45. THE BOOK OF RITES
“The Book of Rites”: The author proceeds to discuss the laws pertaining to the rites of pilgrimage. Manasik, as it is called in Arabic, is the plural of mansak and actually means devotion (al-ta’abud). All acts of worship are termed manasik. Allah says: {And for all nations We have appointed a rite [of sacrifice] (manasakan) that they may mention the name of Allah over what He has provided for them of [Sacrificial] animals.} (Al-Hajj: 34)
And He also says: {Say, “Indeed, my prayer, my rites of sacrifice, my living and my dying are for Allah, Lord of the worlds.”} (Al-An’am: 162) That is, the slaughtering of sacrificial animals.
Linguistically and by origin nusuk (which is the root word of manasik) is a reference to devotion in all forms of acts of worship. (See al-Sihah (4/1612).) Here, it refers to all forms of rites associated with Hajj and ‘Umrah. It includes verbal and physical deeds that are performed in both the major and minor pilgrimages as legislated by Allah. (See al-Mutla’ (p. 156).)
Hajj and ‘Umrah are both wajib upon a Muslim who is free, mature and is able to perform it once in his lifetime without delay.
“Hajj and ‘Umrah are both wajib upon a Muslim”: Hajj is obligatory upon every Muslim. The disbeliever is not required to do so as long as he is a kafir. This is because his Hajj will not be valid just like the rest of the acts of worship he may perform. These acts become valid if he embraces Islam.
“Who is free”: Slaves are exempted. It is not wajib upon a slave to perform Hajj as he is owned by his master and his role is to serve his master. Hence, he is accorded a concession whereby Hajj is not wajib upon him as performing it takes time, requires travel and sustenance. Undertaking it will deprive his master of the service he could have otherwise rendered. Furthermore, his livelihood depends on his master which makes Hajj non-obligatory for him to begin with. However, if amid his slavery he is able to perform Hajj, then it is valid although it is a nafl (voluntary) act for him.
“Able”: I.e., he has the ability to travel and sustain himself during it. He must be able to access a mode of transport to travel in. Allah says: {And [due] to Allah from the people is a pilgrimage to the House, for whoever is able to find thereto a way there.} (Ali ‘Imran: 97)
Regarding the word in the above ayah “al-sabil’ (a way), the exegesis offered by Ibn Abbas for this word here is “sustenance and transport.” (Reported by Ibn Majah (2897) with a marfu narration from ‘Abdullah ibn ‘Abbas.) He should have enough food and money to sustain his journey and return, to sustain any dependants from the time he departs until he returns and he should have a mode of transport which will help him perform Hajj. The mode of transport varies with time of course. Riding animals or travelling by car, steam ship or airplane are all forms of transport that make it possible for him to perform Hajj. He should be able to pay the required cost of these modes of transport. This is what is meant in the ayah in regards to being able to acquire transport.
“To perform it once in his lifetime’: It is wajib upon a Muslim to perform Hajj once in his lifetime. This is an ease conferred by Allah as performing Hajj involves much travel and expenditure. Perhaps there are even hazards along the way or during the pilgrimage that one has to face. These hazards may be due to a lack of safety and security. Hence, Allah has made it easy for the Muslims such that they need perform it only once in their lifetime.
The evidence for this is derived from the hadith in which the Prophet(pbuh) said, “O people! Verily Allah has prescribed for you the Hajj so perform it.” Al-Aqra’ ibn Habis said, “Should one perform it every year O Messenger of Allah?” The Prophet was silent for a moment and then replied, “If I say ‘yes’ it would become obligatory and you would not be able to fulfil it. Do not ask me more than what I have left you. Hajj is performed once and he who does more, it is supererogatory for him.” (Reported by Ahmad (1/255, 290), Abu Dawud (1721), al-Nasa’i (5/111) and Ibn Majah (2886) from the narration of ‘Abdullah ibn ‘Abbas.)
“Without delay”: It is wajib to hasten to perform Hajj and not delay it. To expedite it is one of the conditions of Hajj. A Muslim is deemed a sinner if he delays performing Hajj without a valid excuse. The Prophet(pbuh) said, “Hasten to perform Hajj for verily none of you knows what awaits him.” (Reported by Ahmad (1/313), Abu Dawud (1732) and Ibn Majah (2883) from the narration of ‘Abdullah ibn ‘Abbas.)
In the event that a slave is freed, the insane gains sanity or a child reaches puberty while at ‘Arafah during Hajj or before performing tawaf during ‘Umrah, then the obligation is fulfilled.
“In the event that a slave is freed, the insane gains sanity or a child reaches puberty while at ‘Arafah during Hajj or before performing tawaf during ‘Umrah, then the obligation is fulfilled”: If the conditions which prevent the performance of obligatory pilgrimage are removed – as when a slave is freed, when an individual regains sanity after losing it, or when one of the signs of attaining puberty is evident in a child – then that person is considered to have fulfilled the obligatory pilgrimage. This is provided that the above conditions are removed before one embarks on the rites of Hajj and ‘Umrah. If the conditions are removed during Hajj while he is in ‘Arafah, then his obligatory pilgrimage (Hajjatul Islam) is considered fulfilled. This is because standing at ‘Arafah is the first rite which is a pillar of Hajj. If the conditions are removed while he is standing there, the remaining part of the day he spends there is sufficient to fulfil this pillar of Hajj. He then has to proceed to perform the remaining rites until completion. If he is performing ‘Umrah, then he is deemed to have fulfilled ‘Umrahtul Islam when the conditions are removed before he makes tawaf. If the conditions are removed while he is making the tawaf then he is not deemed to have fulfilled ‘Umrahtul Islam. However, he should proceed with the rites for it will be considered as a supererogatory act of worship. He should make plans to perform ‘Umrah in the near future so as to fulfil the obligatory ‘Umrah.
Pilgrimage performed by a child or a slave is considered a supererogatory act of worship.
“Pilgrimage performed by a child or a slave is considered a supererogatory act of worship”: Hajj or ‘Umrah performed by a child who is not of age is valid but deemed a nafl act. This can be proven by the incident where a woman raised a child towards the Prophet(pbuh) and asked, “Is this one required to perform Hajj O Messenger of Allah?” He replied, “Yes. And you get the reward.” (Reported by Muslim (4/101), Ahmad (1/219, 244), Abu Dawud (1736) and al-Nasa’i (5/120) from the narration of Abdullah ibn Abbas.) The hadith is evidence for the validity of Hajj performed by a child. It is considered as supererogatory and the guardian of the child gains the reward for it. However, the performed pilgrimage does not free the child from the obligation of Hajjatul Islam.
Similarly, Hajj performed by a slave is only considered a supererogatory Hajj and it earns him rewards. However, he must endeavour to perform Hajjatul Islam and ‘Umrahtul Islam as soon as he is freed.
The able: He who is able to mount the mode of transport, has enough provision to sustain the journey and a mode of transport which befits his status after all his dues, mandatory expenditures and basic needs are settled.
“The able: He who is able to mount the mode of transport”: This is the exegesis for the ayah: {For whoever is able to find thereto a way.} (Ali ‘Imran: 97) The potential pilgrim must be able to mount the riding animal, the plane or the car. If he is unable to do so due to frailty of the body, terminal illness or old age, he does not have to perform Hajj himself. He may appoint a representative to do it on his behalf. This is due to the fact that his inability to do Hajj is a permanent one.
“Has enough provision to sustain the journey and a mode of transport”: His provisions should sustain the journey to perform Hajj and the journey back as Allah says: {And take provisions, but indeed the best provision is taqwa.} (Al-Baqarah:19)
It is not permissible for him to perform Hajj if he does not have the provisions to sustain his journey. He should not be dependent on people or beg them for it. The provision that he sets aside to perform Hajj should be that which remains after all his basic needs and that of his dependants are taken care of. He should not be tight-fisted in spending for his basic needs or that of his children and other dependants, saying, “Spare nothing for the sake of Hajj.” The provisions reserved for the Hajj trip should be over and above basic needs like possession of the mode of transport with which he wants to set out to perform Hajj, the house in which he is living in and books that he requires. As for luxuries, he may sell any that he possesses which he finds superfluous. If there is any amount that remains after his basic needs and that of his dependants are taken care of, he may use it to perform Hajj.
“Which befits his status”: The wealthy should ready a mode of transport suitable to their status. There is no restriction that they should choose one that is meant for the poor. Similarly, the provision should benefit his stature as a rich man. He is not limited to making do with a poor man’s provision. The poor man should equip himself with a mode of transport that befits a poor man and prepare provision that is sufficient for him.
“After all his dues, mandatory expenditures and basic needs are settled”: The money with which he performs Hajj should be in excess of dues binding upon him such as debt. If there will be no money left after performing Hajj, then he may do so only after acquiring permission from the lender or lenders. If not, he has to settle their debt.
If old age or incurable illness prevents him, then he must appoint a representative who shall perform Hajj and ‘Umrah on his behalf if they are obligatory.
“If old age or incurable illness prevents him, then he must appoint a representative who shall perform Hajj and ‘Umrah on his behalf if they are obligatory”: These people are termed as those who are able financially but incapable physically (al-qadir bi malihi duna nafsihi). He may appoint a representative to perform pilgrimage on his behalf provided that the factors preventing him from performing Hajj are permanent, such as terminal illness or old age. A woman asked the Prophet(pbuh) whether she could perform Hajj on behalf of her father who was obliged by Islamic legislation to perform it. She added that he was very old and was unable to ride the animal on which he would need to travel to perform Hajj. The Prophet(pbuh) replied, “Yes, perform Hajj on behalf of your father.” (Reported by al-Bukhari (2/163), (3/23) and Muslim (4/101) from the narration of ‘Abdullah ibn Abbas.) This is proof for the permissibility of appointing a representative to perform Hajjatul Islam on one’s behalf provided that he is incapable of doing it himself although he is financially sound.
“Then he must appoint a representative who shall perform Hajj and ‘Umrah on his behalf if they are obligatory”: The representative must travel from the country of the person he represents. This is because the person on whose behalf Hajj is being performed must travel from his place of residence. The representative must imitate the actions of the one who he represents were the latter to have performed the Hajj himself. All expenses accrued by the representative in his journey from that country until the time he returns to it is borne by the person on whose behalf he performed the pilgrimage. This is an opinion. (See al-Insaf (3/405).)
Another opinion, which is correct by the will of Allah, is that there is no restriction that Hajj must be performed from the country of residence. If he finds a person to perform Hajj on his behalf, the latter may do so from whatever location and the Hajj performed on his behalf is valid. (See al-Mughni (5/39).) The evidence for this is the incident where the Prophet(pbuh) heard someone say, “Labbaykka ‘an Shubrumah” (I have answered Your call on behalf of Shubrumah). The Prophet asked, “And who is Shubrumah?” To which the person replied, “A brother of mine who died.” The Prophet asked, “Have you performed Hajj for yourself?” And he replied in the negative. So, the Prophet said, “Perform Hajj for yourself and then perform it on behalf of Shubrumah.” (Reported by Abu Dawud (1811) and Ibn Majah (2903) from the narration of ‘Abdullah ibn ‘Abbas.) The point to note is that the Prophet(pbuh) did not stipulate the he perform it by travelling from the country where Shubrumah had lived.
It is valid for him if he recovers after [the representative] enters the state of ihram.
“It is valid for him if he recovers after [the representative] enters the state of ihram-. That is, the incapable individual who appointed another to perform Hajj on his behalf. If that which prevented him from performing Hajj dissipates before the representative enters the ihram, then it is obligatory for him to perform it himself. The Hajj of the representative shall be considered a voluntary one from which he earns the reward. However, if that which prevented him from performing Hajj dissipates only after the completion of the Hajj rites by the representative or in the midst of performing it but after entering into the ihram of Hajj, then the pilgrimage is deemed as Hajjatul Islam for the person he represents.
A further prerequisite for its obligation upon women: the presence of a mahram. This can be her husband or any other male relative who she is forever forbidden to marry, by way of blood ties or legitimate reasons.
“A further pre-requisite for its obligation upon women: the presence of a mahram”: We have discussed earlier that there are four pre-requisites which make Hajj obligatory: Islam, freedom, ability to perform Hajj and puberty. When all these pre-requisites are met by a Muslim, Hajj becomes obligatory upon him. Failing to meet even one of these prerequisites will render Hajj non-obligatory. Women having a further pre-requisite: the presence of a mahram who must accompany her for the pilgrimage. The Prophet(pbuh) said, “It is not permissible for any woman who believes in Allah and the Last Day that she travels except accompanied by her mahram” In other narrations: “A Day and a night”, (Reported by al-Bukhari (2/54) and Muslim (4/103) from the narration of Abu Hurairah.) “Two days”, and in another narration, “Three days.” (Reported by al-Bukhari (3/76, 77) and Muslim (3/152) from the narration of Abu Sa’id al-Khudri.) This is evidence that women should not travel unless her mahram accompanies her on the journey.
Mahram: This is a male relative whom a woman is forever forbidden to marry due to blood ties or legitimate reasons. This will be explained in detail later. The mahram must have attained puberty and be of sound mind. If a mahram is not available, then she must wait until this prerequisite is met. However, if she has lost hope in finding a mahram to travel with, she may appoint a representative to perform Hajj on her behalf as it is not permissible for her to perform it herself without the presence of a mahram. The hadith, “It is not permissible for any woman who believes in Allah and the Last Day that she travels except if accompanied by her mahram,” (Reported by Muslim (4/103) and Ahmad (2/347) from the hadith of Abu Hurairah.) stipulates this prohibition clearly.
A man came to the Prophet(pbuh) with a desire to partake in the battle and jihad for the sake of Allah. He informed the Prophet(pbuh) that his wife shall be performing Hajj. He(pbuh) then said, “Go and perform Hajj with your wife.” (Reported by al-Bukhari (3/24, 72) and Muslim (4/104) from the narration of Abdullah ibn Abbas.) He prioritized accompanying his wife to perform Hajj over his participation in the battle and jihad for the sake of Allah. This is because a woman has weakness and requires a person to look after her welfare, safety and needs.
Travelling is tiresome and filled with hardships. Travelers are exposed to dangers and a woman may face fitnah and may be taken advantage of in the absence of her mahram. Therefore, the presence of a mahram is a prerequisite for Hajj to be an obligation upon a woman. That is, if she wants to perform it herself. If a mahram is not available, then she may choose to wait and perform Hajj when he is available or she may appoint a representative who will perform Hajj on her behalf.
“This can be her husband or any other male relative who she is forever forbidden to marry, by way of blood ties or legitimate reasons”: Examples of a mahram would be her husband, or those forever forbidden from marriage to her: the father, paternal uncle, maternal uncle, brother and nephew. These are mahram by way of blood ties.
A legitimate reason where a male becomes a mahram to a female is by way of al-rada’a (a foster relationship established by breast-feeding). Examples of a mahram are her brother through nursing, father through nursing, grandfather through nursing and maternal uncle through nursing. The Prophet(pbuh) said, “A relationship through nursing forbids that which is forbidden by blood ties.” (Reported by al-Bukhari (7/12) and Muslim (4/165) from the narration of ‘Abdullah ibn ‘Abbas.) What is impermissible for the child related by birth is also impermissible for the one related through nursing (i.e., breast feeding). Allah, when mentioning about prohibitions, says: {And your [milk] mothers who nursed you and your sisters through nursing.} (Al-Nisa: 23) This is a legitimate reason for a male to be conferred the status as a mahram to women.
Marriage is another legitimate reason. Her father-in-law and her husband’s son are her mahrams too. Some scholars claim that a la an (oath of condemnation) once established must lead to a separation between the spouses. It renders the woman forever forbidden to the man. However, this does not confer him the status of a mahram.
“Forever”: Therefore, ties with temporary prohibition are excluded. Examples are his wife’s sister and maternal and paternal aunts. These women are forbidden to him as long as his wife is married to him. However, if he divorces his wife or she dies, he may marry his ex-wife’s sister or aunt. Since these ties are not forever forbidden to a man, he is not considered as a mahram to these women.
If a person upon whom Hajj or ‘Umrah is obligatory dies, it is fulfilled on his behalf using wealth he left behind.
“If a person upon whom Hajj or ‘Umrah is obligatory dies, it is fulfilled on his behalf using wealth he left behind”: That is, he dies before fulfilling either ‘Umrah or Hajj. In this case the money that he left behind is used to pay a representative to perform it on behalf of the deceased. This is because both ‘Umrah and Hajj remain a debt upon the deceased until they are fulfilled. Debt has a higher priority than inheritance, let alone debt owed to Allah. Therefore, an amount sufficient to engage a person to perform the pilgrimage on behalf of the deceased is taken from his wealth that was left behind.
By Shaykh Salih ibn Fawzan al-Fawzan
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