must be fulfilled in the ensuing year, and so on. Postponing it without valid reason is a grave sin.

Rule 2: When performing pilgrimage becomes obligatory, one must make all the arrangements for the journey to ensure the performance of the ceremonies in time. If there are several groups one could join, by any means of travel, so much so that one is confident to reach in time, it is permissible to join any one of them or take any route; yet it is preferable to choose the one that would definitely get you there in time.

Rule 3: If it was possible for a person to make the journey in the same year, pilgrimage becomes obligatory, even if leaving it to the last minute, in the hope that they would reach in time. However, if the person was not able to get there in time for pilgrimage, the obligation to perform it, most evidently, does not become obligatory on them, even though their delay was excusable.

stay at Muzdalifah, he should complete the pilgrimage; it would be valid as Hajjatul Islam.

Rule 5: A person may perform an optional pilgrimage in the belief that they have not attained puberty. Yet, they discover, during pilgrimage time or after its completion, that they had already attained puberty. Such pilgrimage will counted as an obligatory one.

Rule 6: It is recommended for a discerning child to perform pilgrimage but, as is widely believed, it is conditional on the consent of his guardian.

Rule 7: The consent of parents is not a prerequisite for the validity of a pilgrimage of an adult. However, if the journey to perform a recommended pilgrimage displeases either or both of them, for fear, for example, of the dangers arising from the journey, it is not permitted to embark on it.

Rule 8: It is recommended that the guardian of a child, male or female, who is not capable of rational action, should help him or her assume ihram. That is, help them wear ihram and coach them in the recitation of the talbiyyah, if they are capable of comprehension.

Conversely, he should recite it for them. He must also restrain him from all matters which a pilgrim in a state of ihram must avoid. It is permissible to delay removing the clothes of a child till reaching Fakh if that route is taken. The child must then be instructed to perform all such acts of pilgrimage that he can.

The guardian

p: 3

should perform on his behalf that which he is unable to do. The guardian should make the child perform tawaf, sa'y, between Safa and Marwah, wuquf at Arafat and Mash'ar; rami of jamarat, if they are able; otherwise, the guardian should throw them on his behalf. This is also true of tawaf prayer, taqseer, especially get their head shaved, and the remaining acts.

Rule 9: There is no objection to a guardian assisting a child to wear ihram, although the guardian is not in a state of ihram himself.

Rule 10: It is recommended that the person who takes a child, who is not capable of rational action, on a pilgrimage as his guardian must be the person who has the right of custody of the child as detailed in the law of marriages.

Rule 11: If the expenses of pilgrimage of the child exceed the usual amount, the excess amount should be borne by the guardian and not the child. However. And if the protection of the child was contingent on making the journey for Hajj, or if the journey was in the child's interest, it is permissible to meet the expenses of the child from his own money.

Rule 12: The cost of the sacrifice for the undiscerning child should be borne by the guardian and so should the expiation (kaffarah) for hunting. As for kaffarahs which are attracted as a result of deliberate acts, they would naturally not fall on the child, even

p: 4

if he is a discerning one, or the guardian, nor would they be payable from the child's money.

them to set out for pilgrimage personally. However, they must send an agent to perform it for him.

is more important than performing pilgrimage, or of equal importance.

Rule 15: If performing pilgrimage will result in a sin, either by an omission to do what is obligatory in religion, or the commission of a forbidden act, a sin will have been committed which will have to be answered. Such will remain unconnected with the pilgrimage which will be valid as a Hajjatul Islam, provided that all the other conditions for its validity are observed. There is no difference in this regard whether the pilgrim was already duty-bound to perform pilgrimage or it became obligatory on them in that particular year.

Rule 16: If there is an enemy on the way to pilgrimage and there is no defence against them except by paying of one's property as to be unfair to the pilgrim, it is not necessary to lose the property. Accordingly, the obligation to perform pilgrimage ceases. Otherwise, the obligation remains. Even so, it is not necessary to bribe the enemy to facilitate the opening of the road.

Rule 17: If the route to the pilgrimage sites was by sea alone, the obligation does not cease, except if there was a reasonable risk of drowning, illness, or the like. If, however, pilgrimage was performed despite the risk, it should be deemed valid.

financial position of the pilgrim.

Rule 18: Provision of expenses and transport is not merely to meet the necessities. They are an unqualified condition for the pilgrimage, even if the provision is not required by the pilgrim who, for instance, is capable of making the journey walking without any difficulty, and doing so would not be derogatory to his dignity.

Rule 19: The measure of the expenses for the journey is what the pilgrim physically has with him. It is not obligatory for a person to raise funds to meet the expenses through his business or other sources. There is no difference in this regard between a close and a distant journey.

Rule 20: The starting point of incurring expenses for the journey is the residence of the pilgrim and not his country of origin. For example, if the person had moved to another town for business or other purposes and when they were there, they acquired the means for the journey, it is obligatory on them to perform pilgrimage, even though they would not be in a position to make it from their country.

Rule 21: If a person has property for which they are unable to find a buyer at its real value and, as a result, they have to postpone pilgrimage in order to sell it for its real worth, they are not obliged to sell it immediately.

However, if , for example, in the year they acquired the means to perform pilgrimage, the expenses have already risen, and that they could

p: 8

even be higher the following year, it is not permissible to postpone pilgrimage.

Rule 22: The provision of the expenses for the return journey is a condition for pilgrimage, only if there had intend to return home. If this was not the case and the person had plans to reside in another country, it is enough to have provisions sufficient to get them there.

However, if the country to which they intend to go is more distant than theirs, it is not necessary to have sufficient provisions to get them there, and make the pilgrimage obligatory; they only need to have sufficient funds to enable them to return home, unless they have no alternative but to proceed to the more distant country.

nor is it obligatory to sell their home, personal and household effects, tools of trade needed for livelihood, such as books required by a scholar for study. Generally, disposal of necessities is not necessary, if doing so would cause distress and hardship. However, if there were surplus items at the person's disposal, it is obligatory to sell same in order to provide the expenses for pilgrimage.

For example, if one owns a house of the value of eighty thousand pounds and it is possible to sell it and purchase another one for a lesser price without causing any hardship, it is obligatory to do so and use the extra amount generated for performing pilgrimage and spending on family needs.

Rule 23: If a person has property which they need, it is not obligatory on them to sell it in order to embark on pilgrimage. However, if they subsequently be able to do without it, it becomes obligatory on them to sell it to perform pilgrimage.

For example, a lady who has a piece of jewellery which she needs and cannot do without. Yet if she reaches a point where she is able to dispense with it, either because of old age or otherwise, it is obligatory on her to sell it and perform pilgrimage.

Rule 24: If a person owns a house and there is another house in which it is possible to reside without undue hardship, such as a waqf property, adequate to their needs, it is obligatory to sell the property they

p: 10

own and perform pilgrimage, even if the sale price may need to be supplemented from their other sources of income. This rule also applies to books of learning and other means of living.

Rule 25: If a person has sufficient funds to embark on pilgrimage, but needs to marry, or purchase a house for residence, or satisfy any other need, it is not obligatory on them to perform pilgrimage, provided that bearing the expenses thereof is not going to pose undue difficulty to them.

Rule 26: A person owes some money and they need it for the expenses of pilgrimage or part thereof. Repayment of the debt has already become due. It is, therefore, obligatory on them to demand it. The debtor may forestall settling the debt and the creditor is in a position to force him to force him to pay, even by way of taking him to court. There may be a case for a possible settling the sum against other payments due to the debtor. It is, therefore, obligatory on the creditor to resort to such measures.

Similarly, even if the repayment is not due, a demand should be made, especially, if payment would be forthcoming on demand. However, the debtor may be impoverished or may defer payment; it may not be possible to enforce settling the debt, or resorting to such an action may result in distress; the debt could be premature and the debtor is unwilling to settle it before the appointed term, and it is possible to

p: 11

assign the debt without causing harm or distress. In such cases, one should do so and, from the proceeds, meet the expenses of pilgrimage or supplement them from other sources if need be.

Rule 27: It is obligatory on those making a living of a profession or a vocation like blacksmiths, builders, and carpenters, whose earnings are usually sufficient for maintaining themselves and their family, to perform pilgrimage, should they receive property, by way of inheritance or any other means that would be sufficient to meet the expenditure of pilgrimage and maintenance of their family during their absence.

Rule 28: A person's livelihood may be derived from religious dues like khums and zakat, and such regular income is assured without difficulty. It is obligatory on them to perform pilgrimage, should they acquire sufficient funds for the journey and maintenance of their family. The same rule applies to the person who is in receipt of lifetime help, or the person whose lifestyle is not going to change, if they undertook the journey to pilgrimage.

Rule 29: If a person receives sufficient funds to cover the expenses of pilgrimage by obtaining conditional ownership of property, it is apparent that pilgrimage becomes obligatory on them. That is, if they can prevent the withdrawal of the ownership by selling the article subject of a revocable gift, for example. Otherwise, whether pilgrimage becomes obligatory depends on the decision of the donor or the person vested with the right to exercise the condition which could result in withdrawing the

p: 12

ownership. If such person effects the withdrawal before the completing pilgrimage, it will, evidently, be deemed as though it was not obligatory on them.

Rule 30: It is not necessary that, in order to embark on pilgrimage, the means be acquired from the person's own property. It can be acquired by way of gift, or be provided by another person. However, if the cloths for ihram during tawaf and its prayer were acquired unlawfully, pilgrimage shall not be valid, as a matter of precaution. If the money paid for the hady (sacrifice) was acquired by unlawful means, the pilgrimage is not acceptable, unless it was bought on credit and was settled from the unlawful money.

Rule 31: It is not obligatory that the means be acquired by earning a living or other means. If a gift is made to a person which would provide them with the means for pilgrimage, they are not obliged to accept it. Similarly if a person is offered employment which is compatible with their status and the remuneration thereof would provide them with the means for pilgrimage, they are not under any obligation to accept it. However, if a person renders services during the journey to pilgrimage and thereby acquires the means, performing pilgrimage becomes obligatory.

Rule 32: A person could undertake to perform pilgrimage for another person for a remuneration. Thus, they acquire sufficient means for themselves to perform pilgrimage. However, it was made conditional that they performed pilgrimage for the other person in that year. In

p: 13

such a case, they must do so in that year. If, at the time of pilgrimage in the following year, they still have enough funds to make the journey, it becomes obligatory on them to perform it in the ensuing year. However, if there was no condition that they perform pilgrimage for their mandator in the same year, it becomes obligatory on them to perform it for themselves in that year, unless they are confident that they can do so for themselves in the following year.

Rule 33: If a person borrows money sufficient to cover the expenses of pilgrimage, it does not become obligatory on them even though they would have the means to repay it on return from the journey. However, if the loan is for a very long period for which debtors do not usually provide, it becomes obligatory.

Rule 34: If a person has incurred debts to the value of his entire property, it is not obligatory on them to perform pilgrimage. There is no difference in this respect between prompt and deferred debts, or whether it was incurred prior or subsequent to the acquisition of the means. The exception, though, is when the debt is not repayable for a very long period, for example of fifty years, for which debtors do not usually provide.

Rule 35: If khums or zakah was due on a person and they have funds which would not be sufficient for pilgrimage, and if they settled such dues, it becomes obligatory on them to

p: 14

settle those liabilities. Thus pilgrimage is not obligatory on them. It is immaterial whether the liability is on the funds intended for pilgrimage or on arrears.

Rule 36: If pilgrimage has become obligatory on a person and there is a liability on them of khums or zakah or other obligatory dues, they must first settle those liabilities; it is not permissible for them to embark on pilgrimage without having settled them. If the clothes of ihram and what is paid for the sacrifice are from money bearing such liability, the ruling thereof has been discussed in Rule 30.

Rule 37: If a person has some means, yet they are uncertain whether such will be sufficient to meet the expenses of pilgrimage, they must make ascertain that it will be sufficient, as a matter of precaution

Rule 38: If a person has property sufficient to meet the expenses of the pilgrimage but is not available in cash or would be sufficient if it supplemented the available cash but there is no possibility of spending from the property or to sell it through an agent, then it is not obligatory to proceed on pilgrimage, or else the pilgrimage becomes obligatory.

Rule 39: If a person has sufficient funds to cater for pilgrimage, it is obligatory on them to perform it if they are able to travel. If they dispose of the funds in such a way that they can no longer be described as having adequate means, and thus unable to accomplish pilgrimage, it remains an

p: 15

obligation on him, provided they are certain that they could embark on the journey in good time. However, in the case of disposing of a property for a low price, or by way of gift, without due consideration, the transaction itself is sound, but they in error for missing the opportunity of having the means that would have enabled them to perform pilgrimage.

Rule 40: It is apparent that it is not necessary for the pilgrim to own the means of the expenditure. If he has funds at his disposal, performing pilgrimage becomes obligatory on him, provided that such funds are adequate for the journey, and that the other conditions for pilgrimage are satisfied. However, he should not set out on the journey, unless he was certain that the right of disposing with the funds is binding, or that he was certain that such right is not going to be withdrawn from him.

Rule 41: Just as it is necessary that there should be sufficient means to make the journey, so is it that there should be funds available for the completion of pilgrimage rituals. If the property of a person is destroyed in his country or during the journey, pilgrimage is not obligatory on them, as it is a manifestation that they are not financially able from the beginning. The same applies to the payment of a debt that becomes due, such as for, inadvertently, destroying the property of another person, and that it would not be possible to compensate the

p: 16

victim if the available funds were to be used for performing pilgrimage.

However, if a person deliberately destroys the property of another, the obligation to perform pilgrimage is not annulled. It remains a duty on their shoulders to be discharged. If they had a property which rendered them of those who have the means, and it was destroyed in their country, this will not be considered as a manifestation that they are not of means from the out set. The pilgrimage they performed will, therefore, count as an obligatory one..

Rule 42: A person who has enough means was unaware of such fact; they may not be aware that it was obligatory on them to perform. Yet they realized that after the money had been disposed of, in that they were no longer able to perform pilgrimage. If they had a reasonable excuse for their ignorance or unawareness, pilgrimage is not obligatory on them. Otherwise, it is apparent that it is, provided that the other conditions of pilgrimage are met.

Rule 43: Means sufficient for pilgrimage are established not only by their acquisition, but also if a sufficient amount is given away by way of gift to a person. It matters not in this regard whether the gift is from one person or a group of people, provided that it is adequate in total for the expenses of pilgrimage and maintaining the family. There is no difference in this respect between the donor making the property lawful for use, or

p: 17

settling it for the pilgrimage, and between making an outright gift of property or a provision to meet the expenses.

Rule 44: If a person inherits property, designated to be spent for obligatory pilgrimage, it is mandatory on them to do so after the death of the testator, provided that the bequest is sufficient for the expenses of pilgrimage and maintaining the family, as explained in the preceding Rule. Similarly, if a person creates a waqf, makes a nadhr (vow), or a bequest for performing pilgrimage and the trustee, the person fulfilling the nadhr, or the executor makes the funds available to the beneficiary to perform an obligatory pilgrimage, it is mandatory on them to do so.

Rule 45: It is not obligatory, for a person who acquires the means to perform pilgrimage by way of a gift, to be able to return from the journey still enjoying a healthy financial situation. However, if they worked during pilgrimage time and the earnings made thereof provide for their expenses for the entire year or part thereof, to the extent that they would not be able to meet the expenses necessary for their livelihood - should they accept the gift and depart for pilgrimage - they are not obliged to accept it, only if the gift covers their expenses.

If, however, the person has some means, which was subsidized by way of gift, to enable them to embark on pilgrimage, it is apparent that the criterion 'of means' - according to the definition

p: 18

discussed earlier - should be applied, in that performing pilgrimage becomes obligatory.

Rule 46: If a person makes a gift to another so that the latter makes the journey to perform an obligatory pilgrimage, it is incumbent on the recipient to accept the gift. However, if the donor gives the recipient the option of performing an obligatory pilgrimage or not, or makes the gift without mentioning the obligatory pilgrimage, expressly or implicitly, the recipient shall not be bound to accept the gift.

Rule 47: The existence of a debt is not incompatible with having sufficient means acquired by way of a gift. However, if embarking on pilgrimage was contrary to settling the debt on time, be it prompt or on a later date, it is not obligatory to perform pilgrimage.

Rule 48: If a person donates property to a group of people so that one of them could perform pilgrimage and one of them comes forward to accept the gift, the remaining ones are absolved of the obligation. However, if all of them shun the proposed gift with the knowledge that any one of them could have taken possession of it, it is apparent that the obligation to perform pilgrimage is not binding on any one of them.

Rule 49: It is not obligatory to accept a gift to make an obligatory pilgrimage unless it can meet the expenses of the journey. If the payment is for Hajj-ut-Tamatu'' but the gift is for Hajj-ul-Qiraan or Hajj-ul-Ifraad, it is not incumbent

p: 19

on the would-be recipient to accept it and vice versa. Similar is the position if the gift is for an obligatory pilgrimage and the beneficiary has already performed obligatory pilgrimage.

However, if he did not perform it when it was obligatory on him and his circumstances changed, in that he was offered a gift to perform an obligatory pilgrimage, he is duty-bound to accept the gift. Likewise, if there was a liability on him to perform a pilgrimage to fulfil a nadhr or like, but did not have the means to do so and was offered the gift to perform an obligatory pilgrimage, it is mandatory on him to accept it.

Rule 50: If a gift is made to a person to cover the expenditure of performing an obligatory pilgrimage and it gets destroyed on the way to pilgrimage, the obligation lapses. However, if it is possible to continue with the journey with his own sources, it is obligatory on him to perform the pilgrimage which will be counted as part of Hajjatul Islam. The obligation, though, is conditional on the fulfilment of the criterion of 'being of means' right from the out bound journey.

Rule 51: If a person authorises another to obtain a loan to go to pilgrimage, it is not obligatory on the latter to seek one. However, if the would-be pilgrim received such a loan, it becomes obligatory on him to perform pilgrimage.

Rule 52: Apparently, the cost of the sacrifice should be borne by the

p: 20

donor. Yet, there is ishkal (problem) in deciding whether it is obligatory on the recipient to perform the pilgrimage, if the donor does not pay for it, yet bearing the remainder of the expenses. The only exception can be if the beneficiary can afford to pay the price of the sacrifice with his own money.

However, if the purchase of the sacrificial animal by the beneficiary would cause him undue hardship, it is not obligatory to accept the gift. Obviously, any kaffarah that may be incurred in the course of pilgrimage is the exclusive responsibility of the beneficiary.

Rule 53: An obligatory pilgrimage performed with a gift given to the pilgrim is valid to constitute Hajjatul Islam and even if he acquires the means thereafter, he is not obliged to perform pilgrimage again.

Rule 54: It is possible for a donor to withdraw his gift before or after the beneficiary assumes ihram. However, if the donor withdraws it after the beneficiary enters into the state of ihram, it is ,most evidently, obligatory on the beneficiary to complete the pilgrimage, only without undue hardship; that is, even though he actually did not have the means. The donor should reimburse him with the expenses incurred.

And if the donor withdraws the gift while the beneficiary is en route to pilgrimage, he is responsible for bearing the expenses of the return journey.

Rule 55: If Zakah money, out of the portion of Sabeellilah (the way of Allah), is given to a person, that the public interest be served,

p: 21

and the Mujtahid permits it, it shall, as a matter of precaution, be mandatory on the recipient to go to pilgrimage. If he was given the money from the share of Sadaat (descendants of the Prophet 's.a.w.') or Zakah money from the share of the poor, on the condition that he should spend it on an obligatory pilgrimage, the condition is invalid, as it does not constitute availability of funds (istita'a) by way of gift..

Rule 56: If a person is given a gift to perform Hajjatul Islam and it later becomes known to him that it was unlawfully obtained by the donor, the pilgrimage is not valid and the real owner is entitled to reclaim it from the donor or the beneficiary. If he claims it from the beneficiary and the latter was unaware as to the true ownership, he should revert to the donor; otherwise, he has no right to revert to him.

Rule 57: If a person, who does not satisfy the criterion of “availability of funds”, performs an optional pilgrimage for himself or for another person, either gratuitously or for a reward, it shall not count as a Hajjatul Islam; it is, therefore, incumbent on him to perform it when he acquires the means.

Rule 58: If a person believes that he does not have the means for pilgrimage to be obligatory on him but performs it in obedience to the command of Allah intending it to be accepted and later

p: 22

learns that he was of means, his pilgrimage shall count as a valid one, i.e. there will be no need for a second pilgrimage.

Rule 59: If a married woman can afford the journey to perform Hajjatul Islam, she does not need to obtain the consent of her husband. By the same token, it is not permissible for the husband to prevent her from performing other types of obligatory pilgrimage. However, he can prevent her from leaving sooner than necessary, if there is sufficient time for pilgrimage. The same rule applies to a lady who has been granted a revocable divorce, if she is in iddah (waiting period).

Rule 60: It is not a condition for a lady, performing an obligatory pilgrimage, to be accompanied by a male, among her mahaarim, provided her safety is secured. If not, she must be accompanied by a trusted male even for a fee, should she afford it. Otherwise, pilgrimage is not obligatory on her.

Rule 61: If , for example, a person makes a nadhr to visit the shrine of Imam Hussain (a.s.) each year on the day of Arafat and subsequently acquires the means to make the journey to pilgrimage, the nadhr lapses and he must perform the obligatory pilgrimage. This rule applies to every other vow that may hinder one from performing obligatory pilgrimage.

Rule 62: A person of means must perform obligatory pilgrimage personally, if it is possible for him to do so. Someone else performing it for him, gratuitously or for

p: 23

payment, cannot be considered as a recompense.

Rule 63: If a person is liable to perform an obligatory pilgrimage but is unable to do so on health grounds, senility, infirmity, and other constraints, or performing it would cause him undue difficulty - beside the fact that there is no hope he would be able to perform it himself without pain - it is obligatory on him to appoint someone to perform it on his behalf. Such is the rule if he is wealthy, yet unable to embark on pilgrimage personally, or that to do so would cause him great difficulty. Once it becomes obligatory to appoint another person to perform pilgrimage for him, it must be done immediately, just as performing pilgrimage itself must not be delayed.

Rule 64: If a person sets out on a pilgrimage as on behalf of another who cannot do it himself for ill health and the mandator dies while the agent is performing the pilgrimage, the pilgrimage of the agent will be valid, although the pilgrimage had become obligatory on the mandator. If, per chance, the illness ceases before death, it is preferable that the pilgrimage be performed personally, as a matter of precaution. If the illness ceases after the agent has assumed ihram, it is obligatory on the mandator to perform the pilgrimage himself even though the agent must complete the ceremonies, as a matter of precaution.

Rule 65: If it is not possible for a person with a valid

p: 24

reason, preventing him from making the journey to pilgrimage, to appoint an agent to perform it on his behalf, the obligation to perform the pilgrimage lapses. However, if the pilgrimage had become obligatory on him, it is mandatory to have it performed after his death. Moreover, if it was possible to appoint an agent and he did not do so until his death, it is obligatory to have the pilgrimage performed after his death.

Rule 66: If it becomes obligatory to appoint an agent but one does not, the gratuitous performance, by another person, of a pilgrimage on his behalf does not discharge the obligation; it remains obligatory on him to send an agent, as a matter of precaution.

Rule 67: It is sufficient to appoint an agent from the Meqat; it is not necessary that he be sent from the home country.

Rule 68: If the pilgrimage becomes obligatory on a person and he dies after wearing ihram in Haram (the precinct of the Grand Mosque, Ka'ba) he will be deemed to have accomplished his pilgrimage. If he dies in the course of Umrat-ut-Tamatu', he will be treated likewise i.e. there is no obligation to have it performed after his death.

However, if he dies before entering the Haram, it is obligatory to have the pilgrimage performed again in lieu qadha, even if the death occurs after his having worn ihram but before entry into the Haram, or even after the entry, if he did so without

p: 25

ihram. This rule is confined to Hajjatul Islam and does not apply to other types of pilgrimage which have become obligatory, by virtue of, for example, a vow or for deliberately invalidating an obligatory pilgrimage (ifsad). Nor has it any application to Umrat-ul-Mufradah.

Whoever dies after wearing ihram in the Haram, as is required for performing pilgrimage, there is no doubt that he will be deemed to have performed Hajjatul Islam. If, however, he dies before then, it is clear that pilgrimage would have to be performed again for him by way of qadha.

Rule 69: It is obligatory on a non-believer, who has the means, to perform a pilgrimage, even though it will not be accepted from him so long as he remains a non-believer. However, if he loses the means before he converts to Islam, pilgrimage is not obligatory on him.

Rule 70: Pilgrimage is obligatory on a Muslim who becomes apostate, but its performance, in apostasy, is not in order. However, if he repents, it becomes valid, albeit the apostasy is innate, as a matter of preferred judgement (alal aqwa).

Rule 71: If a non-Shia Muslim performs an obligatory pilgrimage and then becomes a Shia, it is not obligatory on him to perform pilgrimage afresh. This being so, provided he had performed it in accordance with the rules of the faith he then held, or it was performed in accordance with our faith, and closeness to Allah in performing pilgrimage was paramount in his mind.

p: 26

Rule 72: If pilgrimage becomes obligatory on a person, but he deliberately delayed performing it, so much so that he can no longer afford the journey, it is obligatory on him to perform it by any means possible. However, if he dies, pilgrimage has to be performed by way of qadha, from his estate. Should someone performs it for him gratuitously, after his death, it is in order.

pilgrimage but leaves a deposit with a person who fears that if he gave it back to the heirs, they will not have the obligatory pilgrimage performed on behalf of the deceased, it is obligatory on that person to perform pilgrimage himself, or by an agent and pay the heirs only the balance, if any, after meeting the expenses. However, this is not free from ishkal, i.e. arguable or problematic.

Rule 75: A person may die without having performed obligatory pilgrimage; they may leave debts and liability of khums and zakah; their estate is not sufficient to discharge all these obligations.

If the funds for such religious dues payable on the property were available, they must first be settled. If the deceased was indebted with same, pilgrimage will take precedence over their settlement; however, the settlement of debts takes precedence over pilgrimage.

Rule 76: If a person dies without having performed obligatory pilgrimage, it is not permissible for the heirs to have a free hand in his estate, without first meeting the expenses of the pilgrimage, irrespective of whether or not the estate is sufficient to meet the expenses. However, there is no objection to transactions made after provision has been made for the expenses of pilgrimage.

Rule 77: If a person dies without having performed obligatory pilgrimage and his estate is not sufficient to meet the expenses of having it performed, the available assets must be used to repay the debts, and khums and zakah; the balance should be distributed among the heirs.

p: 28

It is not obligatory on the heirs to supplement the expenses of pilgrimage from their personal property.

Rule 78: If a person dies without having performed obligatory pilgrimage, it is not necessary to pay for the expenses of the pilgrimage from the country of residence of the deceased.

It is sufficient to pay from the Meqat. Indeed, it is sufficient to appoint an agent from the Meqat with the most reasonable cost. As a matter of preferential precaution (al ahwatil awla), if the estate is large, it is better to pay for the expenses from the country of the deceased. If the estate is very large and the heirs are absolutely determined to have the pilgrimage performed, expenditure from the estate is permissible.

This is also the rule in respect of the debts of the deceased. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost.

Rule 79: If a person dies without having performed obligatory pilgrimage, it, as a matter of precaution (al ahwat), is mandatory to have it performed in the same year the person died. If it is not possible to hire an agent from the Meqat in that year, it is, as a matter of precaution, obligatory to send an agent from the country of the deceased and defray his expenses from the gross estate.

It is not permissible to delay it to the succeeding year, even if it

p: 29

is known that in the following year, it will be possible to engage an agent from the Meqat. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share from the young heirs must not be used to meet the cost.

Rule 80: If a person dies without having performed obligatory pilgrimage and it is not possible to obtain an agent at a reasonable fee, it is, as a matter of precaution, obligatory to appoint one, even at a higher rate and defray the expenses from the gross estate. It is not permissible for the heirs to postpone the pilgrimage to the following year, even if some of them are young.

However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost.

Rule 81: If any one among the heirs admits that there was an obligation on the deceased to perform pilgrimage, it is not obligatory on those who think so to have the pilgrimage performed, except to the tune of their shares of inheritance.

However, if the shares of those who consider so are not adequate to meet the expenses of the pilgrimage, it is not obligatory on them to meet the shortfall from their personal properties. If a donor comes forward to make up the shortfall, or it is met in any other way, deputizing someone to perform Hajj for the deceased

p: 30

becomes obligatory.

Rule 82: If a person dies without having performed obligatory pilgrimage, and a person volunteers to perform it on his behalf gratuitously, the heirs will no longer be required to have one performed themselves. The same applies in the event of the deceased instructing that pilgrimage be performed from his bequeathable one-third.

However, in both the cases the cost that would have been incurred on pilgrimage should not revert to the heirs, but be disposed of in good causes closest to the deceased's heart.

Rule 83: If a person dies without having performed obligatory pilgrimage but directs in his will that an agent be appointed from his town to perform one, it is obligatory to do so. However, the extra amount of remuneration, over what would have been paid if the agent was appointed from the Meqat, should be met from the bequeathable one-third of the estate.

If, in the will, he directs that pilgrimage be performed without specifying the starting point, it is sufficient to appoint an agent from the Meqat, unless there was an expressed that the agent be appointed from his town, for example, by designating a sum for pilgrimage which would adequate as a fee for the agent from the town.

Rule 84: If a person directs in his will that, in the event of his death, the agent, who is going to perform pilgrimage for him, be appointed from his town, and if the executor or heir appointed one from the Meqat, the appointment is invalid; This is

p: 31

so only if the remuneration be paid from the estate of the deceased. However, the obligation of the deceased will be discharged by the performance of the agent.

Rule 85: If the will of the deceased stipulates that an agent be appointed to perform pilgrimage from another town or country, it is obligatory to act on it and the expenses in excess of what would have been paid to an agent appointed from the Meqat will be met from the bequeathable one-third of the estate.

Rule 86: If the will of the deceased stipulates that an agent be appointed to perform an obligatory pilgrimage on his behalf for a given wage, it is obligatory to act upon it. The remuneration should be paid from the gross estate, if it does not exceed what is commonly held as acceptable. However, if it does, the excess must be settled from the one-third bequeathable portion.

Rule 87: If the will of the deceased stipulates that pilgrimage be performed on his behalf from an identified property, and it is in the knowledge of the executor that there is a liability of khums or zakah on the property, these must first be paid from it.

The balance should then be used to meet the expenses of pilgrimage; if it is not sufficient, the shortfall must be met from the gross estate, should the obligation of the deceased be for Hajjatul Islam, otherwise the balance must be spent in good causes of the kind in which the deceased would have

p: 32

wished to donate.

Rule 88: If it becomes obligatory to appoint an agent to perform pilgrimage on behalf of a deceased, with or without a will, and the person charged with executing the obligation delays the appointment of the agent, so much so that the property, from which the expenses would have been paid, was damaged, he is personally responsible to employ an agent from his personal property.

Rule 89: If it was known that pilgrimage had become obligatory on the deceased, but it is doubtful if he had performed it, it is obligatory to have it performed for him and its expenses be met from the gross estate.

Rule 90: The obligation of the deceased would not be discharged by the mere appointment of an agent to perform a pilgrimage on his behalf. If it becomes known that the agent did not perform the pilgrimage for a good reason or not, it is obligatory to appoint another agent and meet the expenses from the gross estate.

If it was, at all, possible to recover the sum from the first agent, it is obligatory to do so, in the event that the money was paid from the estate of the deceased.

Rule 91: If there were numerous agents available, the one who should be chosen must be on the basis of the deceased stature. Accordingly, it is permissible to pay a higher remuneration. Evidently, that is so, even though the wage will be paid from the third allotted to the deceased, and that there was

p: 33

a minor among the heirs, who did not agree to that.

However, hiring an agent could prove problematic (mushkil), if it encroaches upon discharging other financial obligations the deceased stipulated in his will to be met, such as debt and zakah.

Rule 92: Whether the appointment of the agent is obligatory from the country of the deceased or Meqat is determined by the `mujtahid' followed by the heir or the heir's `ijtihad' and not that of the deceased. If the faith of the deceased was that it was obligatory to appoint an agent from his country, and that of the heir is that it is permissible to appoint one from the Meqat, it is not obligatory on the heir to appoint one from the country of the deceased.

Rule 93: If the pilgrimage had become obligatory on a deceased person who does not leave any estate, it is not obligatory on the heir to appoint an agent; however, it is meritorious, especially for his relatives, to do so.

Rule 94: If the will of the deceased stipulates that an obligatory pilgrimage be performed on his behalf, and it becomes known that it was Hajjatul Islam, the expenses incurred must be paid from the gross estate, unless he has expressly directed that the expenses be settled from his bequeathable one-third. If it becomes known to the person so directed that pilgrimage was other than Hajjatul Islam, or if there is doubt, the expenses must be paid from the one-third.

Rule 95: If the will of the

p: 34

deceased stipulates that an obligatory pilgrimage be performed on his behalf by a particular person, it is obligatory to comply with the instruction. If the nominated person does not accept the appointment except for a higher than the usual remuneration, the excess must be paid from the one-third portion of the estate, if the pilgrimage was Hajjatul Islam.

Rule 96: If the will stipulates that pilgrimage be performed for him for a particular sum to be paid to an agent, and the designated sum is such that it attracts no one, and if the obligation of the deceased was for Hajjatul Islam, it is obligatory to make up the difference from the gross estate.

If it was not for Hajjatul Islam, the sum earmarked for remuneration must be used for a good cause of the kind in which the deceased would have wished to donate. Otherwise, the stipulation lapses and the intended amount reverts to the estate

Rule 97: If a person sells his house for a sum of money and makes it conditional on the buyer that he should spend it in the performance of an obligatory pilgrimage after his death, upon his death the amount in question will form part of his estate. If the pilgrimage to be performed was Hajjatul Islam, the condition becomes operative and it is obligatory to spend the sum on the remuneration for the pilgrimage, provided it does not exceed the usual remuneration. If it does, the deficit will be met from the one-third of the

p: 35

estate.

If pilgrimage was not that of Hajjatul Islam, the condition will still be sound and the whole remuneration will be paid from the one-third. If that share is insufficient, the condition shall no longer be operative insofar as the shortfall is concerned.

Rule 98: If a person donates, for example, his house to another on the condition that he performs a pilgrimage on his behalf after his death, the condition is valid and operative. It ceases to be the property of the donor and will not form part of his estate after his death, even if the pilgrimage is optional; the testamentary rules will not apply.

The same rule applies to a transaction in which the owner of the house passes ownership to another so that after his death the latter can sell the property and spend the proceeds to have a pilgrimage performed for him. In such a case, the condition is valid and operative, even if the pilgrimage is optional; the heirs will have no right in the property. If the recipient fails to fulfil the condition, the right in the property does not shift to the heirs, but to the executor or the Marji', and if he nullifies the transaction, the property reverts to the estate of the deceased.

Rule 99: If an executor dies and it is not known whether he appointed an agent before his death, it is obligatory to appoint one from the estate if the pilgrimage is Hajjatul Islam, and from the one-third share, if it

p: 36

is not.

If, however, the executor had taken possession of a property to expend on the pilgrimage and it is available, it should be repossessed. If there is a doubt that the executor paid the agent from his property and then reimbursed himself from the property of the deceased and such property is not available, the executor is not responsible as there would be doubt that it may have been lost without being negligent.

Rule 100: If the property was lost while in the possession of the executor without negligence on his part, he shall not be held responsible to compensate it. An agent must be appointed from the remainder of the estate if the pilgrimage is Hajjatul Islam and from the one-third portion, if not. If the remainder had already been distributed among the heirs, a sum sufficient for the remuneration of the agent should be recovered from them proportionately.

The same rule applies if a person is appointed an agent and dies before performing pilgrimage without leaving any estate, or if it is not possible to recover it from his estate.

Rule 101: If the property is lost in the hands of the executor before the appointment of an agent and it is not known if it was lost due to the negligence of the executor, it is not permissible to exact compensation from the executor.

Rule 102: If the will stipulates that a certain amount be spent on a pilgrimage other than Hajjatul Islam and there is doubt that it is in

p: 37

excess of the bequeathable one-third, it is not permissible to spend the whole of the amount without the consent of the heirs.

will be discharged. However, the agent will not be entitled to the stipulated remuneration, but only to the usual amount.

Rule 104: It is not necessary that the agent be judicious (adil). However, he must be reliable insofar as performing pilgrimage is concerned.

Rule 105: The principal's obligation will be met only upon the proper completion of the pilgrimage by the agent. It follows that the agent must be conversant with the procedure of pilgrimage and its rules, albeit through coaching in every rite. When a doubt arises about his performing the rituals, he can ignore it.

Rule 106: There is no objection to the appointment of an agent for a discerning youth or an insane person. Indeed, an agent must be appointed if the pilgrimage became obligatory on a person of unsound mind during his period of sanity but died insane.

Rule 107: There is no requirement that the principal and agent be homogeneous. The appointment of a male agent for a female principal and vice versa is valid.

Rule 108: There is no objection to appointing, as agent, a person who has not been to pilgrimage before, irrespective of whether or not the principal had been on pilgrimage before. The gender of the agent or the principal does not matter. Some scholars say that it is discouraged (makrouh) to appoint, as agent, a person who has not been on pilgrimage before, but this is not proved.

However, in the case of a principal who is alive but has not been able to perform Hajjatul

p: 39

Islam or had a pilgrimage to perform, but died before performing it, it is preferable to appoint, as agent, a person who has not been on pilgrimage before.

Rule 109: It is necessary that the principal must be Muslim. Thus, acting as agent for an infidel is invalid, even if the infidel has died while still enjoying some wealth. If his heir is a Muslim, it is not obligatory on him to appoint an agent to perform an obligatory pilgrimage for the deceased.

As for an enemy of Ahlul Bait (the Household of the Prophet 's.a.w.'), acting as agent for him, it is not in order, except that it is permissible for a son of such a person himself to perform an obligatory pilgrimage for his father; for the other relatives there is ishkal (problem). However, there is no harm in performing pilgrimage and dedicating its reward (thawab) to a relative.

Rule 110: There is no objection to appointing an agent to perform an optional pilgrimage for a living person, whether gratuitously or for reward. The same goes for an obligatory pilgrimage for a person who is unable to do it personally for a valid reason. Performing pilgrimage by proxy on behalf of a living person is not permissible, apart from these two cases. An appointment of an agent for a dead person is always valid, whether gratuitous or for reward and whether for an obligatory or an optional pilgrimage.

Rule 111: It is necessary for the validity of the agency that the intent

p: 40

must be to perform pilgrimage for the principal, who should be known through any means of identification. Although it is not necessary that his name be uttered, it is recommended that the principal be remembered in all the ceremonies.

Rule 112: Just as performing an obligatory pilgrimage is valid, whether it is gratuitous or by permission, so is it valid if it is for reward or in fulfilment of a condition of contract.

Rule 113: Apparently (adh'dhahir), the agent must act as if the pilgrimage is for himself with regard to the rules on incapacity, i.e. as though they would have applied to him in his own pilgrimage. Also, the rules relating to the order of the ceremonies must be observed.

However, in the final analysis, a pilgrimage can be valid in one case but not in the other. For example, if the incapacity occurs during the stay at Arafat, he can choose the emergency stay; thus, the pilgrimage be valid and the principal acquitted from the responsibility. However, if he was unable to remain in Arafat for either the normal or the emergency stay, his pilgrimage is invalid.

It is not permissible to employ a person who knows he will be unable to perform the optional rituals, as a matter of precaution (ihtiyat). Indeed, there is ishkal (problem) in accepting as correct the performance of rituals of an unpaid volunteer agent. However, there is no objection to engaging a person who knows that he will move under a shade or will omit ceremonies

p: 41

which would not invalidate the pilgrimage, even though the omission was deliberate, like Tawafun Nisa, or staying in Mina for the evenings of 11th or 12th.

Rule 114: If the agent dies before wearing ihram , the pilgrimage is not valid for the principal and it is obligatory to appoint another agent to perform the pilgrimage again. If the agent dies after wearing ihram, the pilgrimage will be valid and it is clearly so if he dies after wearing ihram in the precincts of the Holy Mosque, as a matter of precaution. There is no difference in this regard between Hajjatul Islam and other types of pilgrimage, in the case of a paid agent; as for an unpaid volunteer one, judging the validity of pilgrimage so performed is not free from ishkal.

Rule 115: If the agent dies after wearing ihram and entering the Holy Mosque, he is entitled to his full remuneration if his appointment was to have the deceased absolved from his obligation.However, if his appointment was to perform certain ceremonies, he will be entitled to so much of the agreed remuneration as would be commensurate with the ceremonies performed by him.

If he died before wearing ihram, he would not be entitled to anything. However, if the part relating to preliminaries is included in the agreement of the agency, he would be entitled to an amount proportionate to the tasks performed by him.

Rule 116: If the appointment was from the country of the principal but the route to be taken

p: 42

by him to Makkah was not specified, the agent is free to choose the route. However, if the route has been laid out in the agreement, it is not permissible to disregard it. If the agent uses another one, completes the ceremonies, then and if the provision of the route in the agreement of agency was only as a condition, and not a specific term of the agreement, the agent is entitled to his full remuneration.

The other party is entitled to repudiate the agreement for breach of the condition, in which event the agent will be able to recover only the usual remuneration paid for the pilgrimage and not the agreed wage. If the specified route was a term of the agreement, the other party can again repudiate it. If it is repudiated, the agent is entitled to the usual remuneration for the parts of the agreement he performed, but not for the route he took; the parts he did not comply with will be ignored. If it is not repudiated, the agent is entitled to the agreed remuneration.

Rule 117: If a person agrees to become an agent for a person to perform an obligatory pilgrimage in a specified year, and then agrees with another to perform an obligatory pilgrimage on his behalf in the same year, the second agreement is invalid. The two agencies would be valid if they are taken out in respect of different years, or if one or both of them were not to be performed

p: 43

immediately.

Rule 118: If a person agrees to perform a pilgrimage as an agent in a specified year, it is not permissible for him to do so in an earlier or subsequent year than that specified. He can do so only with the consent of the principal who will be acquitted, of the obligation, by the performance in the different year. The agent will not be entitled to claim his remuneration, if he hastened or delayed the pilgrimage without the consent of the person who appointed him.

Rule 119: If an agent is prevented or blocked from performing the ceremonies, the same rules apply to him as would have applied to the principal if he had been performing the pilgrimage personally. These rules will be set out below. If the agency agreement was confined to that year, it becomes annulled. If it was not, the liability to perform it remains on his shoulders, and the principal can repudiate it, if there was a condition that the pilgrimage be performed in that year.

Rule 120: If the agent commits an act which attracts a kaffarah, he must pay for it from his own property, regardless of whether the agency is gratuitous or for a reward.

Rule 121: If the remuneration for pilgrimage is a fixed sum which proved insufficient for the expenses, it is not obligatory on the principal to meet the shortfall. Likewise, if the remuneration proved in excess, the agent would not be obliged to refund the excess.

Rule 122: If a person is

p: 44

appointed agent to perform an obligatory or an optional pilgrimage but vitiates it by having sex before reaching Mash'ar, it is obligatory on him to complete the pilgrimage, which will be valid insofar as the principal is concerned.

It is obligatory on the agent to perform an obligatory pilgrimage in the ensuing year and pay a penalty. However, it is obvious (adh'dhahir) that he is entitled to his remuneration. If he does not perform the pilgrimage in the ensuing year, for good reason or without it, the rule still applies, requiring him to perform the pilgrimage at his own expense.

Rule 123: Although according to the agreement, the remuneration becomes the property of the agent, it is not obligatory to make payment to him until he has completed the pilgrimage unless there was express agreement for earlier payment. It is clear that the agent can stipulate that the remuneration be paid before the pilgrimage, for generally it is not usual that an agent should proceed on the pilgrimage and undertake all the ceremonies without having received the remuneration.

Rule 124: If a person is appointed agent for pilgrimage, he cannot subcontract it to another person without the consent of the party who appointed him. However, should the hire be in return for a debt, and no date was appointed to start pilgrimage, the principal is free to hire another person.

Rule 125: If a person is appointed an agent to perform Hajj-ut-Tamatu' in good time but, per chance, the time became short and the

p: 45

agent changed Hajj-ut-Tamatu' into Hajj-ul-Ifraad, and after completing it performs the Umrat-ul-Mufradah, the obligation of the principal will be discharged.

However, the agent will not be entitled to his remuneration, if his appointment was conditional on performing the ceremonies. If, on the other hand, it was conditional on the obligation of the deceased being discharged, he will be entitled to the remuneration.

Rule 126: If the pilgrimage is optional, there is no objection to the agent performing it on behalf of a number of people. With regard to obligatory pilgrimages, an agent can perform it on behalf of one person only, except if the pilgrimage has become obligatory on two or more persons jointly.

For example, if two persons make a vow that they will together with a third jointly contribute towards the remuneration of an agent to perform a pilgrimage, it is permissible for them to appoint one agent on their behalf.

Rule 127: If the pilgrimage is optional, there is no objection to a number of people becoming agents in one year on behalf of one person, living or dead, gratuitously or for reward. The same rule applies to obligatory pilgrimages, if they are many. For example, there may be two pilgrimages obligatory on a person, living or dead, in respect of two vows, or one of them may be Hajjatul Islam and the other obligatory by reason of a vow. In such circumstances, it is permissible to appoint two agents, each to perform one of them.

Similarly, it is permissible to appoint

p: 46

two agents, one of them in respect of an obligatory pilgrimage and the other an optional one. It is not far from correct to say that two persons can be appointed agents for the same obligatory pilgrimage like Hajjatul Islam, as a matter of precaution, in the fear that the pilgrimage of one of them may be spoiled.

Rule 128: tawaf is a recommended act of worship in itself. It is, therefore, permissible to appoint an agent to do it on behalf of a deceased and also a living person who is away from Makkah, or in it, but was unable to perform it himself immediately.

Rule 129: There is no objection to an agent, on completion of the pilgrimage for which he was appointed, performing an Umrat-ul-Mufradah for himself or another person. Likewise, he can then make tawaf for himself or another person.

him, even if he has the means to perform it, although, as a matter of precaution, it is better to do so.

Rule 137: It is mustahab to perform umrat-ul- mufradah in every month of the year. However, observing a gap of thirty days between every two such optional pilgrimages is not a must. That is, you can perform Umrah in the end of one month, and another at the beginning of another month.

It is not permissible to perform two such optional pilgrimages in the same month. There is no objection to a person performing two optional pilgrimages, one for himself or another person and the other in the hope that it will gain him thawab; or one for himself and the other for another person, or both of them for another person, or if one is Mufradah and the other Tamatu''.

So if a person has performed Umrat-ul-Mufradah, it is permissible for him to perform Umrat-ut-Tamatu'' consecutively in the same month. Similar too is the rule on performing an Umrat-ul-Mufradah on completion of an obligatory pilgrimage. However, it is not permissible to perform an optional pilgrimage between Umrat-ut-Tamatu' and obligatory pilgrimage.

However, if he stayed in Makkah until the day of tarwiyah, intending to perform pilgrimage, Umrat-ul-Mufradah will his Tamatu'; he should then perform Hajj-ut-Tamatu' thereafter.

Rule 138: Just as the optional pilgrimage becomes obligatory to perform on attainment of means, so does it become obligatory to fulfil a vow, oath, promise etc.,.

Rule 139: The rituals involved in the two optional pilgrimages, Mufradah

p: 48

and Tamatu'' can be the same, and this will be discussed late, as well as vary, such as:

1. in Umrat-ul-Mufradah, it is obligatory to perform Tawafun Nisa but it is not obligatory in Umrat-ut-Tamatu';

2. Umrat-ut-Tamatu' can only be performed during the season of obligatory pilgrimage, namely, Shawwal, Thil Qa'dah and Thil Hijjah, whereas it is permissible to perform the Umrat-ul-Mufradah during all the months of the year, preferably in Rajab;

3. in Umrat-ut-Tamatu', the ihram can be removed only after Taqseer, while in Umrat-ul-Mufradah it can be removed after taqseer or shaving the head, and the latter is better;

4. it is obligatory to perform Umrat-ut-Tamatu' and obligatory pilgrimage in the same year, but that is not the rule for Umrat-ul-Mufradah. If Hajj-ul-Ifraad and Umrat-ul-Ifraad have become obligatory on a person, it is permissible for him to perform the Hajj-ul-Ifraad in one year and the Umrat-ul-Ifraad in the other year;

5. in Umrat-ul-Mufradah, if a person deliberately had a sexual intercourse with his wife before sa'y, his pilgrimage becomes invalidated; he shall be required to perform it again, that is to stay in Makkah to the following month to perform it. However, if he does so during Umrat-ut-Tamatu'' it is doubtful if it would be invalidated and the better view is that it will not be affected as will be discussed in Rule 220.

Rule 140: In Umrat-ul-Mufradah as in Umrat-ut-Tamatu'' one must wear ihram at the Meqat itself as will be explained later. If the person is in Makkah and intends to perform

p: 49

an Umrat-ul-Mufradah, it is permissible for him to come out of the Haram and wear his ihram; thus, it is not obligatory for him to proceed to a Meqat and wear the ihram there; it is permissible for him to wear the ihram at Hudaybiyyah, Ja'ranah or Tan'eem.

The only exception to this rule is when a person invalidates his Umrat-ul-Mufradah by having sexual intercourse with his wife before sa'y. In this case, as a matter of precaution, he must repeat the ihram for a new Umrah from a Meqat; however, it is not permissible to wear ihram from Tan'eem, as will be explained further in Rule 223.

Rule 141: It is obligatory to perform an Umrat-ul-Mufradah, if one intends to enter Makkah, for it is not permissible to do so without ihram except for those who enter and depart from there regularly like by virtue of their trade.

Similarly, if a person has completed Umrat-ut-Tamatu' and Hajj, or after Umrat-ul-Mufradah and has left Makkah, he is permitted to re-enter without ihram before the expiry of the same month in which the Umrah was performed. As for the person who has departed from Makkah after performing Umrat-ut-Tamatu', but before the pilgrimage, the rule will be discussed under Rule 154 below.

Rule 142: If a person performs the Umrat-ul-Mufradah during the Hajj season (defined in Rule 139 '2' above) and remains in Makkah to the 8th of Thil Hijjah, he is permitted to treat it as Umrat-ut-Tamatu' and perform obligatory pilgrimage. However, there is no

p: 50

difference in this regard between an obligatory pilgrimage and an optional one.

There is no objection to those residing afar to perform Ifraad or Qiraan pilgrimages as an optional pilgrimage, just as there is no objection to those residing in the vicinity performing the Tamatu' as a provisional pilgrimage but this course is not permissible to either of them in an obligatory pilgrimage.

So performance of a Hajj-ut-Tamatu' for those whose duty is to perform the Ifraad or Qiraan or vice versa is not permissible. However, the obligation of those who have to perform Tamatu' can, in certain circumstances, change to Ifraad as will be explained.

Rule 145: If a person residing afar, takes residence in Makkah, his obligation will change to Hajjul Ifraad or Qiraan after commencement of the third year of his taking residence there. However, before that his obligation is to perform Hajj-ut-Tamatu'. There is no difference as to the availability of funds to perform pilgrimage being materialized before taking such residence or during the period of the residence.

There is also no difference whether or not he intended to take residence permanently. The same rule applies to those living in cities other than Makkah, provided that the distance between the those places and Makkah is less than 48 miles.

Rule 146: When a person resides in Makkah and wishes to perform Hajj-ut-Tamatu' before the change of his obligation to Hajj-ul-Ifraad or Qiraan, it has been said that he can wear ihram for Umrat-ut Tamatu' from Adnal Hil (nearest Meqats to Makkah, such Hudaibiyyah, Ja'ranah, and at-Tan'eem Mosque).

However, it is arguable (ishkal) that,

p: 52

as a matter of precaution, he must wear it at one of the Meqats. Indeed, as a matter of precaution he should wear ihram at the Meqat used by the people of his own country. It is apparent (alal adhhar) that this rule applies to those residing in Makkah and wishing to perform Hajj-ut- Tamatu', albeit a recommended one.

Muzdalifah part of the eve of Eid-ul-Adhha till sunrise on the day of the Eid. Muzdalifah is situated between Arafat and Makkah;

4. stoning (rami) Jamrat-ul-Aqabah in Mina on the day of the Eid. Mina is situated about three miles from Makkah;

5. slaughtering an animal in Mina on the day of Eid;

6. shaving the head or removing some hair in Mina. On completion of these acts, matters forbidden during ihram become lawful except [having sexual intercourse with one's] woman, perfume and hunting;

7. tawaf (tawaf-uz-ziyarah) on returning to Makkah;

8. prayers after tawaf;

9. sa'y between Safa and Marwah. At this stage wearing perfume becomes lawful;

10. Tawafun Nisa;

11. prayers after Tawafun Nisa;

12. remaining in Mina during the eve of the eleventh and twelfth and, in certain circumstances which will be explained below, the eve of the thirteenth [Thil Hijjah] also;

13. stoning all the three jamarat on the eleventh and twelfth and, evidently (al adhhar), if the pilgrim is there on the thirteenth.

Rule 150: There are certain conditions that should be observed in Hajj-ut-Tamatu':

1. Niyyah, that is, one must form the intention of performing Hajj-ut-Tamatu'. If one sets his mind on performing another kind of pilgrimage, or wavers in his intention, the pilgrimage is invalidated.

2. The Umrah and Hajj must be performed during the season of Hajj (see Rule 139 '2' above). If any part of the Umrah is performed before commencement of the month of Shawwal, the Umrah is invalid.

3. The Umrah and Hajj must be performed in the same year. If the Umrah

p: 54

is performed and then the Hajj is postponed to the next year, the Tamatu' is invalid. It makes no difference whether the pilgrim remains in Makkah to the following year or goes back to his country for the return journey to Makkah. Similarly, it makes no difference whether he removes the ihram or remains in it to the following year.

4. As a matter of choice, the ihram for Hajj must be worn in Makkah itself and the best place for it is the Holy Mosque; however, if it is not possible to wear ihram in Makkah, it may be worn wherever possible.

5. The Umrah and Hajj must both be performed by the same person as an agent for one particular person. It is not permissible to engage two agents, for a living or dead person, for Hajj-ut-Tamatu', one to perform the Umrah and the other the Hajj. Similarly, it is not permissible that one person performs the Umrah on behalf of one person and the Hajj for another.

Rule 151: If a pilgrim completes the rituals for Umrat-ut-Tamatu', it is obligatory on him to perform the Hajj. As a matter of precaution, it is not permissible for him to leave Makkah without performing Hajj. However, if he wishes to do so, even if it is not necessary, and there is no fear of missing the Hajj, and if he is sure he can return to Makkah to wear ihram in time, it is evident that he can depart from Makkah without

p: 55

ihram.

And if he is not so sure, it is obligatory on him to wear the ihram for Hajj in Makkah. Only then can he depart and head for Arafat in the same ihram. It is not permissible for a person who has performed Umrat-ut-Tamatu' to leave Hajj out of choice, even though it is a recommended one. However, if it was not possible to perform Hajj, he should consider it Umrah Mufradah; accordingly, he should perform Tawafun Nisa.

Rule 152: It is permissible for a pilgrim whose obligation is Hajj-ut-Tamatu' to depart from Makkah before the completion of his Umrah; that is, evidently, if he is able to return to Makkah; otherwise, as a matter of precaution, he should not do so.

Rule 153: The prohibition against leaving Makkah on completion of Umrah arises if one is to depart from the city for another place. However, the new streets and suburbs, that have sprung around the Holy City, are considered part of it. Thus, the pilgrim can visit them after completing Umrah, whether or not it was necessary to do so.

Rule 154: If the pilgrim has departed from Makkah after completing Umrah without ihram and goes beyond the Meqat, two situations could arise:

1. if he returns to Makkah within the same month of completing Umrah, he must enter Makkah without ihram, wear it in Makkah for Hajj and depart for Arafat;

2. if he returns to Makkah after the expiry of the month in which he performed the Umrah, he must repeat it.

Rule

p: 56

155: If the obligation of a person is to perform Hajj-ut-Tamatu', he cannot change it to Ifraad or Qiraan. There can be an exception, if a pilgrim embarks on Umrat-ut-Tamatu', then finds the time too limited to complete the Umrah and commence the Hajj, he can change his intention (niyyah) to Hajj-ul-Ifraad and perform Umrat-ul-Mufradah after the Hajj.

The test as to how much time would be considered too limited to complete the Umrah is a matter of difference between the scholars. However, it is apparent that he must change his intention, if he cannot complete the Umrah before midday of the staying (wuquf) in Arafat, i.e. the 9th of Thil Hijjah.

Rule 156: If before embarking on Umrah, the pilgrim for Tamatu' is aware that his time is too limited to complete the Umrah, before the zawaal of wuquf at Arafat, changing his intention to Hajjul Ifraad or Qiraan shall not be sufficient. He must, though, perform Hajj-ut-Tamatu' after the Umrah, if the pilgrimage was obligatory on him.

Rule 157: If a pilgrim wears the ihram for Umrat-ut-Tamatu' in good time, but deliberately delays tawaf and sa'y till the noon of the 9th of Thil Hijjah, his Umrah is invalid. It is apparent that he is not permitted to change his intention to Ifraad. However, as a matter of caution, he must perform tawaf and say the prayers after it, perform the sa'y and shave or do taqseer with the intention of acceptance as Hajj-ul-Ifraad or Umrat-ul-Mufradah.

and Hajj. The first part is connected to the second, and Umrah precedes Hajj.

Hajj-ul-Ifraad is a distinct kind of pilgrimage. It is the obligation of those who live in or within 48 miles of Makkah. If it is possible for such a person to perform Umrat-ul-Mufradah, it is obligatory on him to do so separately. If it is possible for him to perform only one of them, his obligation will be to perform that only. If it is possible for him to perform one of them at one time and the other at another time, he must perform each of them at the time possible. If he can manage both together, he must perform them at the same time. In this situation, it is the common view among the scholars that as a matter of caution, he must give precedence to the Hajj over the Umrat-ul-Mufradah.

Rule 158: All the rituals are common to Hajj-ul-Ifraad and Hajj-ut-Tamatu'. However, there are certain differences:

1. For Hajj-ut-Tamatu', it is obligatory that Umrat-ut-Tamatu' must come first and both be performed in the same year, as already stated; but that is not necessary for Hajj-ul-Ifraad.

2. In Hajj-ut-Tamatu', slaughtering of an animal is obligatory, as discussed earlier on; but that is not necessary for Hajj-ul-Ifraad.

3. In Hajj-ut-Tamatu', it is not permissible to give precedence by choice to tawaf or sa'y over the two stops. it is permissible, though, to do so in Hajj-ul-Ifraad.

4. In Hajj-ut-Tamatu', the ihram for the Hajj is worn in Makkah. For Hajj-ul-Ifraad, it

p: 58

depends upon whether the pilgrim lives in Makkah or not. This will be set out below.

5. Umrat-ut-Tamatu' must precede the Hajj; but that is not necessary for Hajj-ul-Ifraad.

6. As a matter of obligatory caution, in Hajj-ut-Tamatu', it is not permitted to make an optional tawaf after wearing the ihram for it but that is permitted in Hajj-ul-Ifraad.

Rule 159: If a person wears ihram for an optional Hajj-ul-Ifraad, he is permitted to change his intention to Umrat-ut-Tamatu' by carrying out taqseer, and thus coming out of ihram, unless he has recited Talbiyah after sa'y, in which case the change is not permitted.

Rule 160: If a person wears ihram for Hajj-ul-Ifraad and enters Makkah, he is permitted to perform an optional tawaf. However, as a matter of gratuitous precaution (al ahwatil awla), it is obligatory on him to repeat the talbiyah after the prayers for the tawaf if he did not change his intention to Hajj-ut-Tamatu' while it was permissible to do so. This precautionary measure also applies to obligatory tawaf.

local mosque known as Masjid-ush-Shajarah. It is insufficient, though, to wear it outside, except for ladies in menstruation or the like.

Rule 162: It is not permissible to delay wearing ihram from Dhul Hulaifah and wearing it at Johfa instead, except for a valid reason, such as sickness or due to weakness.

2. Wadil-Aqeeq which is the Meqat for the people of Iraq and Najd and those passing through there. It has three parts: Maslakh, Ghamrah and Thati Irq. The preferred view (al ahwatil awla), is for a pilgrim to wear his ihram before reaching Thati Irq, if there is no case for dissimulation (taqiyyah) or illness.

Rule 163: It has been said d that in dissimulation, it is permitted to wear ihram secretly before Thati Irq without removing all clothes. On getting there, the clothes may be removed and ihram worn without incurring any kaffarah (penalty). However, this opinion is not free from ishkal.

3. Johfa which is the Meqat for the people of Syria, Egypt and the West and those who pass from there if they have not worn ihram earlier at Thul Hulaifa either with or without excuse.

4. Yalamlam which is the Meqat for the people of Yemen and those who pass from there. It is the name of a mountain.

5. Qarn-ul-Manaazil which is the Meqat for the people of Ta'if and all those who pass through that route.

6. Insofar as the last four Meqats, i.e. numbers (2) to (5) are concerned, the Meqats are not confined to the mosques only.

p: 60

but all that which comes under the banner of these places is so considered. If the pilgrim is unable to specify the exact place, he can wear ihram by making a vow (nadhr) before reaching the Meqat.

7. The proximity of any of the above quoted Meqats: If a person takes a route which does not cross any of the said Meqats, he must wear ihram from any place which is parallel to the Meqat, that is to say, a place at which, when he faces the Holy Ka'ba, one of the Meqats would be to his right or left, and when he proceeds from that point to Makkah, the Meqat would be behind him.

8. It is sufficient to use common sense to determine if one has reached such point; it is not necessary to take exact measurements. If a person takes a route on which he reaches a place which becomes parallel to two Meqats , it, as a matter of preferential precaution, is recommended that he should wear ihram on reaching the first of such two places.

9. Makkah which is the Meqat for Hajj-ut-Tamatu', as well as Hajj-ul-Qiraan and Ifraad for the residents of Makkah, and its neighbourhood - irrespective of whether or not their obligation shifted to that of the residents of Makkah - as they are not required to proceed to the rest of the Meqats. However, it is preferable for all, except women, to proceed to some other Meqats, such as Ja'ranah to wear their ihram.

10.

p: 61

As a matter of precaution, one should wear ihram at a place within the area considered as part of the ancient Makkah at the time of the Holy Prophet (s.a.w.), although it is permissible to wear it at one of the new places recently built, except those which would fall outside the Haram.

11. The pilgrim's home is the Meqat for those who are nearer to Makkah than the Meqat as it is permissible for them to wear ihram from their homes and are not obliged to return to a Meqat .

12. Adnal Hil like Hudaybiyyah, Ja'ranah, or Tan'eem: It is the Meqat for Umrat-ul-Mufradah after the Hajj-ul-Qiraan or Ifraad and all Umrat-ul-Mufradah by those in Makkah. There is only one exception which was explained earlier under Rule 140.

in the season of the pilgrimage, as has already been discussed.

3. If a pilgrim wishes to perform Umrat-ul-Mufradah in the month of Rajab, and fears that the month will elapse before he proceeded to the Meqat, it is permissible to wear the ihram before the Meqat and it will count as the Umrah of Rajab, even if the remaining ceremonies were performed in Sha'ban. In this regard, it does not matter whether the Umrah is obligatory or optional.

Rule 165: It is obligatory on the pilgrim to be certain that he reaches the Meqat and wears ihram there. He must be satisfied or have shari'i proof that the place is the Meqat. It is not permissible to wear the ihram, if there is doubt whether the Meqat has been reached.

Rule 166: If a pilgrim had made a vow to wear ihram before Meqat and contrary to it wears ihram at the Meqat, his ihram is not invalidated. However, he must pay kaffarah for infringing the vow, if he did so deliberately.

Rule 167: Just as it is not permissible to wear ihram before reaching Meqat, so is it not permissible to delay wearing it. It is not permissible for a person who intends to perform a pilgrimage or Umrah or to enter the Haram or Makkah to pass by the Meqat, by choice, without wearing ihram there, even if there is another Meqat ahead. If a pilgrim passes by a Meqat, he must, if possible, return to it to wear the ihram.

p: 63

There is one exception for those who pass Thul Hulaifah to Johfa, without excuse. In such a case, it is evident that wearing ihram from Johfa is sufficient, albeit he is sinful.

As a matter of precaution, it is not permissible to pass any place which is parallel to one of the Meqats without wearing ihram, although one can ignore this precaution because there is another Meqat ahead or parallel. If a passenger does not intend to perform a pilgrimage or enter Makkah changes his mind after passing Meqat, he can wear ihram for Umrat-ul-Mufradah from adnal hil

Rule 168: If a pilgrim passes by a Meqat deliberately without wearing ihram , without prejudice to the previous rule, there are two possible avenues:

• if it is possible to return to the Meqat, it is obligatory to do so and wear ihram there; it makes no difference whether he returns after having entered the Haram or from outside it; if he does so, his pilgrimage is valid;

• if the pilgrim is not able to return to the Meqat, whether he is inside or outside the Haram, his pilgrimage is invalidated and wearing ihram from any place beyond the Meqat is not sufficient. He must perform the pilgrimage in the ensuing year, if he has the means.

Rule 169: If a pilgrim abandons wearing ihram due to oversight, unconsciousness, and the like, or ignorance of the rule or Meqat, four situations would arise:

• if it is possible to return to the Meqat, it is obligatory

p: 64

to do so and wear ihram there;

• if he is in the Haram and it is not possible to return to the Meqat, and it is possible to come out of the Haram, he must go outside and wear ihram there; it is preferable that, having made his exit from the Haram, he must proceed as far away from it as possible to wear ihram;

• if he is in the Haram and it is not possible to come out, he must wear ihram wherever he is, even if he has entered Makkah;

• if he is outside the Haram but it is not possible to return to the Meqat, as a matter of precaution, he must return as far as possible towards the Meqat and wear ihram. In all these four situations, the pilgrimage is valid, if the pilgrim acts in accordance with what is stated above. The same rule applies to a person who wears ihram before reaching Meqat, or after leaving it out of ignorance, or due to an oversight of the rule.

Rule 170: If a woman pilgrim, who is in haydh, does not wear ihram at Meqat out of ignorance of the rule and enters the Haram, as a matter of precaution, she must go out and wear ihram, if it is not possible for her to return to the Meqat. In such a situation, it is preferable that she should go as far away from the Haram as possible and wear ihram, if in so doing there

p: 65

is no risk of missing the pilgrimage. If there is no possibility of moving out of the Haram, like the others, he should wear ihram inside the Haram.

Rule 171: If the umrah becomes void, including by reason of the invalidity of the ihram, it is obligatory to repeat it, if possible and if, for lack of time, it is not possible to repeat it, obligatory pilgrimage becomes invalid and it is necessary to perform it again in the succeeding year.

Rule 172: A group of scholars have stated that if a pilgrim performs an Umrah without ihram, it is valid if he did so out of ignorance or due to an oversight. However, this is debatable (ishkal). In this situation, as a matter of precaution, if it is possible, it be repeated in the manner we have stated.

Rule 173: If a person travels from far for a pilgrimage, it is obligatory on him to wear ihram for Umrah at one of the first five Meqats. If his route passes through one of them, no problem arises. If not, as is the case in modern times, when pilgrims first land in Jeddah, which is not one of the Meqats, it is not permissible to wear ihram there as it has not been established that it is parallel to any Meqat. In such a case, he has three options:

1. He can make a vow (nadhr) to wear ihram from his town or on the way, just before passing over any of the Meqats

p: 66

and before landing in Jeddah, and wear the ihram at the place stipulated in the vow. There is no problem in this, provided it does not entail protecting oneself from the sun (istidhlal) - such as by flying during night time - or sheltering from the rain.

2. If he lands in Jeddah without ihram, he can proceed to one of the Meqats, or to a point which is parallel to it, to wear his ihram from there. He also can go to any of the places, situated behind the Meqat, such as Rabigh which is on the way to Madinah, and wear ihram there by making a vow (nadhr), as it is situated before Johfa which may not be easy to get to.

3. He must make a vow to wear ihram in Jeddah and do so. This is only permissible, if it is known, albeit generally, that there is a place between Jeddah and Haram, parallel to one of the Meqats, not far away from Johfa. If there was a probability that such a place is parallel to Johfa, and he could not achieve it, ihram by virtue of nadhr is not permissible.

4. However, if the pilgrim arrives in Jeddah with the intention to proceed to one of the Meqats, or the like, and he could not make it, he is permitted to wear his ihram with a nadhr there and then. In such a case, he, evidently, is not required to renew his ihram outside the Haram before entering.

Rule

p: 67

174: It has already been stated that, for Hajj-ut-Tamatu', it is obligatory to wear ihram in Makkah. If a pilgrim deliberately wears it elsewhere, his ihram is invalid, if he enters Makkah having worn it. Indeed, it is obligatory on him, if possible, to wear it again in Makkah; otherwise, his Hajj is invalid.

Rule 175: If during Hajj-ut-Tamatu' a pilgrim forgets to wear ihram for Hajj in Makkah, it is obligatory for him, if possible, to return to Makkah. Otherwise, he must wear the ihram wherever he remembers to do so, even if he has reached Arafat, and his Hajj is valid. The same is the rule for one ignorant of the rule.

Rule 176: If a pilgrim forgets to wear the ihram for Hajj and does not remember to do so until the completion of all the rituals, his Hajj is valid. The same rule applies to one who is ignorant of the rule.

the case in other acts of worship;

2. that the intention must be formed at the definite places specified before, under the heading of Meqats;

3. that the ihram is worn for Umrah or Hajj, and whether for Hajj-ut-Tamatu, Qiraan or Ifraad, if it was on behalf of someone else, such intention must be expressly formed.

However, if it was for oneself - not intending it to be for someone else - it is sufficient. It is apparent that whoever wishes to perform a pilgrimage to fulfil a vow must perform the ceremonies to accomplish the vow without any need to state expressly the intention of any of such types of pilgrimage as:

• (a) upon a vow for oneself or on behalf of another,

• (b) Hajjatul Islam,

• (c) to fulfil a vow, and

• (d) obligatory as a penalty or optional.

If the niyyah is established without determining the type of pilgrimage, the ihram will be invalid.

Rule 177: It is not necessary for the validity of niyyah to be uttered loudly or notionally. It is sufficient that it is consciously formed as is the case in other acts of worship.

Rule 178: It is not a requirement for the validity of the ihram that there should be a determination to refrain from all the prohibitions from the moment it is worn till its removal.

However, if the pilgrim was intent, from the outset of Umrat-ul-Mufradah, a on having sex with his wife before completing sa'y, or he wavered, his ihram will, evidently, be void. The same applies

p: 69

to masturbation, as a matter of precaution (alal ahwat). Yet, if, from the outset of wearing ihram , he was intent on refraining from such acts, but after wearing ihram, he changed his intention to committing either of them, the ihram is not vitiated.

talbiyah and appoint an agent to recite it on his behalf.

Rule 180: A person who becomes dumb as a result of disease or injury should recite talbiyah as much as he can, and if he is unable to recite it, he must move his tongue and lips while he is making intention, and make gestures by fingers in tandem with the recitation. A person born dumb should move his tongue and lips as if he is reciting and make gestures by fingers as well.

Rule 181: Another person must recite talbiyah for a child not capable of rational action (ghayr mumayyiz).

Rule 182: The ihram for Hajj-ut-Tamatu', Umrat-ut-Tamatu', Hajj-ul-Ifraad or Umrat-ul-Mufradah is not complete without talbiyah.

As for Hajj-ul-Qiraan, it can be completed with talbiyah, signs, or ??? by the following ways: ??? naqs. The first by the sacrifice of a camel, the pilgrim, standing to the left of the camel, must tear off the right side of the hump of the camel letting its blood ooze out.

The second by garlanding a camel or one of the other animals round its neck with worn slippers used when going to pray. It is preferable that both the methods be used. In Hajj-ul-Qiraan it is preferable that the talbiyah be recited, even if the ihram was worn by following either of the methods.

Rule 183: Purity from urine or excrement is not a condition for the validity of the ihram. Thus, a person can wear ihram even in condition of janabah, haydh, nifas or the like.

Rule

p: 71

184: For Qiraan, the position of talbiyah in ihram is that of Takbirat-ul-ihram in prayers. ihram is not complete without it. Therefore, if a person had made the intention for ihram and wore the two pieces of cloth but, before reciting the talbiyah, performed one of the acts prohibited during ihram, he had not done any wrong and he would not incur any kaffarah.

Rule 185: If a person puts ihram on via Masjidush Shajarah, it is preferable to delay the recitation of talbiyah till he reaches Bayda, which is the end of Thul Hulaifa and where the ground becomes flat. However, as a matter of caution (ihtiyat), he must recite talbiyah without delay and on reaching there should recite loudly and openly. As for women, they are not required to recite loudly.

If he proceeds by any other route, it is preferable to delay the recitation till he has walked a few steps. If a person proceeds on pilgrimage from the Holy Mosque, he can delay it till he reaches Raqtaa, a place near the Masjid-ur-Rayah, a little before Masjid-ul-Jinn.

Rule 186: The obligation is to recite talbiyah once; it is though mustahab to repeat it as many times as one possibly can. As a matter of precaution, a person performing Umrat-ut-Tamatu' must stop the recitation of talbiyah on sighting the houses of old Makkah. The point for those arriving at Makkah, via its upper approaches, from the route of Madinah is of Madniyeen. The point for those arriving via its lower

p: 72

approaches is Aqabat Thi Tawa.

As a matter of precaution too, those performing Umrat-ul-Mufradah must stop the recitation on entering the Haram, if they have arrived from outside Makkah. Those who have gone outside Makkah, only to wear ihram from adnal hil, should cease the recitation on sighting the Holy Ka'ba. Those performing all types of Hajj must stop the recitation at zawaal (noon) on the day of Arafat.

Rule 187: If after wearing the two pieces of cloth for ihram but before departing from the Meqat, a person entertains a doubt as to whether or not he had recited the talbiyah, he should recite it; if the doubt arises after the recitation as to whether he had recited it correctly, he should resolve that he had.

of the ihram.

Rule 189: As a matter of precaution, it is necessary that the piece of cloth worn round the waist should cover the portion from the navel to the knee; the other piece should cover both the shoulders, arms and a considerable part of the back.

As a matter obligatory precaution (al ahwat wujuban), both the pieces must be worn before the niyyah and talbiyah. If the niyyah and talbiyah precede the wearing of the ihram, the pilgrim must repeat both, after wearing the ihram, as a matter of preferential precaution (al ahwatil awla).

Rule 190: If through ignorance or oversight the ihram is worn over a shirt, the shirt must be removed immediately and the ihram is valid. Indeed, most evidently, the ihram is valid even, if the shirt was worn deliberately. However, if it is put on after wearing ihram there is no doubt that the ihram will be valid; however, the shirt must be removed from below.

Rule 191: There is no objection to having more than the two pieces of cloth in ihram at the time of wearing it, or afterwards, for protection against heat or cold or for any other reason.

Rule 192: The conditions applied to the garments of ihram are the same as those applied to clothes worn in prayers. It is necessary that they should not be made of pure silk, gold, or products of wild animals. And, as a matter of precaution, they should not be made of parts of the body of an

p: 74

animal whose meat is forbidden. Both the pieces must be tahir (clean, not najis).

Rule 193: As a matter of precaution, the garment worn round the waist be of a quality capable of concealing the body, not a revealing one. This is not a must for the garment used round the shoulders.

Rule 194: As a matter of optional precaution (al ahwatil awla), both the pieces must be of textile, and not of leather, for example.

Rule 195: The obligation to wear the two pieces round the waist and the shoulders is confined to males only and does not apply to females who may wear as ihram their usual clothes, provided that they comply with the conditions stated above.

Rule 196: Although forbidding the wearing of silk is generally confined to males, it, as a matter of precaution, also applies to females insofar as ihram is concerned, in that they should refrain from wearing anything made of pure silk throughout the period of ihram. The only exception is in the case of necessity, as for protection from cold or heat.

Rule 197: If either or both garments worn for ihram become najis, it or they, as a matter of precaution, must be changed or rendered tahir as soon as possible.

Rule 198: It is not obligatory to have the cloths of ihram on all the time. There is no objection to its removal, whether necessary to do so or not. Nor is there any objection to changing them, provided the other pair complies with the conditions

p: 75

stated above.

pilgrim in a state of ihram to hold a prey and keep it under control, even if he had hunted it before wearing ihram, or it was hunted by someone else, whether inside or outside the Haram.

Rule 202: It is not permissible for a pilgrim in a state of ihram to eat the meat of a prey, even if the hunter has captured it while still not in a state of ihrahm. It is forbidden for a person who is not in a state of ihram to eat the meat of a prey of a pilgrim, in the state of ihram, who killed it by hunting or slaughtered it after hunting.

It is forbidden for a person, who is not in a state of ihram, to eat the prey of a pilgrim, whether in a state of ihram or not, who hunted it inside the Haram.

Rule 203: The rules regarding free animals apply also to their young ones. As a matter of precaution, it is forbidden for pilgrims, in a state of ihram, to take, break or eat their eggs. And as a matter of precaution too, one should not help others to do so.

Rule 204: The rules stated above are for wild creatures, including locust. As for marine creatures, there is no objection to catching fish, for example. Amphibians are regarded as wild animals. Evidently, there is no objection to catching those animals, whose identity, as being wild or not, is doubtful .

Rule 205: Just as it is unlawful for

p: 77

a person in a state of ihram to hunt wild animals, so is it forbidden to kill any of the reptiles, even though it is not considered hunting. There are some exceptions:

1. Domestic animals, like sheep, cow, camels and poultry, including turkey. It is permissible to kill these. The same rule applies when there is doubt as to whether or not an animal is a domestic one.

2. When a person, in the state of ihram, fears for his safety, for example, from wild animals, or snakes, it is permissible to kill them.

3. It is permissible to kill vultures, if they are hunting the pigeons in the Haram.

4. It is permissible to kill vipers, other dangerous snakes, scorpions and mice. There is no kaffarah for killing them.

Rule 206: There is no objection to a pilgrim, in ihram, throwing an arrow at a crow or kite. There is no penalty (kaffarah) should any of them be killed by the arrow.

of food; if it is not possible to do so, one has to fast for eighteen days. If the penalty is a cow, and it is not available, thirty poor people must be fed; if this is not within one's means, the penalty is fasting for nine days. If the penalty payable is a sheep, and it is not available, ten poor people must be fed; if one cannot afford it, three days fasts should be observed.

Rule 209: For killing a sand grouse, partridge or francolin and their likes, the penalty is a lamb which has been weaned and feeds on grass. For killing a sparrow, a lark and the like, evidently, the penalty is one mud of food. For killing other birds, such as pigeons, the penalty is a sheep.

The penalty for killing their young ones, is a lamb or the young of a goat. If their eggs were broken, the penalty is a dirham (3.456 gms. of silver), if there is no foetus; if otherwise, the ruling is the same as that for the young ones of a bird and out of caution the young lamb feeding on its own.

For killing a locust, the penalty will be a date; if more than one was killed, the penalty will be a handful of food, which is preferable; If the killings are repeated, the kaffarah should be repeated too; if the killing was abundant, it will be a sheep.

Rule 210: For killing a mouse, hedgehog or lizard, and the likes,

p: 79

the penalty is a young goat and for a locust, the penalty will be a handful of food.

Rule 211: For a deliberate killing of a wasp, the penalty is giving away, in charity, some food. If done in defending oneself, there is no penalty.

Rule 212: If a person, in a state of ihram, hunts an animal outside the boundaries of Haram, he must pay a penalty or the price of the animal, where there is no fixed penalty. However, if a person, not in a state of ihram, hunts an animal inside the boundaries of the Haram, he must pay the price of the animal, except for hunting a lion, for which the penalty is a ram. If a person, in ihram, hunts inside the boundaries of Haram, he must pay both the penalty and the price.

Rule 213: It is obligatory on a pilgrim, in of ihram, to avoid the path on which there are locusts, but if that is not possible, there is no objection, if they get killed.

Rule 214: If a group of pilgrims, in ihram, jointly kill an animal, each of them will be liable to the penalty.

Rule 215: The penalty for eating the hunted animal is the same as for killing it. Thus, if the pilgrim in ihram hunts the animal, then eats it, he will be liable to double the rate of the penalty.

Rule 216: If a person, not in ihram, has with him the hunted animal and enters the Haram in his possession, he

p: 80

must immediately release it; if he does not do so and the animal dies, he becomes liable to pay the penalty. The same is the rule, if the hunting took place before ihram, but the animal died after ihram, i.e. the penalty must be paid, even if he did not enter the Haram, as a matter of precaution,

Rule 217: The penalty for hunting an animal and eating its meat applies whether the act was done deliberately, in error, or out of ignorance.

Rule 218: If the hunting is repeated, so is the penalty, whether the hunting was out of ignorance, due to an oversight, or deliberate - by a person, not in ihram, inside the Haram. The same rule applies to the hunting in the Haram by pilgrim, in the state of ihram - in each and every ihram. However, if a pilgrim, in ihram, hunts repeatedly during the same state of ihram, he will pay the penalty once.

be as stated above. As a matter of precaution, he must finish his Umrah, the pilgrimage that follows it, and repeat both of them in the ensuing year.

Rule 221: If a pilgrim, in ihram for Hajj deliberately has sexual intercourse with his partner, before wuquf at Muzdalifah, his Hajj is invalidated; if the lady is also in ihram and she knowingly and voluntarily condoned the act, her Hajj is also invalidated. There is a penalty on each of them; they also have to complete the remaining ceremonies and repeat the Hajj in the following year, whether the pilgrimage was obligatory or optional. However, if the woman was compelled into the act, her Hajj is not invalidated, and there will be no penalty on her. Her husband, who coerced her into it, should pay double the penalty.

The penalty for the intercourse is a camel, but if one cannot afford it, it is a sheep. It is mandatory that husband and wife live separately during the remainder of the pilgrimage - except in the presence of a third person - until they complete all the pilgrimage rituals, including those at Mina. They should return to the point where the intercourse took place. Should they choose to use a different route, they are free to meet, only when they have finished all the required acts of worship.

They should also be separated, during the repeat Hajj in the following year on arrival, until they reach the place where the intercourse took place in the

p: 82

preceding year. Indeed, as a matter of precaution, the separation should be maintained until the completion of all the pilgrimage devotions and the return to the place where the act took place.

Rule 222: If a person, in ihram, had intentionally had a sexual intercourse after wuquf at Muzdalifah, but before completing the fourth round of Tawaf-un-Nisa, the above-quoted penalty is obligatory on him; however, his pilgrimage stands.

Rule 223: If a person knowingly has a sexual intercourse during Umrat-ul-Mufradah, he is liable to the penalty, previously discussed. His Umrah, though, is valid, if the sexual act took place after sa'y; otherwise the it is invalidated as well. It is then mandatory on him to remain in Makkah for another month, and proceed to one of the Meqats to wear ihram again to repeat Umrah. It is not sufficient to wear ihram from Adnal hil. As a matter of precaution, he must also complete the Umrah that was rendered invalid.

Rule 224: If a pilgrim, relieved from his ihram, had a sexual intercourse with his wife, who is still in ihram, she becomes liable to a kaffarah of a camel, which must be borne by the husband.

Rule 225: If a pilgrim, in a state of ihram , has a sexual intercourse with his wife out of ignorance or due to an oversight, his Umrah and Hajj are valid; there shall be no penalty on him. This rule also applies to all the other prohibitions which attract penalties. That is to say that an

p: 83

act of a pilgrim, in ihram, will not attract a penalty, if it was performed out of ignorance or due to an oversight, except in the following cases:

1. if he forgets a tawaf in Hajj or Umrah till he returns to his country, and has intercourse with his wife;

2. if he forgets some parts of the sa'y in Umrat-ut-Tamatu' and has intercourse with his wife considering himself relieved of ihram;

3. if he needlessly keeps stroking his head or beard, and a hair or two drop off;

4. if out of ignorance, he applies oil to his body.

The rules relating to these aspects will be discussed at their appropriate places.

touches, carries or cuddles her without passion, no penalty is incurred.

a state of ihram masturbates, the rule of sexual intercourse applies to him. If this happens before the stay at Muzdalifah, his Hajj is invalidated; it is obligatory on him to complete the ceremonies and repeat the pilgrimage in the following year.

If this act occurs in Umrat-ul-Mufradah before completing sa'y, his Umrah is invalidated and he is obliged to complete and repeat it as stated above. The penalty for it is the same as that for sexual intercourse. If, however, there is ejaculation without masturbation, by, for example, looking only or imagining, the penalty is still operative but Hajj or Umrah is not invalidated. Yet, as a matter of caution, it must be repeated.

woman, were in a state of ihram or not.

Rule 235: It is not permissible for a pilgrim, in a state of ihrahm, to witness a marriage ceremony, or be present there, as is widely believed (ala mashhoor). However, as a matter of optional precaution (al ahwatil awla), he must decline bearing witness to it, albeit he would practically have, be virtue of being there, assumed a responsibility.

Rule 236: As a matter of optional precaution, a person in a state of ihram should not propose to a lady. However, there is no objection to reverting to a lady who had been divorced by way of a revocable divorce, just as it is permissible to divorce one's wife.

wormwood, are apparently exempt.

Fruits which have a scent in them, like apples and quinces, one must refrain from smelling them while eating them, as a matter of precaution. The same applies to aromatic oils; it is permissible to use for food the edible ones among them, yet it is advisable not to smell the aroma while eating them, as a matter of ihtiyat.

Rule 239: A pilgrim in a state of ihram, performing sa'y does not have to hold his nose in a bid to avoid smelling the aroma which may exude from a vendor of perfumery. However, he must do so in situations other than this. Khalooq-ul-Ka'ba is exempt.

Rule 240: If a person, in ihram, deliberately consumes an item of perfumery, or wears clothes that have traces of scent on them, he should, as a matter of obligatory precaution (al ahwat luzuman [wujuban]), bear a kaffarah of a sheep.

There is no kaffarah for using perfume in situations other than those discussed, although, as a matter of precaution, one must pay the penalty.

Rule 241: It is forbidden for a pilgrim, in the state of ihram, to close his nose to bad smell, although there is no objection to moving away quickly from the smell.

a matter of obligatory precaution, he must completely refrain from wearing traditional clothes, such as shirt, cloak, jacket, Arabian thawb or dishdasha (gown), albeit not buttoned up.

However, there is no objection to tying a sewn purse/wallet worn around the waist or over the shoulder. Likewise, it is permissible to use a sewn belt to support a rupture, or hernia, for example. He can also use a sewn kilt or covering, but he must not let it cover his head.

Rule 243: As a matter of precaution (al ahwat), one must not tie the lose ends of the loin cloth round one's neck ; indeed one must not tie a knot in the loin cloth at all, i.e. one must not connect the two ends of the loin cloth, either by a knot or by a pin or needle. As a matter of precaution, one must not tie a knot in the cloth round the shoulders either; however, one can connect its loose ends with a pin or a needle.

Rule 244: Ladies can wear sewn dresses, but not gloves.

Rule 245: If a pilgrim, in ihram, deliberately wears anything forbidden, the penalty is a sheep. As a matter of precaution, the penalty must be paid even if the infringement was involuntary.

If it is repeated, there is a penalty incurred for each and every infringement, even if it involves simply the deliberate change of clothes, be they of different kinds or of the same kind, as a matter of precaution.

two situations need consideration:

1. Application of black collyrium for beautification is totally forbidden, except if used for treatment.

2. Application for beautification of collyrium which is not black, and its equivalent, without intention of beautification is not objectionable and carries no penalty. However, it is preferable to sacrifice a sheep, if the antimony was mixed with an unlawful substance.

front part.

He is, however, permitted to wear what covers only part of the foot, or the whole foot, without wearing anything; for example, by letting the cloth of the ihram, worn around the waist, to cover the foot while sitting. The kaffarah for wearing shoes, socks or stockings is a sheep, as a matter of ihtiyat. There is no objection to women wearing them.

necessary to do so to establish a right or disprove a false claim;

2. if it is not intended to take an oath or swear but for another purpose altogether, like showing respect or affection and saying,” La Wallah (No by Allah) do not do so”.

Rule 252: There is no penalty for taking an oath, if it is true. However, the pilgrim should seek Allah's forgiveness, if he has done so only twice; otherwise there is a penalty of a sheep. If the oath is untrue, the penalty is a sheep for the first time, two sheep for the second and a cow for the third time. That is the maximum penalty. However, if he had paid the penalty and took yet another false oath, the penalty is incurred in the same order.

a state of ihram, should avoid whatever is considered to be beautification, whether or not he has the intention to beautify himself, including applying henna in the usual way.

However, it is permissible to use that which is not considered as beautification and is used for treatment, or the like. It is also permissible to apply it before wearing ihram, even though its effect continues while the pilgrim is in a state of ihram.

Rule 255: It is permissible for a pilgrim, in a state of ihram to wear a ring, not for beautification but as a mustahab act, for safe keeping, or for the purpose of counting the rounds of tawaf . However, as a matter of precaution, wearing it for ornamental purposes must be avoided.

Rule 256: It is forbidden for a lady, in a state of ihram, to wear ornamental jewellery, unless she customarily wears them before getting into a state of ihram. However, she should not show them of to her husband or, as a matter of optional precaution (al ahwatil awla), to any male, among her mahaarim. There is no kaffarah on beautification in all these situations.

matter of precaution, a poor person should be fed as the penalty.

ihram, scratching his head or body, if no hair falls off or blood oozes. If the pilgrim strokes, without any reason, his head or beard, causing one or two hairs to drop off, he must give, in charity, some food. If this happens in the course of wudhu or similar act, there is no kaffarah on him.

It is evident that there is no penalty, if the action is taken out of necessity.

of precaution, riders must avoid shade, unless the shade, produced from both sides, is so short that it does not cover the head and chest of the pilgrim.

3. By being under fixed objects like the shade of walls, tunnels, trees, mountains, etc. Evidently, being under such shade is allowed for a pilgrim, in a state of ihram, whether riding or on foot. There is no objection to protecting oneself from the sun with one's bare hands, although it is advisable to refrain from it, as a matter of precaution.

Rule 270: By “avoiding cover, or shading”, we mean no protection should be used against the sun and, as a matter of precaution, the rain. However, there is no objection to protecting oneself from wind, heat, cold, etc., albeit it is advisable not to embark on it, as a precautionary measure.

Yet, there is no objection to using a covered bus during the night, even if it is not raining, as a matter of precaution. That is even with the knowledge that it may provide protection against wind.

Rule 271: The prohibition of resorting to shading, discussed above, is confined to walking and covering a distance. Once the pilgrim, in a state of ihram, arrives at a place, be it that he uses for accommodation or not, there is no objection to his moving under shade. This is treated in the same way as if the pilgrim was en route, in that he can remain in the shade of a house in which he

p: 97

is resting, or meeting friends, i.e. it is apparent that he is permitted to be under shade.

The question, though, still remains as to whether the pilgrim is permitted to be under the shade of a moving object, once he settled and went about his business. Say, he had arrived in Makkah and wished to proceed to the Holy Mosque for tawaf and sa'y, or once in Mina, he wished to proceed to the place of sacrifice or Jamarat. It is very problematic (mushkilun jiddan) to pass a ruling, permitting it. Accordingly, and as a matter of precaution, one should avoid doing so.

Rule 272: There is no objection to women or children sheltering in the shade, and even men when it is necessary.

Rule 273: The kaffarah for being under shade is a sheep, whether the breach was deliberate or out of necessity. If it is repeated, a sheep should, as a matter of precaution, be given for each day of the breach, although it is evident that there is only one penalty for the entire state of ihram.

optional precaution (al ahwatil awla).

is armed, as a matter of precaution. By weapons, we mean that which would generally be regarded as arms, such as sword, spear, and rifle. Items of body protection, such as armour, are excluded from this rule.

Rule 278: There is no objection to the arms being in the possession of a pilgrim, in a state of ihram, in such a manner that it would not be generally construed that he is armed. However, it is advisable to avoid having them altogether, as a precaution.

Rule 279: Carrying arms is forbidden only in normal conditions. If it is necessary to carry them for fear of the enemy or thieves, for example, there is no objection to doing so.

Rule 280: As a matter of precaution, the kaffarah for carrying arms, without a valid reason, is a sheep.

grass, grown on the premises of an individual, after the purchase of the property or settling in it. As for trees and grass that were there, at the time of purchasing the property, they do not fall within the exception.

Rule 281: If the roots of a tree are in the area of the Haram but branches outside, or vice versa, it will be governed as though it was wholly within the area of the Haram.

Rule 282: The kaffarah for cutting down a tree is its value. The penalty for cutting a portion of it is the value of the portion cut off, as a matter of precaution; there is no penalty for cutting grass.

Third: It is not permissible to execute the religious punishment meted out to a person who, guilty of an act committed outside the Haram, has taken refuge in it. However, people should refrain from feeding such a person, or communicating with him, till he is left with no option but to come out and be penalized.

Fourth: It is highly discouraged to pick lost property within the Haram. However, if a person had picked it up, and traced no sign to recognize its owner, he could keep it for himself. As a matter of precaution, however, it is recommended that he should give it away in charity on behalf of its owner. If its price is more than one dirham (3.456 gms of silver), he should give notice for one year that he has found it; if it

p: 101

remains unclaimed, he must give it away in charity on behalf of the owner.

Umrat-ut-Tamatu, the second obligation is tawaf.If a pilgrim deliberately abandons it, his Hajj, shall be null and void, irrespective of whether or not he was aware of the rule governing the matter.Delaying its performance could be materialized in a way that it would no longer be possible to perform it, as it would be time for the devotional stay in Arafat.Thus, the Umrah will be invalid.

Apparently, the ihram will also be invalidated. [And as a rectifying measure], reverting to Hajj-ul-Ifraad is not sufficient, although one should do so, as a matter of precaution.In both the situations, it is obligatory to repeat the Hajj in the following year.

Before commencing the tawaf, a pilgrim may harbour a doubt as to whether he is tahir.He may remember having performed wudhu.Yet,the doubt relates to whether wudhuwas subsequently broken.He should ignore the doubt;otherwise, it will be obligatory on him to finishtawaf off, after performing wudhu.

However, if that doubt arises in the course oftawaf, and if he remembers having performed wudhu before, the ruling is as already stated. Conversely, if the doubt arises before completing the fourth round, he must perform wudhu and repeat tawaf.Otherwise,he must interrupttawaf, perform wudhu and complete what was left oftawaf rounds.

Rule 287: If the doubt about the cleanliness arises after completingtawaf, it must be ignored, although, as a matter of precaution, it may be repeated. It is, though, obligatory to clean oneself for the prayer after tawaf.

Rule 288: If it is not possible to perform wudhu, for a reason not likely to change [in time], tayammum must be performed for tawaf. If even tayammum is not possible, tawaf itself cannot be performed. When all hope of possibility fades away, an agent must be appointed to perform tawaf on his behalf. However, as a matter of optionalrecommended precaution (al ahwatil awla), he must also perform tawaf without wudhu or tayammum.

Rule 289: When the periods of Haydh and Nifas are over, and for one in Janabah, ghusl is obligatory for the performance of tawaf. If it is not possible to do so, and there is no hope of any possibility of performing ghusl, tawaf must be carried out with

p: 104

tayammum. In such a case, as a matter of recommended precaution, an agent must also be appointed to perform the tawaf;if even tayammum is not possible, the appointment of the deputy is called for.

Rule 290: If in the course of Umrat-ut-Tamatu, a lady, whether in a stateof ihram or not, starts her monthly period;there may not be sufficient time for performingUmrah. She should wait for the period to be over, perform ghusl and Umrah. If, however, the time is short, two possibilities could arise:

1. if the period commenced before assuming ihram, she should change to Hajj-ul-Ifrad; on completing Hajj rituals, it is obligatory on her to perform Umrat-ul-Mufradah, where possible.

2. if the period commences after wearingihram, she is free to either performHajj-ul-Ifraad, as outlined in the preceding paragraph, or perform the ceremonies of Umrat-ut-Tamatu, without performing tawaf and its prayer. After sa'y, she should perform taqseer, andthen wear ihram for Hajj. On returning to Makkah, after completing the rituals at Mina, she should performtawaf of Umrah, before performing tawaf for the Hajj.

If even then the bleeding continued and, she was convinced, that it will continue until after the return from Mina, she should hire an agent to perform the tawaf for her. She should perform the sa'y herself.

Rule 291: If the bleeding commences when a lady, in a state of ihram, is in the course of tawaf, and if it occurs before completing the fourth round, the tawaf is invalid, and the rule in this case is as stated above.If,

p: 105

however,it occurs after the fourth round, what was performed is valid;it is obligatory, though, to complete the remainder of the tawaf after ghusl. In both the situations, as a matter of precaution, time permitting, she should perform a complete tawaf afterwards.

Contrariwise, she should perform sa'y and taqseer, wear the ihram for Hajj and on her return to Makkah from Mina;after completingthe devotional acts there, she should perform the tawaf by way of qadha, before performingtawaf for jj as stated above.

Rule 292: If the bleeding commences after completingtawaf, but before sayingprayer fortawaf, it is valid;she should say prayer after performing her ghusl.If, however, the time is short, she should performsa'y and taqseer, and say prayer by way of qadha, before tawaf for Hajj.

Rule 293: If a lady has completed her tawaf and said her prayer for tawaf, and then feels the bleeding, but is uncertain as to whether it commenced before the tawaf or the prayer, during one of them, or after completingthe prayer, she should proceed on the basis thattawaf and the prayer is valid. However, if she knows that it commenced before or during the prayer, the preceding rule will apply.

Rule 294: If, when entering Makkah, a lady is able to perform Umrat-ut-Tamatu' , but deliberately postpones its completion until her monthly period starts, especially whenthere is not ample time left,apparently, her Umrah becomes invalid.

Rule 295: A it is widely held (alal mashhoor), in an optional tawaf, taharah, from urine and excrement, is not a prerequisite, i.e. tawaf is

p: 106

valid without it.However, taharah is essential for prayer.

Rule 296: It is sufficient for an ill person to clean himself according to his condition. For example, he may be helpless,incontinent, or afflicted with intestinal ailment. Thus, he may not be able to control himself. As a matter of precaution, the last one who is suffering from intestinal ailment must do both, i.e. perform tawaf personally, and hire an agent to perform it on his behalf where possible.

As a matter of precaution, in the case of a woman with an abnormal menstruation, should perform a separate wudhu for both tawafand prayer, if bleeding was little.If it was moderate, she should perform a ghusl but a separate wudhu for both of them.If it was intense, she should perform a separate ghusl fortawaf andprayer, without the need for wudhu, if there is no urination. If there is wudhu should, as a matter of precaution, also be performed with the ghusl.

to stop. Otherwise, it has to be removed, as a matter of precaution. In situations of necessity too, the same rule applies to any najasah coming into contact with the body or clothes.

Rule 298: If a pilgrimis unaware of any najasah on his body or clothes, and he becomes aware of it only after completing tawaf, it is valid and there is no need to repeat it. Similarly, even the tawaf prayer will be valid, if he was unaware of the uncleanliness until after prayer.

The exception being, if he was in doubt about the najasah, before the prayer,or made investigation and did not become aware of it. However, the person who has a doubt, but does not carry out an investigation, and notices the uncleanliness after prayer, must repeat the prayer, as a matter of obligatory precaution.

Rule 299: If a pilgrim forgets about the najasah on his body or clothes and remembersafter completingtawaf, it is apparent that the tawaf is valid, albeit, as a matter of precaution, it is better to repeat it.

However, if he remembers after completing prayer,he must, as a matter of precaution, repeat the prayer, should the oversight be due to negligence; otherwise there is no need to repeat it.

Rule 300: If a pilgrim was unaware of the najasah on his body or clothes, and became aware of it in the course oftawaf, or his body or clothes became najis in the course of tawaf, he should change into clean ones and completetawaf, if tahir clothes were

p: 108

available. If not, and it was known that the najasah occurred after completing the fourth round of tawaf, he should abandon it, clean the clothes or himself, and complete tawaf.

If this occurs before completing the fourth round, he should abandon tawaf, clean the clothes or himself and, as a matter of precaution, perform another complete tawaf, even though it, apparently, is not obligatory to repeat tawaf.

and also hire an agent to performtawaf, say its prayeron his behalf.He should, though, say prayer after the agent has said it.

as is also evident from the tawaf of the Holy Prophet (s.a.w.) when he did so riding. So there is no need for special effort to be made at the Hijr Ismail and at the corners.

5. Hijr Ismail must be included in tawaf; that is to say, a pilgrim must turn around the Hijr without entering it or climbing its wall.

6. One must circumambulate keeping clear of the Holy Ka'ba and its projection it known as Shadharwaan.

7. One must circumambulate seven times continuously. Less than seven rounds will invalidate the tawaf; if more than seven rounds are made deliberately, the tawaf will be invalid too, as will be discussed below.

8. The seven rounds must follow each other without considerable interruption between them.

9. The tawaf must be performed by free movement of the pilgrim. If he was made to move by being pushed by the crowd tawaf will not be acceptable.

Rule 303: As is widely held, tawaf is performed between the Holy Ka'ba and Maqame (the station) of Ibrahim (a.s.) - a distance of twenty six and a half arm lengths (about 12 meters). As one has to go around the wall of Hijr Ismail, the distance is reduced to six and a half arm lengths (about 3 meters).

However, if one moves outside this ambit, it is acceptable, though makrouh, particularly if one is unable to remain within the limits, or harm could befall him, if he did so. Nevertheless, where possible, observing ihtiyat is recommended.

person departs from the limits of tawaf and enters the Holy Ka'ba, the tawaf is invalidated and it must be repeated. It is preferable (al awla) that tawaf be first completed and then performed again, if the departure took place after completing half of tawaf.

Rule 303: If a pilgrim departs from tawaf to the `Shadharwaan', tawaf becomes invalid commensurate to the extent of the departure. After making good the distance, he should, as a matter of precaution, complete the tawaf and then repeat it.

In the course of tawaf, one should, as a matter of precaution, not extend one's arm towards the Shadharwaan or the wall of the Holy Ka'ba to touch a corner or whatsoever.

Rule 306: If, in the course of tawaf, a pilgrim enters Hijr Ismail, due to an oversight or out of ignorance, the round in which this occurs is invalid; there is no option but to repeat it, better though, after completing the entire tawaf.

The same rule applies, as a matter of precaution, to walking on the wall of the Hijr. While sticking to the course of tawaf, the pilgrim must not touch the wall of the Hijr either.

If it was after the fourth round, tawaf, as a matter of precaution, must be completed and then repeated. However, if the tawaf was optional, he may complete the remaining rounds, provided that he does not break the sequence.

Rule 309: If menstruation of a lady commences in the course of tawaf, it is obligatory on her to abandon it and leave the Masjid-ul-Haraam immediately. The rule governing such a case has already been discussed in the preceding 'Conditions for Tawaf'.

Rule 310: A pilgrim, performing tawaf, may find it necessary to interrupt it, due to sickness, carrying out an errand for a fellow believer, or attending to his own business.

If tawaf was obligatory, and he had completed the fourth round, his tawaf is valid. However, if he abandons it before completing the fourth round, his tawaf is invalidated. If tawaf was a recommended one, he can continue from where he stopped, even though he had not completed four rounds.

Rule 311: It is permissible to sit down to rest, in the course of tawaf, but it must not be prolonged so much so that the sequence, as is widely held, be broken; in that event, the tawaf becomes invalid and has to be performed again.

Rule 312: If a pilgrim interrupts tawaf in order to obtain the merit of praying at the earliest time, or join congregational prayer, or perform a mustahab prayer, he must complete the tawaf from where he interrupted it after completing his prayer.

He should, as a matter of precaution,

p: 113

repeat tawaf after completing it, if the interruption was in the course of an obligatory tawaf and had occurred before completing the fourth round.

Rule 313: During tawaf, a pilgrim may inadvertently omit parts thereof, yet becomes aware of the lapse before the chain of continuity is broken. If this is the case, he must complete his tawaf, which will then be deemed valid.

He may become aware of it after the sequence has been interrupted. He may as well has forgotten to perform either one, two or three rounds; thus, he should perform same; the tawaf will then be considered valid. If he cannot perform it personally, even though he may have remembered after returning home, he may hire an agent to perform it for him.

If he has forgotten more than three rounds, he should return and perform the missed ones. It is better, though, that having done so, he should, as a matter of precaution, perform another full tawaf,

any of the two is sufficient. However, if this is not possible, then one may, as a matter of precaution, say it anywhere in the Mosque, and as close to the Maqam as possible. This is so when the tawaf is obligatory, but when it is optional, one may pray anywhere in the Mosque.

Rule 327: If a person deliberately fails to say tawaf prayer, his Hajj is invalid.

Rule 328: The prayer must be said immediately after tawaf, that is to say, there must not, generally speaking, be a gap between the tawaf and the prayer.

Rule 329: If a pilgrim forgets to say tawaf prayer, but realizes the lapse after sa'y, he should say it immediately. Accordingly, there shall be no need to repeat the sa'y, although one may do so as a matter of precaution. If he remembers it in the course of sa'y, he should interrupt it and say the prayer at the Maqam and then return to completing sa'y from where he had interrupted it.

If he remembers it after leaving Makkah, it is obligatory to return and say it at the Maqam, should doing so will not cause inconvenience. If it is not possible to return, he should say it wherever he remembers it. Even if it is possible to return to the boundary of the Haram, it is not necessary to do so. If one fails to say the prayer out of ignorance, the same rule applicable to the one who forgets shall apply to him.

Rule 330:

p: 115

If a person dies, but has an obligation to say the prayer, it is obligatory on his eldest son to have the prayer said qadha, provided that the conditions concerning Qadha are satisfied.

Rule 331: If a pilgrim's recitation of prayer is not perfect, and he is unable to correct it, it is sufficient for him to recite Suratul Fatiha. Otherwise, he should, as a matter of precaution, add to it some Ayahs he is good at reciting correctly; if not, tasbeeh. If all effort has been exhausted to render the recitation correct, he should, as a matter of precaution, say it as best he could, join congregational prayer and hire an agent to say it on his behalf.

Rule 332: If a pilgrim is unaware that his recitation is not sound, and his ignorance is excusable, his prayer is valid; there shall be no need for him to say it again, even if he comes to know of the lapse after the prayer.

If his ignorance was not excusable, he must, after correcting his error, say the tawaf prayer again; the rules governing a person who has forgotten to say the prayer shall apply to him.

during sa'y.

Rule 333: Sa'y is to be performed after tawaf and its prayer. If it is performed before the tawaf or prayer, it is obligatory to repeat it after performing both. As for the one who forgets to perform tawaf, but recalls after performing sa'y, the rule has already been set out.

Rule 334: Niyyah to attain closeness to Allah, is essential in sa'y performed for Umrah or Hajj, whichever is applicable.

Rule 335: Sa'y consists of seven laps. The first round starts at Safa and ends at Marwah. The second round is a reversal of the first, the third is like the first, and so on until the seventh round ends at Marwah.

One should cover the whole distance between the two mounts in each round; there is no need to climb any of them, even though it is preferable and precautionary (awla and ahwat) to do so. As a matter of precaution, it is obligatory for performing sa'y to be continuous, i.e. there should not be a break between the rounds.

Rule 336: If a person starts from Marwah, albeit due to an oversight, sa'y will be deemed invalid and he must resume from Safa.

Rule 337: In sa'y, it is better, though not necessary, that a pilgrim walks; it is permissible to ride an animal or be carried by another person or pushed on a wheelchair.

Rule 338: If his sa'y is to be considered in order, a pilgrim must carry out brisk walking between Safa and Marwah. This must also be carried

p: 117

out on the known track.

It is not permissible to do the rounds via the Mosque or along another route. However, there is also no requirement that one must walk in a straight line.

Rule 339: When walking towards Marwah, one must set his face to it. The same procedure should apply to Safa. It is not permissible to turn one's back to Marwah, when proceeding to it, or turn one's back to Safa, when returning from Marwah. However, there is no objection to merely looking to the right, left or back in the course of the walk.

Rule 340: A pilgrim must, as a matter of precaution, observe the order of rounds in sa'y. However, in the course of performing sa'y, it is permissible to sit at Safa, Marwah, or between them for rest.

Yet one must, as a matter of precaution, avoid having a break in the process, except for those who are tired, or need to interrupt sa'y to catch up with prayer at the earliest time. In these cases, one may complete the sa'y from where it had been interrupted.

It is also permissible to interrupt sa'y to attend to a need, indeed at all times. Yet one should, as a matter of precaution, complete it and then repeat it.

wuquf at Arafat) the Hajj is invalidated.

The rules applicable to such a pilgrim are the same as those governing the one who deliberately fails to perform tawaf. These have already been discussed under Tawaf.

Rule 341: If a pilgrim forgets to perform sa'y, he must perform it whenever he remembers. However, if one remembers after completing the ceremonies of Hajj, and is unable to perform sa'y personally, because of some constraint or difficulty, he must resort to appointing an agent. In both the cases, the pilgrimage will be valid.

Rule 342: If a pilgrim is unable to perform sa'y in time, even with the another person's help, he must enlist the service of another, who could carry him or push him in a wheelchair.

If help was not at hand, he may hire an agent to perform sa'y on his behalf. Inability to use a proxy, due to ill health, could be resolved by the pilgrim's next of kin, or another person, carrying it out for him. Hajj, in both the cases, will be valid.

Rule 343: A pilgrim must, as a matter of precaution, not delay performing sa'y, after having completed tawaf and its prayer. Evidently, though, it is permissible to delay it till night time to overcome tiredness or avoid hot weather, indeed at all circumstances - on the strength of the evidence (alal aqwa). Nevertheless, it is not permissible to delay it to the next day.

Rule 344: The rule, governing the doubt of doing extra rounds in sa'y, is exactly the

p: 119

same as the that governing tawaf. It invalidates the sa'y if, knowingly and deliberately, additional rounds are made.

However, if the lapse occurs out of ignorance of the rule, sa'y will evidently not be invalidated, albeit repetition is recommended, as a matter of precaution.

Rule 345: If a pilgrim, performing sa'y, makes extra rounds by mistake, his sa'y is valid. However, if the increase is a complete round or more, it is mustahab to complete seven rounds to make a full sa'y, on top of the first one. In this way he should complete it at Safa.

Rule 346: If a pilgrim deliberately falls short of the required rounds in sa'y, be he conversant with the rules or not, he shall be governed by the same rules of him who fails to do sa'y.

If the shortfall was inadvertent, he must rectify the situation whenever he remembers, evidently, whether the decrease was one round or more

If the lapse is realized after a while, such as remembering mistake made during the sa'y of Umrat-ut-Tamatu' while he is in Arafat or after the expiry of Thil Hijjah, he must hasten to repeat the sa'y, as a matter of precaution.

If, for any reason, he could not, he must hire an agent to do it for him. As a matter of precaution, the agent must do both - finish the forgotten rounds off and repeat the sa'y.

Rule 347: If, in the course of Umrat-ut-Tamatu', a pilgrim mistakenly fails to perform part of sa'y, in the belief that he

p: 120

had completed it, he must, as a matter of precaution, sacrifice a cow as a kaffarah (kaffarah ); it, as already stated, is obligatory to complete the sa'y.

some hair of the head, beard or moustache.

Evidently (al adhhar), it is not enough for taqseer to be recognized as valid that one merely plucks out hair. As it is widely held (alal mashhoor), it be accepted by cutting the nails of hand or foot, as an alternative. However it should, as a matter of precaution (alal ahwat), not be performed independent of cutting the hair first.

Rule 350: Taqseer has to be done when coming out of Umrat-ut-Tamatu'. It is not permissible to shave the head, as doing so is forbidden; it attracts a kaffarah of a sheep, if one does so knowingly and deliberately. Indeed, this could be the case in all circumstances, as a matter of recommended precaution (al ahwatil aqwa).

Rule 351: If a pilgrim, knowingly and deliberately, engage in a sexual act after sa'y, but before taqseer, he is liable to bear a kaffarah of a camel, as has been discussed under Ihram. However, if he did so in ignorance of the rule, he should be relieved of the penalty.

Rule 352: Taqseer must follow sa'y, i.e. it is not permissible to perform it before sa'y.

Rule 353: Taqseer is not obligatory immediately after sa'y. It is permissible to do taqseer wherever one pleases, whether at sa'y place, at one's house, or at any other venue.

Rule 354: If a pilgrim deliberately fails to do taqseer, and subsequently wears ihram for Hajj, his Umrah is invalidated. Evidently, his Hajj changes to Ifraad. He must perform Umrat-ul-Mufradah later. He should, as

p: 122

a matter of precaution, repeat the Hajj in the following year.

Rule 355: If a pilgrim fails to do taqseer, due to an oversight, and subsequently wears ihram for Hajj, his Umrah and ihram are valid. However he must, as a matter of recommended precaution, pay a kaffarah of a sheep.

Rule 356: When a pilgrim, in Umrat-ut-Tamatu', performs taqseer, all the prohibitions, imposed while in a state of ihram, are lifted, including shaving the head. However, as a matter of precaution, it is lawful to shave the head within thirty days from the day of Eid-ul-Fitr, but not after that period. If he deliberately does shave after the period, he must, as a matter of precaution, pay a kaffarah of a sheep.

Rule 357: In Umrat-ut-Tamatu', Tawaf-un-Nisa is not obligatory; yet there is no objection to performing it.

has already been discussed, it is permissible to wear ihram for Hajj and leave Makkah, for a legitimate business, at any time, after completing Umrat-u-Tamatu'.

Evidently, it is also permissible to wear ihram, three days earlier than should be the case, and even earlier than that in certain circumstances.

Rule 358: As has already been discussed, it is not permissible for a pilgrim performing Umrat-ut-Tamatu' to wear ihram for Hajj before taqseer. So is the case in Umrat-ul-Mufradah before completing the ceremonies of Hajj. However, it can be worn after completion of all the ceremonies, but before Tawaf-un-Nisa.

Rule 359: Whoever can make the wuquf at Arafat on the specific day and time, it is not permissible for them to delay putting the ihram on until such a time when it becomes untenable.

Rule 360: The rules governing the procedures, obligations and prohibitions of a state of ihram apply just as those governing both ihram for Umrah and Hajj. The only difference between them is in the niyyah

Rule 361: It is obligatory to wear ihram from Makkah as mentioned above. The best place for it is the Holy Mosque. It is recommended to wear the ihram after performing two raka'as of prayer at Maqam Ibrahim (a.s.) or Hijr Ismail (a.s.).

Rule 362: A pilgrim may forget to wear ihram, either inadvertently or because of ignorance of the rules, until he has left Makkah. If he remembers or becomes aware of the rules at a later time, it is obligatory on him to return to Makkah,

p: 124

even if he is in Arafat; he should wear ihram from there.

If because of limited time, or for another reason, it is not possible to return to Makkah, he should wear ihram wherever he is. Similarly, if he remembers or becomes aware after the wuquf at Arafat, he should proceed to Makkah, where possible, and wear ihram there. However, if he does not remember or acquire the knowledge until after completing Hajj, his Hajj is valid.

Rule 363: If a pilgrim knowingly and deliberately fails to wear ihram, it is obligatory on him to rectify it. Should it not be possible to do so before the stay at Arafat, his Hajj is invalidated and he is obligated to repeat it in the following year.

Rule 364: One must, as a matter of precaution, one make an optional tawaf after wearing ihram for Hajj and before departing from Makkah. If one does so, one must, as a matter of precaution, renew the talbiyah after tawaf.

wuquf. However, it is recommended to stay on the flat land to the left of the mountain.

Rule 367: What is important in wuquf is the niyyah. If a pilgrim had set out with such an intention, right from the start of time, and fell asleep or became unconscious throughout the remaining period, it suffices.

However, if his sleep or unconsciousness took place throughout the period, i.e. prior to the niyyah, wuquf will not count as valid. In contrast, if the same situation happens, but with the niyyah, there is not a clear-cut ruling (ishkal).

Rule 365: Wuquf at Arafat should, as a matter of precaution, be from the beginning of zawaal on the ninth of Thil Hijjah till sunset. Apparently, a delay caused by performing ghusl or praying Dhuhr and Asr jointly is permissible. The wuquf there for this period is obligatory and whoever fails to do so, by choice, commits a sin.

However, it is not one of the fundamentals of Hajj, i.e. if one fails to do it there for a portion of the required time, one's Hajj is not invalidated. Yet, if one deliberately fails to do there altogether, the Hajj is invalidated. Presence there is one of the requirements, not wuquf throughout the period.

Rule 369: If a pilgrim forgets to perform wuquf at Arafat or fails to do so out of ignorance, or other reasons, it is obligatory on him to perform it there for part of the Eid eve; his Hajj will then be considered valid. If he

p: 126

fails to do it there at all, his Hajj will be invalidated.

This rule applies when the pilgrim can catch up with the wuquf at Muzdalifah before sunrise; however, if he was unsure about reaching Muzdalifah before sunrise, he must confine his wuquf to Muzdalifah only; his Hajj will therefore be valid.

Rule 370: It is forbidden to depart from Arafat knowingly and deliberately before sunset. However, doing so does not invalidate the Hajj. There is no kaffarah incurred, if the pilgrim returns to Arafat. Otherwise, he must, as a matter of precaution, sacrifice a camel in Mina, not Makkah. Should this not be possible, he must observe fast for eighteen consecutive days in Makkah or on his way home.

The same rule applies to one who does it prematurely due to forgetfulness or is ignorant of the rule. It is obligatory on him to return there on remembering or becoming aware of the rule. Otherwise, he must, as a matter of precaution, pay the kaffarah in question.

Rule 371: Since performing Hajj rituals, such as wuquf at Arafat and Muzdalifah, stoning the Jamarat, and staying at Mina, is obligatory on certain days and nights of the month of Thil Hijjah, it is the duty of the pilgrim to investigate the sighting of the moon for that month, so that he can perform the ceremonies at the correct times.

If the Qadhi (Religious Authority) of the Holy Places proclaims the sighting of the moon, albeit not according to the shar'i criteria, it may be said

p: 127

to be acceptable for those convinced that the proclamation was correct. They must abide by it; their pilgrimage is valid; otherwise it will be invalidated.

Furthermore, it may be said that to follow the proclamation of such a Qadhi is sufficient, even though a pilgrim is not convinced of its validity, especially when taqiyyah requires such a practice. However, both the views are extremely problematic, i.e. not clear-cut. Accordingly, if it was possible for a pilgrim to perform all the ceremonies on the appointed times, pursuant to the accepted procedure for ascertaining the sighting of the moon, his pilgrimage is evidently valid.

Otherwise, if he ignores the opinion of the Qadhi regarding the two wuqufs [at Arafat and Muzdalifah] his pilgrimage is invalidated; if, however, he follows the opinion of the Qadhi, without making investigations, the validity of his pilgrimage is arguable (ishkal).

stay at Muzdalifah from dawn till sunrise on the day of Eid. Nevertheless, wuquf throughout the period is not one of the fundamentals of Hajj. Thus, if a pilgrim stopped there for a period of the Eid eve, then left before dawn, his Hajj is valid. Yet, if he did so deliberately, he incurs a kaffarah of a sheep. If he did so out of ignorance, there should be no penalty on him.

Rule 374: If a person does not hold wuquf between dawn and sunrise at all, his Hajj is invalid. Women, children, the fearful, the weak, the aged, the sick, and those caring for them are exempt. It is permissible for them to spend the night (Eid eve) at Muzdalifah and proceed to Mina before dawn.

Rule 375: The wuquf at Muzdalifah must be with the intention of attaining nearness to Allah alone, as is the case for wuquf at Arafat.

Rule 376: If a person forgets to hold wuquf at Muzdalifah or is, for another reason, unable to remain there between dawn and sunrise, he must do so for a period between sunrise and zawaal on the day of Eid. If he fails to do so altogether, his Hajj is invalidated.

not manage to hold wuquf at either of the places at all, his pilgrimage is invalid. It is obligatory on him to change to Umrat-ul-Mufradah in the ihram of Hajj itself.

2. It is then obligatory on him to perform Hajj in the following year, if his obligation was Hajjatul Islam, and that he still can afford it and remained obligated to discharge it.

3. He manages to hold wuquf at Arafat during the appointed period and the alternative period in Muzdalifah

4. He manages to hold wuquf at Arafat during the alternative period and at Muzdalifah during the appointed period. In these two circumstances his Hajj is undoubtedly valid.

5. If he stays at both the places during the alternative period, clearly his Hajj is valid. However, he must, as a matter of precaution, repeat it in the following year, as is the case in First above.

6. If he manages only the wuquf at Muzdalifah during the appointed period, his Hajj is still valid.

7. If he manages only the wuquf at Muzdalifah during the alternative period, his Hajj is apparently invalid, and that it should be switched to Umrat-ul-Mufradah.

8. If he manages only the wuquf at Arafat during the appointed period, apparently his Hajj is invalid, and that he must change to Umrat-ul-Mufradah. The exception to the rule is if, on his way to Mina, he passes through Muzdalifah during the appointed period and does not stay there because of ignorance of the rule.

9. In such a case, it is not far from

p: 130

correct to say that the Hajj will be valid, particularly when passing through Muzdalifah, the pilgrim was engrossed in the remembrance of Allah.

10. If he manages only the wuquf at Arafat in the alternative period, his Hajj is invalid and he must change to Umrat-ul-Mufradah.

hand. In that, if a pilgrim throws it by his mouth or feet, it is not sufficient. As a matter of precaution, it is not permissible to use a tool to fling a stone onto the Jamrah.

9. The throwing of stones must be carried out between sunrise and sunset. Women and others who are permitted to leave Muzdalifah at night may perform rami at the Jamrah at night during Eid. eve

Rule 377: If, during stoning, a pilgrim entertains a doubt as to whether the stone struck the Jamrah or not, he must resolve that it did not. The exception being that he had already engaged himself in another obligation or it was already night time when the doubt arose, in which case he must ignore it.

Rule 378: Two things are to be taken into consideration regarding the stones:

1. They must have been picked within the boundaries of the Haram but not from the Holy Mosque or the Mosque of Khief, and better still, they be picked in Muzdalifah.

2. As a matter of precaution, they must not have been used for this purpose before; it is recommended (mustahab) that they be coloured, dotted and soft and of a thickness of a finger. When stoning, should be standing on one's feet, and in a state of taharah.

Rule 379: As a matter of precaution, the stones must be hitting the area of the Jamrah representing its original height; it is not sufficient to hit the extension and elevation recently made, and so is

p: 132

the upper storey of the Jamrah recently constructed.

If it is not possible to hit the original area only, a pilgrim may, in person, hit the extended portion, and ask an agent to hit the original portion for him. In this regard, it is immaterial whether the action arises from awareness, ignorance, or oversight.

Rule 380: If a pilgrim forgot to stone on the day of Eid or failed to do so out of ignorance of the rule, he must hasten to rectify the error whenever he remembers or learns of the rule. If he recalls or becomes aware of the rule at night, he must perform rami the next day, unless he is among those permitted to do stoning at night.

Evidently, the pilgrim must, after the excuse for not stoning lapses, hasten to rectify the situation so long as he was still at Mina, and, for that matter, even at Makkah. It could still be done, even after the 13th of Thil Hijjah. However he should, as a matter of precaution, return to Mina, perform rami, and repeat the procedure in the following year in person or through a proxy.

If he recalls or learns of the rule after leaving Makkah, there is no need to return to Mina; in the following year, he must either perform rami in person or through a proxy, as a matter of recommended precaution (al ahwatil awla).

Rule 381: A pilgrim may forget to perform rami on Eid day, or fail to do so out of ignorance

p: 133

of the rule. Yet he may recall or become aware of the rule after having performed tawaf. In such a case, it is not obligatory to correct the omission. That said one should, as a matter of precaution, do so.

However, if he knowingly and deliberately fails to perform rami, his tawaf is obviously invalidated; it then follows that he must repeat tawaf after rami.

highly likely (al aqwa) that it could be delayed till the last day of Tashreeq, i.e. the 13th of Thil Hijjah. As a matter of precaution, the sacrifice must not be offered at night, except by those who have good reason not to do so.

Rule 383: If he can afford it, each pilgrim is obliged to offer one hady. As for the one who cannot afford it, this will be discussed under Rule 396.

Rule 384: It is obligatory that the animal to be sacrificed be either a camel, a cow or a sheep. It is not permissible to sacrifice a camel, unless it has completed the age of five years and has entered the sixth. If it is a cow or a goat, it must have completed two years, and as a matter of precaution, entered the third.

If it is lamb, it should have completed the seventh month and entered the eighth, and must, as a matter of precaution, have completed one year of age and entered the second.

If after the hady had been offered, a pilgrim learned that the age of the animal was less than the required one, it will not be acceptable; he will have to have a second go.

It is also necessary that all the parts of animal be sound; it must not be one-eyed, lame, without ears or with damaged horns, etc. Apparently, it should not be castrated (unless another is not found), weak, sick, very old or diseased in both testicles. There is no

p: 135

objection, if the animal's ears are injured or perforated, although they must, as a matter of precaution, be free from such defects. It must, as a matter of recommended precaution, not have been born without a tail or horns.

Rule 385: A pilgrim may purchase for hady what appeared to be a sound animal. Having paid the price, he discovers that it has a defect. It will be sufficient as a sacrifice.

Rule 386: If, during the days of Eid and Tashreeq, the pilgrim does not find an animal fulfilling all the requirements we have already outlined, it is recommended that sacrificing the animal lacking the conditions and fasting instead of hady should be resorted to.

The same applies in the case of a pilgrim who does not have sufficient money to pay for a fully fledged sacrifice. Should he afford to pay a sound animal later in the month of Thil Hijjah, it is advise to do it on top of what he has already done.

Rule 387: If an animal for sacrifice is bought in the belief that it is healthy, but it transpires that it is weak, it will still be sufficient, regardless of whether or not he found out that it was not sound before or after killing it.

If he already owns the animal, which he slaughtered under the pretext that it was sound, and it appeared that it was not, it is not sufficient, as a matter of ihtiyat.

Rule 388: If there is a doubt that an animal is

p: 136

emaciated, but is slaughtered in the name of Allah, and it transpires that it is fat and sound, it will be sufficient for the sacrifice.

The same rule applies if a pilgrim entertains a doubt, after the animal was slaughtered, as to whether it was carried out in Mina or elsewhere. However, the doubt may revolve around whether he sacrificed an animal at all. If it arose after shaving the head or taqseer, the doubt should be ignored. Otherwise, he needs to return to Mina and offer hady there.

Rule 389: If a sound animal is purchased for Hajj-ut-Tamatu' but after the purchase it, for any reason, becomes sick, or deformed, slaughtering it is arguable (ishkal). The pilgrim should, as a matter of precaution, sacrifice it as well; if he sold it, he should give the proceeds away in charity.

Rule 390: After the purchase of an animal for sacrifice, it may get lost. It may not be known that someone else had offered a sacrifice on the pilgrim's behalf. Another one should be purchased.

However, if before the second one is slaughtered, the first is found, it is sufficient to confine it to the first; the second remains the property of the pilgrim; he has the choice of slaughtering or sparing it. However he should, as a matter of recommended precaution, offer it. If the lost animal is found, after the second one was slaughtered, the first one must, as a matter of precaution, also be slaughtered.

Rule 391: If a person finds a

p: 137

stray animal, knowing that it was hady, he should, as a matter of precaution, look for its owner till the afternoon of the 12th day of Thil Hijjah. If he fails in his bid, he should slaughter it on behalf of the owner. If the owner comes to know about this, it would suffice.

Rule 392: If an animal cannot be found in time and the pilgrim has the cash ready, he should, as a matter of precaution, deposit it with a reliable person to purchase and slaughter an animal on his behalf before the end of Thil Hijjah. In the meantime, he should observe fasting.

If after the lapse of the whole month of Thil Hijjah, an animal is not found, one must be sacrificed in the following year. However, fasting, without offering the hady, may be sufficient after the lapse of the days of Tashreeq.

Rule 393: If an animal cannot be found and the cash is not available, the pilgrim must, instead, observe fast for ten days - the seventh, eighth and ninth of Thil Hijjah; the remaining seven days on returning home, as a matter of precaution. The seven-day fasting period must be observed consecutively. Fasting these days in Makkah or en route will not be in order.

If he does not return home, and remains in Makkah, he must wait till his companions get home, or the lapse of one month, before fasting the seven days.

Observing succession in fasting the first three days is a must, whereas it is

p: 138

not a condition for the seven days, although it is recommended as a matter of precaution. Fasting the first three days has to be with the pilgrim wearing his ihram for Umrat-ut-Tamatu'. If he does so before that, it shall not be in order.

Rule 394: If the person, obligated to keep the three-day fast, cannot observe a fast on the seventh of Thil Hijjah, he should keep the two on the eighth and ninth of the month, and the third on his return to Makkah, after performing the ceremonies at Mina. If he is unable to fast on the eighth, he should wait to return from Mina when he should observe the three-day fast together.

As a matter of recommended precaution, on return from Mina, the fast must be observed without undue delay. If the pilgrim becomes unable to keep the fast on return from Mina, he should fast on his way home, or on reaching home; he should not, however, join them with the seven-day, as a matter of recommended precaution.

If it becomes untenable to observe the three days until the birth of the moon of Muharram, he is relieved from the fast; thus, he must offer the hady in the following year.

Rule 395: It may not be possible for a pilgrim to find neither an animal nor the cash to buy it with; subsequently he observed the three fasts during Hajj. Should his position change whereby he becomes solvent before the lapse of the days of sacrifice, he must

p: 139

offer hady, as a matter of precaution.

Rule 396: If it is not possible for a pilgrim to offer the sacrifice on his own, but is able to join others in partnership, he should, as a matter of precaution, do so, and also observe the fast as stated above.

Rule 397: If a pilgrim deputies another to carry out the slaughter for him, and subsequently entertains a doubt as to whether or not the agent has sacrificed the animal, he must resolve the matter as though the job has not been done. However, if the agent is a reliable person and informs him that he has sacrificed the animal, that would be sufficient.

Rule 398: The conditions for the sacrifice of an animal do not apply to the slaughter of animals by way of kaffarah, although they should, as a matter of precaution, also be fulfilled.

Rule 399: It is not necessary that the animal, whether intended for hady or kaffarah, be slaughtered by the pilgrim directly. It is also permissible to authorize another person to do so. In such a case, the agent must make the niyyah on behalf of the owner of the offering, and not himself. However, as a matter of precaution, the principal must make the niyyah also. The agent must be a Muslim.

or for the consumption of his family. One-third can be given to the faithful as a gift.

As a matter of obligatory precaution (al ahwat wujuban), one-third of the hady must be given in charity to the needy among the faithful. If giving the third portion by way of sadaqah to the needy was not feasible or could cause difficulty, no harm is done. It is not obligatory to hand over this portion in person; it is permissible to hand it to an agent - even if the agent is the owner of the hady himself. He should distribute it, according to the instructions of the principal, by way of gift, sale, or any thing else. It is permissible to take the meat of hady out from Mina, if people who are there do not need it.

Rule 400: The actual division of the one third of the sadaqah, as well as that of the gift is of no consequence. What is of consequence, though, is the acquisition by the intended recipient. In that, it suffices, if he gives his one-third undivided share by way of sadaqah to the poor; the same goes for the third allocated as a gift.

Rule 401: The recipient of the portion of sadaqah or gift is free to dispose of it as he pleases, so much so that there is no objection to his giving it to non-Muslims.

Rule 402: If the carcass of the hady was stolen or forcibly snatched before distributing the meat by way of

p: 141

charity (sadaqah) or gift, it goes without saying that the owner should not stand to compensate the hady. However, if he deliberately wastes it or gives it to persons not entitled to it, he is, as a matter of precaution, liable for the one-third allotted to the poor.

pilgrim he too should, as a matter of precaution, he take to shaving.

Rule 405: If the pilgrim opts for shaving his head but is apprehensive that the barber might cause an injury to his head, it is not permissible for him to shave. He should either have a crop by a shaving machine or have taqseer first, then a shave. If he, nevertheless, still opted for shaving by a barber from the outset, it shall be in order, albeit he would be considered sinful.

Rule 409: If it is doubtful whether a person is a male or a female or a hermaphrodite, one should perform taqseer, unless they have applied some medicinal treatment or a certain hair-do to their hair. In such a case, they should, as a matter of precaution, first perform taqseer and then have their head shaven.

Rule 410: After shaving or taqseer, all that which had been forbidden to the pilgrim during ihram becomes permissible, except intimacy to the wife, use of perfume and, as a matter of precaution, hunting.

Apparently, intimacy to ladies is not confined to intercourse, rather it applies to all types of enjoyment which are forbidden during ihram. However, it could be said that the pilgrim can attend marriage solemnization and be a witness at it.

Rule 411: If the pilgrim forgets to perform either taqseer or shaving, or fails to do so out of ignorance of the rule, and then leaves Mina, he should return to it and perform either of them.

However, if it becomes

p: 143

difficult to return, he should do so wherever he is. Where possible, he should send the cut hair to Mina. If the pilgrim shaves his head somewhere, other than Mina, even deliberately, it is sufficient. Yet, where possible, he should send the cut hair to Mina.

Rule 412: The Pilgrim may forget to perform either taqseer or shaving; he may fail to do so out of ignorance of the rule. If he recalls or learns of the rule after completing Hajj ceremonies, and then performs either of them, it is, evidently, not necessary to repeat the tawaf and sa'y, although one should, as a matter of precaution, repeat them.

with the help of another person, in a way or another as has already been discussed in Rule 326.

Rule 420: If a man deliberately fails to perform Tawaf-un-Nisa - regardless of whether or not he did it inadvertently or was aware of the rule - his wife is forbidden to him, until it is performed.

If it proves difficult for him to perform it himself, he can hire an agent to do it for him. When the agent has performed it on his behalf, he shall be in a position to resume intimacy with his wife.

If he dies before performing it, and his eldest son performs it on his behalf, the obligation is met. Otherwise it must, as a matter of precaution, be performed qadha. The expenses must be met from the shares of the adult heirs, with their approval.

Rule 421: It is not permissible to perform Tawaf-un-Nisa before sa'y. If one deliberately does so, it is obligatory to repeat it after sa'y. But if it is done out of ignorance of the rule or due to an oversight, it, apparently, is in order; however one must, as a matter of precaution, repeat it.

Rule 422: It is permissible to perform Tawaf-un-Nisa before the two wuqufs, for people mentioned in rule 412 above. However, they would not be able to resume intimacy with their wives until after performing the ceremonies at Mina, i.e. rami, slaughtering hady and shaving or taqseer.

Rule 423: If a woman's monthly period sets in and her companions could

p: 145

not wait for her becoming clean, it is permissible for her to abandon Tawaf-un-Nisa and leave with them. In such a case, she should, as a matter of precaution, hire an agent to perform tawaf and say its prayer on her behalf.

If, however, the menstruation commences after she had performed the fourth round, it is permissible for her to abandon the remaining rounds of tawaf and depart with her companions. She should, as a matter of precaution, hire an agent to perform the remaining rounds and say the prayer on her behalf.

Rule 424: The rules applicable to forgetting to say prayer after Tawaf-un-Nisa are the same as those for forgetting to say it after tawaf of Umrah which has been mentioned under Rule 329 above.

Rule 425: Intimacy between man and wife can only be resumed, after both have performed Tawaf-un-Nisa and said its prayer. The prohibition on hunting remains, as a matter of precaution, till the zawaal of the thirteenth [of Thil Hijjah]. Cutting of trees and grass, and hunting in the Haram is forbidden anyway as has already been stated.

of ihram, must also spend the night of the thirteenth in Mina. As a matter of precaution, so must one who has not abstained from sex while in a state of ihram.

Apart from these two categories, the remaining pilgrims can leave Mina after Dhuhr of the twelfth; if, however, they delay their departure till night falls, they must spend the eve of the thirteenth in Mina till dawn.

Rule 426: The pilgrim may embark on leaving Mina and actually leaves the premises he occupies there, but, due to the traffic or any other reason, he gets held up. It then follows that, if it is possible for him to spend the night there, it is obligatory to do so. If, however, it was not feasible, he is permitted to leave Mina. He should, as a matter of precaution, sacrifice a sheep as a kaffarah.

Rule 427: If it becomes obligatory on a person to spend the night in Mina, it is not necessary for him to spend the whole of the following day there also. He needs to stay just long enough to perform rami of the three Jamarat.

Nor is it obligatory to spend the entire night there; it is enough to remain there from the beginning of the night till a little after midnight, or from a little before midnight till dawn.

It is preferable that he should spend the first half of the night there but must not enter Makkah before sunrise, as a matter of preferred precaution.

Rule 428: The exceptions

p: 147

to the rule of staying in Mina are the following categories:

A person who finds it difficult to stay for fear of endangering their life or property;

those spending the whole night in worship in Makkah, except for the time needed to meet necessities like food, drink, etc.;

those who, having performed the tawaf, remain in prayer, then leave Makkah, and get beyond Aqabatil Madaniyyeen. They can sleep en route before getting to Mina, and

people who supply the pilgrims with water.

Rule 429: One who fails to spend the nights in Mina must pay a kaffarah of a sheep for every night, except for the groups in (2), (3) and (4) above.

As a matter of precaution, even those who fail to do so inadvertently or out of ignorance of the rule, or are excused from spending the nights there, must sacrifice a sheep by way of kaffarah.

Rule 430: A person who leaves Mina, then re-enters at night on the eve of the thirteenth for some business, does not need to spend the night there.

Last. If this order is not followed, even due to an oversight or ignorance of the rule, the procedure must be repeated to achieve the proper sequence.

However, if one forgets or misses a Jamrah and throws four stones at the subsequent one before realising, he may complete the seven; there is no need to repeat the rami of the subsequent one.

Rule 432: The obligations already set out under 'The Fourth Obligation - 1 Rami of Jamratil Aqabah', above, apply to the stoning of all the Jamarat.

Rule 433: The stones must be thrown at the Jamarat during the day. The exceptions to the rule are those excused on grounds of ill health, fearing danger to their life, or any other valid reason, since they are permitted to carry out rami at night instead of day time.

Rule 434: If a person fails to perform rami on the eleventh through ignorance or oversight, it is obligatory on him to make up for it on the twelfth by way of qadha.

If a person forgets to do so on the twelfth, he must make up for it on the thirteenth. As a matter of precaution, the one who deliberately fails to perform rami is in the same boat as the ignorant.

Also one should, as a matter of precaution, differentiate between ada' and qadha obligations; the qadha must precede the ada'; the qadha at the beginning of the day, and the ada' at zawaal, as a matter of preferred precaution (al ahwatil awla).

Rule 435: If a

p: 149

person fails to perform rami due to oversight or ignorance and remembers after reaching Makkah, it is obligatory on him to return to Mina to perform it.

If he had forgotten to perform rami on two or three days, he must, as a matter of precaution, observe an interval between rami for the different days.

If he recalls after leaving Makkah, it is not obligatory to return to Mina, but he must perform the qadha in the following year in person, or by an agent, as a matter of preferred precaution.

Rule 436: The pilgrim who cannot perform rami in person, such as the sick, should hire an agent to do it on his behalf. It is preferable that he should be present at the place of jamarat to witness his agent in action, if possible.

If the agent is performing rami on his behalf at a time when there is no hope of recovery, yet the pilgrim subsequently recovers, he should, as a matter of precaution, perform rami in person. However, if he is not able to hire an agent because of ill health, his guardian or any other person can perform rami on his behalf.

Rule 437: Failure to perform rami does not invalidate Hajj, even if it was deliberate. However, it is obligatory to perform it qadha in person or by an agent in the following year, as a matter of precaution.

the one who, after assuming a state of ihram, receives such a treatment at the hands of the enemy, or due to any other force majeure, resulting in the pilgrim not able to perform Hajj or Umrah.

Rule 439: Should this happen in Umrah Mufradah, and the pilgrim was accompanying his hady, he could undo his ihram after slaughtering the hady at the place where he was prevented from proceeding to the holy places. If he wanted to undo his ihram, yet he was not in possession of hady, he should obtain an animal and sacrifice it, as a matter of precaution.

He should, as a matter of precaution, too perform taqseer or shaving. This also applies to the pilgrim, in Umrat-ut-Tamatu', who was prevented from performing Hajj. However, if he was prevented from getting to the Ka'ba before the two wuqufs, in particular, his obligation could turn into Hajj-ul-Ifraad.

Rule 440: A Pilgrim, performing Hajj-ut-Tamatu', could be prevented from holding the two wuqufs or, in particular, the one at Muzdalifah. He should, as a matter of precaution, perform tawaf and sa'y, then shave his head and sacrifice a sheep to end his state of ihram.

If he was prevented from tawaf and sa'y after the two wuqufs, the ceremonies at Mina, and was unable to hire an agent, he must offer the hady at the place where he was turned away.

If it is possible to hire an agent, he must, as a matter of precaution, do both, i.e. offer the hady and hire

p: 151

an agent to complete the ceremonies on his behalf.

If a person was prevented, especially from the ceremonies at Mina without affecting his entry into Makkah, he must, where possible, hire an agent to perform rami and offer the hady on his behalf. He can then have his head shaven or perform taqseer and, if possible, send his hair to Mina. Only then, can he come out of ihram, and perform the remaining rituals.

If it was not possible for him to hire an agent, he could be relieved from offering the hady; instead, he must fast, have his head shaven or perform taqseer. He can then proceed to Makkah to complete the ceremonies. All prohibitions observed in a state of ihram, including those regarding intimacy with his wife, shall be lifted. His Hajj will be valid.

Rule 441: By offering the sacrifice, a person prevented from performing Hajj or Umrah is not relieved of his obligation to perform them. If the intention was to perform Hijjatul Islam, and he was turned away, then ended his ihram by offering the hady, he remains liable to discharge this obligation. It is obligatory on him to perform it afresh, so long as he can afford it.

Rule 442: If he was prevented from returning to Mina to spend the night there and perform rami, this shall not detract from his Hajj. The rules governing the pilgrim who is turned away do not apply in this case.

However, he must hire an agent to perform rami on his

p: 152

behalf in that year. Should this not be possible, it must be carried out in the following year, either in person, if he was present there and then, or by his agent, as a matter of preferred precaution.

Rule 443: Insofar as the hady is concerned, there is no difference whether it is a camel, a cow, or a sheep. If the pilgrim is unable to offer the sacrifice, he should, as a matter of precaution, fast for ten days instead.

Rule 444: If the pilgrim, in a state of ihram, does have sex with his wife before the wuquf at Muzdalifah, he must complete the remaining ceremonies and repeat the Hajj as mentioned earlier.

However, if he is prevented from completing the ceremonies, the rules relating to the prevented (almasdood) pilgrim would apply to him. Nevertheless, he should bear a kaffarah for having sex in addition to sacrificing the animal for hady.

his ihram.

Should this not be possible, he is permitted to offer the hady where he is, whereby he can be acquitted of his obligation. If the eventuality arises during Hajj, the rules stated above will apply. However, the place of sacrifice is Mina and the time is Eid day.

In all the above-mentioned cases, the pilgrim in question is relieved of his obligations, barring intimacy with his wife. However, in both Hajj and Umrah, only after he has completed tawaf and sa'y can he be absolved of the responsibility.

Rule 447: During Umrah, the pilgrim may become sick. Accordingly, he dispatches an animal for sacrifice. He then recovers, so much so that he is now able to continue with his journey to Makkah and arrives there before the animal is offered. In such a case, he must sacrifice it himself.

Assuming that it was Umrat-ul-Mufradah, his obligation is only to complete it. If it was Umrat-ut-Tamatu' and he was able to complete its ceremonies before the zawaal of the day of Arafat, he should do so; otherwise, his Hajj should evidently switch to Hajj-ul-Ifraad. The same rule applies, if he had not dispatched an animal for sacrifice, waited till recovery, and was able to continue the journey.

Rule 448: If the pilgrim falls sick and sends the hady, then he recovers that he feels he could perform pilgrimage, he should join in the ceremonies. If he fulfils the requirements of the two wuqufs or, in particular, the one at Muzdalifah, he will have performed

p: 154

the Hajj, as stated above. He should complete the ceremonies and offer the hady.

However, if he fails to get there and no one offered the hady for him, his Hajj will turn into Umrat-ul-Mufradah. However, if some one did the job for him, he will be relieved from the restrictions imposed while in a state of ihram, except for intimacy with his wife. It is obligatory on him to perform tawaf and sa'y, in Hajj or Umrah, to resume sexual relationship with his wife.

Rule 449: If a person is prevented from performing tawaf and sa'y because of illness or the like, he can hire an agent to perform them on his behalf. However, he must say tawaf prayer when the agent has completed the tawaf.

If he was prevented from proceeding to Mina and performing its ceremonies, he must deputize somebody to perform rami and offer hady. Then he must shave his head or do taqseer and send his hair to Mina, if possible. He should then complete the other rituals.

Rule 450: If the pilgrim is prevented from performing pilgrimage, then dispatches the hady, but before reaching the appointed place, he complained of headache, it is permissible for him to shave his head. If he does so, he must sacrifice a sheep at the place, fast for three days, or feed six poor persons with two muds of food each [equivalent to one and a half kilos].

Rule 451: By offering the sacrifice, the pilgrim in question can only be spared the

p: 155

prohibitions of ihram, but not relieved of his obligation to performing Hijjatul Islam. He must repeat it in the following year, so long as he remained solvent and obligated to perform it.

Rule 452: If the pilgrim in question does not offer the hady, nor has he the money to pay for it, he must observe fast for ten days.

Rule 453: The pilgrim, in a state of ihram, may find himself in a position where he is unable to continue his journey to the holy places to perform the ceremonies of Umrah or Hajj, for reasons other than those stated above.

If he is in Umrat-ul-Mufradah, he should, as a matter of precaution, offer the hady, and shave his head or do taqseer where he is; only then can he be relieved of the state of ihram he was in. The same rule applies to Umrat-ut-Tamatu'. Otherwise, his obligation should apparently change to Hajj-ul-Ifraad.

However, if in the course of the Hajj, he was unable to hold the wuqufs at Arafat and Muzdalifah, and especially the one at Muzdalifah, he could be relieved of his ihram by way of Umrat-ul-Mufradah.

Rule 454: A group of jurists make a special provision in the case of the pilgrim who does not bring the hady with him, vowing at the time of wearing ihram to the effect that Allah relieves him at the place where he has been prevented from getting to the holy places by an enemy, illness, or any force majeure.

They are of the opinion

p: 156

that, having made this vow, the pilgrim can be relieved of all the prohibitions of ihram, and that there is no need for him to offer the hady, shave, perform tawaf or sa'y, necessary to resume sexual union with his wife.

Although this opinion could be tolerated, yet one should, as a matter of precaution, observe the procedure for undoing one's ihram at the time when the obstruction arises, as discussed in the preceding Rules. Accordingly, such condition becomes redundant.

This concludes the obligations of Hajj. We can now turn to the code of conduct that would guide the pilgrim through carrying out that which is commendable to do and yield the reward from the Almighty. Scholars have covered this area in detail. So, we think that outlining some mustahab acts of worship, in the course of performing Hajj, in this work should suffice.

be repeated.

4. If after the ghusl, one urinates, eats or wears clothes forbidden in a state of ihram, it is recommended that the ghusl be repeated. A ghusl performed during the day will last to the end of the night which follows and the ghusl made in the night will last to the end of the following day.

5. At the time of ghusl, one can say the following supplication as stated by Sadooq:

6. (I commence by the name of Allah and seek help from Him. O Allah render this ghusl an illumination for me and that it may purify me, protect me from all fears and be a cure for all ills. O Allah! purify me and my heart, broaden my chest and that my tongue may utter words of love, adoration and praise for You as there is no strength for me but You and I know that my religion is submission to You and following the practices of Your prophet, may Your peace be on him).

7. At the time of wearing the ihram, you may say the following supplication:

8. (All praise to Allah who has graced me with clothes to cover my body, perform my duties, worship my Sustainer and reach where He has commanded me. All praise be to Allah who, when I directed my course towards Him, reached me; when I directed my intentions towards Him, assisted me, drew me closer and did not shatter me; when I sought His pleasure, granted me peace. He is

p: 158

my fort, refuge, protector, support, hope, salvation, saviour and my provider in times of hardship and comfort).

9. The cloths for ihram be made of cotton.

10. The ihram be worn after dhuhr prayer. If this is not possible, it be worn after any daily prayer or after the recitation of two raka'as . It is preferable that in the first raka'a, after the recitation of the Chapter of Al-Hamd, the Chapter of Tawheed be said and in the second raka'a, after the Chapter of Al-Hamd, the Chapter of Kafiroon be said. After the prayer, Allah be praised and may peace be with the Holy Prophet and his pure progeny.

11. Then the following could be said: (O Allah! include me among those who have responded to Your call, have faith in Your promise and follow Your command, for I am Your slave in Your confinement. I cannot be saved, except by You, and cannot take, except what You grant. You have reminded us of Hajj. I beseech You that You make me firm on Your book and the practices of Your Prophet (s.a.w.). Grant me strength where I am weak and that I may perform what is incumbent on me with ease and health. Include me among those whose arrival pleases You, You are pleased with, You call by name and have recorded. O Allah! I have travelled from far and have spent my property to attain Your pleasure.

12. O Allah! accomplish my Hajj and Umrah. O Allah! in compliance with Your

p: 159

book and the practice of Your Prophet (s.a.w.), I intend to perform the Umrat-ut-Tamatu' for Hajj. If any impediment comes in my way, remove it by Your power. O Allah! if I do not achieve the Hajj, I may at least the Umrah. I forbid myself, for Your sake, my hair, body, flesh, blood, bones, brain, my union with my wife, clothes and perfume so that I may attain Your pleasure and the Hereafter).

13. Make the niyyah (intention) for ihram together with talbiyah.

14. It is recommended that men say the talbiyah aloud.

15. Say during the talbiyah:

16. (I am present, O High, I am present. I am present, O one who calls towards Heaven. I am present, I am present O Forgiver of sins. I am present, I am present O One who owns my presence. I am present, I am present O Mighty and Generous. I am present, I am present O You who first created and to whom all will return. I am present, I am present O One who is free from want and to whom all turn for their needs.

17. I am present, I am present O who is feared and to whom there is inclination. I am present I am present, O true God. I am present O the One with Grace, Excellence, Goodness and Beauty. I am present O one who averts major calamities. I am present, I am present Your servant and the son of Your servant. I am present, I am present O

p: 160

Generous, I am present).

18. Then say:

19. (I am present seeking closeness to You through Muhammad and his progeny. I am present, I am present for Hajj or Umrah, I am present, I am present. And this is the Umrah connecting to the Hajj. I am present, I am present; my presence is certain and so is my communication to You).

20. The talbiyah constantly repeated in a state of ihram, when waking from sleep, after every prayer, when embarking on a vehicle, riding, disembarking or dismounting, while climbing or descending, when meeting other riders or in the desert; and even in the condition of janabah or menstruation. It must not be stopped in the Umrat-ut-Tamatu' until the houses of Makkah appear and in Hajj-ut-Tamatu' till the zawaal of the day of Arafat.

I am present.

solemnity. For those arriving from the route of Madinah, it is recommended that they enter from the elevation and depart from there by its lower side. If the entry is by the gate of Bani Shaiba, albeit little known because of the expansion of the Mosque, some say it is like the gate of Bab-es-Salaam, yet it is it is preferred to enter through the Bab-es-Salaam and proceed straight until one faces the pillars. It is recommended to stop at the gate of the Mosque and say:

(May peace be with you, O Prophet and may the mercy and blessings of Allah be on you. In the name of Allah and by Allah and by His wish. Peace be with with! with the Prophets of Allah and His Messengers. Peace be with with! with the Messenger of Allah. Peace be with with! with Ibrahim, the friend of Allah and all praise is to Allah, the Sustainer of the universes).

Then enter the Mosque concentrating on the Holy Ka'ba and, raising hands towards the sky, say:

(O Allah! I beseech You in this holy place and in the first of my ceremonies to accept my repentance, forgive my sins and relieve me of the load on my back. All praise be to Allah who helped me reach the Holy House. O Allah! I bear witness to You that this is Your Holy House which You have made a refuge for men, a blessed place and a guide for the worlds. O Allah! I am

p: 163

Your servant, this city is Your city and this House is Your House.

I have come here to seek Your mercy and submit to You, following Your command and content with Your arrangement of destiny. I ask as a beggar fearful of Your punishment. O Allah! open for me the gates of Your mercy and keep me occupied in obedience to You and seeking Your pleasure).

According to another report, the following be said at the gate of the Mosque:

(I commence by the Name of Allah, by Him, from Him, towards Him, by His wish and on the following of the Holy Messenger (s.a.w.). The Holy Names belong to Allah. All praise is to Allah. Peace be with the Messenger of Allah. Peace be with Muhammad, son of Abdullah. Peace be with you, O Prophet of Allah and may the mercy and blessings of Allah be with you. Peace be with the Prophets of Allah and His Messengers.

Peace be with Ibrahim, the friend of the Merciful. Peace be with the Prophets. All praise is to Allah, the Sustainer of the universes. Peace be with us and on the virtuous servants of Allah. O Allah! send Your blessings on Muhammad and his progeny, bestow on them Your benediction and have mercy on them as You blessed, sent benediction and had mercy on Ibrahim and his progeny, You are Praiseworthy and Glorious.

O Allah! bless Muhammad and his progeny, Your servant and Messenger. O Allah! bless Ibrahim, Your friend and Your Prophets and Messengers and

p: 164

bestow peace on them. Peace be with the Messengers. All praise is to Allah, the Sustainer of the universes. O Allah! open for me the gates of Your mercy. Keep me occupied in Your obedience and seeking Your pleasure. Protect me that I guard my faith to my last, Exalted is Your Praise. All praise to Allah who made me one of His callers and visitors, attendants in His Mosque and supplicants.

O Allah! I am Your servant and visitor to Your House. There are rights of callers over the host and You are the best of the givers and the most Generous. I beseech You, O Allah! O Merciful, You are Allah, there is no God but You, You have no partner, for You are One and on whom all depend. You were not born and do not give birth and there is none like You. Verily, Muhammad is Your servant and Messenger, may Your blessings be on him and his Household. O Magnanimous, O Generous, O Glorious, O Mighty, O Generous, I beseech You that of the gifts You grant me for visiting You, the first be the protection from the fire of Hell).

Then say thrice:..

(O Allah! save my neck from the fire of Hell).

Then say:

(And increase my lawful and pure sustenance and protect me from the evil of the devils, jinn and men and the godless of the Arabs and the non-Arabs).

It is recommended then to face the Black Stone and say:

(I bear witness that there is no

p: 165

God but Allah, He is One and has no partner and that Muhammad is his servant and Messenger. I believe in Allah and disbelieve in false gods, Laat, Uzza and the worship of devils and all those who call for worship other than Allah).

Then the pilgrim should move to the Black Stone, hold it, and say:

(All praise to Allah who has provided us this guidance, for we would not otherwise have been guided. Glory to Allah, all praise is due to Him, there is no God except Allah and Allah is Great. Allah is greater than His creatures. Allah is greater than whom I fear and beware. There is no God except Allah, He is One and without any partner. All land belong to Him and all praise is due to Him. He grants life and ends it. He ends life and grants it. He is alive and never dies. All good emanates from Him and has power over all things).

One must then pray for the Holy Prophet and his progeny and for all the Prophets as was done at the time of entry into the Holy Mosque. Then say:

( I believe Your word and have faith in Your promise).

It has been authentically reported by Abi Abdillah (a.s.) that when you come close to the Black Stone, raise your hands, praise Allah, pray for the Holy Prophet and ask Allah to accept your acts of worship. Then hold the Black Stone and kiss it. If it is not possible to

p: 166

kiss it, just hold it by hand, and if even doing so is not possible, point at it and say:

(O Allah! I have discharged the trust reposed with me and fulfilled my promise so that You can be witness of my fulfilment. O Allah! I have brought faith in Your Book and the practices of Your Prophet (s.a.w.). I bear witness that there is no God except Allah, He is One and has no partner and that Muhammad is his servant and Messenger. I have faith in Allah and disbelieve in false gods, Laat and Uzza, the worship of devils, and all those who call for worship other than Allah).

If it is not possible to say the whole of the above supplication, a portion of it may be said and then say:

(O Allah! I have extended my hands towards You and have great expectations from You. Accept my endeavours, forgive me and shower mercy on me. O Allah! I seek refuge from infidelity, poverty and disgrace in this world and in the Hereafter).

Moosa (Moses) supplicated to You on Mount Sinai and You granted his supplication and met him with love. I beseech You by Your name by which You granted forgiveness to Muhammad of his past and future sins and completed Your bounty on him, treat me with (ask for your wishes).

When You reach the gate of the Holy Ka'ba, pray for Muhammad and his holy progeny (a.s.) and say between Rukn-ul-Yamaani and the Black Stone:

(O Allah! grant me goodness in this world and the Hereafter and save me from the fire of Hell).

And say during tawaf:

(I am in need for Your mercy, fearful and seeking Your refuge. Do not change my body or my name).

Imam Sadiq (a.s.) has said that when Ali bin Hussein (a.s.) reached the Hijr (enclosure) of Ismail (a.s.) before reaching the Meezaab, he would raise his head and say while looking at the Meezaab:

(O Allah! place me in Heaven by Your mercy, save me, by Your mercy, from the fire, protect me from evil, increase for me lawful sustenance, and save me from the viciousness of the jinn, men, Arabs and non-Arabs).

It has been authentically reported from Abi Abdillah (a.s.) that when You reach the back of the Holy Ka'ba having passed the Hijr (enclosure), say:

(O one of bounty, might, generosity and nobility, my devotions are weak, make them stronger and accept them from me, verily You are All-Hearing, All-knowing).

It has been reported from Abul Hassan Ridha (a.s.) that on reaching the Rukn-ul-Yamaani, one should raise hands

p: 168

in supplication and say:

(O Allah! O Controller of health and its Provider, One who grants it, One who bestows it as a reward or as a grace on me and all creation, O Merciful in this world and the Hereafter, shower Muhammad and his progeny with Your blessings, grant me health, lasting and complete and thankfulness for it, in this world and in the Hereafter, by Your mercy, O Most Merciful of the merciful).

It has been reported from Abi Adillah (a.s.) that when the pilgrim completes the tawaf and reaches the `Mustajaar' which is a little before the Rukn-ul-Yamaani, he must stretch his hands onto the Holy Ka'ba, cling to it and say:

(O Allah! this House is Yours and this creature is Yours and this is the place for taking refuge in You from the fire of Hell).

Then make confession of your sins for there is no faithful who makes confessions to his Lord in this place without Allah forgiving him, Allah willing, and say:

(O Allah! comfort, success and health come from You. O Allah! my devotions are weak and so grant them strength and forgive me the sins which are so apparent to You but concealed from Your creatures).

Then seek refuge in Allah from the fire of Hell and engross yourself in supplication. Then hold the Rukn-ul-Yamaani as is stated in another report from him (a.s.). Then kiss the Rukn-ul-Yamaani and the corner where the Black Stone is placed and say:

(O Allah! grant me contentment in the sustenance You

p: 169

have provided me and bestow Your blessings on it).

It is recommended to hold on to each corner of the Holy Ka'ba in each tawaf and when holding the Black Stone say:

( I have discharged the trust reposed with me and fulfilled my promise so that You can be the witness of my fulfilment).

and pour a little on the head, back and body and say the supplication mentioned above. Then one must proceed to the Black Stone and from there to Safa .

the Hereafter and spare us the fire of Hell).

Then say a hundred times: Allahu Akbar, La ilaha illallah, Al-Hamdulillah, Subhanallah, each; then say:

(There is no God but Allah, He is only One, He has accomplished His promise, He has helped His servant and singly overpowered the groups of infidels. All property belongs to Him and all praise is due to Him, Him alone. O Allah! bless my death and what happens after it. O Allah! I seek refuge from the darkness and loneliness of the grave. O Allah! grant me shelter under the shade of Your Throne on the day when there will be no shelter except Yours).

Then say:

(I leave my religion, myself and family in the hands of Allah, the Merciful, the Beneficent, who does not let anything deposited with him to be lost. O Allah! keep me steadfast in following Your Book and the practices of Your Prophet, keep me among his followers until my death and save me from dissension).

Then say thrice Allahu Akbar and repeat the above supplication twice. Then chant takbeer and repeat the supplication. If it is not possible to perform all this, one may say a portion of it.

It has been reported from Imam Ali (a.s.) that when one climbs the Safa, one must face the Holy Ka'ba, raise one's hands in supplication and say:

(O Allah! forgive all my sins whenever I may have committed them and if I repeat them, forgive me again, for You are Forgiving and Merciful. O Allah! deal

p: 172

with me as it befits You and if You would do so, You would have mercy on me. You are free from any need to punish me but I am in need of Your mercy, have mercy on me.

O Allah! do not deal with me as I deserve, for if You do so, You will punish me without being unjust to me. I fear Your justice but have no fear of injustice from You. O One who is absolutely Just, have mercy on me).

It has been reported from Abi Adillah (a.s.) that if one seeks to increase one's wealth, one should wuqufat Safa longer. It is recommended to perform the sa'y by walking in peace and dignity. When men reach the first minaret, they should hasten the pace till the location of the second minaret. There is no such recommendation for women.

Then one should continue to walk with peace and awe till one arrives at Marwah where one should repeat what was done at Safa and return from Marwah to Safa in the same manner. If one is riding, one should hasten the pace between the minarets. One must perform the sa'y in earnestness, weeping and supplicating intensely.

one reaches Abtah when it must be said aloud. When one heads for Mina, one should say:

(O Allah! I place all my hopes in You and supplicate to You. Fulfil my hopes and put my actions in order).

Then proceed to Mina peacefully and with respect, engrossed in remembrance of Allah; on reaching there, say:

(All praise is due to Allah who brought me to Mina in sound health and got me thus far).

Then say:

(O Allah! this is Mina where You have graced us with performance of ceremonies. I beseech You for the grace You have bestowed on Your Prophets, for I am one of Your servants and in Your power).

It is recommended that the eve of Arafat be spent in Mina in worship; its preferred form is prayer in the Mosque at Kheef. After dawn, one must continue in prayer till sunrise and then move to Arafat. There is no objection to departing from Mina before sunrise. When one turns to Arafat, one should say:

(O Allah! I turn to You, repose trust in You and seek Your pleasure. I beseech You to bless my journey, fulfil my wishes and include me among those superior to me whom You honour today).

When one should say the talbiyah till one reaches Arafat.

the two prayer of Dhuhr and Asr with one adhan and two iqamaas.

6. Recitation of supplications, the most famous of which is ones attributed to Imam Hussain (a.s.) and his son Imam Zainul Abideen (a.s.) which will be set out.

It has been authentically reported from Mu'awiyah bin Ammar that Abi Abdillah (a.s.) stated, “Hasten to your prayer and gather yourselves to indulge in supplications for it is a day of supplications and prayer. Then find yourself a place where You can have peace, and with solemnity praise and glorify the Oneness of Allah. Recite the Allahu Aakbar a hundred times, the Alhamdu Lillah a hundred times, Subhanallah a hundred times. Then recite the Chapter of Ikhlas a hundred times, followed by supplications of your choice.

One must make great effort to indulge in worship for it is a day for supplications and seeking refuge with Allah from Shaitan (Satan) who does not spare opportunity to divert your attention, especially on that day. One must not engage in looking at others, but be concerned with oneself and say:

(O Allah! I am Your servant. Do not include among those who do not hope to be close to You. Have mercy on my having travelled to You from far-flung nook).

Then say:

(O Allah! the Sustainer of all the places for the ceremonies. Spare me the fire of Hell, increase my sustenance from lawful sources and keep me away from harm, from the evil ones among the jinn and mankind).

Then say:

(O Allah! I ask You by

p: 175

Your power, generosity, charity, favour and bestowal, O the Best of the Listeners, the Greatest of those who see, the Quickest in taking account and the most Merciful of the merciful, shower Muhammad and his progeny with Your blessings and grant me (and then ask your wishes).

Then, raising your head towards the sky, say:

(O Allah! I have a wish which if You grant will not affect what You have refused me but if You reject that wish, I will not benefit from anything else You grant me. I pray to You to spare me the fire of Hell).

Then say:

(O Allah! I am Your slave and belong to You, my forelock is in Your hands, my destiny is in the domain of Your knowledge. I seek that I do what would please You and accept from me the performance of the rituals which You showed to Your friend, Ibrahim (a.s.), and, by them, guided Your Prophet Muhammad (s.a.w.)).

Then say:

(O Allah! include me among those whose actions have pleased You, whose lives You have elongated and granted them life after death pure lives).

Then say the following supplication taught by the Holy Messenger (s.a.w.) to Ali (a.s.) as reported by Muawiyah bin Ammar from Abi Abdillah (a.s.):

(There is no God but Allah, He is One without any partner. All property belongs to Him, all praise is due to Him. He grants life and death and death and life. He is eternally living and does not die. All good is in his hands and

p: 176

He has power over all things. All praise is due to You as You state, for what You state is better than any other statement. O Allah! my prayer, worship, living and death are for You. All the power with me is from You and all my strength is from You. O Allah!

I seek refuge in You from poverty, wicked intentions, adversity of affairs, the fire of Hell and the torments of the grave. O Allah! I seek from You the goodness that comes from the wind, and seek refuge from the evil caused by the wind, and the goodness from the day and night).

Among the supplications reported by Adullah bin Maymoon from Abi Adillah (a.s.) is that, during his wuqufin Arafat, the Holy Messenger (s.a.w.) used to say at the time of sunset before departure:

(O Allah! I seek refuge in You from poverty, adverse affairs, the evils of night and day. Let my transgressions be sheltered by Your forgiveness, my fear by Your security, my abasement by Your honour and my mortality by Your eternity.O the Best from whom to seek and the Most Generous to give, envelope me with Your mercy, clothe me with health from You, and keep away from me the evil of all Your creation).

Abu Basir has reported from Abi Adillah (a.s.) that the following be said when the sun has set on the day of Arafat:

(Do not make this my last wuqufin this place and grant me future visits to this place so long

p: 177

as I live and make my wuqufsuccessful and providing for me salvation, mercy and forgiveness better than the day has provided to the other guests and pilgrim to Your Holy House. Make me today the most honourable of Your visitors, grant me more goodness, prosperity, mercy and forgiveness more than You have granted any of them. On my return, bless me with children, wealth, little or more, and make me a blessing for them too).

You to accumulate in my heart. I ask You to grant me the knowledge of this place which You granted to Your chosen ones and guard me against the assembly of evils).

8. To remain in state of taharah, saying prayer, praising Allah, remembering Him and His greatness as much as possible, and praying for the Holy Prophet and his progeny, and then say:

9. (O Allah! Lord of the Holy Mash'ar, spare me the fire of Hell, increase my lawful sustenance and keep me away from the harm of the evil ones among the jinn and mankind. O Allah! You are the best to turn to, the best to beseech, and the best to be supplicated to.

10. There is a reward for every visitor, and in this place, I aspire that my reward be that You forgive my slips, accept my plea, forgive my sins, and make piety my provision from this world).

11. Collect seventy stones in Muzdalifah for throwing at jamarat.

12. When passing through Wadi Muhassar, one should accelerate pace and say:

13. (O Allah! make me keep my covenant, accept my repentance, answer my wishes and look after those I have left behind).

O Allah! I believe in Your book as true and the tradition of Your Prophet. O Allah! accept my Hajj, my acts and my devotions, and forgive my sins).

6. Throw the stones at Jamrat-ul-Aqabah from the distance of ten to fifteen steps.

7. While throwing the stones at Jamrat-ul-Aqabah, face it with the back to the qiblah but throw the stones at the First and Middle, facing the qiblah.

8. Place the pebble on the rear of the thumb and push it with the nail of the index finger.

9. When back in Mina, say:

10. (O Allah! my faith and trust is in You and You are the best Sustainer, Master and Helper).

in his hand and the person slaughtering the animal should hold the hand of the pilgrim; there is no objection to the pilgrim holding the hand of the person slaughtering the animal.

it and chant takbir. Then perform tawaf as is done on entering Makkah.

recommended are:

1. Remembrance of Allah a great deal and the recitation of the Holy Qur'an.

2. Recitation of the entire Holy Qur'an.

3. Drinking the water of Zamzam and then saying:

4. (O Allah! grant me knowledge which is beneficial, great sustenance and relief from pains and illnesses).

5. Then say:

6. ( By the Name of Allah, all praise is due to Allah and I thank Allah).

7. Looking in abundance at the Holy Ka'ba.

8. Make tawaf of the Holy Ka'ba ten times: three times in the first part of the night, three at the end of the night, twice after dawn and twice after dhuhr.

9. Three hundred and sixty tawaafs be performed during the wuqufin Makkah; if it is not possible to do so, fifty two tawaafs be performed, and if not, as many be performed as possible.

10. For the person performing their maiden pilgrimage, it is recommended that they do ghusl before entering the Holy Ka'ba. They may say at the time of entry:

11. (O Allah! You have stated that whoever has entered it is safe. Save me from the torments of fire).

12. Then say two raka'as between the two pillars on the red marble tiles. After the recitation of the Chapter of Fatiha, recite in the first raka'a the Chapter of Ha'meem Sajdah and in the second, fifty five verses.

13. Say prayer at all the corners of the Holy Ka'ba, saying after the prayer:

14. (O Allah! whomsoever among Your creation prepare themselves to turn to other people in the hope of obtaining

p: 183

favours, gifts, benefits and grants from them, I, O my Master!, prepare myself and am ready to turn to You in the hope of receiving Your favours, benefits and grants. Do not dash my hopes today, O One! who does not disappoint those turning to Him, do not deny me Your mercy.

15. I have not brought today a weighty load of good deeds while approaching You nor do I hope from intercession of other people, but I turn to You, confessing the wrongs I have done to myself without an excuse. I implore You, as You are worthy, to send Your blessings on Muhammad and his progeny, grant me what I seek to gain from You. Forgive my wrongs, fulfil my wishes, and do not return me rejected, denied or disappointed. O Great, O Great, O Great! I have great hopes in You and beg You, O Great! to forgive my grave sins There is no God, but You).

It is recommended to say three times (Allahu Akbar) at the time of emerging from the Holy Ka'ba, saying this du'a (supplication):

(O Allah! do not afflict us with tribulations. O our Sustainer, do not let our enemies rejoice at our misfortunes; verily, You are the one to bring damage and benefit).

Then come out of Holy Ka'ba and, facing it with the ladder to the left, say two raka'as by the ladder.

the Hajar-ul-Aswad and Rukn-ul-Yamani. He should perform the recommended acts already set out on reaching the Mustajaar. He should state his wishes. He should then salute the Hajar-ul-Aswad and press his abdomen to the Holy Ka'ba. He should hold the Hajar-ul-Aswad with one hand and the door of the Holy Ka'ba with the other. Then he should thank and praise Allah, pray for the Holy Prophet and his progeny and then say:

(O Allah! have mercy on Muhammad, Your slave, Messenger, Prophet, Trusted, Beloved, Noble and the best of Your creation. O Allah! just as he delivered Your message, fought in Your cause, accomplished Your commands and worshipped You to his last, O Allah! turn my fortunes around by granting me success, salvation, with the best of that every pilgrim would aspire for, of forgiveness, blessedness, good health and Your pleasure).

It is recommended to leave from the Gate of Hannateen and pause, facing the Rukn ash Shaami and pray to Allah to grant you to bestow success on you to return. It is also recommended to purchase at the time of departure about one dirham (3.65 grams of silver) worth of dates to be given away to the poor.

these places as sacrosanct and that though it is not obligatory to wear ihram there it is not permitted to cut trees or, in particular, the fresh ones except to cut those as permitted for the boundaries of Makka and it is also prohibited to hunt between the mountains. However, it is apparent that both are permitted and the opinion of prohibition is out of excess of precaution.

p: 186