53.2. CHAPTER DESCRIPTION OF HAJJ AND ‘UMRAH
Then he proceeds to Makkah and those performing al-qiran or al-ifrad make tawaf with the intention of making the obligatory tawaf al-ziyarah. The earliest time for it is at midnight of the day of sacrifice. It is Sunnah to do it during the day. He may delay it if he so wishes.
“Section: Then he proceeds to Makkah ”: Once the three rites: throwing pebbles at the Jamrah, slaughtering the sacrificial animal and shaving the head or shortening the hair are completed, he goes to Makkah. That is, he leaves Mina for Makkah to carry out the fourth rite: tawaf al-ifadah. It must be pointed out that the slaughtering of the sacrificial animal need not take place on the day of ‘Eid. However, doing so on the day of ‘Eid after throwing pebbles at Jamrah al-Aqabah is better. He may delay the sacrifice until sunset of the thirteenth of Dhul Hijjah. It is permissible to slaughter the sacrificial animal any time within this period and he may do so as and when he prefers.
“And those performing al-qiran or al-ifrad make tawaf with the intention of making the obligatory tawaf al-ziyarah”’: Once he arrives there, those performing the qiran and if rad forms of pilgrimage make tawaf With, the intention that it is obligatory. That is, the intention should not be of tawaf al-qudum (which one does on arrival) but it should be with an intention that it is an obligatory tawaf not a supererogatory one.
Tawaf al-ziyarah is in fact tawaf al-ifadah. It is also called tawaf al-sadr. These are the names for this particular tawaf which is a rukn (pillar) amongst the arkan (pillars) of Hajj.
“The earliest time for it is at midnight of the day of sacrifice. It is Sunnah to do it during the day. He may delay it if he so wishes”: The time is fixed for when one can begin performing tawaf al-ifadah. He can start performing it at midnight of the day of sacrifice. There is no restriction as to the latest time when
tawaf al-ifadah must be performed. He may delay it as he wishes until after the day of tashriq and even after the month of Dhul Hijjah. It has a specific time when one can start performing but there is no specification for when its period expires. However, it is best that one performs it as soon as possible.
He then makes sa’i between Safa and Marwah, that is, those who are performing ‘Umrah and those who have yet to make sa’i after performing tawaf al-qudum (arrival).
“He then makes sa’i between Safa and Marwah, that is, those who are performing ‘Umrah and those who have yet to make sa’i after performing tawaf al-qudum (arrival)”: Tawaf al-ifadah is wajib for all those who are performing Hajj. It is wajib for those who are performing al-tamattu, al-qiran or al-ifrad. It is wajib that those performing al-tamattu make sa’i immediately after tawaf al-ifadah as sa’i is a permanent feature o f ‘Umrah. Hence, those performing al-tamattu have to perform tawaf and sa’i twice: tawaf and sai for ‘Umrah and tawaf and sa’i for Hajj. If those performing al-qiran and al-ifrad made sa’i after tawaf al-qudum, they need not repeat it after tawaf al-ifadah. If they failed to make sa’i after tawaf al-qudum, then they must do so after tawaf al-ifadah.
With this, all things are made permissible.
“With this, all things are made permissible ”: As soon as the fourth rite—which is tawaf al-ifadah—is completed, he attains full tahalul. This is provided that he has completed the other three rites by which he achieved primary tahalul. Everything that was forbidden for him whilst in the state of ihram like wearing stitched garments, covering the head, wearing perfume and having sexual relations with his wife become permissible once again.
He drinks Zamzam water desiring a thing and over-indulges himself. He then supplicates with that which is prescribed.
“He drinks Zamzam water desiring a thing and over-indulges himself”: After performing tawaf al-fadah, he goes to the Zamzam well and drinks from it. This is the Sunnah as the Prophet(pbuh) did it. (As mentioned in the hadith of Jabir where he describes the Hajj of the Prophet(pbuh) reported by Muslim (4/42).) He drinks Zamzam water with the intention to gain something. The Prophet(pbuh) said, “The water of Zamzam is for whatever it is drunk for.” (Reported by Ahmad (3/357) and Ibn Majah (3602) from the narration of Jabir ibn Abdillah.) So, one intends something that he desires of this world or the Hereafter as the Zamzam water is blessed. He over-indulges himself while drinking it such that he fills up his stomach with it.
“He then supplicates with that which is prescribed”: He supplicates with that which is authentically reported whilst drinking Zamzam water: “Allahumma aj’alhu ‘ilman nafi’an, wa rizqan wasi’an, wa riyyan wa shiba’an wa shifaan min kulli dain, allahumma ighsil bihi qalbi wa amlahu min khashyatika.” (O Allah, make it (Zamzam water) a source of gaining beneficial knowledge, vast provision, quenching thirst and satisfying hunger and a cure from all diseases. O Allah, wash my heart with it and fill it (my heart) with fear for You) (It has been reported from Ibn ‘Abbas that when he drank Zamzam water he used to say: “Allahumma inni asaluka ‘ilman nafi’an wa rizqan wasi’an wa shifa min kulli da’in.” (O Allah, I seek from your beneficial knowledge, wide provisions and cure from every ailment.) Reported by
al-Daraqutni (2/288) and al-Hakim (1/473).) This is the supplication prescribed when drinking Zamzam water.
He returns to Mina and spends three nights there.
“He returns to Mina and spends three nights there”: After completing tawaf al-ifadah and sa’i (if sa’i was still pending completion) he returns to Mina and should not stay at Makkah. He stays at Mina during the three days of tashriq. He spends the days and nights there, though spending the nights there is wajib
and staying at Mina during the day is Sunnah. The three nights wajib to be spent at Mina are the eleventh, twelfth and the thirteenth of Dhul Hijjah. This is provided that he delays his Hajj until the thirteenth. If he expedites his departure, then it will suffice him to spend two nights there: the eleventh and twelfth of Dhul Hijjah. More will be discussed regarding this shortly. If he fails to spend the nights at Mina, he must offer expiation as he has failed to fulfil a wajib act of Hajj. However, he can be excused of this obligation if he has a valid reason in line with the Shari’ah that prevents him from doing so.
He throws at the first Jamrah, which is nearest to al-Khayf masjid, seven pebbles.
“He throws at the first Jamrah, which is nearest to al-Khayf masjid, seven pebbles”: He throws pebbles at the first Jamrah, which is also known as Jamrah al-Sughra. It is nearest to al-Khayf masjid. He throws seven pebbles consecutively by raising his hand as he throws each pebble whilst saying “Allahu akbar” with each throw.
He stands such that it is on his left, steps back slightly and spends a long time standing there invoking. He then moves to al-Wusta and does likewise. He then proceeds to Jamrah al-Aqabah. He stands such that it is on his right. He goes to the valley floor and does not stand there.
“He stands such that it is on his left, steps back slightly and spends a long time standing there invoking”: Once he has thrown the pebbles at Jamrah al-Sughra, he proceeds in the direction where Jamrah al-Wusta is located. He stands such that Jamrah al-Sughra is on his left. He faces the qiblah and invokes Allah in a lengthy manner. Some Companions used to invoke for a period of time it takes one to read the whole of Surah al-Baqarah.
“He then moves to al-Wusta and does likewise”: He throws seven pebbles one after the other at Jamrah al-Wusta by raising the hand and says the takbir, just as he did at Jamrah al-Sughra.
“He then proceeds to Jamrah al-Aqabah. He stands such that it is on his right. He goes to the valley floor”: He stands to invoke similarly and then proceeds on to Jamrah al-Aqabah, which is the last one and throws at it from the direction of the valley. This is how it was done during the lifetime of the Prophet(pbuh) as there used to be a mountain in this location. Tie pebbles were not thrown from the top of the mountain but from the valley. However, since the mountain was demolished due to an expansion project sanctioned by the ruler, pilgrims can now throw the pebbles from any direction that is of convenience to them.
“And does not stand there”: As soon as he throws the pebbles at Jamrah al-Aqabah, he leaves the place and does not stand there to make invocations as he did at Jamrah al-Sughra and Jamrah al-Wusta.
He does this in sequence after the sun sets from its zenith while facing the qiblah each day during the days of tashriq.
“He does this in sequence after the sun sets from its zenith while facing the qiblah each day during the days of tashriq”: The acts referred to here are throwing pebbles at Jamrah al-Sughra, al-Wusta and then al-’Aqabah. He throws seven pebbles at each Jamrah and stands at Jamrah al-Sughra and al-Wusta to invoke Allah. He does this each day of the days of tashriq which are the eleventh, twelfth and thirteenth of Dhul Hijjah. He starts throwing pebbles on the days of tashriq after the sun has set from its zenith (zawal) as the Prophet(pbuh) used to wait until the sun set from its zenith on the days of tashriq before
he performed al-rami (throwing pebbles at the pillars). His Companions used to do likewise. If al-rami was permissible before the sun set from its zenith as claimed by some people, then the Prophet(pbuh) would have informed us about it. There is not a thing related to the din except that the Prophet(pbuh) explained it to his nation. If al-rami was permissible before zawal, he would have permitted it or would have set an example by doing it. However, there is neither evidence that he allowed anyone to do it nor that he did it himself(pbuh). Not even one of his Companions did so. This proves that performing al-rami before zawal is not permitted.
It is permissible to throw all the pebbles on the third day. He performs them in order by intending them. If he delays it after these three days or does not spend the nights at Mina, he must pay the dumm penalty.
“It is permissible to throw all the pebbles on the third day. He performs them in order by intending them”: I f he does not throw the pebbles at the Jamrat on the eleventh and the twelfth, it is permissible for him to collate and throw them altogether on the thirteenth. This is because all three days fall within the period when al-rami is prescribed. However, he must do so in sequence. He should throw the pebbles of the eleventh day first by throwing at the three Jamrat. Afterwards, he returns to throw the pebbles for the twelfth day He returns once again to throw pebbles for the thirteenth day. This concession is a relief for those who are unable to perform al-rami on all three days of tashriq due to some hardship, crowding or other hazards. They may delay throwing the pebbles until the crowds lessen on the thirteenth day. This is because most of them expedite their departure leaving on the twelfth of Dhul Hijjah. Hence, the crowds will be less on the thirteenth day and it will be easier on the pilgrims to do this rite.
“If he delays it after these three days or does not spend the nights at Mina, he must pay the dumm penalty”: If he delays al-rami until after the thirteenth of Dhul Hijjah, then he has missed this rite as the prescribed time for it has ended. One cannot make up for it at a later time. Hence, he must pay the dumm penalty which is a fidyah to rectify the error. Since he failed to perform a wajib act of Hajj, he must pay this penalty. Whoever fails to perform a wajib act of Hajj must offer expiation in the form of fidyah. Similarly, he who fails to spend the nights at Mina without a valid excuse must pay fidyah as he has failed to perform a wajib act of Hajj. Failing to do so warrants a dumm penalty.
Whoever wishes to expedite his departure after two days must leave before sunset. If not, he must spend that night and perform al-rami the next day.
“Whoever wishes to expedite his departure after two days mast leave before sunset. If not, he must spend that night and perform al-rami the next day”: A Muslim is given the choice of spending three nights at Mina and performing al-rami on all three days. This is best for him as the Prophet(pbuh) did so.
However, he may choose to expedite his departure after throwing pebbles at the three Jamrat after zawal on the twelfth of Dhul Hijjah. He may leave Mina thereby concluding his Hajj. The only condition is that he has to leave Mina before the sun sets on the twelfth. If he stays at Mina until sunset, then he is obliged to spend the night at Mina and throw pebbles at the Jamrat on the thirteenth of Dhul Hijjah. The condition to expedite one’s departure from Mina is to leave it before sunset.
Having an intention to expedite his departure is not sufficient by itself. Some people have erroneously given this religious ruling. The intention to expedite will not suffice. One must physically carry out his plan. However, if he carries all his belongings and begins his journey but is hindered from leaving Mina
by sunset due to overcrowding, then he may proceed to leave Mina as he had planned. There is no blame on him to do so for he had already started his departure.
He should not leave Makkah without performing tawaf al-wada. If he stays or trades thereafter, he must repeat the tawaf.
“He should not leave Makkah without performing tawaf al-wada. Tawaf al-wada is the last rite of Hajj. If a person wishes to leave Makkah after completing his Hajj and is set to make a short or long journey from Makkah, he must perform this tawaf around the Ka’bah seven times. It is called tawaf al-wada
because it is the last thing one does. Furthermore, the Prophet(pbuh) said, “One should not leave until he performs tawaf of the House.” (Reported by Muslim (4/93), Ahmad (1/222) and Abu Dawud (2002) from the narration of Abdullah ibn Abbas.)
It is mentioned in the hadith narrated by Ibn Abbas, “…They were ordered to let it (the tawaf be the last act to be fulfilled at the House. Except those menstruating women who are excused from it.” (Reported by al-Bukhari (2/202) and Muslim (4/93).)
Tawaf al-Wada is a wajib act of Hajj as the Prophet had emphasised strongly that all those leaving Makkah should perform it after completing the Hajj rites.
“If he stays or trades thereafter, he must repeat the taw a f: If a pilgrim performs tawaf al-wada and thereafter spends the night or a few more days—a period which constitutes as taking up residence according to custom—in Makkah, his tawaf is made obsolete as this act was not the last thing that he performed in Makkah. He must repeat the tawaf when he is about to leave Makkah.
In the hadith narrated by Ibn ‘Abbas, the Prophet(pbuh) commanded thus: “Let it (the tawaf be the last act to be fulfilled at the House.”
“Or trades”: That is, buying and selling as a form of business dealings to make a profit after one has performed tawaf al-wada. He has effectively made this tawaf obsolete by engaging in trade as the tawaf was not the last thing he did. In fact, it was the buying and selling which was his final act. Therefore, he must repeat tawaf al-wada.
In the situation where he performs the tawaf but goes to his place of residence to pick up something important or his belongings, then this is not an issue. Similarly, he is not penalized for buying things necessary for his journey or gifts for his relatives whilst on his way out. These acts do not render tawaf al-wada invalid as they are essential to the journey. However, trade in the form of buying and selling is prohibited.
Hence, tawaf al-wada’ is nullified by two things:
Firstly: Staying in Makkah after performing the tawaf.
Secondly: Engaging in trading activities in Makkah after performing the tawaf.
Anyone other than a menstruating woman who fails to perform it must return to do it. If returning is difficult or he does not return then the dumm penalty is exacted. I f he delays tawaf al-ziyarah until just before his departure, it will suffice as tawaf al-wada.
“Anyone other than a menstruating woman who fails to perform it must return to do it. If returning is difficult or he does not return then the dumm penalty is exacted”: If a person leaves Makkah without performing tawaf al-wada’, then he is obliged to return to Makkah so as to perform it. This is provided that he has not ventured too far away from Makkah. If he has indeed travelled far from it, then returning would not be beneficial as his journey is well underway. Hence, he has to pay the dumm penalty as he has failed to perform a wajib act of Hajj.
The menstruating woman is not obliged to perform tawaf al-wada. Allah has awarded her a concession that exempts her from the obligation as mentioned in the hadith narrated by Ibn Abbas: “Except those menstruating women who are excused from it.” When Safiyah, the Prophet’s wife, began to menstruate
and the Messenger of Allah(pbuh) knew of it, he asked, “Is she holding us back?” He asked this on the assumption that she had not performed tawaf al-ifadah. They replied, “O Messenger of Allah, she has performed tawaf al-ifadah.” He(pbuh) then said, “Let her depart then.” (Reported by al-Bukhari (5/223) and Muslim (4/93)) This is proof that tawaf al-wada is not wajib for a menstruating woman. This is a concession from Allah.
“If he delays tawaf al-ziyarah until just before his departure, it will suffice as tawaf al-wada”: If he delays tawaf al-ziyarah (which is tawaf al-ifadah) until just before his journey, he may combine this tawaf with tawaf al-wada as it meets the condition of being the last thing he did before his departure.
Everyone, except the menstruating women, stand invoking that which is prescribed between the rukn and the door. The Menstruating woman stands by its door uttering invocations.
“Everyone, except the menstruating women, stand invoking that which is prescribed between the rukn and the door”: After performing tawaf al-wada and just before embarking upon one’s journey, it is mustahabb for him to stand between the rukn (the corner) where the black stone is located and the door of the Ka’bah. He then invokes Allah excessively, seeking Allah’s forgiveness and that He accepts all pious deeds just before his journey. He asks Allah to let him return to the Sacred House again and not let this be the last time he visits the Ka’bah. He then makes supplications that are easy for him. This act which is called al-iltizam is among the Sunnah acts of Hajj.
“The Menstruating woman stands by its door uttering invocations”: The menstruating woman should not enter al-masjid al-haram just as she should not enter any other masjid. Therefore, she stands near the door of the masjid and makes various supplications that are easy for her.
And it is mustahabb to visit the grave of the Prophet(pbuh) and that of his two companions.
“And it is mustahabb to visit the grave of the Prophet jig and that of his two companions”: It is Sunnah to visit the grave of the Prophet(pbuh) and those of others—as long as it does not require travel— with the objective to send greetings upon the deceased and to supplicate for them. Travelling for the express
the purpose of visiting is not allowed except visits made to the three holy masjids, which includes Masjid al-Nabawi.
Visiting Masjid al-Nabawi during the Hajj season or any other time is a mustahabb act. However, one may wish to visit Masjid al-Nabawi after Hajj as it saves him the trip solely to visit it. This is also convenient for him. He comes to Madinah with an intention to visit the masjid and not with an intention
to visit the grave. This is because one must not travel to visit the grave. One is only allowed to travel except to visit the three holy masjids: Masjid al-Haram, Masjid al-Nabawi and Masjid al-Aqsa. This is based on the saying of the Prophet(pbuh) “No journey [to visit a masjid] should be undertaken except to the three masjids: Masjid al-Haram, my masjid and Masjid al-Aqsa.” (Reported by al-Bukhari (2/76) and Muslim (4/126) from the narration o f Abu Hurairah.)
One must not embark on a journey to visit a grave; be they the graves of Prophets, awliyah or the righteous people even though visiting a grave is Sunnah. However it is only Sunnah when there is no travel involved. This is because travelling from one place to another for the sole purpose of worship and earning the pleasure of Allah is only sanctioned for visiting the three holy masjids.
There is no doubt that visiting the grave of the Prophet(pbuh) , the graves of his two companions and the graves of Muslims is a mustahabb act. However, this act must not necessitate travel. When one travels to Madinah, he must have the intention to visit the masjid there. This intention incorporates the visit to the Prophet’s grave, the graves of his two companions and those of others. These enter into the intention, following behind the intention to visit the masjid.
The ahadith which relate that it is ordained for a Hajj pilgrim to visit the grave of the Prophet and to visit him are all weak. The hadith, “Whoever performs Hajj and does not visit me has indeed shunned me” (Reported by Ibn ‘Adi in al-Kamal (8/248), Ibn Hibban in al-Majruhin (3/73) and Ibn al-Jawzi in al-Mawduat (1168).) and others similar to it are either weak (da’if), so weak that they cannot be used as evidence or totally fabricated (mawduh). This is the verdict of the imams from the huff’az of ahl al-hadith, may Allah have mercy on them.
The description of ‘Umrah: one enters into the state of ihram at the miqat or the nearest place which is outside the Haram sanctuary for those who are residents of Makkah or thereabouts. Not within the Haram sanctuary.
After describing Hajj, the author moves onto describing ‘Umrah. He says:
“The description of ‘Umrah: one enters into the state of ihram at the miqat or the nearest place which is outside the Haram sanctuary for those who are residents of Makkah or thereabouts. Not within the Haram sanctuary”: Entering into ihram for ‘Umrah is similar to that of Hajj. One should pass by one of the miqat which is on his way and enter into ihram there. He should not go beyond the miqat without entering into the state of ihram. The Prophet(pbuh) said, “These places are for the people as well as for those who come from other places, those who intend to perform Hajj or ‘Umrah.” (Reported by al-Bukhari (2/265) (3/21) and Muslim (4/5) from the narration of ‘Abdullah ibn ‘Abbas.)
If he goes to Makkah to perform ‘Umrah at any time and passes by one of the miqat, then it is wajib for him to assume ihram at that miqat. This is regardless if he walked there, rode an animal, drove a vehicle to get there, passed by the miqat on an airplane or crossed it from any geographical direction on earth.
If so, he must assume ihram at the miqat and should not go beyond the miqat without assuming ihram. However, if his house is nearer to Makkah than the miqat, then his miqat will be his house as the Prophet(pbuh) said, “And whoever lives closer than these [miqat], then his residence is considered as a miqat,” (Reported by al-Bukhari (2/172, 191-192) and Muslim (4/30-31) from the narration of Aishah.) Similarly, if he had crossed the miqat not having an intention to perform ‘Umrah and then wanted to perform it, he may enter into ihram from where he had made the intention. This is provided that he is outside the boundary of the Haram.
The one who is a resident of Makkah or is a non-resident who is at Makkah and wants to perform ‘Umrah, he should not enter into ihram from within the Haram. He should leave the precinct of the Haram and then enter into ihram there. When ‘Aishah wanted to perform Umrah after her Hajj, the Prophet(pbuh) requested her brother Abdul Rahman to accompany her to al-Tan’im. She then assumed ihram for ‘Umrah at this location. Al-Tan’im is the nearest place outside the Haram sanctuary.
“Not within the Haram sanctuary”: This is evidence that one should not enter into ihram to perform ‘Umrah from within Makkah; even if he is a resident of Makkah or otherwise. This is because unlike Hajj, all of the rites of ‘Umrah occur within the Haram. Hajj rites occur around the Haram sanctuary and
outside of it. Hence, the Hajj pilgrim is allowed to assume ihram inside Makkah as he would be leaving the Haram sanctuary to perform wuquf at Arafah.
As all the rites o f ‘Umrah, namely tawaf sa’i, shaving the head or shortening the hair, take place within the Haram, he does not have the opportunity to go outside it. Hence it is enjoined that a muhrim visits both the haram and areas outside it. For this reason, those performing al-tamattu are ordered to go outside of the Haram sanctuary to assume ihram to perform their Umrah. This is to give them the opportunity of having been to the Haram sanctuary and the non-Haram areas whilst they are in the state of ihram.
When he performs tawaf, sa’i and shaves his head or shortens his hair, he makes tahalul.
“When he performs tawaf sa’i and shaves his head or shortens his hair, he makes tahalul”: The rites o f ‘Umrah are: Assuming ihram at the miqat or the nearest place outside the precinct of Haram if he is a resident of Makkah or its vicinity. This is followed by tawaf sa’i and shaving of the head or shortening of
the hair. Once he makes tawaf and sa’i between Safa and Marwah seven times with an intention to perform ‘Umrah and then proceeds to shave his head or shorten his hair, he has achieved tahalul.
These are the rites of Umrah: ihram, tawaf sa’i and shaving the head or shortening the hair.
It is permissible any time and it fulfils the obligation.
“It is permissible any time”: It is permissible to perform Umrah during the Hajj season or during other months. There is no prescribed period in the year to perform it. Hajj however is prescribed by Allah in certain months of the year: {Hajj is [during] well-known months.} (Al-Baqarah: 197) Which are Shawwal, Dhul Qadah and the first ten days of Dhul Hijjah.
‘Umrah on the other hand, has no restriction as to when it can be performed and one may do so whenever he wishes.
“And it fulfils the obligation”: When a person performs ‘Umrah during the Hajj season or any other month, he is deemed to have fulfilled ‘Umrah al-Islam. Every Muslim is obliged to perform Hajj at least once in his or her lifetime. It is also wajib for him or her to perform ‘Umrah at least once in their lifetime. So, when a Muslim performs ‘Umrah anytime during the year, he is considered to have fulfilled ‘Umrah al-Islam, notwithstanding the month in which it was performed.
The arkan of Hajj: Ihram, wuquf, tawaf al-ziyarah and sa’i.
Acts of Hajj can be classified into three types: Arkan (acts that are pillars), wajibat (mandatory acts) and sunan (supererogatory acts).
“Arkan: This is the plural of rukn (pillar). A rukn is the foundation or pillar of something. (See al-Mutla (p. 88) and al-Misbah al-Munir (p. 324).) Hence the arkan of Hajj are acts that make up Hajj. There is no Hajj without these acts. They are four:
First: “Ihram”: This is the intention to undertake the rites.
Second: “Wuquf: I.e. at ‘Arafah. This is the greatest pillar of Hajj for the Prophet(pbuh) has said, “Hajj is ‘Arafah.” (Reported by Ahmad (4/309, 335), Abu Dawud (1949), al-Tirmidhi (889) and al-Nasal
(5/256) from the narration of Abdul Rahman ibn Ya’mar.)
Third: “Tawaf al-ziyarah’’’: Which is tawaf al-ifadah.
Fourth: “Sa’i”: Between Safa and Marwah.
These are the arkan that must be fulfilled in Hajj. Hajj does not exist without these acts as they are its pillars.
Wajibat-. Ihram at the miqat which he is designated to traverse, wuquf at ‘Arafah until sunset, spending the nights at Mina except those who are al-saqayah and al-ra’ayah, staying at Muzdalifah until midnight, al-rami, shaving the head and wada. The rest o f the acts are sunan.
“Wajibat”: Hajj consists of seven mandatory acts which are mentioned here:
First: “Ihram at the miqat which he is designated to traverse”: Which he traverses with the sole purpose of performing Hajj or ‘Umrah. If he enters into ihram after crossing the miqat, his ihram is valid but he has failed to perform a wajib act of Hajj. Hence, he must offer expiation.
Second: “Wuquf at ‘Arafah until sunset”: This applies to those who make wuquf from the afternoon. It is important to distinguish between wuquf and continuing the wuquf until sunset. Wuquf per se is a rukn while continuing to do so until sunset is a wajib act. A pilgrim who makes wuquf and then leaves Arafah
before sunset has fulfilled the rukn. However, he has not fulfilled the wajib act of staying at Arafah until sunset. Hence, he must pay the dumm penalty.
Third: Spending the nights of tashriq at Mina except those who are al-saqayah and al-ra’ayah.
Fourth: “Except those who are al-saqayah and al-ra’ayah”:
“Al-Saqdyah”: They are those people who provide Zamzam water to the pilgrims by drawing water from the well using buckets. Abbas ibn Abdul Muttalib was in-charge of this activity. They are permitted to forgo spending the nights at Muzdalifah and Mina as they need to be on the move so as to provide water for the pilgrims. Hence, they are pardoned of this wajib act.
“Al-ra’ayah’’: They are the shepherds who herd the pilgrims’ camels. They bring these camels to graze and so are pardoned from spending the nights at Muzdalifah and Mina.
Fifth: “Al-rami ”: i.e. throwing pebbles at the pillars, at Jamrah al-Aqabah.
Sixth: “Shaving the head”: Or shortening the hair. This is wajib for Hajj as we have explained previously.
Seventh: “Wada”: I.e. tawaf al-wada. This is the final wajib act. Once all arkan—ihram, wuquf tawaf and sa’i—and these seven wajibat are completed, he has fulfilled all of the rites of Hajj.
“The rest of the acts are sunan”: All other utterances and deeds performed during Hajj besides these arkan and wajibat are classified as sunan. When he does a Sunnah act, he is rewarded and if he chooses not to do it, there is no blame on him. An example would be his travel to Mina on the day of tarwiyyah and spending the night there. Other examples of sunan of Hajj are: Supplications made at ‘Arafah, chanting the talbiyah after assuming ihram, drinking Zamzam water, offering a two rakat prayer after tawaf and supplications made while performing tawaf and sa’i.
Arkan of ‘Umrah are: Ihram, tawaf and sa’i.
Having elaborated on the arkan and wajibat of Hajj, the author moves on to explaining the arkan of ‘Umrah.
“Arkan of ‘Umrah are: Ihram, tawaf and sa’I”: There are three arkan for ‘Umrah. If he does all three acts, he has completed the arkan of ‘Umrah.
The wajibat are: Shaving the head and ihram from the miqat.
There are two wajibat for ‘Umrah:
First: Shaving the head or shortening the hair.
Second: “Ihram from the miqat”: That is, he must enter into the state of ihram from the miqat if he has the intention to perform ‘Umrah. He may do so from any of the mawaqit (plural for miqat) that the Prophet(pbuh) had demarcated. If his house is nearer to Makkah than the mawaqit, then he may enter into ihram from his house if he intends to perform ‘Umrah. Similarly, he who crosses a miqat without having an intention to perform ‘Umrah but changes his mind later, he may assume ihram at the place where he made the intention to perform ‘Umrah. If, however, he makes the intention while in Makkah, he must go outside the boundaries of the Haram sanctuary and assume ihram.
Whoever leaves off the state of ihram is not considered to have fulfilled the rites. Whoever does not perform another rukn besides it or has not made the intention, his rites are incomplete without it. Whoever fails to do a wajib act must pay the dumm penalty. Whoever misses a Sunnah act, there is no blame on him.
“Whoever leaves off the state of ihram is not considered to have fulfilled the rites”: The author repeats the laws pertaining to arkan and the wajibat of Hajj and ‘Umrah. Whoever leaves off the state of ihram that he assumed for Hajj or ‘Umrah, any act that he performs is not considered a rite. This is because he
has not made the intention to enter into ihram. Therefore, the acts he performs as a pilgrim are worthless if done without assuming ihram.
Whoever does not perform a rukn act of Hajj or Umrah besides ihram—like he who did not make tawaf or sa’i of Hajj or ‘Umrah—then the rites remain incomplete until he performs the act which he missed out on.
However, he who fails to make wuquf at ‘Arafah has nullified his entire Hajj. More explanation regarding this will follow shortly.
“Whoever does not perform another rukn besides it or has not made the intention, his rites are incomplete without it”: If he fails to perform a rukn act besides wuquf— like he who missed out on performing sa’i or tawaf of Hajj or ‘Umrah—then his Hajj remains valid. However, he must perform the tawaf or sa’i even if it is after a period of time. He must return to Makkah and perform tawaf al-ifadah if he had missed performing it or perform tawaf for ‘Umrah if it was this tawaf that he missed out. He must perform sa’i for Hajj or ‘Umrah, whichever he missed performing as he is still considered to be in the state of ihram as long as these arkan are incomplete. He should return to perform tawaf and sa’i for ‘Umrah or Hajj even if he has embarked upon his journey.
Whoever does not perform tawaf or sa’i of Hajj has attained the primary tahallul, as we have discussed earlier. However as complete tahalul is not yet achieved, he must keep away from having sexual relations with his wife. He must return to Makkah to perform tawaf al-ifadah and sa’i between Safa and Marwah provided that he is obliged to do sa’i, due to him performing al-tamattu or he is performing al-qiran or al-ifrad and he had not made sa’i after tawaf al-qudum.
Whoever performed Umrah and missed out on shaving his head or shortening his hair, he must clothe himself in the ihram garb once he realises his omission and proceed to shave his head at any place; be it within Makkah or outside of Makkah.
Whoever performs Hajj and misses out on shaving his head or shortening his hair, he must shave his head or shorten his hair without having to wear the ihram garb. This is because he had attained the primary tahalul earlier. Shaving of the head and shortening of the hair can be carried out at any place and is not confined to the Haram sanctuary.
“Whoever fails to do a wajib act must pay the dumm penalty”: He who does not perform a wajib act, such as he who does not assume the ihram from the miqat point when intending to perform Hajj or ‘Umrah, he who does not stay at ‘Arafah until sunset, he who does not stay the nights at Muzdalifah or Mina without a valid reason, he who failed to perform al-rami in its prescribed time or he who failed to make tawaf al-wada‘, he must remedy the situation by paying the dumm penalty. He does this by slaughtering an animal in Makkah and distributing it to the poor people who live in the Haram sanctuary. If he is unable to do this, he has to fast for ten days.
“Whoever misses a Sunnah act, there is no blame on him”: As for he who fails to do a Sunnah act of Hajj or ‘Umrah, there is no blame on him. This is because Sunnah acts are rewarded when they are performed while there is no retribution if it is not performed. For example, if a pilgrim fails to go to Mina on the day of tarwiyyah or fails to spend the night there on that day, then it is perfectly fine as missing out on a Sunnah act of Hajj is not a sin. Similarly, if he fails to supplicate while making wuquf at ‘Arafah or does not chant the talbiyah, there is no blame on him for not doing these acts.
By Shaykh Salih ibn Fawzan al-Fawzan
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