11. THE OBLIGATORY FEATURES OF HAJJ AND ‘UMRAH
THE OBLIGATORY FEATURES OF HAJJ AND ‘UMRAH
THE INTEGRALS OF HAJJ AND ‘UMRAH
The integrals of ‘umrah are:
a) ihram;
b) circumambulation;
c) going between Safa and Marwah;
d) shaving or shortening the hair;
(and performing them in the order given, which is a fifth integral)
The integrals of hajj are these four ((a), (b), (c), and (d) above) plus standing at ‘Arafa. The hajj’s other requisites (wajibat, (are:
a) that one enters ihram at the proper site;
b) stoning the stoning sites at Mina;
c) staying the night at Muzdelifa (another position is that this is sunnah and not obligatory);
d) staying the nights following the ‘Eid at Mina;
e) and the farewell circumambulation.
Everything besides the above is Sunna.
THE NON-PERFORMANCE OF AN OBLIGATORY FEATURE OF HAJJ OR ‘UMRAH
Someone who does not perform an integral (of hajj or ‘umrah) remains in ihram until he performs it. Someone who does not perform some other obligatory feature of them must slaughter in expiation (if he does not return and perform it before its time is finished, as in such cases as:
1. returning to enter ihram at the proper site before one starts circumambulating, though if one returns after having begun circumambulating, it does not lift the obligation to slaughter;
2. not spending the night at Muzdelifa
which necessitates slaughtering if one does not return before sunrise, though to do so after sunrise does not lift the obligation to slaughter;
3. or not spending most of the night at Mina, if one does not return to it before most of the time has passed, though if one does (return while most of it remains), then one need not slaughter.
And similarly for the other requisites). Someone who does not perform a Sunna is not obliged to do anything.
BEING PREVENTED BY OTHERS FROM COMPLETING THE INTEGRALS OF HAJJ OR ‘UMRA AFTER HAVING ENTERED IHRAM
Someone prevented by an enemy (non-Muslim or Muslim) from entering Mecca (and fulfilling the integrals (of hajj or ‘umrah, including being barred from performing the obligatory circumambulation (tawaf al-ifada) or going between Safa and Marwah) when there is no alternative route, releases himself from ihram by intending release from it, shaving his head, and slaughtering a sacrifice animal at the place he has been prevented, if an animal is available. If not (such as when unable to find an animal at all, or finding one for more than the going price of simi: lar animals at that place and time), one gives the animal’s value in food (wheat) (as charity to the poor and those short of money in the Sacred Precinct (or place one is prevented); or if unable (to give food), one fasts a single day for each 0.51 liters of food (wheat) that would have been given had the latter been done (fasting the days wherever one wishes. When fasting is the only option possible, one is immediately released from ihram after shaving one’s head with the intention of releasing oneself).
If such a· hajj or ‘umrah was to have been supererogatory, one is not obliged to make it up.
A FULL SUMMARY OF THE EXPIATIONS CONNECTED WITH HAJJ AND ‘UMRA
(Muhammad ‘Abdullah Jurdani distinguishes between four categories of expiations relating to hajj and ‘umrah.
(I) The first category consists of alternatives in a fixed precedence order and predetermined amount (dam tartib wa taqdir), meaning that one must either slaughter a shah meeting sacrifice specifications, distributing its meat to the poor and those short of money in the Sacred Precinct; or if unable to slaughter (from lack of money) while on the hajj, even if one has enough money back home), then one must fast three days during the hajj and seven more at home, making ten days. (If this expiation is for something that should have been performed after standing at ‘Arafa ((4), (5), (6), or (9) below), the three days “during the hajj” may be fasted after one’s release from ihram while still in Mecca, or if one fails to do so while there (as is obligatory), they become a makeup fast that must be performed before the other seven fasted at home (by an interval equal to the days of one’s journey home).) There are nine things which necessitate this type of expiation:
1. performing an ‘umrah first (tamattu’) hajj;
2. performing hajj and ‘umrah simultaneously (qiran);
3. not standing at ‘Arafa;
4. to miss stoning at the stoning sites of Mina on the three days after the ‘Eid, the time for which ends at sunset on the third day (if one does not leave early;
5. to miss all three nights at Mina after the ‘Eid, though if one only misses a single night, one distributes 0.51 liters of wheat to the poor of the Sacred Precinct, and if two nights, then double this amount;
6. to miss spending the night at Muzdelifa;
7. not entering ihram at the proper site;
8. breaking one’s vow;
9. or not performing the farewell circumambulation (tawaf al-wada’).
(II) The second category consists of expiations in which one is free to choose one of three predetermined alternatives (dam takhyir wa taqdir), namely: to slaughter and distribute a shah as described above (I); to fast three days, even if inconsecutive, wherever one wishes; or to give 1.015 liters of wheat to each of six of the poor or those short of money at the Sacred Precinct.
There are eight things which necessitate this type of expiation:
1. removal of three hairs at one time and place, meaning that the interval between removing each is not considered long, and one has remained at the same place, though if their removal does not occur at a single time and place, one must pay 0.5l liters of wheat to the poor or fast one day for each hair, even if their number exceeds three;
2. trimming three nails at one time and place, with the same rules and restrictions as just mentioned;
3. men wearing sewn garments or covering their head, or women covering their faces (dis: j3.24);
4. using oil;
5. using scent 03.7);
6. sexual foreplay (other than intercourse);
7. having sexual intercourse, a second time after having spoiled one’s hajj by an initial sexual intercourse;
8. or having sexual intercourse between partial and full release from ihram.
(III) The third category consists of expiations in a fixed precedence order of alternatives involving estimate-based substitutes (dam tartib wa ta’dil). It is necessitated by two things.
1. The first is being prevented by another from completing all the integrals of the hajj or ‘umrah, in which case one must release oneself from ihram by slaughtering and distributing a shah as described above (I); or if unable to slaughter, one estimates its value, buys food for that amount, and distributes it to the poor of the Sacred Precinct (N: or place one is prevented); or if unable to give food, one fasts one day for each 0.51 liters of wheat that would have been given if one had been able to.
2. The second is having spoiled one’s hajj or ‘umrah by sexual intercourse (def: j3.14), in which case one must slaughter a camel, or if unable to, one must perform the alternative one is capable of, of those mentioned.
(IV) The fourth category involves choosing between alternatives consisting of estimate-based substitutes (dam takhyirwa ta’dil). It is necessitated by two things.
1. The first is killing a game animal while in ihram. where if there is a domestic animal of similar value (lit. “like”), one has a choice between the alternatives mentioned, though if there is not, then those mentioned.
2. The second is destroying a tree of the Sacred Precinct, where. if it is large in relation to other trees of its kind, one slaughters and distributes a cow, and if small, one slaughters a sheep. In either case, one has a choice between slaughtering it and distributing its meat to the poor of the Sacred Precinct, estimating its cost and buying wheat to distribute to the poor of the Sacred Precinct, or fasting a day for each 0.51 liters of wheat that would have been bought had the latter been done.
(Mufid ‘awam ai-Muslim in rna yajibu ‘alayhim min ahkam ai-din (y67), 230-38» (Throughout the above, whenever one is obliged to slaughter an animal, it is permissible to commission (wakala) another person to do so by means of the written contracts readily available at a modern hajj, simply paying an amount of money and signing the agreement. They then slaughter for one in the early morning of the ‘Eid and distribute the meat to deserving recipients. Secondly, giving food or wheat to the poor, wherever it is mentioned in connection with expiations, means giving them the type of food that is valid for the zakat of ‘Eid al-Fitr, and the remarks made in that section about the Hanafi school permitting other than wheat apply equally here.) (In the Hanafi school, slaughtering must take place in the Sacred Precinct, though one may distribute both the meat and other expiations anywhere (al-Lubab fi sharh al-Kitab (y88), 1.212,1.224).)
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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