he can, and leaves al‑Masjid al‑Haram. After this, he remains in the state of ihram in Mecca. On the day of tarwiyah, i.e. the eighth day of the month of Dhu al‑Hijjah, or if he wants a day earlier, he goes forth towards `Arafat.

If the pilgrim has come for `Umrah mufradahor Hajj al-tamattu; he performs the tawaf of the entry, which is obligatory (wajib) for him, and prays the two raka'at of the tawaf. Then he performs the sa’y between Safa and Marwah, and, following it, the halq (complete head shave) or taqsir (1) (partial shortening of the hair of the head). Then he is relieved of the state of ihram and its related restrictions, and things prohibited in ihram become permissible for him, including sexual intercourse. (2) Then he proceeds from Mecca after assuming ihram for a second time, early enough to be present at the wuquf (halt) at `Arafat (referred to as `mawqif, ; i.e. the place of halting) at noontime on the ninth of Dhu al‑Hijjah. Assumption of ihram on the day of tarwiyah, i.e. eighth Dhu al‑Hijjah, is preferable.

The Hajj pilgrim, irrespective of the type of Hajj he intends to perform, turns towards `Arafat, passing through Mina. The period of the wufuq at `Arafat is, for the Hanafi, Shafi`i, and Maliki schools, from the noon of the ninth until the day break of the tenth; for the Hanbali school, from the daybreak of the ninth until the daybreak of the tenth; and for the Imamiyyah, from

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non until sunset on the ninth, and in exigency until the daybreak of the tenth. (1) The pilgrim offers invocations (dua') at `Arafat, preferably (istihbaban) in an imploring manner.

Then he turns towards Muzdalifah (also called al‑Mash'ar al‑Haram), where he offers the Maghrib and Isha' prayers on the night of the `Id (i.e. the tenth of Dhu al‑Hijjah). Offering the two prayers immediately after one another is considered mustahabb by all the five schools. According to the Hanafi, Shafi'i, and Hanbali schools, it is obligatory to spend this night (i.e. the night of the `Id) at Muzdalifah; for the Imamiyyah, it is not obligatory but preferable. After the daybreak, he makes the wuquf at al‑Mash'ar al‑Haram, which is wajib for the Imamiyyah and mustahabb for other schools. And at Muzdalifah, preferably, he picks up seven pebbles to be thrown at Mina.

After this, he turns towards Mina before sunrise on the day of `Id. There he performs the ritual throwing of stones, called ramy, at Jamarat al‑`Aqabah, no matter which of the three kinds of Hajj he is performing. The ramy is performed between sunrise and sunset, preferably (istihbaban)

accompanied by takbir and tasbi سُبْحَانَ اللَّهِ (i.e. proclaiming God's glory by saying `How far God is from every imperfection!').

Then if a non‑Meccan on Hajj al-tamattu; he should slaughter the sacrificial animal (a camel, cow or a sheep), by agreement of all the five schools. However, it is not obligatory for one on Hajj al‑'ifrad; again by consensus of all the five schools.

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For one on Hajj al-qiran, the sacrifice is obligatory from the viewpoint o the four Sunni schools, and for the Imamiyyah it is not obligatory except when the pilgrim brings the sacrificial animal (al‑hady) along with him at the time of assuming ihram.

For a Meccan performing Hajj al-tamattu; the sacrifice is obligatory from the viewpoint of the Imamiyyah school, but not according to the four Sunni schools.

After this, he performs the halq or taqsir, irrespective of the kind of Hajj he is performing. After halq or taqsir, everything except sexual intercourse becomes permissible for him according to the Hanbali, Shafi'i and Hanafi schools, and according to the Maliki and Imamiyyah schools, everything except intercourse and perfume.

Then he returns to Mecca on the same day, i.e. the day of the `Id, performs the tawaf al‑ziyarah, prays its related two raka'at, regardless of which kind of Hajj he is performing. After this, according to the four Sunni schools, he is free from all restrictions including that of sexual intercourse. Then he performs the sa’y between Safa and Marwah if on Hajj al-tamattu; by agreement of all the five schools. For the Imamiyyah school, the sa’y after tawaf al‑ziyarah is also obligatory for one performing Hajj al-qiran and Hajj al‑'ifrad. But for other schools, it is not obligatory if the pilgrim had performed the sa’y after the tawaf of first entry, otherwise it is.

For the Imamiyyah, it is obligatory for all the types of Hajj to perform another tawaf after this sa’y. Without

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this tawaf, called tawaf al-nisa; one is not relieved of the interdiction of abstinence from intercourse.

Then the pilgrim returns to Mina on the same day, i.e. the tenth, where he sleeps on the night of the eleventh, performs the threefold throwing of stones (ramy al jamarat) during the interval from the noon until the sunset of the eleventh‑ by consensus of all the five schools. For the Imamiyyah, the ramy is permissible after sunrise and before noon. After this, on the day of the twelfth, he does what he had done the day before. All the legal schools agree that he may now depart from Mina before sunset. And if he stays there until sunset, he is obliged to spend the night of the thirteenth there and to perform the threefold ramy on the day of thirteenth.

After the ramy, he returns to Mecca, before or after noon. On entering Mecca, he performs another tawaf, tawaf al‑wada` (the tawaf of farewell), which is mustahabb for the Imamiyyah and Maliki schools and obligatory for the non‑Meccans from the viewpoint of the remaining three. Here the acts of the Hajj come to conclusion.

later as an adult possessing istita'ah; this, in case he/she does not attain adulthood before the wuquf. On this all the five schools of fiqh are in agreement.

It is permissible for the guardian (wali) of a ghayr mumayyiz child to take him along on the Hajj pilgrimage. In that case, he puts on the child the dress of ihram; instructs him to say the talbiyah, if the child can say it well, or otherwise says it himself on the child's behalf; and is cautious lest the child commits some act unlawful (haram) for the pilgrims (hujjaj). The accompanying guardian also tells him to perform every act that the child can perform himself, and what he cannot, the guardian performs it on the child's behalf.

The schools of fiqh differ on two questions relating to the Hajj of a mumayyiz child: firstly, whether his Hajj is valid, irrespective of the permission of the guardian; secondly, whether he is relieved of the obligation of Hajj if he attains adulthood before mawqif. According to the Imamiyyah, Hanbali, and Shafi'i schools, the guardian's permission is a provision for the ihram to be valid. According to Abu Hanifah, the idea of validity is inapplicable to the child's Hajj, even if mumayyiz, and regardless of whether he obtains the permission of the guardian or not; because, according to him, there is nothing to a child's Hajj except its significance as an exercise (Fath al‑Bari, al‑Mughni, al‑Tadhkirah).

According to the Imamiyyah, Hanbali and Shafi`i schools, if the child

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attains adulthood before mawqif, his obligatory duty of Hajj (hijjat al‑'Islam) is thereby fulfilled. And according to Imamiyyah and Maliki schools, the duty is fulfilled if he renews ihram (as an adult), otherwise not; which means that he should start the Hajj all over again from the beginning. (al‑Tadhkirah)

one's family's livelihood, meeting the requirements of one's source of income (such as land for a farmer, tools for a craftsman, capital for a tradesman, and so on), and without compromising the security of his life, property and honour.

All schools agree about it except the Malikis, who say that the duty of Hajj is obligatory for anyone who can walk. The Malikis also do not consider the necessity of providing for the living expenses of the family. Rather, they consider it compulsory for one to sell off his essential means of life, such as land, livestock, tools, and even books and unessential clothes. (al‑Fiqh `ala al‑madhahib al‑'arba`ah).

If a person upon whom the Hajj duty is not obligatory due to absence of istita'ah, takes upon himself the burden and performs the Hajj, in case he attains istita'ah afterwards, is his first Hajj sufficient or should he perform the Hajj once again? According to the Maliki and Hanafi schools, yes, repetition is not compulsory. According to the Hanbali school, yes, but a duty left unattended, such as an unpaid debt, must be discharged.

According to the Imamiyyah school, it does not suffice the obligation of Hajj if he attains istita'ah afterwards, because the provisional is inseparable from the provision both in its presence and its absence. The Hajj performed before the attainment of istita'ah is considered supererogatory (nafl). Later, with its realization, repetition of the Hajj becomes obligatory.

duty to be immediately applicable (fawri); i.e. it is not permissible to delay it from the moment of its possibility. It is sinful to delay, though the Hajj performed with delay is correct and fulfils the obligation. The author of al‑Jawahir says:

The immediacy of the obligation of Hajj means that it is necessary to take initiative to perform the Hajj in the first year of attaining istita'ah, and failing that at one's next earliest opportunity....Thereafter, there is no doubt about the sinfulness of the delay if one were to forgo the first opportunity in the case of absence of another.

According to the Shafi`i school, the obligation of Hajj is not immediate (upon attainment of istita'ah); rather one may delay it and perform it when he wishes.(1) According to Abu Yusuf, the Hajj is an immediate obligation. Muhammad ibn al‑Hasan considers delay (tarakhi) permissible. Abu Hanifah has no explicit text on the matter, though some of his contemporaries state that he implicitly believes in the immediacy of the obligation.

the Imamiyyah, Maliki and Shafi`i schools, the mahram's company or that of the husband is not at all a condition, regardless of whether she is young or old, married or unmarried; since the mahram's company is a means of her safety, not an end in itself. Accordingly, we have two cases: either she feels confident of her security on the journey, or she doesn't. In the first case, the Hajj is obligatory upon her and the mahram's company is irrelevant. In the second case, she lacks the requirement of istita'ah, in spite of the mahram's company.

Accordingly, there is no essential difference between a man and a woman in this respect.

According to the Hanbali and Hanafi schools, the company of the husband or mahram is a provision for the woman's Hajj, even if she were old. It is not permissible for her to perform the Hajj without his company. The Hanafi school further stipulates the condition that her location should be at a distance of three days' journey from Mecca.

This is because it enables him to perform the Hajj without having to bear a stranger's favour or without any accompanying encumbrance or harm.

According to the Imamiyyah school, if the bequest is an unconditional gift made without the provision of performing the Hajj by the recipient, the Hajj is not binding, irrespective of who makes the bequest. But if the bequest is made with the condition that one perform the Hajj, the acceptance of the bequest is binding and may not be rejected, even if the bequest is made by a stranger; since it makes him mustati ` to undertake the pilgrimage.

of debts.

Ka'bah), say (to and fro movement between Marwah and Safa), ramy (the symbolic throwing of stones), and financial expenditures such as for the journey and its accompanying requirements.

All the five legal schools agree that one who is capable of undertaking the Hajj in person and fulfils all the conditions thereof, should do so himself in person. It is not permissible for him to depute another to undertake it, and if he does so it would not relieve him of his obligation to perform it himself. If he does not do it in his life, according to the Shafi'i, Hanbali and Imamiyyah schools, he is not relieved of the duty because of the preponderance of the financial aspect, and it is obligatory to hire someone to perform the Hajj with a similar expenditure. In case he does not make a will for the Hajj, the amount should be taken out from his undivided heritage.(1)

According to the Hanafi and Maliki schools, he is relieved of the obligation due to the bodily aspect; but if he mentions it in his will, the expense is taken out from the one third of his inheritance‑‑like all other bequests‑‑and if he doesn't, istinabah is not obligatory.

مِنْ حَرَجٍ

(... and He has laid no impediment in your religion ....).(1)

However, it is obligatory upon him to hire someone to perform the Hajj for him. But if he doesn't, is it a negligence of a duty whose fulfilment continues to remain upon him? All the legal schools, with the exception of the Maliki, agree that it is obligatory upon him to hire someone to perform the Hajj for him. The Maliki says that the Hajj is not obligatory upon one who is incapable of undertaking it in person. (al‑Mughni, al‑Tadhkirah)

Furthermore, if a sick person recovers after deputing someone to perform his Hajj, is it obligatory upon him on recovery to perform the Hajj in person? According to the Hanbali school, another Hajj is not obligatory. But according to the Imamiyyah, Shafi'i and Hanafi schools it is obligatory, because what was fulfilled was the financial obligation, and the bodily obligation has remained unfulfilled.

valid, though makruh (reprehensible). It is not considered as the Hajj of the hirer (mustajir) and is counted as the mustahabb Hajj of the hired (ajir).

The hirer gets the reward for providing assistance in the performance of the Hajj and shares the blessings of the prayers offered. When the Hajj is performed for the benefit of a dead person, irrespective of whether he has asked for it in his will or not, it is counted neither as fulfilment of the duty (fard) nor as a supererogatory (nafl)act, nor does it relieve him of the duty of the obligatory Hajj. (al‑Fiqh `ala al‑madhahib al‑'arba`ah).

of the mawaqit.

According to the Hanbali school, the na'ib must start from the place that the deceased was obliged to begin from if he had performed the Hajj himself, and not from the place of his death. If the deceased person had attained istita'ah at a place to which he had migrated, later returning to his own place, the na'ib should start from the place of migration, not from the deceased person's home, except when the distance (between his home‑town and the place of migration) is less than what is required for qasr in prayers performed by a traveller. (1)

According to the Imamiyyah school, the Hajj is classified into miqati (i.e. one which starts from one of the mawaqit) and baladi (i.e. one which starts from the town of the deceased). If the deceased has specified one of these two kinds, then the one specified.

If he has not specified, any one of the two may be performed. Otherwise the Hajj is miqati and, if possible, starts from the miqat nearest to Mecca, or else the miqat nearest to the town of the deceased. The cost of al‑Hijjat al‑miqatiyyah is taken out from the undivided legacy in the case of obligatory Hajj, and the expense exceeding the cost of al‑Hijjat al‑miqatiyyah is taken from the one third. (al‑Jawahir)

to depute another, since the duty is his own. If we do not know that he actually went on the pilgrimage and performed all its essential acts, or if we doubt whether he performed them correctly and properly or not, or whether he failed to fulfil any of its obligatory essentials, then we assume that he acted correctly and properly, unless there is proof to the contrary.

at all times of the year, though it is meritorious to perform it during the month of Rajab according to the Imamiyyah, and in Ramadan according to the four Sunni schools.

The time of the conjugate `Umrah, which is performed before the Hajj and in the course of the same journey by the Hujjaj coming to the Holy Makkah from distant countries, by consensus of all five schools, extends from Shawwal to Dhul Hijjah. However, there is disagreement among legists about the month of Dhul Hijjah, whether the entire month or only the first ten days belong to the Hajj season. Anyone who performs the conjugate `Umrah is considered relieved of the obligation to perform the al‑`Umrat al‑mufradah by those who believe in its being obligatory.

with al‑`Umrat al‑mufradah.

Karrarah, in his book al‑Din wa al‑Hajj `ala al‑madhahib al‑'arba'ah, says that, according to the Maliki and Shafi`i schools, for the mu'tamir of al‑`Umrat al‑mufradah all things are permissible, even sexual intercourse, after the shortening of hair (al‑taqsir)or the head shave (al‑halq), irrespective of whether he brings along with him the sacrificial offering (al‑hady) or not. But according to the Hanbali and Hanafi schools, the mu'tamir gets away with al‑taqsir or al‑halq, if he does not bring the sacrificial offering; otherwise he remains in the state of ihram until he gets through the Hajj and the `Umrah on the day of sacrifice (yawm al‑nahr).

of `Arafat; neither the departure thenceforth to al‑Muzdalifah; nor the ramy al‑jamarat.(1)

The Imamiyyah book al‑Jawahir mentions that: "The obligatory acts (af'al or a'mal) of the Hajj are twelve: ihram; the wuquf at `Arafat; the wuquf at al‑Mash'ar al‑Haram; the entry into Mina; the ramy; the dhibh (sacrifice); its related taqsir or halq; the tawaf (the sevenfold circumambulation of the Ka'bah), and its related raka'at (units of the length of prayers); the sa’y; the tawaf al-nisa', and its related raka'at. The obligatory acts of al‑`Umrat al‑mufradah are eight: niyyah (intention); ihram(2) ; tawaf its related raka'at; the sa’y; the taqsi; the tawaf al-nisa'; and its related raka'at."

This indicates that all the legal schools agree that the acts of the Hajj exceed those of the ‘Umrah by the acts associated with the wuquf. Moreover, the Imamiyyah school considers it obligatory for the performer of the al‑`Umrat al‑mufradah to perform a second tawaf, the tawaf al-nisa'. Similarly the Maliki school differs from others in considering halqor taqsir as non‑obligatory for al‑`Umrat al‑mufradah.

the `Umrah, it becomes obligatory upon him; because each of them is independent of the other. This applies to al‑`Umrat al‑mufradah. As to `Umrat al‑tamattu`, which shall be explained later, its wujub depends upon that of the Hajj, since it is a part of it.

2. According to the Imamiyyah, it is not permissible for one intending to enter the Holy Mecca to cross the miqat or enter its haram (sacred precincts) without getting into the state of ihram, even if he has performed the Hajj and the `Umrah many times before. Only when the exit and entry recur several times during month, or when after entering the city as a muhrim he goes out any re‑enters for a second time in less than thirty days, it is no obligatory. Therefore, ihram with respect to entry into Mecca is comparable to the wudu' before touching the Holy Qur'an. This clearly demonstrates the baselessness of the lie that the Shi`ah do not consider al‑Bayt al‑Haram as sacred, and that they pretend to perform the Hajj for the sake of polluting the holy sanctuaries. (!)

According to Abu Hanifah, it is not permissible to go beyond the miqat and enter the haram without ihram, but entry into the remaining area is permissible without ihram. Malik does not agree with this, and two opinions are ascribed to al‑Shafi'i on the matter.

This much of discussion about the `Umrah is sufficient for throwing light upon it, so that the reader may grasp its difference with the Hajj,

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though only in some aspects. What we shall say later will offer further clarification.

They say that it has been named `al‑qiran' because it involves union between the Hajj and the `Umrah. But the Imamiyyah say that it is because of the additional feature of the hady accompanying the pilgrim at the time of ihram.(1)

According to the four Sunni legal schools, it is permissible for the pilgrim, Meccan or non‑Meccan, to choose from any of the three forms of the Hajj: al‑tamattu; al‑qiran, or al‑'ifrad, without involving any karahah (reprehensibility). Only Abu Hanifah considers Hajj al-tamattu` and Hajj al-qiran as makruh for the Meccan.

The four Sunni legal schools also differ as to which of the three kinds of Hajj is superior to the others. The best according to the Shafi`i school is al‑‘ifrad, and al‑tamattu` is superior to al‑qiran. According to the Hanafi school, al‑qiran has greater merit than the other two. The best according to the Maliki school is al‑‘ifrad, and according to the Hanbali and Imamiyyah schools is al‑tamattu`.

According to the Imamiyyah school, Hajj al-tamattu` is obligatory upon one living at a distance of over forty‑eight miles from Mecca, and he may not choose any other kind except in emergency. The Hajj al-qiran and Hajj al‑‘ifrad are performable by the people of Mecca and those living around it within a distance of forty‑eight miles, and it is not permissible for them to perform except one of these two kinds. The Imamiyyah base their argument on this verse of the Qur'an:

فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَی الْحَجِّ فَمَا اسْتَیْسَرَ مِنَ الْهَدْیِ فَمَنْ

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لَمْ یَجِدْ فَصِیَامُ ثَلَاثَةِ أَیَّامٍ فِی الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ تِلْکَ عَشَرَةٌ کَامِلَةٌ ذَٰلِکَ لِمَنْ لَمْ یَکُنْ أَهْلُهُ حَاضِرِی الْمَسْجِدِ الْحَرَامِ

…if any one wishes to continue the 'umra on to the hajj, He must make an offering, such as he can afford, but if he cannot afford it, He should fast three days during the hajj and seven days on his return, Making ten days in all. This is for those whose household is not in (the precincts of) the Sacred Mosque…..(2:196)

Moreover, according to the Imamiyyah school, it is not permissible for one obliged to perform the Hajj al-tamattu` to change over to something else, except for the problem of shortage of time available, or, in the case of women, due to impending menses. In those cases it is permissible to change either to al‑qiran or al‑‘ifrad on condition that the `Umrah is performed after the Hajj. The limit of the shortage of time is failure to be present at the wuquf in `Arafat until noon.

For one whose duty is al‑qiran or al‑‘ifrad, such as the natives of Mecca or those from its surrounding region, it is not permissible to change to al‑tamattu`, except in exigency (such as the fear of impending menses). After explaining this position of the Imamiyyah school, the author of al‑Jawahir says, "I have not come across any different opinion on this matter."

And all the five legal schools agree that the hady is not compulsory for one performing Hajj al‑'ifrad, though better if performed

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voluntarily.

mentioned mawaqit on his route, the miqat for him is the place parallel to any one of them.

If someone lives at a place nearer to Makkah than any of the prescribed mawaqit, then he assumes ihram from the place of his residence. For, someone who resides in Makkah itself, his miqat is Makkah. For one performing the al‑`Umrat al‑mufradah, the mawaqit, according to the Imamiyyah, are the same as for the Hajj.

any impediment, such as fear of insecurity on the way or shortage of time, there is no sin. This, regardless of whether there are other mawaqit before him on his path or not.

According to the Imamiyyah, if he has deliberately neglected to assume ihram at the miqat while intending to perform the Hajj or the `Umrah, if he does not turn back to the miqat, there being no other miqat before him from which he can assume ihram, his ihram and Hajj are invalid, whether he had a valid pretext for not returning or not.

But if his failure to assume ihram at miqat was on account of forgetfulness or ignorance, if it is possible to return, he must do so; but if it is not possible, then from the next miqat before him. Otherwise he ought to assume ihram as far as possible outside the haram of Makkah, or within it; though the former is preferable. (al‑Tadhkirah, al‑Fiqh `ala al‑madhahib al‑'arba`ah)

and all the three forms of the Hajj, namely, tamattu; qiran and ifrad. Also, there is no difference of opinion that ihram is the first act of the pilgrim, irrespective of whether his purpose is `Umrah mufradah, or any of the three forms of Hajj. There are certain wajibat and mustahabbat related to the ihram.

The legal schools agree that it is mustahabb for anyone intending ihram to cleanse his body, clip his fingernails, shorten his moustaches, and to take a bath (even for women undergoing hayd or nifas, for the aim is cleanliness). It is also mustahabb for one intending Hajj to abstain from cutting the hair of his head from the beginning of the month of Dhu al‑Qi'dah, to remove the hair from his body and armpits, and to enter ihram after the zuhr (noon) or any other obligatory prayers. It is also mustahabb to pray six, four or at least two raka`at. However, freedom from the state of ritual impurity (hadath) is not a condition for the ihram to be valid.

According to the Hanafi and Maliki schools, if water is not available, one is relieved of the duty to take the bath (ghusl), and tayammum as an alternative is not permissible. According to the Hanbali and Shafi'i schools, tayammum substitutes ghusl. The Imamiyyah jurists differ on this matter, some consider it permissible, others not.

According to the Imamiyyah school, it is mustahabb to leave the hair of the head uncut, but according to the Shafi'i, Hanafi and Hanbali schools,

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it is mustahabb to shave the head. (al‑Fiqh `ala al‑madhahib al‑'arba`ah)

According to the Hanafi school, it is sunnah for one who wants to assume ihram to scent his body and clothes with a perfume whose trace does not remain after ihram except the smell. According to the Shafi'i school, it is sunnah, except when one is fasting, to apply perfume to the body after the bath. Also, perfuming the clothes does not matter. According to the Hanbali school, one may perfume the body; and the clothes with karahah. (al‑Fiqh `ala al‑madhahib al‑'arba `ah)

According to the Hanafi, Maliki and Shafi'i schools, it is mustahabb for the muhrim to pray two raka'at before assuming ihram after the noon prayer or any other obligatory prayer. If he has no obligatory prayer to make at the time of ihram, he should offer six, or four or at least two raka`at for the ihram. (al‑Jawahir)

he were to encounter an impediment which keeps him from getting through it.

himself or as a na'ib of someone else, whether for the obligatory Hajj (Hijjat al‑'Islam) or for something else. If one assumes ihram without specifying these particulars, postponing their determination to future, the ihram is invalid. (al‑`Urwat al‑wuthqa).

According to the Hanafi text al‑Mughni, “It is mustahabb to specify the purpose of ihram. Malik is of the same opinion. Two opinions are ascribed to al‑Shafi'i. According to one of them, it is adequate if one assumes ihram with a general, non‑specific purpose of pilgrimage... without determining the exact purpose, whether Hajj or `Umrah. The ihram thus assumed is valid and makes one a muhrim .... Afterwards, he may select any of the kinds of pilgrimage." All the five schools agree that if one assumes ihram with the intention to follow another person's intention, his ihram is valid if the other person's purpose is specific. (al‑Jawahir; al‑Mughni)

According to the Maliki school, the ihram neither becomes invalid if talbiyah is recited after a long gap of time, nor if it is not pronounced altogether. However, one who fails to pronounce it must offer a blood sacrifice.

According to the Imamiyyah, neither the ihram for Hajj al‑tamattu; nor Hajj al‑'ifrad, nor their conjugate `umrahs, nor for al‑`Umrat al‑mufradah, is valid without talbiyah. However, one who intends to perform Hajj al‑qiran may choose between. talbiyah, ish'ar(1) or taqlid; ish'ar for this school being exclusively restricted to a camel, though taqlid may apply to a camel or the other forms of hady.

for a muhrim man to wear stitched clothing, shirts or trousers, nor may he cover his face. Also, it is not permissible for him to wear shoes (khuffan) except when he cannot find a pair of sandals (na`lan), (1) and that after removing the covering on the back of the heels from the base. A woman, however, should cover her head, keep her face exposed, except when she fears that men may ogle at her.

It is not permissible for her to wear gloves, but she may put on silk and wear shoes (khuffan). According to Abu Hanifah, it is permissible for a woman to wear gloves. (al‑Tadhkirah; Ibn Rushd's al‑Bidayah wa al‑nihayah).

The book al‑Fiqh `ala al‑madhahib al‑'arba`ah, under the heading `That which is required of one intending ihram before he starts to assume it', states, "According to the Hanafi school, among other things he wears izar (loin‑cloth) and rida' (cloak). The izar covers the lower part of the body from the navel to the knees. The rida' covers the back, the chest and the shoulders, and its wearing is mustahabb.

According to the Maliki school, it is mustahabb to wear izar, rida and na`lan; but there is no restriction on wearing something else that is not stitched and does not encircle any of the parts of the body.

According to the Hanbali school, it is sunnah to put on a new, white and clean rida' and izar together with a pair of na`lan before assuming ihram. According to the Shafi`i school, the

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rida' and izar should be white, new or washed ones.

According to the Imamiyyah school, the rida' and the izar are obligatory, preferably (istihbaban) of white cotton. The muhrim may put on more than these two pieces of clothing on condition that they are not stitched. Also it is permissible to change the clothes in which one commenced ihram, though it is better to perform the tawaf in the same rida' and izar as worn at the beginning.

All the require­ments of the dress for salat apply to the dress of ihram, such as taharah, its being non‑silken for men, not made of the skin of an animal eating whose flesh is not permissible. According to some Imamiyyah legists, clothing made of skin is not permissible (in salat and ihram).

In any case, the disagreement between the legal schools about the muhrim's dress is very limited. This is well indicated by the fact that whatever is regarded as permissible by the Imamiyyah is also considered permissible by the remaining schools.

the contract concluded is valid.

According to the Hanafi, Maliki, Shafi`i and Imamiyyah schools, it is permissible for the muhrim to revoke divorce of his former wife during the period of her `iddah. According to the Hanbali school, it is not permissible. From the viewpoint of the Imamiyyah, if one enters a marriage contract with the knowledge of its prohibition, the woman becomes haram for him for life merely by the act of concluding the contract, even if the marriage is not consummated. But if done in ignorance of the interdiction, she is not prohibited to him, even if consummation has been affected. (al‑Jawahir Fiqh al‑Sunnah; al‑Fiqh `ala al‑madhahib al‑'arba`ah).

the first tahlil (i.e. after the halq or taqsir in Mina, after which everything except intercourse‑‑and also perfume according to the Imamiyyah school‑‑become permissible for the pilgrim), his Hajj is not void, nor is he called upon to repeat it. Nevertheless, he must offer a camel, according to the Imamiyyah and Hanafi schools and according to one of the two opinions ascribed to al‑Shafi'i. But according to the Maliki school, he is obliged to offer a sheep only. (al‑Hada'iq; Fiqh al‑Sunnah).

If the wife yields willingly to intercourse, her Hajj is also void, and she must sacrifice a camel in expiation and repeat the Hajj the year after. But if she was forced, then nothing is required of her, but the husband is obliged to offer two camels: one on his own behalf, and the second on hers. If the wife was not in the state of ihram, but the husband was, nothing is required of her, nor is she did not oblige to offer anything in atonement, nor is anything required of the husband on her account. (al‑Tadhkirah).

If the husband kisses his wife, his Hajj is not void if it does not result in ejaculation. On this all schools are in agreement. But according to the four Sunni schools, he is obliged to make a sacrificial offering in atonement even if it be a sheep. The Imamiyyah author of al‑Tadhkirah says, the sacrifice of a camel is obligatory only if the kiss is taken with sexual desire, otherwise he should

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sacrifice only a sheep. If he ejaculates, the Hajj is void according to the Maliki school, but remains valid according to the other schools, although he should make an offering in atonement, which is a camel according to the Hanbali school and a group of Imamiyyah legists, and a sheep according to the Shafi'i' and Hanafi schools. (al‑Hada'iq; al‑Mughni).

that darkening the eyelids with kohl or applying a kohl containing perfume is not permissible for the muhrim, man or woman. Apart from that (i.e. ihram) it is permissible." According to the author of al‑Mughni, "Kohl containing antimony is makruh, and does not require any fidyah. I haven't come across any different opinion on this topic. However, there is no karahah in use of kohl without antimony, as long as it does not contain any perfume."

a sheep for cutting smaller plants. According to the Hanafi school, the owner of the tree is entitled to a payment equivalent to the cost of the hady. (Fiqh al‑Sunnah, al‑Lum`ah)

All the five schools agree that there is no restriction for cutting a dry tree or for pulling out withered grass.

him according to the Imamiyyah and Shafi'i schools, but a fidyah is required according to the Hanaf i school.

All the schools, with the exception of the Shafi'i, agree that it is impermissible for the muhrim to shade himself while moving. Neither it is permissible for him to ride an automobile, an aeroplane or the like, which are covered by a roof. But it is permissible while walking to pass under a shadow.(1)

cursing, or commission of sins. In any case, all of them are forbidden for the pilgrims of Hajj and the non‑pilgrims as well. The stress here is meant to emphasize abstention from them in the state of ihram. The meaning of jidal' is quarrelling. According to an Imamiyyah tradition from al‑'Imam al‑Sadiq (`a), he is reported to have said, "It (i.e. jidal' in the above‑mentioned verse) means using such expressions as `Yes, by God!' or `No, by God!' in conversation. This is the lowest degree of jidal"

According to the Imamiyyah school, if the muhrim tells a lie for once, he must offer a sheep; if twice, a cow; if thrice, a camel. And if he swears once taking a veritable oath, there is nothing upon him; but if he repeats it three times, he is obliged to sacrifice a sheep.

permitted and requires no fidyah. This, in accordance with the Qur'anic verse:

أُحِلَّ لَکُمْ صَیْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَکُمْ وَلِلسَّیَّارَةِ وَحُرِّمَ عَلَیْکُمْ صَیْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَاتَّقُوا اللَّهَ الَّذِی إِلَیْهِ تُحْشَرُونَ 

Permitted to you is the game of the sea and the food of it, as a provision for you and for the journeyers; but forbidden to you is the game of the land, so long as you remain in the state of ihram: and fear God, unto whom you shall be mustered. (5:96)

The prohibition on hunting within the precincts of the haram apply to the muhrim and the non‑muhrim (muhill) equally. However, outside the haram, the prohibition applies only to the muhrim. If the muhrim slaughters a game, it is considered maytah (a dead animal not slaughtered in accordance with ritual requirements), and its flesh is unlawful for all human beings. The five legal schools agree that the muhrim may kill a predatory bird called hada'ah, crows, mice and scorpions. Others include wild dogs and anything harmful.

According to the Imamiyyah and Shafi'i schools, if the game hunted on land resembles some domestic beast in shape and form (like the Oryx, which resembles the cow), he has the choice between:

(1) giving the meat of one of similar beasts of his livestock in charity after slaughtering it;

(2) estimating its price and buying food of the amount to be given in expiation and charity to the needy, distributing it by giving two mudds (the muddis a dry measure equal to

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800 grams) to every individual;

(3) fasting, a day for every two mudds.

The Malikis hold the same viewpoint, except that, they add, the price of the hunted animal itself should be estimated, not that of its domestic equivalent. The Hanafis say that one who hunts in the state of ihram should arrange for the estimated price of the hunted animal, whether there is a domestic animal similar to it or not. When the price has been estimated, he is free to choose between:

(1) purchasing livestock of the money and giving its meat away in charity;

(2) giving it from his own livestock;

(3) purchasing food of the amount to be given away in charity;

(4) fasting, a day for every mudd of food to be given away. (al‑Tadhkirah; Fiqh al‑Sunnah)In this connection all the legal schools base their position on this Qur'anic verse:

یَا أَیُّهَا الَّذِینَ آمَنُوا لَا تَقْتُلُوا الصَّیْدَ وَأَنْتُمْ حُرُمٌ وَمَنْ قَتَلَهُ مِنْکُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ یَحْکُمُ بِهِ ذَوَا عَدْلٍ مِنْکُمْ هَدْیًا بَالِغَ الْکَعْبَةِ أَوْ کَفَّارَةٌ طَعَامُ مَسَاکِینَ أَوْ عَدْلُ ذَٰلِکَ صِیَامًا لِیَذُوقَ وَبَالَ أَمْرِهِ عَفَا اللَّهُ عَمَّا سَلَفَ وَمَنْ عَادَ فَیَنْتَقِمُ اللَّهُ مِنْهُ وَاللَّهُ عَزِیزٌ ذُو انْتِقَامٍ 

O believers, slay not the game while you are in the state of ihram. Whosoever of you slays it wilfully, there shall be reparation‑‑the like of what he has slain, in livestock, as shall be judged by two men of equity among you, as offering on reaching the Ka`bah; or expiation‑‑food for poor persons or the equivalent

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of that in fasting, so that he may taste the mischief of his action. God has pardoned what is past; but whoever offends again, God will take vengeance on him; God is All‑mighty, Vengeful. (5:95)

The meaning of the phrase:  یَحْکُمُ بِهِ ذَوَا عَدْلٍ in the above verse is that two equitable (`adil) witnesses should judge whether a certain domestic animal is similar to the hunted wild beast. The meaning of the phrase: هدیاً بالغ الکعبة is that he should slaughter the equivalent livestock and give its meat in charity on arrival in Makkah.

According to the Imamiyyah work al‑Shara'i`, "Every muhrim who wears or eats anything forbidden for him should slaughter a sheep, regardless of whether his action was intentional, forgetful, or on account of ignorance."

The Imamiyyah and Shafi'i schools agree that no expiation (kafarah) is required of someone who commits a haram act forgetfully or in ignorance, except in the case of hunting, in which case even killing by mistake requires kaffarah.

Makkah; (3) the eastern limit is al‑Ja'ranah, 16 kms. from Makkah; (4) the western limit is al‑Shumaysi, 15 kms. from Makkah.

The limits of the haram of the Prophet's shrine extend from `Ir to Thawr, a distance of 12 kms. `Ir is a hill near the miqat, and Thawr is a hill at Uhud.

Al‑`Allamah al‑Hilli, an Imamiyyah legist, states in his work al‑Tadhkirah that "the haram of Makkah extends over an area of one band by one band (1 band =12miles), and the haram of al‑Madinah extends from `Ayir to `Ir. (1)

al‑tamattu` after getting through the acts of `Umrah‑‑the second step is (as shall be explained later) wuquf in `Arafat.

In other words, one who enters Makkah with the sole purpose of `Umrah or Hajj al‑tamattu` performs tawaf before everything else, then sa’y and then taqsir. After this, if on Hajj al‑tamattu`, he assumes ihram for a second time; but he is not required to perform another tawaf after this ihram. The tawaf (pertaining to the Hajj acts), as we shall explain, comes after getting through the wuquf at `Arafat and passage through Mina.

pilgrims pour forth (`ifadah' means `pouring forth') into Makkah from Mina. It is also called `tawaf al‑hajj' because by consensus of all the schools it is rukn of the Hajj.

After performing this tawaf all things become permissible for the (Sunni) Hajj pilgrim, even sexual intimacy with women. The Imamiyyah, who disagree, say that sex is not permitted before performing the sa’y between Safa and Marwah followed by a second tawaf, which they call `tawaf al‑nisa'.' This shall be further clarified presently.

(i.e. tamattu; qiran, and ifrad). They do not permit its omission except in case of `Umrat al‑tamattu; considering the tawaf al‑nisa' performed during the course of Hajj al‑tamattu` as sufficient.

The schools of the Ahl al‑Sunnah state that there is no obligatory tawaf after the tawaf al‑ziyarah, after which sexual intimacy is permissible. The Shi'ah say that it is obligatory upon the pilgrim, after performing tawaf al‑ziyarah and the sa’y, to perform another tawaf, the tawaf al‑nisa; which derives its name precisely because of the sanction of permissibility of relations with women (nisa') following it.

They say that if the pilgrim defaults in regard to this tawaf, sexual relations are forbidden for man and woman (for men even the conclusion of marriage contract), unless he/she performs it in person or deputes another to perform it on his/her behalf; and if he/she dies without performing it or without deputing someone to do it for him/her, it is incumbent upon the heir (wali) to have it performed on the behalf of the dead person.

According to them, even in case of a mumayyiz child who fails to perform the tawaf al‑nisa' while performing the Hajj, even if he omits it by mistake or on account of ignorance, women are forbidden to him after adulthood nor he may conclude a marriage contract (`aqd) unless he performs it himself or deputes another for the job.

To summarize, the Shi`ah consider three tawaf's to be obligatory for the pilgrim on the Hajj al‑tamattu`: (1) the tawaf of

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the conjugate `Umrah, of which it is rukn;(2) the tawaf al‑ziyarah (or tawaf al‑hajj), which is a rukn of the Hajj; and (3) the tawaf al‑nisa', which is also an obligatory part of it, though not a rukn similar to the Surat al‑Fatihah in relation to the salat. The Ahl al‑Sunnah agree with the Shi`ah in all except tawaf al‑nisa; which they do not recognize. However, of a pilgrim on the Hajj al‑'ifrad or Hajj al‑qiran, only two tawaf's are required by the Shi`ah. (1)

not valid. Also, it is necessary to cover one's private parts completely as in salat.

The author of the Fiqh al‑Sunnah (p. 154, 1955) says: "In the opinion of the Hanafis, freedom from hadath is not an essential requirement. However, it is an obligation whose omission may be compensated through a blood sacrifice. So, if one performs tawaf in the state of minor impurity (hadath asghar) his/her tawaf is valid, though one is required to sacrifice a sheep. If tawaf is performed in the state of janabah or hayd, (1) the tawaf is valid, though the sacrifice of a camel is required during the pilgrim's stay in Makkah."

According to al‑Fiqh `ala al‑madhdhib al‑'arba `ah (vol.I, p. 535, 1939): "The taharah of the clothes, the body, and the location of prayer (in salat) is (only) a highly recommended sunnah (sunnah mu'akkadah) from the Hanafi viewpoint; (this is true) even of tawaf, there being no penalty even if all the clothes are completely ritually unclean (najis)."

According to the Imamiyyah, taharah from hadath and khabath is a proviso for validity of an obligatory tawaf. In the same way, covering the private parts (satr al‑`awrah) with a ritually clean cloth legitimately owned (ghayr maghsub) is also a requirement. Moreover, it should not be made of silk or the skin of an animal whose flesh may not be eaten, nor made of golden fabric ‑‑requirements which are the same as for salat.

It may be said that the Imamiyyah are even more stringent with regard to

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tawaf than salat. They consider a blood spot of the size of a dirham as pardonable for one performing salat, but not for one performing tawaf. Further, they consider wearing of silk and gold as impermissible even for women during tawaf (which is permissible for women in salat). According to the Imamiyyah, circumcision is a requirement for tawaf without which it is invalid, both for an adult man and a child (al‑Jawahir, al‑Hada'iq).

one on Hajj al‑tamattu; also no ramal is required of women pilgrims). Then he kisses al‑Rukn al‑Yamani" (the south‑western corner or rukn of the Ka'bah which falls before the one with the Black Stone mounted on it during the anti‑clockwise rounds made during tawaf.‑‑Tr.).

According to the Imamiyyah, there are certain things obligatory (wajib) in tawaf they are as follows:

1. The niyyah, to which reference has already been made.

2. The tawaf should be made on foot, and in case of inability on a mount. Many Imamiyyah fuqaha' do not recognize this requirement and a group of them explicitly permit tawaf on a mount. They cite the precedent of the Prophet (s) who performed tawaf on camelback, according to traditions in al‑Kafi and Man la yahduruhu al faqih.

3. The condition that the tawaf should begin and end at the Black Stone is stated in this manner in many books of fiqh: "The tawaf should be begun at the Black Stone, so that the first part of one's body is in front of the first part of the Black Stone. Then the pilgrim begins moving with the Black Stone on his left, ending the last circumambulation exactly in line with the point where he commenced his first, thus ensuring that the seven rounds are completed without advancing or falling behind a single step or more.

The danger of advancing or falling behind necessitates that the first circumambulation should commence at the beginning of the Black Stone; because if begun in front of its

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middle, one cannot be sure of having advanced or fallen behind some steps; and if one began from its end, then the beginning may not be said to have commenced from the Black Stone ...." and so on and so forth.

The author of the Jawahir al‑kalam makes elaborate critical remarks about this kind of meticulousness, which show his balanced and moderate taste and temperament. This is the substance of what he has to say: "The difficulty and the exasperating haraj (impediment) inherent in realizing such a requirement is not concealed .... To give it consideration is to fall into silly scruples. The debate is similar to the depraved and unseemly musings of madmen. (1) And it has been narrated of the Prophet (s) that he performed tawaf on camelback, and attaining this kind of precision is infeasible when on a mount."

That which can be understood from the remarks of the author of al‑Jawahir is that he agrees with the author of al‑Shara'i`, who confines himself to this statement, without adding another word: "It is obligatory to begin and end the tawaf at the Stone." It means—as is also apparent from his above‑mentioned remarks‑‑that in the opinion of the author of al‑Jawahir it is sufficient to fulfil this condition in the commonly understood sense. Al‑Sayyid al‑Hakim, in al‑Munsik, holds a similar position when he says, "The pilgrim performing tawaf should begin a little before the Stone with the intent of performing what is really obligatory. When he performs in this fashion

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he knows that he began at the Stone and finished thereat."

4. The Ka'bah must be on the left during tawaf. According to al‑Sayyid al‑Khu'i, it is sufficient to realize this requirement in the commonly understood sense (i.e. without giving scrupulous attention to precision); slight shifts of direction do not matter as long as the movement meets the requirement in the ordinary sense. According to him the only crucial factor is satisfaction of the requirement in its ordinary sense.

5. The Hajar Isma'il must be included in tawaf. That is the circumambulation should be made around it and without entering it, (1) and it should be kept to the left while making the tawaf. Thus if one passes between it and the Ka'bah during tawaf making it fall to his right, the tawaf becomes invalid.

6. The body should be completely out of the Ka'bah (because God says وَلْیَطَّوَّفُوا بِالْبَیْتِ الْعَتِیقِ which means that tawaf should be made around and ‑outside the Ka'bah, not inside it). Also if one were to walk on its walls or on the protruding part of its walls' foundations, the tawaf would be invalid.

7. The tawaf should be performed between the Ka'bah and the rock called Maqam Ibrahim, which is a stone on which Abraham (`a) stood during the building of the Ka'bah.

8. The tawaf should consist of seven rounds, no more and no less. Obviously, recognition of these points requires an informed guide to indicate them to the pilgrims.

After finishing tawaf it is obligatory to offer

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two rak'ah's of salat behind the Maqam Ibrahim regardless of the crowd; but if it is not possible, one may offer the prayer in front of it, and if that, too, is not possible, anywhere in al‑Masjid al‑Haram. It is not permissible to begin a second tawaf without performing the two‑rak`ah prayer. If one forgets performing them, it is obligatory on him to return and perform them. But if returning were not feasible, he can offer them wherever he can. This is true of the obligatory tawaf. But if the tawaf were a mustahabb one, he can offer the two rak`ah's wherever he can. (al‑Tadhkirah, al‑Jawahir, al‑Hada'iq)

This shows that the jurists of all the legal schools are in agreement over certain points: the tawaf starts and ends at the Black Stone; the Ka'bah should be on the left during tawaf; the tawaf should be made outside the Ka'bah; seven rounds should be made; kissing the Black Stone and the Rukn is mustahabb. However, they disagree with respect to the permissibility of break between successive rounds of the tawaf.

According to the Maliki, Imamiyyah, and Hanbali schools, continuity without break (muwalat) is obligatory. According to the Shafi`i and Hanafi schools, it is sunnah (i.e. mustahabb) to observe muwalat, so if there is a substantial break between the rounds without any excuse, the tawaf is not invalidated. (Fiqh al‑Sunnah). Similarly according to Abu Hanifah, if one leaves off after the fourth round, he must complete his tawaf if he is in Makkah;

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but if he leaves Makkah, he must compensate it with a blood sacrifice. (al‑Tadhkirah)

The schools disagree with respect to the necessity of the tawaf being undertaken on foot. The Hanafi, Hanbali, and Maliki schools consider it obligatory. According to the Shafi'i school and a group of Imamiyyah scholars it is not obligatory and one may perform tawaf on a mount. Also, they disagree with respect to the two‑rak'ah prayer (rak'atan) after tawaf. According to the Maliki, Hanafi, and Imamiyyah schools, the rak`atan‑‑which is exactly like the daybreak prayer‑‑are obligatory. The Shafi'i and Hanbali schools regard it as mustahabb.

time one basses by or to kiss it, to draw one's hand on al‑Mustajar‑‑which is in front of the door and before al‑Rukn al‑Yamani‑‑during the seventh round, and to keep oneself as near as possible to the Ka'bah. To speak during tawaf apart from dhikr and recitation of the Qur'an, is makruh.

his doubt is of no consequence. His tawaf is considered valid and complete and there is nothing upon him. But if the doubt occurs before finishing the tawaf, he should consider whether he has performed at least seven rounds, such as when he doubts whether he made seven or eight rounds. If he is certain of having performed seven rounds, then his tawaf is considered valid.

However, if he is not certain of having performed seven rounds‑‑as in the case when he doubts whether he is in his sixth or seventh round, or in his fifth or sixth‑‑in that case his tawaf is invalid and he should start afresh. It is preferable in such a case to complete the present tawaf before starting afresh. (1) This is true of a wajib tawaf. In case of a mustahabb tawaf, the basis is the least number of rounds under seven one is certain of having performed, regardless of whether the doubt occurs during or after the last round.

For the non‑Imamiyyah schools, the rule is the least number of rounds one is certain of having performed‑‑a rule which is similar to the one they apply to the doubt in the number of rak`ah's of salat.

These are the ahkam, the mustahabbat, and the wajibat of tawaf, which, like the ruku` and sujud in salat, is always the same in all cases, whether as a part of the `Umrah mufradah, `Umrat al‑tamattu; Hajj al‑qiran, or Hajj al‑'ifrad, and regardless of whether it is tawaf

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al‑ziyarah, tawaf al‑nisa; tawaf al‑qudum, or tawaf al‑wada`.

As mentioned above, the tawaf is the next act after ihram in `Umrat al‑tamattu; but in the Hajj its turn comes after the pilgrim has gone through the rituals of Mind (on the `Id day) as shall be explained later.

granted victory to His slave, vanquishing all the parties (of the infidels). He is One.

The mustahabbat of sa’y according to the Imamiyyah book al-Jawahir are the following: to draw one's hand on the Black Stone; to drink from the water of Zamzam and to sprinkle it on oneself; to leave [al‑Masjid al‑Haram] through the door facing the Black Stone; to ascend the Safa; to face al‑Rukn al‑`Iraqi; to praise God (hamd) and magnify Him (takbir); to prolong one's stay al‑Safa; and, after seven takbirs, to say three times:

لا إله إلا الله وحده، لا شریک له، له الملک، والله، الحمد، یحیی ویمیت، وهوحیٌ لا یموت، بیده الخیر، وهو علی کل شیءٍ قدیر.

After this he recites the prayer recommended by tradition (al‑du`a' al‑ma'thur).

As can be seen from the above, there is no divergence in this matter between the Shi`ah and the Sunni schools, except for some difference of expressions used. Also, I have not come across any jurist who regards taharah (from hadath and khabath) as obligatory for sa`y; most of the schools have expressly stated its being only mustahabb and the same is true (except for the Shafi'i) of the drawing of the hand (istilam) on the Black Stone before leaving for sa’y.

Also, all the schools are explicit about the istihbab of covering the distance between `the Milayn' (an expression used by the Hanafis and Malikis) or `the intervening distance' (wasat al‑masafah, an expression used by Shafi'is) or `between the Minaret and the Alley of the Pharmacists' (as Imamiyyah say) with

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a fast pace (harwalah). (1) Without doubt, an informed guide is necessary to enable the pilgrims to recognize the points designated as `Milayn' or `the Alley of the Pharmacists' (Zuqaq al‑`Attarin), or `the Minaret'.

wajib. Also, it is said of Malikis that according to them if the gap between the ashwat were to become inordinate, one should begin sa’y afresh; but if the gap were not prolonged, such as when one discontinues for selling or purchasing something, it is forgivable.

right or left, neither should he turn back either during the going (dhahab) or during the return (iyab).

completed, one's sa`y is invalid.

If one has recorded the number of ashwat performed, but doubts whether one started the first one from Safa or Marwah, he should consider the number of his present shawt and the direction he is facing. If, for instance, the number is an even one (2, 4, or 6) and he is at Safa or facing it, his sa’y is correct; because this shows that he had begun at Safa. Similarly, if the number is odd (3, 5, or 7) and he is at Marwah or facing it. But if the case is reverse, that is in an even shawt he is facing Marwah or in an odd one facing towards Safa, his sa’y is invalid and should be begun anew. (al‑Jawahir)

According to the other schools, the rule is to take the minimum one is certain of having performed, as in the case of salat. (Kifayat al‑'akhyar)

According to Abu Hanifah the Hajj is not invalid even if the sa`y is omitted altogether, because it is not a rukn and can be made good by a sacrifice. (al‑Shi'rani's al‑Mizan)

of the head, the beard, or the moustaches or the fingernails.

All the five schools agree that taqsir is an obligatory rite, though not a rukn. According to al‑Sayyid al‑Hakim, its relationship to Hajj is the same as that of the salam with respect to the salat, because the muhrim is relieved after it of his state of ihram in the same way as one performing the salat is after the salam.

The taqsir or the halq, whatever be the divergence of opinion about them, is to be performed once during 'Umrah mufradah and twice during Hajj al‑tamattu’. The details follow.

from the state of ihram, if one were performing a non‑tamattu' 'Umrah, he obtains relief from ihram after halq or taqsir, regardless of whether the hady accompanies him or not. But if one is performing 'Umrat al‑tamattu; he is relieved of ihram if not accompanied by the hady; but if accompanied he remains in the state of ihram. (al‑Mughni)

or taqsir should return to perform either of the two, regardless of whether his lapse was intentional or not, and despite the knowledge or out of ignorance. However, if it is difficult or infeasible for him to return, he may perform it wherever he can.

As to the rest, they say that it should be performed within the haram. (Fiqh al‑Sunnah)

All agree that sex is not permitted after the halq or the taqsir. The Malikis include perfume as also being impermissible. The Imamiyyah include with the above two hunting (sayd), which is forbidden because of the respect for the sanctity of the haram. Apart from these three things, the rest are permissible by the consensus of all the five schools. For the four Sunni schools, everything, including sex, becomes permissible after the tawaf al‑ziyarah. As for the Imamiyyah, sex and perfume are not allowed until after the tawaf al‑nisa'.

We conclude this section with the words of al‑'Allamah al‑Hilli in his Tadhkirah:

If [the pilgrim] departs from Mina without halq or taqsir, he returns to perform it there‑‑an obligation if within the reach of possibility. But if his returning is not possible, he performs halq wherever he is, sending his hair to be carried to Mina to be buried there, which if he cannot there is nothing upon him .... The time for halq is on the day of `Id, by consensus, for the Almighty has said [in Qur'an]:

..وَلَا تَحْلِقُوا رُءُوسَکُمْ حَتَّیٰ یَبْلُغَ الْهَدْیُ مَحِلَّهُ …

"And do not shave your head until

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the sacrifice reaches its [specified] destination." (2:196);

and the place of the sacrifice (hady) is Mina on the day of `Id. It has been recorded that the Prophet (s) performed first ramy, then nahr, and then halq, at Mina on the `Id day.

We shall have occasion to refer to the hukm about the ha1q performed prior to the dhabh while discussing later the rites of Mina.(1)

tawaf on entering Makkah and before proceeding to wuquf [in `Arafat]." Ibn Hajar, in Fath al‑Bart bi Sharh al‑Bukhari, writes: "All of them [the four legal schools] agree that there is no harm if one who has assumed ihram for Hajj al‑'ifrad performs a tawaf of the (Holy) House," that is, before proceeding to `Arafat. One on Hajj al‑tamattu', as said, should perform the tawaf of `Umrat al‑tamattu` instead of the tawaf al‑qudum.

writes: "To spend the night of `Arafah at Mina for resting is mustahabb; but it is not a rite, nor is there anything against one who doesn't do it." Fath al‑Bari and Fath al‑Qadir have something similar to say.

The word `rest' (for istirahah) used by al‑`Allamah al‑Hilli does not need to be explained, for travel in the past used to be exhausting; so he considered it mustahabb for the pilgrims to stay for the night at Mina so as to arrive looking fresh and in good spirits at `Arafat. But travel today is quite a pleasure. Therefore, if one spends the night of `Arafah in Makkah, going to `Arafat the following morning, or after the zuhr prayer, passing through Mina on his way‑‑as the pilgrims' practice is nowadays‑‑that is sufficient and there is nothing wrong in that. The pilgrim will return to Mina later after the halt in `Arafat, for the ramy al‑Jamrah‑‑but to that we shall come later.

the same day, for one who is free to plan; and in case of one in an exigency, until the following daybreak.

It is mustahabb to take a bath for the wuquf in 'Arafat, to be performed like the Friday bath. There is no rite to be performed in 'Arafat except one's presence there: one may sleep or keep awake, sit, stand, walk around or ride a mount.

where my camel stands, the place would be too little for the people." (al‑Tadhkirah)

day; in the case of the latter, the period lasts until the daybreak of the tenth.

So one who can make the halt from noon until sunset for the entire period, it is wajib upon him; although halt not far the entire period but halt for a part of it is rukn [that is without it the Hajj would not be valid], the rest being merely a wajib. This means that if someone omits the halt his Hajj is invalid far not performing a rukn of it. But if one makes a short halt, he has omitted only a wajib which is not rukn, and so his Hajj does not lose its validity [on this account]. Moreover, if someone cannot make the halt for the entire ikhtiyari period, due to some legitimate excuse, it is sufficient for him to make the halt for a part of the night of `Id.

According to the Shafi'i, the Maliki, and the Hanbali schools, mere presence even if for a single moment, is sufficient. (al‑Fiqh `ala al‑madhdhib al‑'arba `ah, Manar al‑sabil)

According to the Imamiyyah, if one leaves `Arafat intentionally before the midday, he must return and there is nothing upon him if he does. But if he doesn't, he must sacrifice a camel, and if that is beyond his means fast for 18 days in succession. But if the lapse were by oversight and he does not discover it until the time is past, there is nothing upon him, on condition that he is present

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at the halt in al‑Mash'ar al‑Haram in time. But if he remembers before the period expires, he must return as far as possible, and if he doesn't he must sacrifice a camel.

The Malikis say that one who makes the halt in `Arafat after the midday and leaves `Arafat before the sunset, he must repeat the Hajj the following year if he does not return to `Arafat before the daybreak (on the 9th). But all other legists say that his Hajj is complete. (Ibn Rushd's Bidayah)

According to al‑Fiqh al‑musawwar `ala madhhab al‑Shafi'i, "if one forgets and omits the halt, it is obligatory upon him to change his Hajj into `Umrah, and then complete the remaining rites of Hajj after performing its rites; also he must repeat the Hajj in the immediate following year."

It is mustahabb for one performing the halt in 'Arafat to: observe taharah; face the Holy Ka'bah; and do a lot of dua' and istighfar, with due surrender, humility, and with a heart‑felt presence before God.

(2:198)

Also, there is agreement that it is mustahabb to delay the maghrib (sunset) prayer on the night preceding the `Id day until Muzdalifah is reached. The author of al‑Tadhkirah writes that when sun sets in `Arafat, then one should go forth before the (maghrib) prayer towards al‑Mash'ar al‑Haram and recite there the supplication prescribed by tradition. The author of al‑Mughni says, "It is sunnah (i.e. mustahabb) for one leaving `Arafat not to offer the maghrib prayer until Muzdalifah is reached, whereat the maghrib and the `isha' prayers should be offered together.

There is no difference regarding this, as Ibn al‑Mundhir also points out when he says: "There is consensus among the `ulama', and no divergence of opinion, that it is sunnah for the Hajj pilgrim to offer the maghrib and the `isha' prayers together; the basis for it is that the Prophet (s) offered them together.' "(1)

All the legal schools, with the exception of the Hanafi, agree that if one were to offer the maghrib prayer before reaching Muzdalifah and not offer the two prayers together, his salat is nevertheless valid despite its being contrary to what is mustahabb. Abu Hanifah does not consider it valid.

matter among the Imamiyyah legists that it is permissible, in case of overcrowding, to ascend the heights towards the hill, which is one of the limits of Muzdalifah.

the schools permit departure after midnight." Therefore, with the exception of the Imamiyyah and the Hanafi schools, others permit departure from Muzdalifah before the daybreak.

The Imamiyyah say that the time of halt in al‑Mash'ar al‑Haram is of two kinds: the first (ikhtiyari) is for one who has no reason for delaying, and that is the entire period between the daybreak and the sunrise on the day of `Id; whoever leaves advertently and knowingly from the Mash'ar before the daybreak and after being there for the whole or part of the night, his Hajj is not invalidated if he had halted at 'Arafat, although he must sacrifice a sheep. If he had left the Mash'ar on account of ignorance, there is nothing upon him, as made explicit in the above quotation.

The second (idtirari) is for women and those who have an excuse for not halting between the daybreak and the sunrise; their time extends to midday on the day of `Id. The author of al‑Jawahir says that there is both textual evidence (from hadith) as well as consensus to support the above prescription, and the fatawa of al‑Sayyid al‑Hakim and al‑Sayyid al‑Khu'i are also in accordance with it. The latter has not stated midday as the idtirari time limit, but says that it is sufficient to make the halt after sunrise.

The Imamiyyah also say that the wuquf in the two specified periods of time is a rukn of the Hajj. Therefore, if someone does not perform it altogether either in

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the ikhtiyari period for the night or in the idtirari period, his Hajj is invalid if he hadn't spent the night there; but not if the default ‑was on account of a legitimate excuse, on condition that he had performed the halt at 'Arafat. So one who fails to make the halts at 'Arafat and the Mash'ar, neither in the ikhtiyari nor in the idtirari period, his Hajj is invalid even if the failure was on account of a legitimate reason. It is obligatory upon him to perform Hajj the year after if the Hajj intended was a wajib one; and if it was a mustahabb Hajj, it is mustahabb for him to perform it the next year. (al-Jawahir)

The halt in al‑Mash'ar al‑Haram is held in greater importance by the Imamiyyah than the one in 'Arafat; that is why they say that one who loses the chance to be present at the halt in 'Arafat but participates in the halt at the Mash'ar before the sunrise, his Hajj is complete. (al‑Tadhkirah)

rite of the ramy. Ibn Hanbal is narrated to have said that the pebbles may be gathered from any place; and there is no disagreement that it suffices to gather them from whatever place one wishes.

The maintenance of taharah, the pronouncing of tahlil, takbir, and du`a' (the prescribed one or something else) is also mustahabb.

says that if someone performs halq before the nahr or the ramy, he must make a sacrifice; and if he was performing Hajj al‑qiran then two sacrifices. (Ibn Rushd's al‑Bidayah). According to the Imamiyyah, it is a sin to change the order knowingly and intentionally, although repetition is not required. The author of al‑Jawahir says, "I have not found any difference of opinion on this point", and al‑Madarik states that the jurists are definite on this point.

Now we shall deal with each one of these rites under a separate heading.

perform the ramy of the Jamrat al‑`Aqabah before the daybreak, and if performed without an excuse, must be repeated. They permit it for an excuse like sickness, weakness, or insecurity (fear).

According to the Shafi'i school, performing the rite earlier is unobjectionable, for the specified period is mustahabb not wajib (al‑Tadhkirah, Ibn Rushd's Bidayah). However, if delayed until after sunset on the day of `Id, according to Malik, the defaulter must make a sacrifice if he performs the rite during the night or the next day. According to the Shafi`is, there is nothing upon him if he performs the rite of ramy in the night or the next day. (Ibn Rushd's Bidayah)

According to the Imamiyyah, the time of this ramy extends from sunrise until sunset on that day. If forgotten, the rite must be performed the next day. If again forgotten, on the 12th, and if one fails again, it can be performed on the 13th. But if one forgets until one has left Makkah, he may carry it out the following year, either himself or through a deputy who carries it out on his behalf.(1)

point.

5. The pebbles must reach their target through being thrown (ramy); thus if they are tossed in some other manner, it does not suffice according to the Imami and the Shafi'i schools, and is not permissible according to the Hanbali and the Hanafi schools. (al‑Mughni)

6. The pebbles must be of stone, not of other material, like salt, iron, copper, wood or porcelain, etc.; this is accepted unanimously by all the schools except that of Abu Hanifah, who says that it is all right if pebbles are made of some earthen material, such as porcelain, clay or stone. (al‑Mughni)

7. The pebbles must be `new', that is, not used for rainy before; the Hanbalis state this condition expressly.

Taharah is not a condition in ramy, though desirable.

The Imamiyyah say that it is mustahabb that the pebbles be about the size of a finger tip and rough, neither black, nor white, nor red. The other schools say that their size must be about that of the seed of a broad bean (baqila').

The Imamiyyah also say that it is mustahabb for the Hajj pilgrim to perform all the rites facing the Qiblah, with the exception of the ramy of the Jamrat al‑`Aqabah on the day of `Id, which is mustahabb to perform with one's back towards the Qiblah, since the Prophet (s) had performed this rite in that way. The other schools say that facing the Qiblah is mustahabb even in this rite.

Also, it is mustahabb to perform the ramy on foot (though riding a

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mount is permissible), not to be farther from the Jamrah than 10 cubits, to perform it with the right hand, to recite the prayers prescribed by tradition and other prayers. Following is one of the prayers prescribed by tradition:

اللهم اجعله حجاً مبروراً، وذنباً مغفوراً. اللهم إن هذه حصیائی، فأحصهن لی،

وارفعهن فی عملی ... الله أکبر. اللهم أدحر الشیطان عنی.

O God, make my Hajj a blessing, a forgiving of my sins .... O God, these pebbles of mine, reckon them and place them high in my actions .... God is Great. O God, repel Satan from me.

about its flesh; (6) the substitute duty of one who can neither find the hady nor possess the means to purchase one. The details are as follow:

with the verse:

فَإِذَا أَمِنْتُمْ فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَی الْحَجِّ فَمَا اسْتَیْسَرَ مِنَ الْهَدْیِ

...If in peacetime anyone of you combines the `Umrah with the Hajj, he must offer such sacrifice as he can... (2:196)

(2) The sacrifice related to halq, which is a wajib open to choice, in accordance with the verse:

 فَمَنْ کَانَ مِنْکُمْ مَرِیضًا أَوْ بِهِ أَذًی مِنْ رَأْسِهِ فَفِدْیَةٌ مِنْ صِیَامٍ أَوْ صَدَقَةٍ أَوْ نُسُکٍ

But if any of you is ill or suffers from an ailment of the head, he must offer a fidyah either by fasting or by alms‑giving or by offering a sacrifice. (2:196)

(3) The sacrifice related to the penalty (jaza') for hunting, in accordance with the verse:

 وَمَنْ قَتَلَهُ مِنْکُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ یَحْکُمُ بِهِ ذَوَا عَدْلٍ مِنْکُمْ هَدْیًا بَالِغَ الْکَعْبَةِ

He that kills game by design, shall present, as an offering near the Ka`bah, a domestic beast equivalent to that which he has killed, to be determined by two honest men among you; .... (5:95)

(4) The sacrifice related to "ihsar" [some hindrance which keeps one from completing the rites of Hajj, such as illness or interruption due to an enemy], in accordance with the following verse (al‑Tadhkirah):

إِنْ أُحْصِرْتُمْ فَمَا اسْتَیْسَرَ مِنَ الْهَدْیِ

If you cannot; offer such sacrifice as you can afford... (2:196)

Besides the above four, there are also the obligatory sacrifices related to any of the following: `ahd (pledge), nadhr (vow), yamin (oath). In what follows we shall discuss hady as one of the rites of Hajj.

of all the schools, upon one performing `Umrah mufradah, nor on one performing Hajj al‑'ifrad. Similarly, there is consensus regarding its being obligatory upon the non‑Makkan pilgrim on Hajj al‑tamattu`. The four Sunni schools add that it is also obligatory upon the pilgrim on Hajjal‑qiran.

According to the Imamiyyah, it is not obligatory on one on Hajj al‑qiran except with nadhr (vow), or when he brings along with him the sacrificial animal at the time of assuming ihram.

There is disagreement regarding whether the Makkan performing Hajj al‑tamattu` must offer a sacrifice or not. According to the four Sunni schools, the hady is not wajib upon him. Al‑Mughni states that "there is no disagreement among scholars that the sacrifice of tamattu` is not wajib on those living in the neighbourhood of al‑Masjid al‑Haram." The Imamiyyah say that if the Makkan performs Hajj al‑tamattu` the hady is obligatory upon him." This is stated by al‑Jawahir where it says, "If the Makkan were to perform Hajj al‑tamattu; the hady is wajib upon him according to the widely held (mashhur) opinion [of the Imami fuqaha'].

The legal schools, however, agree that the obligatory hady is not one of the arkan of Hajj.

of one year; if a cow, of two years; and if a camel of five years. This agrees with the Imamiyyah view as stated by al-Jawahir, with the difference that the camel must have entered its sixth and the goat its second year.

Al‑Sayyid al‑Hakim and al‑Sayyid al‑Khu'i have said that it suffices if the camel has entered its sixth and the cow or the goat its third. As to the sheep, they add, to be cautious, the sheep must have entered its second.

2. The sacrificial animal must be free of any defect, and, by consensus, must not be one‑eyed, lame, sick or old and decrepit. There is disagreement, however, regarding its acceptability in case of castration, being without horns or with broken ones, missing or mutilated ears or tail. Such are not acceptable according to al‑Sayyid al‑Hakim and al‑Sayyid al‑Khu'i, but acceptable according to the author of al‑Mughni.

Al‑`Allamah al‑Hilli, in al‑Tadhkirah, says that female camel and cow and male sheep and goats are to be preferred, although the permissibility of the converse in the two cases is not disputed by any school. The author of al‑Mughni' says that the sex of the sacrificial animal is irrelevant.

time limit. The Ma1ikis do not recognize any difference between various kinds of hady, as mentioned by al‑Fiqh `ala al‑madhahib al‑'arba`ah.

The Hanbalis say that if the sacrifice is made before its time, it must be made again. If after its time, in case of mustahabb the lapse of time cancels it; and in case of wajib it must be fulfilled. According to the Hanafis, slaughtering the sacrificial animal before the three days of `Id is not sufficient, but is if done later though a kaffarah is required for the delay. According to the Shafi`is, the time of the obligatory sacrifice for Hajj al‑tamattu` starts with ihram; therefore, performing it earlier [than the day of `Id] is permissible, and there is no time limit for delaying, although it is best performed on the `Id day. (al‑Fiqh `ala al‑madhahib al‑'arba`ah)

The Imamiyyah regard niyyah as being obligatory in slaughtering (dhabh or nahr), and say that its time is on the day of `Id; although it is acceptable until the third day following it, or even until the end of Dhu al‑Hijjah, although the delay is a sin. The author of al‑Jawahir reports that there is no divergence [among Imami legists] on this point, even if the delay is without a [legitimate] excuse. It is not permissible, according to the Imamiyyah, to make the sacrifice before the 10th of Dhu al‑Hijjah.

As to the place, it is the Haram, according to the Hanbali, the Shafi'i, and the Hanafi schools, which includes Mina

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(1) and other places, as mentioned above while discussing ihram and the limits of the harams of Makkah and al‑Madinah.

According to the Imamiyyah, there are three conditions for slaughtering the hady in Mina: (1) that the hady must have been brought in the ihram assumed for Hajj, not in the ihram for `Umrah; (2) the pilgrim should have halted for some time of the night with the hady in `Arafat; (3) he should have made the resolve to make the sacrifice on the day of `Id or the following day. Also the Imamiyyah say that the pilgrim of Hajj al‑tamattu` may make the sacrifice nowhere but in Mina, even if his Hajj is supererogatory. But the hady brought along in the ihram of `Umrah is to be slaughtered in Makkah. (al‑Tadhkirah)

In any case, for all the schools offering of the sacrifice is legitimate and preferable at Mina. Ibn Rushd says that the consensus of the `ulama' is in favour of slaughtering the hady at Mina. Secondly, the difference between the Imamiyyah and the other schools is that the Imamiyyah specify Mina, while others allow an open choice between Mina and other places inside the haram of Makkah.

flesh of a wajib hady, but that of a voluntary or mustahabb hady is permissible. The Malikis say: with the exception of the sacrifice made as fidyah for hurting someone (adha), hunting, or sacrifice vowed (nadhr) specifically for the poor, and the voluntary hady which dies before reaching its destination; the flesh of the hady may be eaten in all cases. (al‑Mughni, al‑Fiqh ala al‑madhahib al‑'arba`ah, Fiqh al‑Sunnah)

The Imamiyyah say: a third of the flesh should be given to the poor believers; another third to other believers, even the well off; and the remaining third may be consumed by the pilgrim. (al-Jawahir, al‑Sayyid al‑Hakim and al‑Sayyid al‑Khu'i in their books on the manasik of Hajj).

pilgrim should be a man of means in his own homeland. This is because the obligation is specific to the occasion and so is the capacity to fulfil it. A similar case is that of availability of water for taharah.

with what you give him and does not show his displeasure and does not frown or twitch his mouth in irritation. The mu`tarr is one who comes to you for charity and presents himself."

of non‑wajib sadaqat or making of endowment (waqf) in favour of a Muslim or a non‑Muslim. Sayyid Abu al‑Hasan al‑'Isfahani, in his Wasilat al‑najat, says: "In giving of mustahabb sadaqah, poverty or possession of iman or islam is not a condition for the recipient. He may be a well‑to‑do man, a non‑'Imami, a Dhimmi, and a total stranger (not a blood relation of the giver of charity)." Al‑Sayyid al‑Kazim, in the appendices of al‑`Urwat al‑wuthqa, permits giving of sadaqah even to a warring infidel (kafir harbi).

the Dar al‑`Ilm li al‑Malayin, Beirut, wanted to bring out a new edition of my book al‑'Islam ma`a al‑hayat, I included it also with a title "Hal ta`abbadana al‑Shar` bi al‑hadyfi hl yutrak fihi li‑al fasad?" ("Does the Shari'ah command us to make the sacrifice in order to rot?").

There, I have drawn the conclusion that the hady is obligatory only when one can find someone to eat it or where it is possible to preserve the meat through drying or canning. But when the sacrifice is solely carried out for destruction through burning or burying, its permissibility in the present conditions seems doubtful and questionable. Anyone who wishes to see the details of my argument may refer to the second edition of al‑'Islam ma`a al‑hayat.

Later I came across a tradition in al‑ Wasa'il which confirmed my position, and which the author had placed in the Book of udhiyyah (sacrifice) in a section entitled "Bdb ta'akkud istihbab al‑'udhiyyah". The tradition reads:

 عن الصادق عن أبائه عن رسول الله (ص) أنه قال: "إنما جُعل هذا الأضحی لتشبع مساکینکم من اللحم فأطعموهم."

From al‑Sadiq (`a), from his ancestors, from the Prophet (s), that he said: "This sacrifice has been instituted to feed the poor among you with meat. So feed them."

Although this tradition is related particularly to voluntary sacrifice, it also throws light on the purpose behind al‑hady al‑wajib.

thirdly, halq or taqsir. We have already discussed the third under the head "Halq or Taqsir." We have referred to the rule about doing the halq or taqsir before the dhabh when discussing the order of the rites under the head "In Mina", where the reader will find its details.

When the pilgrim completes his rites in Mina on the day of `Id (such as ramy and dhabh), he returns to Makkah to perform the tawaf al‑ziyarah; then he offers its related rak'atayn and performs the sa’y between Safa and Marwah. According to the four Sunni schools, he returns to Mina after that tawaf and everything becomes permissible to him thereupon, even sex. According to the Imamiyyah, he has to perform another tawaf the tawaf al‑nisa', and offer its related rak'atayn. Sex does not become permissible to the pilgrim, from the Imamiyyah viewpoint, without this tawaf which we have already discussed in detail above.

wajib agree that it is a rite and not a rukn. They disagree, however, regarding the necessity of kaffarah upon the defaulter. According to Ahmad ibn Hanbal, there is none; according to al‑Shafi`i, a mudd (al‑Tadhkirah, al‑Mughni, Fiqh al‑Sunnah); and according to Malikis, a sacrifice (al‑Zarqani's sharh of Malik's Muwatta').

According to the Irnamiyyah, "If one spends the night at a place other than Mina, there is nothing upon him if he spends it at Makkah praying all the night until morning; but if the night is spent there without prayer, or somewhere else, in prayer or otherwise, he must sacrifice a sheep, even if the default was on account of oversight or ignorance". (al‑Sayyid al‑Hakim's Manahij al‑nasikin).

There is no obligatory rite for the nights in Mina, though spending them in prayer and worship in mustahabb.

the five schools are in consensus about the number of jimar and the way of performing the ramy on the three days. Below is the way of its performance as described by al‑Tadhkirah and al‑Mughni.

The pilgrim performs ramy on each of the three days by throwing 21 pebbles, seven in each of the three times. He begins at the first jamrah, al‑Jamrat al‑'Ula, which is the farthest of them from Makkah and nearer to Masjid al‑Khayf. It is mustahabb to toss the pebble in a fashion called hadhf(1), from the left side standing at Batn al‑Masil, and to say takbir with every pebble that is thrown and to pray.

After that, he proceeds to the second jamrah, called al‑Jamrat al‑Wusta, halts at the left side of the way, and, facing the Qiblah, praises Allah and prays for blessings upon the Prophet (s), then moving ahead a little prays, and then throws the pebbles in the same way as above, then pauses and prays after the last pebble.

Then he moves on to the third point called Jamrat al‑`Aqabah, and performs the rite of ramy as before, without any pause after finishing. With this the rites of ramy for the day are complete. (2)

The total number of pebbles thrown on the three days in 63 (that is, if one spends the night of the 13th in Mina), 21 each day.

With the seven thrown on the day of `Id the total number is 70.

The author of al‑Tadhkirah, after the above description, says that there

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is no difference of opinion about it. The author of al‑Mughni makes a similar remark, adding that Malik has opposed the raising of hands.

The description of the rites of ramy given by the author of al‑Mughni is similar if not exactly the same as the one given above by the author of al‑Tadhkirah.

All schools, except Abu Hanifah, agree about the order of the ramy of the jimar, and that if one of them is stoned out of turn, then it is obligatory to repeat the rite in the correct order. Abu Hanifah says that the order is not binding. (al‑Tadhkirah, al‑Mughni)

The ramy may be performed on foot or from a mount, though the former is better. It is permissible for one who has an excuse that someone else may perform it for him, and there is nothing upon one if he omits the takbir, the prayer or the pause after the second jamrah.

If the ramy is delayed by a day intentionally, or on account of ignorance or oversight, or is put over completely until the last day of Tashriq and is performed on a single day, the pilgrim does not incur a kaffarah according to the Shafi`is and the Malikis. Abu Hanifah says that if one, two, or three pebbles are delayed by a day, for every pebble delayed a poor man must be fed; if four are delayed by a day, a sacrifice becomes essential.

All the four schools are in consensus that if one does not perform the

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ramy at all until the days of Tashriq are past, he is not obliged to perform the rite later any time. But they disagree as to the related kaffarah, which, according to the Malikis is sacrifice regardless of some‑‑even one‑‑or all of the pebbles being omitted; according to the Hanafis the sacrifice is required for omitting all, and for fewer one must feed a poor man for every pebble omitted.

The kaffarah according to Shafi'is is a mudd of food for every pebble if two are omitted; for three a sacrifice becomes obligatory. (Ibn Rushd's Bidayah, al‑Mughni)

The Imamiyyah say, if the ramy of one or more jimar is forgotten, the rite must be performed during the days of Tashriq; but if forgotten altogether until one reaches Makkah, the pilgrim is obliged to return to Mina to perform them if the days of Tashriq are not past; otherwise he must perform the rite himself the following year, or depute another to perform it; in any case there is no kaffarah upon him. (al‑Tadhkirah) This agrees with the fatawa of al‑Sayyid al‑Hakim and al‑Sayyid al‑Khu'i, with the difference that the former regards the legal grounds in favour of the obligation of completion of the rite as stronger (aqwa), whereas the latter considers it as dictated by caution (ahwat), and both agree that intentional omission of ramy does not invalidate the Hajj.

We referred earlier to the consensus of all the schools that it is sufficient for the Hajj pilgrim to remain for only

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two days of Tashriq in Mina and that he may depart before the sunset on 12th; if he remains until sunset, it is obligatory upon him to stay overnight and perform the rite of ramy on the 13th. The Imdmiyyah, however, say that the permissibility of leaving on the 12th is only for one who has not violated the prohibition on hunting and sex in the state of ihram; otherwise he is obliged to remain in Mina on the night of the 13th.

Offering salat in the Masjid al‑Khayf at Mina is mustahabb, so also on the hill called Khayf. (al‑Tadhkirah)

On returning to Makkah after the rites of Mina, it is, according to Imamis and Malikis, mustahabb to perform the tawaf al‑wada; which, according to Hanafis and Hanbal is, is wajib for non‑Makkans and those who do not wish to stay on in Makkah after returning from Mina. There is no tawaf al‑wada; nor any fidyah, for women who enter their periods before the departure, even from the viewpoint of those who consider the tawaf as obligatory; however, it is mustahabb for her to bid farewell to the House from the door nearest to it and without entering al‑Masjid al‑Haram.

Here we conclude the discussion about the rites of Hajj.

moon has been established for an Imami mujtahid or not. In such a case, what is an Imami pilgrim to do about the wuquf in `Arafat and other rites related to specific dates and times if he cannot act according to his own school of fiqh? Is his Hajj invalid if he makes the halt with others, performing all the rites simultaneously with them?

Al‑Sayyid al‑ Hakim, in his Manahij al‑hajj (1381 H.), p. 91, says: "When the non‑Imami authority (hakim) rules that the new moon has been sighted, so that the halt in `Arafat takes place on the 8th of Dhu al‑Hijjah and the halt in the Mash'ar on the 9th, then on the principle of taqiyyah, or the fear of being harmed, the halt with others is valid and relieves one of the duty. The same holds in case of a na'ib undertaking Hajj on another's behalf or one on a mustahabb Hajj of oneself or that of another. Also, there is no difference with respect to fulfilment of the duty whether he knows or not that the ruling (of the non‑Imami hakim) is contrary to the reality."

Al‑Sayyid al‑Khu'i in Manasik al‑hajj (1380 H.), p. 80, says: "When the new moon is established for a non‑Imami qadi and he rules that it has been sighted, but the sighting of the new moon is not established for the Shi`ah `ulama', to follow others in making the halt is obligatory and satisfactory of the Hajj duty if there is a probability

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of the ruling being correct. One who acts contrary to the dictates of taqiyyah and the possibility of being harmed, thinking that legal caution lies in acting contrary to them, has committed something forbidden and his Hajj is invalid.”(1)

There is no doubt that God desires ease not hardship for His servants, and there is hardship in repeating the Hajj another time, even for one who has the means to undertake it more than once. But what should a poor man do who returns the next year to find the same thing to have occurred again? Should he keep on repeating the pilgrimage, two, three, or four times... until it coincides with the ruling of his school? May God's peace and benedictions be upon Amir al‑Mu'minin, the Sayyid al‑Wasiyyin, who said:

إن الله کلّف یسیراً ، ولم یُکلف عسیراً ، وأعطی علی القلیل کثیراً.

God has assigned duties which are easy to fulfil not difficult to cope with; and He rewards much for little.

Besides, we know that such kind of things happened during the era of the Infallible Imams (`a) and not one of them is known to have commanded the Shi`ah to repeat the Hajj. It is on this basis that al‑Sayyid al‑Hakim, in Dalil al‑nasikin, says, "To fall in with the ruling of the non‑Imami qadi is permissible; this is in accordance with definitive practice from the times of the Imams (`a), which has been to follow them (i.e. the non‑Imamis) in the halt (at `Arafat), and no other alternative

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has ever been suggested."

However, al‑Sayyid al‑Shahrudi, in his Manasik al‑hajj, says, "It is permissible to follow, in regard to this question, the fatwa of the absolute mujtahid (al‑mujtahid al‑mutlaq) who considers it permissible." To tell the truth, to me this kind of thing is not digestible when coming from a mujtahid mutlaq, although I have read and heard such things from more than one mujtahid whom the common people follow.

Because, a mujtahid mutlaq in his fatwas should either take an affirmative or a negative stand, and if he doesn't, has no right to be a legal authority (for taqlid). Someone may say that it is not a condition for being mujtahid mutlaq that he should never abstain from giving a definitive fatwa or give up caution (ihtiyat) in some matter, for `caution is the path of salvation' (al‑'ihtiyat sabil al‑najat). In answer I would say, this is an obvious fallacy.

Because, ihtiyat in a matter is something, and giving a fatwa to consult someone else is another matter. In fact when the mujtahid sees the necessity of ihtiyat in a matter, he does not give a fatwa upon it‑‑as is the practice of legal authorities regarding several issues?

Here we affirm al‑Hakim's position, because we understand from the necessary grounds for taqiyyah that the 9th is a requirement for wuquf in 'Arafat when that requirement can be satisfied in presence of security and absence of any fear of harm. But in case of insecurity and fear this condition does not

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stand, exactly like the requirement for sajdah (prostration) in salat that it should be made on something which is not edible or wearable (ghayr al‑ma'kul wa al‑malbus)‑‑a requirement which applies to conditions when security is present and which falls in case of insecurity and fear.

she is a part (bid'ah). There are several reports about the location of her honoured tomb, of which the most probable seems to be the one according to which she was buried in her house adjacent to her father's mosque. When the mosque was extended by the Umayyads, the grave also came to be included inside it. This is what Ibn Babawayh (al‑Shaykh al‑Saduq) believed. We think this is highly probable, because it agrees closely with the tradition that her grave is in a garden between the grave (of the Prophet) and the minbar. Allah alone has knowledge of everything.

`Umar and left the houses of the Prophet's wives untouched. The building remained as `Uthman had made it until al‑Walid ibn `Abd al‑Malik demolished it again and extended it on all sides, and including even the houses of the Prophet's wives, together with that of `A'ishah, thus making the Prophet's tomb a part of the mosque.

The building constructed by al‑Walid stood until 266/879 when al‑Mahdi, the `Abbasid caliph, greatly extended its northern side. The building endured until the year 654/1256 when a fire broke out bringing down the roof and burning doors and the Prophet's minbar. The Mamluk sultan al‑Zahir rukn al‑Din Baybars I (658‑‑676/1260‑­1277) ordered its reconstruction and the mosque was restored to its original form before the fire.

In 886/1481, lightening struck the mosque destroying all the building except the chamber of the Prophet's tomb and a dome in the mosque's courtyard. It was rebuilt by the Mamluk king al‑'Ashraf Sayf al‑Din Qait Bay (872‑‑901/1467‑‑95) in a fashion better than before. In the 10th/16th century the Ottoman sultan Salim had it renovated, building the mihrab (niche) on the western side of the minbar and which is still there.

In the 13th/19th century the Ottoman sultan Mahmud II (1223‑‑1255/1808‑‑1839) had the green dome constructed. During the same century the mosque again needed repairs, which were carried out by the orders of the Ottoman sultan. This time, the engineers dismantled the old building little by little gradually building in its place the new structure which was completed in 1277/1861.

temple ever to be built for men, a blessed place a beacon for the nations' (3:96) and the most ancient of them in the Middle East. It was first built by Ibrahim, the ancestor of the prophets, and Isma'il, his son, and the Qur'an quotes them praying as they raised its walls:

وَإِذْ یَرْفَعُ إِبْرَاهِیمُ الْقَوَاعِدَ مِنَ الْبَیْتِ وَإِسْمَاعِیلُ رَبَّنَا تَقَبَّلْ مِنَّا إِنَّکَ أَنْتَ السَّمِیعُ الْعَلِیمُ 

And when Ibrahim and Isma'il raised up the foundations of the House (and dedicated it, saying): `Our Lord, accept this from us; Thou hear all and know all'. (2:127)

Isma'il gathered the stones and Ibrahim put them on one another until the walls were raised to the height of a man. Then the Black Stone was put in its place. According to tradition, the Ka'bah (al‑Bayt al‑Atiq) was nine cubits high and had an area of twenty by thirty cubits when Ibrahim (`a) built it. It had two doors, but was without a roof.

As to the Black Stone, it is said to have been brought by Gabriel from heaven. It is also said that Adam brought it along with him on his descent from Paradise, that at first it was snow‑white and was blackened by the deeds of men, and so on. There is no harm in not believing any of these stories and the like, nor are we obliged to establish their verity, nor to know the origin of the Stone. All we are obliged to do is to revere it because the Prophet (s)

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considered it sacred and revered it. If someone asks the secret behind the Prophet's regarding this stone as sacred, all we can say is that only God and His Apostle know best.

According to some traditions the Ka'bah stood as Ibrahim and Isma`il had built it until it was rebuilt by Qusayy ibn Kilab, the fifth ancestor of the Prophet (s). The structure built by Qusayy stood until the time when the Prophet was 35 years old, when a great flood demolished its walls. The Quraysh rebuilt it. When the walls were raised to a man's height the clans disputed as to who should receive the honour of lifting the Black Stone into its place. They almost came to war with one another, if it was not for their making Muhammad the arbiter amongst themselves.

The Prophet's solution was to spread a cloak on the ground. Then taking up the Black Stone he laid it on the middle of the garment. "Let the eldest of each clan take hold of the border of the cloak," he said. "Then lift it up, all of you together." When they had raised it to the right height, he took the Stone and placed it in the corner with his own hands.

May God's benedictions and His mercy be upon you, O Apostle of God! You raised the Stone first with your noble hands from the ground and then put it into its place again with your hands. Thus you made God and man well pleased

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with you. This event was a definite evidence of your superiority over all, and of your being a `mercy for all the worlds', before your declaration of the apostlehood as after it. Your act was a clear sign that you were the bearer of a Divine mission, and that those who rejected you were enemies and opponents of the truth and of humanity.

The Ka'bah remained in its condition until Yazid ibn Mu'awiyah became caliph and till `Abd Allah ibn al‑Zubayr challenged his sovereignty over the Hijaz. Yazid's forces installed catapults on the hills around Makkah and bombarded the Ka'bah with tens of thousands of stones. The Ka'bah caught fire which finally demolished its structure. Ibn al‑Zubayr repaired it as it was before without making any changes, and he put a wooden fence around it. When `Abd al‑Malik ibn Marwan came to power, Ibn al‑Zubayr was besieged by his forces under al‑Hajjaj ibn Yusuf, who ultimately killed Ibn al‑Zubayr after causing damage to a part of the Ka'bah. Al‑Hajjaj rebuilt the demolished portions and made some changes in the walls as they used to be, and also had one of its doors (the `western door') blocked.

The Ka'bah remained in the altered condition after al‑Hajjaj's repairs until the year 1040/1630 when its walls collapsed due to heavy rains. Thereafter the Muslims from every corner gathered together to restore it and collected contributions from various regions of the Muslim world to rebuild it in the form as it stands to this day.

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