Hajj (Pilgrimage) Jurisprudence (Part 2)

Preparation for Hajj

Anyone who wishes to go on Hajj is obliged to fulfill certain requirements before he sets out for the journey. These are:

·     Sincerity to Allah Almighty, for Allah does not accept insincere acts of worship. He says in the Qur'an, "And they have been commanded no more than this: to worship Allah, offering Him sincere devotion, being true in faith; to establish regular Prayer; and to practice regular Charity and that is the Religion Right and Straight” [98:5] and "Is it not to Allah that sincere devotion is due?” [39:3]

·       To repent truly and sincerely of all the sins he has committed so as to go on Hajj with a clean heart.

·   Leaving adequate provisions for his dependents till he comes back. Abu Dawud and Al Hakim reported that the Prophet B said, "How sinful of a man to leave his dependents without support”.

·     Taking enough provision with him to be on his best behaviour throughout his journey. Ibn Abbas (may Allah be pleased with him) said, "The people of Yemen used to come for Hajj and used not to bring enough provisions with them and used to say that they depend on Allah. On their arrival in Madinah they used to beg (from) the people, and so Allah revealed, "And take a provision (with you) for the journey, but the best provision is the fear of Allah."[2:197] (Al Bukhari, vol. 2, # 598)

·   Settling his debts. The Prophet B said, "The Muslim's soul is suspended against his debt (after death) until the debt is paid back on his behalf” (A’Tirmidhi, #1078). He should also give back all the borrowed items as well as deposits and free himself from all obligations towards others.

·    Writing his will in which he states his unsettled debts and any other liabilities. The Prophet B said, "It is not permissible for the Muslim who has something to write in a will, to spend two nights without having his will written and kept near his head”. (A’Rabee’, #678).

·        Conciliating his family, relatives, neighbours, and friends and bidding them farewell.

·        Learning the rites of Hajj and how to perform them correctly, because acts of worship are not valid when done ignorantly. It is preferable to take with him a book about Hajj.

·        Going with righteous companions who would help him to perform the rituals of Hajj better.

·       Making sure that the money he is going to spend on Hajj is lawful and free of any suspicious earnings.

·        If possible, it is preferable to travel on a Thursday. It is narrated in the Two Sahihs (Al-Bukhari and Muslim) that Ka’b bin Malik said, "Rarely did the Messenger of Allah B travel on any day other than Thursday, if he missed Thursday, then it would be Monday, for this was the day the Messenger of Allah B emigrated from Makkah”.

·      Some scholars recommend for him praying two rak’as (units of prayer) before leaving his house and saying the special du'a' (supplication) for going on a journey.

Debtor's Hajj or 'Umrah

Before going on Hajj, the debtor is required to settle all his debts in order to turn to Allah free from any other obligations. If he finds it impossible to pay off his debts at that time, then he should get permission from the creditors. But before setting out, he should make a will stating all that he owes them. This is in case of a debt that is due. As for a postponed debt, he does not have to ask for permission from his creditor, but he has to write it down in his will.

All the foregoing is true if the debtor is potentially capable of repayment; otherwise if he is entirely incapable of repayment then he shouldn't go on Hajj until he gets out of debts, and Allah is the most entitled to excuse him.

Hajj of the Debtor of Interest Loan

This case is more serious than the one above, as dealing in interest loans is a grave sin. One has firstly to purify himself from any kind of financial deals that involve interest. Allah accepts worship exclusively from the good Muslims (Muttaqin); and the person who is involved in interest loans is not a good Muslim. Suffice it to say that such a person is an opponent of Almighty Allah and His Messenger B, as clearly indicated in the Holy Qur’an [2:279].

Issues

·     One has no cause for taking a loan so as to go on Hajj because one is required to get rid of all his obligations including his loans and debts before he travels for Hajj.

·        Many people delay Hajj till they become very old and then they make a will demanding performance of Hajj on their behalf. This contradicts what Allah has commanded, because the will does not substitute for Hajj. The person who is financially, physically and mentally capable of going on Hajj should hasten to do it himself. The will is written just in case the person dies suddenly before he performs Hajj.

·     One should not ask for financial assistance to be able to go on Hajj, as Hajj is mandatory for the physically and financially capable. The pilgrim who asked for financial assistance should repeat his Hajj when he gets his own means, to be on the safe side.

·        A Muslim does not have to perform Hajj on behalf of his dead parents unless they specify that in their will. However, if one performs Hajj on behalf of his dead parents, of his own accord, it will be an act of goodness to them on his part for which Allah will reward him, and hopefully his parents will be rewarded as well if they are good Muslims.

·        The traveler to Makkah or Madinah (or any other place) has to shorten the four-rak’a prayers to two rak’as if he doesn’t pray behind a resident Imam. Offering each prayer individually in its time is better, though combining two prayers is permissible, and is especially recommended for those who are actually in the process of traveling.

·    Performing Hajj is one of the pillars of Islam, and hence an obligation that is not conditional on marriage or old age as many people wrongly believe. On the contrary, going on Hajj at a young age is more appropriate, as the young would most likely be able to perform it more properly.

Miqat

Coming.. Makkah!

Ihram

Definition of Ihram  

"Ihram" is the state in which one starts 'Umrah or Hajj or both together, and during which certain acts are prohibited.

Types of Ihram

The Ihram for 'Hajj' is divided into three; these were previously explained as "Types of Hajj" in the post "Hajj Jurisprudence Part 1".

1.     Tamattu'(enjoying)

2.     Qiran (joining)

3.     Ifrad (singular)

Which of the three types is better?

There are different opinions regarding which one of the three types of Ihram is the best. The chosen opinion of the Ibadhi School is that Tamattu' is the best as it is easier and because the Prophet B wished that he had done it, and ordered his companions to do it.

Obligations of Ihram

1.     Niyyah (Intention)

The pilgrim needs to specify Ihram is for `Umrah or Hajj; that the Hajj is Hajj Tamattu`, Ifrad or Qiran; that it is for himself or on behalf of another; and that it is Hajj al-Fard (mandatory) or Hajj al-Nafl (supererogatory).

It is not a condition for the niyyah to be pronounced verbally. All what it needs is the presence of heart and the submission of limbs and their actions.

2.     Talbiyah

   Talbiyah is a condition for entering Ihram. It has to be pronounced and not only to be borne in mind. It is recited after the intention.

The pilgrim should be facing the Qiblah at the time of entering Ihram.

The formula of Talbiyah is:

لبيك اللهم لبيك، لبيك لا شريك لك لبيك، إن الحمد والنعمة لك والملك، لا شريك لك

“Labayka Allahumma labayk, labayka la sharika laka labayk. Inna'l-hamda wa'n-nimata laka wa'l-mulk, la sharika lak.”

Abu Sa'id Al-Khudri narrated in his hadith: "The Talbiyah (response to the call of Allah for Pilgrimage) of the Messenger of Allah (PBUH) was:" Labayka Allahumma labayk (I respond to Your call O Allah, and I obey Your command, I respond to Your call), labayka la sharika laka labayk (I respond to Your call, You have no partner, I respond to Your call), Inna'l-hamda wa'n-nimata laka wa'l-mulk, (Verily all praise and blessing belong to You, and all sovereignty), la sharika lak (You have no partner)." [Ar'Rabee' #399]

Listen to Talbiyah

As soon as Talbiyah is pronounced, the pilgrim enters into the state of Ihram and all the obligations of Ihram start.

After pronouncing the Talbiyah, the pilgrim should specify the type of Nusuk (rite) that he is intending to perform. If he is doing Hajj Ifrad, then he should say, "Labayka Hajja or "Labayka be Hajja."

If he is doing Hajj Tamattu, then he should say: "Labayka Umrah or labayka be Umrah." And later, when he wants to perform Ihram for Hajj, he says, "Labayka Hajja or Labayka be Hajja."

And if the pilgrim is doing Hajj Qiran, then he should keep his state of Ihram and his Talbiyah will be: "Labayka Umrah wa Hajja." or "Labayka be Umrah wa Hajja."

If the pilgrim is performing Hajj on behalf of another person, he should form the intention of performing this Hajj on behalf of that person, mentioning him by name in the Talbiyah and saying, “Labayka Allahumma ‘an [fulaan (So and so)].” or "Labayka ‘an [fulaan]."

3.     Wearing the required Ihram clothes

For men, the clothing of Ihram comprises two sheets of cloth:

a-     an Izar : to cover the lower part of the body. It is worn by wrapping it around their waist.

b-    a Rida': which is wrapped round the upper part of the body except the head. It is normally draped over both shoulders but in certain times it is to be draped over one shoulder. This will be discussed later.

Ihram wear for men

White Ihram clothes are preferred for men.

A man has to take off all his stitched and encompassing clothes and wear an izar, a rida' and a pair of sandals. The Prophet B said, "Every one of you should assume Ihram wearing an izar, a rida', and a pair of sandals."[Reported by Ahmed]. It was also narrated by Abu Sa'id Al-Khudri: 'The Messenger of Allah B said: "A Muhrim should not wear a shirt, trousers, hooded cloaks, or Khuffs (socks made from thick fabric or leather). And if he cannot find a pair of sandals, then he can wear Khuffs but he should cut them so that they reach below the ankles."' [Ar'Rabee' #406]

A woman may wear any clothes provided they are decent and in conformity with Sharia rules. Her Ihram consists in disclosing her face, and hence she is not allowed to cover it. However, if she fears that she would be alluring, she can draw a piece of cloth from her head over her face without making it touch the face. The woman can wear stitched clothes, but should avoid garments that are embellished, and shouldn't wear gloves. The Prophet B said, "The woman who is in the state of Ihram should not cover her face, or wear gloves”. [Al-Bukhari, vol. 3, #64]. There are no restrictions as for woman's footwear.  So she may wear socks.

Permissibles of Ihram

·        According to our scholars, use of perfume before entering into Ihram is not forbidden provided it is washed off and nothing is left after assuming Ihram.

·        It is permissible for the pilgrim to bath and change his Ihram sheets with new ones provided he avoids anything not allowed in the state of Ihram.

·        No objection to the use of a miswak (a small stick used as a toothbrush) or a toothbrush even if it makes the pilgrim’s mouth bleed.

·        It is permissible to use unscented soap and toothpaste.

·        It is permissible to wear eyeglasses, use a pillow or a sleeping bag, and to use an umbrella.

·         It is permissible for the pilgrim in Ihram to use scentless disinfectants and to use unscented lotions for medical purpose.  

·        Application of kohl is permissible as long as it does not contain any perfume.

·        The pilgrim may wear a belt only if he wants to hold his izar in place and keep his money safe. To be on the safe side, he should not wear a watch.

·        It is permissible to kill every vicious and harmful animal.

The Messenger of Allah says: "There are five beasts, for which there is no sin on the Muhrim if he kills them: the crow, the kite, the rat the scorpion, and the voracious dog." [Ar'Rabee' #407] And by Qiyas (analogy) this can be extended to include snakes and harmful insects, e.g. louse. 

Prohibitions of Ihram

·        Anyone who is in the state of Ihram is not allowed to touch any scent.

·        The pilgrim is forbidden to cut off any of the growths on his body, like shaving the head, plucking the armpit, shaving the pubic hair, etc, except when that becomes necessary due to harm or similar reason, in which case there is a specific compensation to be done.

·        The male pilgrim should not cover his head with anything unless in case of necessity, like treatment, or when the weather is very hot or very cold, for which he will be liable to a specified compensation.

·        The pilgrim who wears garments that hang below the anklebone has to offer a sacrificial animal for his redemption.

·        It is undesirable to fasten the Ihram sheets with a pin, lest they should resemble stitched clothes.

·        In reference to gloves, neither the man nor the woman may wear them while being in Ihram.

·        Argument that causes anger is forbidden during Hajj. Almighty Allah said, “For Hajj are the months well-known. If anyone undertakes that duty therein let there be neither obscenity nor wickedness, nor wrangling in the Hajj, and whatever good you do, Allah knows it. And take a provision for the journey, but the best of provisions is right conduct. So fear Me, O you that are wise."[2:197]

·    Offensive language contradicts Muslim good conduct and is even worse during the state of Ihram.

·        The pilgrim is forbidden to have sexual intercourse and any of the intimacies that might lead to it such as kissing and hugging.

·   The pilgrim should not get married or perform marriage contracts. The Prophet B said, "A Muhrim (anyone who has assumed Ihram) must neither marry himself, nor arrange the marriage of another one, nor should he make the proposal of marriage." [Muslim, vol. 2, #3278].

·   It is forbidden for the pilgrim to hunt, help in hunting, or eat land-game. However, pursuit of water-game is lawful. Almighty Allah says, “Lawful to you is the pursuit of water-game and its use for food, -for the benefit of yourselves and those who travel; but forbidden is the pursuit of land-game as long as you are in the Sacred Precincts or in pilgrim garb. And fear Allah, to whom you shall be gathered back”. [5:96]

How to enter into Ihram (Ritual Consecration)

Prior to entering into Ihram, the pilgrim is recommended to tidy himself up by combing his hair, shaving the pubic hair, clipping the nails, plucking the armpits and trimming off the moustache. He also has to remove any kind of perfume from his body.

·        It is preferable to have a ritual wash and perform ablution for anyone who intends to enter into Ihram even for the woman who is menstruating or having post-natal bleeding. It was reported by Muslim: "that ‘Aisha (may Allah be pleased with her) reported that Asmaa' bint 'Umais gave birth to Muhammad b. Abu Bakr near Dhul-Hulaifa. The Messenger of Allah B commanded Abu Bakr to convey to her that she should take a bath and enter into the state of Ihram." (Muslim, vol. 2, # 2762).

·        The man has to take off all his encompassing and stitched clothes and put on his Ihram clothing (an izar and a rida'), while the woman put on her ordinary clothes, which cover all her body except the face and hands. 

·        Prior to assuming Ihram, the pilgrim is recommended, in opinion of some scholars, to pray two rak’as after bathing and putting on the Ihram garments. However, if assuming Ihram coincides with an obligatory prayer time, it will be better for him to assume Ihram and recite the Talbiyah immediately after the obligatory prayer. In another opinion, he should recite the Talbiyah when he has mounted his mount (or got on his vehicle).

·        The pilgrim makes his intention of Hajj or 'Umrah as mentioned above and recites the Talbiyah (the pilgrim's prayer) specifying the type of Hajj he wants to perform. The male pilgrim should increase his voice with Talbiyah when he has settled on his mount (or vehicle).

·        The pilgrim is recommended to repeatedly chant the Talbiyah especially with the changes in situation and time, and whenever he goes up hills and down valleys, and upon mounting or dismounting his mount (or vehicle), as well as at the end of his prayers; for, with Talbiyah he occupies the time by celebrating the praises of Allah. Sahl bin Sa'd said that the Prophet B said, "When the Muslim chants the Talbiyah, stones, trees and clods of earth on his left and on his right chant the Talbiyah with him up to the end of land from here (East) and from here (West)” [A’Tirmidhi, #828].

Different ways to wear Ihram clothes

Issues

·        The pilgrim who travels by plane should assume Ihram at the last airport he takes off from, as a precaution in order not to exceed the Miqat without being in the state of Ihram. And no harm if he begins to recite the Talbiyah after his flight has gone some distance with him as long as he assumes Ihram before exceeding the Miqat.

·        Unless one intends to perform Hajj or 'Umrah, one is not required to assume the state of Ihram for entering Makkah.

·        Anyone who assumes Ihram for Hajj not in its months, then his Ihram turns to that of 'Umrah. Others say it becomes invalid.

·        Men should recite Talbiyah aloud once in state of Ihram. Women to raise voice such that only next person can hear her.

·        As for cutting trees, it has nothing to do with Ihram; it is equally permissible for a Muhrim or a non-Muhrim to cut off trees in the areas outside the sanctuary of the Sacred House (Al- Haram). However, it is not permissible to cut down trees within the precincts of the Sacred area, except what has been permitted by the Law.

·  Menstruation and post-natal bleeding does not invalidate Ihram, and a menstruating or post-partum bleeding woman can assume Ihram and perform all rituals of Hajj except for circumambulation around the Ka’bah, which is to be delayed until menstruation or post-natal bleeding stops, as clarified in the Prophetic Sunnah.

Ihsar (Obstruction)

Definitions of Ihsar:

·  Literally: "Ihsar" is derived from an Arabic root that means "obstruction". The term applies to everyone who is prevented from something, and hence, cannot achieve it.

·    Legally: "Ihsar" is a situation in which one is obstructed some way to perform Hajj or Umrah after one has entered the state of Ihram. The person who faces this situation is called a Muhsar. 

"Ihsar" means obstruction. It is a situation in which one is obstructed some way to perform Hajj or Umrah after one has entered the state of Ihram. The person who faces this situation is called a Muhsar. 

Some hindrance which keeps one from completing the rites of Hajj or Umrah, may be due to illness or interruption due to an enemy.

Ihsar was legalized by the Islamic Law. The proof from the Quran is the saying of Allah:

(وَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلّهِ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ وَلاَ تَحْلِقُواْ رُؤُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْيُ مَحِلَّهُ)

"Fulfil the Pilgrimage and the Visitation to Allah; but if you are prevented, then [give] such offering as may be feasible, and do not shave your heads until the offering reaches its place." [2:196]

The evidence from the verbal Sunnah is the order given by Prophet Mohammed B to his companions, when they were prevented from performing Umrah at the time of Hudaybiah. He said to his Companions, "Get up and sacrifice and then shave your heads." [Reported by Bukhari]

And the evidence from the practical Sunnah is inferred from the action of the prophet B when he was prevented by the idolaters of Quraish; after he has ordered his companions to put off their Ihram in the year of Hudaybiah. He sacrificed his camels and summoned his barber who shaved his head. When the companions saw that, they got up and slaughtered their camels and shaved one another's heads so that they were practically fighting one out of sorrow.  

Examples of Ihsar:

In fact, there can be many situations in which performance of Hajj or Umrah is not possible, a few are mentioned as follows:-

·        A threatening danger to life and property, e.g. a lurking enemy, robberies on the road, or a beast of prey. 

·        Falling sick during travel or being incapable to travel.

·        The travel money lost and there is no way to get it back.

·        Concerning woman when she gets menstruated and the bleeding continues, preventing her from completing her rituals.

Rules for Ihsar:

A Muhsar is a pilgrim who is in a state of Ihram and is obstructed to perform Hajj or Umrah and he wants to terminate his Ihram. The ruling on him is that he must offer a sacrificial animal (Hady) before he terminates his Ihram. And once the offering reaches its place then it is permissible for him to shave and terminates his Ihram. And he is allowed to do all that is forbidden during Ihram including hunting and women (i.e. sexual intimacy with women)!

The evidence for the obligation of this sacrificial animal (Hady), is in Allah's Words: 

(فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ وَلاَ تَحْلِقُواْ رُؤُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْيُ مَحِلَّهُ)

"but if you are prevented, then [give] such offering as may be feasible, and do not shave your heads until the offering reaches its place."[2:196]

A suffice offering shall be a sheep or a goat (as may be feasible).

Where Should the Muhsar Slaughter the Sacrificial Animal?

The scholars disagree concerning the place of slaughter. The opinion of the Ibadhi scholars is that the place of slaughtering the sacrificial animal to be offered is the place of Ihsar; i.e. the place where the Muhsar is prevented from completing his rituals; whether it was within or outside the Sacred Precincts of Al-Haram, and there is no need to send his sacrificial animal to the Precincts of Al-Haram.

Ishtirat (Stipulation)

In the context of pilgrimage, "Ishtirat" is stipulating a condition (or declaring an exception) on forming the intention for Ihram, by saying:

(إن حبسني حابس فمحلي حيث حبستني) أو (إن حبسني حابس فإحلالي حيث حبستني)

Fa in habasani haabisun, fa mahilli haithu habastani) or)

(Fa in habasani haabisun, fa ihlali haithu habastani(

"If any emergent impediment (sickness or the like) prevents me (from completing the rites), then the end of Ihram will be wherever You will me to be."

This is stipulation is to be said at the time of entering the state of Ihram, i.e. the time a pilgrim forms the intention to enter Ihram and utters the Talbiyah.

Thus whenever one is hindered by any impediment, he terminates his Ihram without the need for a sacrifice; and this is the advantage of Ishtirat!

The textual evidence for Ishtirat is that A'isha (Allah be pleased with her) reported that Allah's Apostle B went to (the house of his cousin) Dhuba'a bint al-Zubair b. Abd al-Muttalib. She said: "Messenger of Allah, I intend to perform Hajj, but I am ill." Thereupon Allah's Apostle B said: "Enter Into the state of Ihram on condition that you would abandon it when Allah would detain you." [Related by Muslim]

Ishtirat is only recommended for the one who fears to encounter an impediment that may prevent him from completing the rites. 

The impediment may be a disease, or a lurking enemy, robberies on the road, or a beast of prey, or anything else that prevents a Muslim in the state of Ihram from completing the rituals. It is not permissible for him to end his state of Ihram directly if he has not made Ishtirat.

Tawaf (Circumambulation)

Tawaf is third ritual obligation of Hajj and the second essential duty of Umrah. Tawaf was legalized in the previous Divine Laws.  Actually Tawaf connects Muslims with the tradition of Prophet Ibrahim (Abraham), peace and blessings be upon him, who was perfect monotheist. Allah the Exalted said,

 (وَعَهِدْنَا إِلَى إِبْرَاهِيمَ وَإِسْمَاعِيلَ أَن طَهِّرَا بَيْتِيَ لِلطَّائِفِينَ وَالْعَاكِفِينَ وَالرُّكَّعِ السُّجُودِ)

"And We made a covenant with Abraham and Ishmael: 'Purify My House for those that shall go round it and those that cleave to it, to those who bow and prostrate themselves'."[2:125]

He also said:

(وَإِذْ بَوَّأْنَا لِإِبْرَاهِيمَ مَكَانَ الْبَيْتِ أَن لَّا تُشْرِكْ بِي شَيْئاً وَطَهِّرْ بَيْتِيَ لِلطَّائِفِينَ وَالْقَائِمِينَ وَالرُّكَّعِ السُّجُودِ)

"And when We settled for Abraham the site of the House, [saying]: 'Do not ascribe any partner to Me and purify My House, for those who circumambulate it and those who are resident, and those who bow and prostrate."[22:26] 

Tawaf

Definitions of Tawaf

 Literally "Tawaf" is an Arabic infinitive noun which means to circle, compass or move around something. In its religious sense, "Tawaf" is circling the Sacred house (Ka’bah) seven rounds with extreme devotion, each round starting and ending at the Black Stone,

Muslims are to circulate the Ka'bah, in a counter clockwise direction. The circling is to demonstrate the unity between the believers in the worship of the One God, Allah (SWT) as they slowly move in harmony together around the Ka'bah, whilst supplicating to Allah. During Tawaf, the pilgrim recites Tasbih (Subhana’llah), Tahmid (Al hamduli’llah), Tahlil (la ilaha illa’llah), Takbir )Allahu Akbar) and du’a’ (supplications).

Types of Tawaf

1.     Tawaf Al-Qudoom (Arrival Circumambulation)

This is the initial Tawaf performed by the one who comes from outside Miqat (Aafaqi). It is performed upon arrival at the Sacred Mosque in Makkah for the first time pursuant upon the intention of Umrah or Hajj. It suffices the pilgrim who is performing Umrah or Hajj Tamattu' from having to perform Tawaf Al-Umrah. In this case, this Tawaf will be for both Umrah and Qudoom (arrival). 

It is a Sunnah (recommended) for those who are performing Hajj Ifrad and Hajj Qiran. It is also a Sunnah for those who are coming to Makkah for reasons other than for performing Hajj or Umrah. This is the only Tawaf in which Idteba' and Ramal are practiced. They are not required in any other type of Tawaf.

2.     Tawaf Al-Tahiyah (Greeting Circumambulation)

This Tawaf is supererogatory or optional. Just as Muslims perform two rak’as of tahiyyah (Prayer of greeting) while entering a mosque, likewise they perform Tawaf as a form of greeting while entering The Sacred Mosque. They are allowed to perform any number of optional Tawafs. While doing so, they need not follow it up with Sa'y.

3.     Tawaf Al-Umrah (Umrah Circumambulation)

This is the Tawaf performed as a part of the obligatory rites of Umrah. It suffices one from performing Tawaf Al-Qudoom. It is identical to Tawaf Al-Qudoom in its essentials except for the niyyah (intention).

4.     Tawaf Al-Ifadha (Return from Mina Circumambulation)

This Tawaf takes place after the standing in `Arafah, on the 10th of Dhull-Hijjah or after it. After performing this Tawaf all things become permissible for the pilgrim, except hunting in the Haram (the Holy Sanctuary of Makkah).

It is especially recommended to drink from Zamzam water after performing this Tawaf.

This Tawaf has several names:

-         Tawaf Al-Ifadha (pouring forth): because the pilgrims pour forth into Makkah from Mina.

-         Tawaf Al-Ziyarah (visit): because it is performed on the visit to the Ka'bah after leaving Mina.

-         Tawaf Al-Rukn (pillar), Tawaf Al-Fardh (obligation), and Tawaf Al-Hajj: because it is one of the pillars or essential parts of Hajj.

5.     Tawaf Al-Wadaa'  (Farewell Circumambulation)

This is the last Tawaf performed by the pilgrims immediately before departing from Makkah following the completion of Hajj. They are not supposed to linger there after this Tawaf.

It is Sunnah wajiba (obligatory Sunnah), according to the Ibadhi scholars' opinion, for all pilgrims except women who are menstruating (by textual evidences), women experiencing post-partum bleeding and very sick patients who are unable to perform it even with help from others (by Qiyas or analogy). The one who fails to do it must sacrifice an animal.

6.     Tawaf Al-Tatawwu' (Supererogatory Circumambulation)

It is also called Tawaf Al-Nafl. It is a devotional Tawaf that can be performed at any time and as often as desired. The privilege of Tawaf cannot be gained anywhere, so while in Makkah, Muslims are recommended to perform as much Tawaf as they can.

7.     Tawaf Al-Molzim Nafsahu (Circumambulation in respect of a Vow or an Oath)

If anyone makes a vow or an oath to circumambulate the Ka'bah, it is an obligation for him to fulfil that vow or oath. Allah SWT says:

((ثُمَّ لْيَقْضُوا تَفَثَهُمْ وَلْيُوفُوا نُذُورَهُمْ وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِ

"Then let them do away with their self-neglect, and let them fulfil their vows, and perform the circumambulation of the Ancient House'."[22:29] 

Conditions of Tawaf

Tawaf is correct only when the following conditions are met:

·        Purity

A person must be clean from all major and minor physical impurities through ablution or obligatory bathing (Ghusl).

a.     Major impurities: This condition of being free for major impurity [Janabah (ritual impurity), menstruation, Post-natal bleeding] is based on a Hadith on the authority of ‘Aisha. She said: 'I was menstruating when I reached Makkah. So, I neither performed Tawaf of the Ka`bah, nor the Tawaf between Al-Safa and Al-Marwah. Then I informed Allah's Messenger B about it. He said, " Do everything that is performed by a pilgrim, except that you do not perform Tawaf (Circumambulation) of the Ka`bah till you get clean (from your menses)." [A'Rabee'#440]

b.     Minor impurities: According to the majority of Ibadhi scholars, the cleanliness from minor impurities (emitting urine, faeces, breaking of the wind, etc.) is a necessary condition for the validity of Tawaf.  They base their opinion on the following evidences: The first evidence is the Hadith narrated by Ibn Abbas who said: ' the Prophet B said,"Tawaf around the House is prayer, except that Allah has allowed speech in it, so he who speaks then let him not say except, good things.” This Hadith was collected by Al-Hakim in his Mustadrak (Al-Hakim #3013). Another evidence is 'Aisha's Hadith. She said: 'When the Prophet B reached Makkah, the first thing he started with was the ablution, then he performed Tawaf of the Ka`bah.' [Bukhari #1510]

So according to their opinion, if one performs Tawaf despite such uncleanliness, his Tawaf is invalid. So it is obligatory on him to repeat the ablution and to restart his Tawaf from the beginning.

Vomit and nosebleed: These impurities invalidate the ablution but not the prayer. The Messenger of Allah B said: "Vomit and nosebleed do not invalidate the prayer.  If the one praying left due to them, he should perform ablution and complete his prayer." [A'Rabee' #113] In such a case, the one performing Tawaf has to repeat the ablution and he should continue his Tawaf from wherever he had become impure and there is no need for starting it from the beginning. But if his body gets contaminated with vomit or blood, then his Tawaf is invalidated and he has to repeat it all over again.

·        Covering private parts during Tawaf.

The injunction on the obligation of covering the essentially coverable parts is based on the Prophet’s hadith:" And none shall perform the Tawaf around the Ka`bah in a naked state." [Related by Bukhari]

a.     Male private parts: Between the navel and the knee [navel and knee are included].

b.     Female private parts: The entire body except for the face and hands [feet are included!].

·        Place of Tawaf (Mataf)

The "Mataf" refers to the open white area immediately around the Ka’bah where Tawaf takes place.

Tawaf should take place within the confines of the Sacred Mosque (Mataf). There is a consensus among the scholars that Tawaf must be performed inside the Sacred Mosque, not outside it. As such Tawaf performed outside the Sacred Mosque is considered invalid. Tawaf must be performed outside Al-Hijr (also called Hijr Isma'il or Al-Hateem), which is The Demolished Portion or the area enclosed by the low curved wall, because it is part of the Ka’bah.

The pilgrim should make Tawaf away from the Shadhrawan which is the protruding base part of the Holy Ka’bah. Attached to the marble floor, it surrounds the Ka’bah except on the Hateem side. If the pilgrim violates these limits, his Tawaf will not be valid. In addition, doing Tawaf from the second floor of the Sacred Mosque is not valid because the second floor is higher than the height of the Ka‘bah. Likewise, Tawaf should not be done on the roof of the Sacred Mosque, i.e. the last floor, because the pilgrim would not be level with the Sacred House.

·        Tayamun

Tayamun means: a person must keep the Ka‘bah to his left side during the entire Tawaf in a counter clockwise direction. If a person does the Tawaf with the Ka’bah on his right, even if he performs it by walking backwards, his Tawaf is considered invalid.

Obligations of Tawaf

·        Niyyah (Intention)

Just as in the case of prayer, fasting and other acts of worship, the declaration of intention is also required for Tawaf. The pilgrim should intend to do the Tawaf with total sincerity for the sake of Allah

·        Tawaf must begin at the Black Stone

·        The circumambulation around the House

Tawaf will not be considered valid unless seven complete rounds have been made.

 Sunan of Tawaf (Prophetic Practices)

1)    Ramal, which means walking with quick short steps, but with no running or jumping, in the first three rounds. Ibn 'Abbas reported: Allah's Messenger B and his Companions came to Makkah and the fever in Medina had weakened them. Thereupon the polytheists (of Makkah) said: There would come to you a people whom the fever has made weak and they have suffered severely from it. They sat in Al-Hijr (Al-Hateem). Thereupon Allah's Apostle B commanded them to perform ramal (walk proudly with swift pace) in first three circuits and walk ordinarily between the two corners (Yamani Corner and the Black Stone) so that the polytheists should see their endurance. The polytheists then said (to one another), "You were under the impression that fever had emaciated them whereas they are stronger than so and so." Ibn Abbas said: 'He (the Prophet) did not command them (the Muslims) to walk quickly in all the circuits out of kindness to them.' [Related by Muslim#3924].

2)    Idteba', in which the pilgrim puts the middle of his upper cloth (rida') under his right shoulder at the armpit, and casts its two ends on his left shoulder, leaving open his right Shoulder. Idteba' is done during all the seven rounds.

     Note: Ramal and Idteba' are done only in the arrival Tawaf.

3)    Praying two-rak’as, which are the two-rak’as offered at the end of Tawaf behind the Prophet lbrahim’s Station (Maqam) or at any other place in the Sacred Mosque where possible. The proof for this is Ibn ’Umar's hadith, in which he said, "Allah's Apostle B arrived (in Makkah) and circumambulated the Ka’bah seven times, then offered two-rak’a prayer behind Maqam (the station of) Ibrahim, then performed the Tawaf between A’Safa and Al-Marwah.” lbn ’Umar added: “And Allah has said, {Verily! In Allah’s Apostle you have a good example}.” (Al-Bukhari, vol. 2, #690).

It is preferable, after performing these two-rak'as, to go back to the Black stone, kiss it, touch it or point to it, following the example of the Prophet B. Jabir ibn Abdullah mentioned in his Hadith, in which he described the Hajj of the Prophet B. Jabir said that after praying two-rak'as: "He (the Prophet B) then returned to the pillar (the Black Stone) and touched it. He then went out of the gate to A-Safa'."[related by Muslim#2137].

4)    Drinking from Zamzam water. This will be discussed separately.

5)    Kissing the Black Stone, touching it or pointing to it in every round.

6)    Touching the Yemeni Corner in every round. This is based on the statement of Ibn 'Umar in which he said, "I have never missed the touching of these two stones of Ka`bah (the Black Stone and the Yemenite Corner) both in the presence and the absence of crowds, since I saw the Prophet B touching them." (Reported by Bukhari #1503)

7)    The one performing Tawaf should be close to the Sacred House.

8)    Muwalah (maintenance of succession) between the laps of Tawaf.

How to Perform Tawaf

The way the pilgrim performs Tawaf is as follows:

·  He starts Tawaf by kissing the Black Stone if possible; otherwise it is sufficient to touch it or point to it with the hand; and all is done with Takbir (saying Allahu Akbar).

·         He starts Tawaf keeping the Scared House on his left.

·    He makes any kind of du’a’ (supplication) during Tawaf and recites al-baqiyat a’Salihat in which he says ”Subhana’llah, Walhamduli’llah, Wala Ilaha Illa’llah, Wallahu Akbar, Wala Hawla Wala Quwwata Illa Billah”

·     When he gets to the Yemeni Corner (the last before the Black Stone's) he touches it if possible, and should not point to it if he can't reach it.

·        On getting to the Black Stone again the first round is finished and he starts the second round in the same way.

Issues

·        If the pilgrim in the course of Tawaf gets unsure what number of rounds he has done, he shall assume it to be the lesser number of which he is certain and proceed from it to complete seven rounds. If he wished after that to repeat his Tawaf it would be good for him.

·        If the pilgrim comes into contact with some scent when he touches the Black Stone or the Yemeni Corner, he only has to wash it off and nothing else.

·   Ramal is for those coming to Makkah from elsewhere as well as for the residents of Makkah.

·     It is permissible, according to the more acceptable opinion in the scholarly circles, to perform the two Tawaf rak’as after fajr prayer before sunrise, and after ’Asr prayer before sunset, if he performs Tawaf during these times, because this prayer is for a specific reason, which is Tawaf.

·    The two Tawaf rak’as should be delayed if they fall on the time in which prayers are forbidden. These times are sunrise, sunset and noon when the sun is in the middle of the sky during the very hot season except on Friday.

·        It is preferable, after

·    It is permissible to perform Tawaf while the imam is preaching the Friday sermon, but it is not so appropriate.

·   The pilgrim is not required to take off his shoes during Tawaf, nor is he forbidden to carry them in his hand or under his arm if they are clean.

·        It is permissible for the pilgrim doing Hajj or ‘Umrah to have a rest during Tawaf or Sa’y if he feels the need to do so.

·        If the pilgrim adds an extra lap to his Tawaf or Sa’y unintentionally no blame is laid on him. However, it is preferable to repeat his Tawaf or Sa’y to be on the safe side

·        Women are not obligated to jog around the Ka'bah nor while making Sa`y between A'Safa and Al-Marwah.

Zamzam water

It is a Sunnah (recommended) to drink from Zamzam well (the historic well in the Sacred Mosque) after completing Tawaf Al-Ifadha especially, and praying two rak'as of Tawaf so as to follow the example of the Prophet B. Jabir ibn `Abdullah described the Hajj of the Prophet B: "Then the Messenger of Allah B hastened to the House, and prayed Al-Dhuhr in Makkah. He came to Banu ‘Abdul-Muttalib, who were providing water to the pilgrims at Zamzam, and said: ‘Draw me some water, O Banu ‘Abdul-Muttalib. Were it not that the people would overwhelm you, I would have drawn water with you.’ So they drew up a bucket for him and he drank from it.’” 

Zamzam Spring

Ibn 'Abbas reported: "I served (water from) Zamzam to Allah's Messenger B, and he drank while standing, and he asked for it while he was near the House (i.e. House of Allah - Ka'bah).” [Al Bukhari, Book 23, #5026].

A person drinking Zamzam water should intend and hope for healing, blessings and whatever is best for him in this life and in the hereafter. It was narrated that Jabir bin ‘Abdullah said: “I heard the Messenger of Allah B say: ‘The water of Zamzam is for whatever it is drunk for.’” [Related by Ibn Majah]

With regard to the merits of Zamzam water, the Prophet B said, "It is blessed, it serves as food for the hungry and a cure for the sick." (Reported by Al-Bazzaar and A’Tabarani). It is also preferable to drink the water in three gulps facing the Ka’bah and to make any kind of du'a' (supplication). However, drinking from Zamzam is neither amongst the rituals of Hajj nor an obligatory deed.

Sa’y (Walking between A’Safa and Al-Marwah)

Sa‘y (walking) between Mounts A'Safa and Al-Marwah has been among the rituals of Hajj from the time of Prophet Abraham (PBUH). It is observed as a memorial of a particular action of  Hagar (upon her be peace) when rushed seven times to see if she could spot any water or anyone from whom she could get some in order to give to her infant Ishmael (upon him be peace). Its retention was imposed by verse 158 of Surat Al-Baqarah, Allah says:

(إِنَّ الصَّفَا وَالْمَرْوَةَ مِن شَعَآئِرِ اللّهِ فَمَنْ حَجَّ الْبَيْتَ أَوِ اعْتَمَرَ فَلاَ جُنَاحَ عَلَيْهِ أَن يَطَّوَّفَ بِهِمَا وَمَن تَطَوَّعَ خَيْراً فَإِنَّ اللّهَ شَاكِرٌ عَلِيمٌ(

"Truly A'Safa and Al-Marwah are among the waymarks of Allah, so whoever makes the Pilgrimage to the House, or the Visitation, he would not be at fault, if he circumambulates them; and whoever volunteers good, Allah is Grateful, Knowing."[2:158]

A'Safa Mountain

Al-Marwah Mountain

Definitions of Sa'y

The literal meaning of "sa'y" is "effort".

In the terminology of Islamic law, "Sa'y" is walking to and fro between the two hills of A’Safa and Al-Marwah situated beside the Sacred Mosque, making seven rounds, with the intention of worship.

The Legal Status of Sa'y between A'Safa and Al-Marwah

There is disagreement among scholars concerning the legal status of Sa'y between A'Safa and Al-Marwah. These scholars may be divided into three groups:

a.     Sa'y of A'Safa and Al-Marwah is an essential part of Hajj rites. Thus if a pilgrim fails to perform Sa'y his Hajj will be void and his offering of a sacrifice will not be enough to make up for it.

b.     Sa'y is recommended (sunnah mustahaba), which if not performed, no penalty is incurred by the person neglecting it.

c.      Sa'y between A'Safa and Al-Marwah is an essential rite (wajib), but it is not obligatory for Hajj and 'Umrah (sunnah wajiba). Therefore, if a pilgrim failed to perform it, he must pay a penalty (slaughter a sheep in sacrifice).

Conditions of Sa'y

·    Niyyah (Intention): As based on the well-known hadith: “Every deed is dependent on the intention.” And that Sa'y is a devotional act. 

·        It should be preceded by Ihram (of Hajj or 'Umrah )

·        It should be preceded by Tawaf. A Sa'y performed before Tawaf is not valid. It will have to be performed again after Tawaf. 

·        It should be in a specified course: (i.e. Mas'aa, or the area between A'Safa and Al-Marwah, which is located inside the Sacred Mosque and has been expanded to help pilgrims perform the Sa’y ritual more easily and comfortably.)

Obligations of Sa'y

·        It must be seven laps.

·        The pilgrim must start at A'Safa and finish at Al-Marwah.

Sunan of Sa'y (Prophetic Practices)

·        Muwalah (maintenance of succession) between Tawaf and Sa'y. It is not obligatory to perform a Sa'y immediately after Tawaf. Though it is a Sunnah (recommended) to do so yet there is no harm if there is a pause in between.

·     Purity from Major and Minor impurities. Purification is not necessary for performing Sa'y between A'Safa and Al-Marwah, in light of what the Prophet B said to 'Aishah once when she menstruated. He told her, "Do what a pilgrim does except that you should not circumambulate the House, till you are purified (of the menses)." (Related by Muslim) 

·      Climbing on A'Safa and Al-Marwah. It is recommended to climb upon the two hills of A'Safa and Al-Marwah in every phase until the Ka'bah is seen.

·  Climbing up A'Safa and Al-Marwah, facing the direction of Ka'bah, remembering Allah, and supplicating Him for whatever one wishes while raising his hands. Jabir bin 'Abdullah narrated that the Prophet B went through A'Safa gate, and on approaching A'Safa he recited the Qur'anic verse [2:158],"Verily A'Safa and Al-Marwah are among the signs appointed by Allah,"(2:158), adding, “I begin with what Allah began." He first mounted A'Safa until he saw the House, and facing the Qiblah he declared the Oneness of Allah and glorified Him and said: ‘La ilaha illa-llah wahdahu la sharika lahu, lahul mulk wa lahul hamd, wa huwa 'ala kulli shai’in qadeer, la ilaha illa-llahu wahdahu anjaza wa'dahu, wa nas ara 'abdahu, wa hazamal ahzaba wahdah’ (There is no God but Allah, He is One, and has no partner. His is the dominion, and His is the praise and He has Power over all things. There is no God but Allah alone, Who fulfilled His promise, helped His servant and defeated the confederates alone.") He said these words three times making supplications in between. He then descended and walked towards Marwah, and when his feet touched the bottom of the valley, he ran; and when he began to ascend, he walked (at his normal pace) until he reached Al-Marwah. There he did as he had done at A'Safa…." [Related by Muslim].

·       Muwalah (Continuity) of Sa'y between A'Safa and Al-Marwah. If a pilgrim stops Sa'y (between A'Safa and Al-Marwah) for some reason, e.g., it is prayer time and he joins the congregation, or to have some rest, or to answer the call of nature, in all such cases he may resume his Sa'y when the reason forcing him to stop is no longer there, and begin from where he had left it. However, the continuity of Sa'y, without a long break, is required for it. If the breaks between rounds lasted for a long duration of time, then one has to repeat Sa'y because it is one 'Ibadah (a rite of worship).

·        Harwalah (jogging or walking fast) while passing through the bottom of the valley. Walking between A'Safa and Al-Marwah is commended, except between the two markers where jogging is encouraged. Jabir bin 'Abdullah described the action of the Prophet B when he reached the bottom of the valley between A'Safa and Al-Marwah, he said: "and when his feet touched the bottom of the valley, he ran; and when he began to ascend, he walked (at his normal pace) until he reached Al-Marwah." [Related by Muslim] 

Sa'y between A'Safa and Al-Marwah

How to Perform Sa'y

Sa'y consists of going from the hill of A'Safa to Al-Marwah and vice versa as follows:

·        When the pilgrim approaches A’Safa he recites the verse relating to the walk between A’Safa and Al-Marwah, of which the meaning is: "Behold! A’Safa and Al-Marwah are among the symbols of Allah, so if those who visit The House in the season or at other times should compass them round it is no sin in them and if any one obeys his own impulse to good,- be sure that Allah is he Who recognizes and knows.” [2:15]

·        Then he climbs A’Safa till he sees the Ka’bah, after which he utters Takbir three times and then praises Allah preferably as follows:

"La ilaha illa ’LLahu wahdahu Ia sharika lahu, lahul-mulku walahul-hamdu wahuwa ‘ala kulli shay-in qadir, La ilaha illa ’LLahu wahdah, anjaza wa’dah, wanasara ’abdah, wahazamal-ahzaaba wahdah.”

 The meaning of that is:

"There is nothing worthy of worship but Allah alone; He has no partner. His is the kingdom, to Him is due all praise, and He is powerful over all things. There is nothing worthy of worship but Allah alone. He has fulfilled his promise, brought victory to His servant and defeated the gangs all by Himself."

The pilgrim says that three times and then makes any kind of du'a’ he wishes.

·        Then he descends towards Al-Marwah praising Allah. When he reaches the two green pillars (or green lights) he quickens his pace over the distance between them, preferably saying, “My Lord! Forgive and have mercy! You are the Mightiest, the Most Gracious”. Women do not have to hasten their walk.

·        Then he walks unhurriedly again praising Allah and asking Him to grant him good in this life and in the Hereafter. When he reaches Al-Marwah he climbs it and does exactly the same as he did at A'Safa. By so doing he will have completed the first lap.

·        Then he starts the second lap from Al-Marwah to A'Safa and he does the same as he did in the first lap till he completes seven laps ending at Al-Marwah.

·        It is permissible to perform Sa’y without taharah (being ritually purified) but it is preferable to perform it while in the state of taharah.

Al-Mas'aa

Issues

·        Scholars hold different views as to the ruling on Sa’y. Some of them say it is a prerequisite (Fardh), therefore missing it out invalidates Hajj. Others, including the Ibadhi scholars, say it is a non-prerequisite duty but an obligatory prophetic practice (Sunnah Wajibah), therefore missing it out does not invalidate Hajj, but the pilgrim who fails to do it has to offer a sacrificial animal in compensation.

·        The pilgrim who starts his Sa’y at Al-Marwah and finishes at A'Safa and then concludes his state of Ihram, has to resume his Ihram and complete his Sa’y, canceling the first lap in which he started at Al-Marwah and finished at A'Safa. Also, he has to offer two sacrificial animals in compensation.

·   There is no harm in performing Sa’y to and fro on one side of the walk between A'Safa and Al-Marwah, as the division of the walk into two was introduced recently to make Sa’y easier and less crowded and had not existed before. However, it's better to walk in the organized way to avoid overcrowding.

·     The pilgrim who does less than seven laps and can't remember the number till he finishes his Ihram, has to resume his Ihram and finish his Sa’y, and has to offer a sacrificial animal.

·     Climbing A'Safa and Al-Marwah as far as Ka’bah can be seen is recommended for men not for women.

·     If the pilgrim is not able to read the invocation transmitted from the Prophet B mentioned above on A'Safa and Al-Marwah there is no harm in reading it while he is walking between them.

Ihlaal (Finishing Ihram) of 'Umrah

·        When the pilgrim doing Hajj Tamattu’ finishes his Sa’y, he shaves or clips his hair. Shaving is removing all the hair from the head, whereas clipping is cutting it short. Shaving is better than clipping, but it should be noted that clipping has to involve all parts of the head.

·       The pilgrim doing Hajj Qiran should neither shave nor clip his hair till the Day of Sacrifice in Mina (10th Dhal-Hijjah). By shaving or clipping his hair, the pilgrim performing Hajj Tamattu’ finishes his Ihram for 'Umrah.

·     After finishing the state of Ihram, the pilgrim is allowed to do all that is forbidden during Ihram except hunting in the Haram (the Holy Sanctuary of Makkah).

·        It is preferable for the pilgrim who performs Hajj Tamattu’ to clip his hair after completing 'Umrah, so as to shave it when he completes Hajj if it is short between 'Umrah and Hajj.

A male pilgrim shaves his hair

Issues

·        A pilgrim that wears stitched clothes on finishing his rituals before he shaves or clips his hair has to offer a sacrifice of a grazing animal.

·        There is no harm in the pilgrim shaving or clipping his hair himself. However it is undesirable if he finds someone who is not a pilgrim to do that for him.

·      There is no harm in the pilgrim shaving or clipping the hair for other pilgrims because there is no evidence against it. But it is preferable that the pilgrim who has finished his Ihram shaves or clips for others.

·        Scholars have different opinions with regard to the pilgrim who shaves his hair before offering the Hady (a sacrificial animal) and throwing pebbles. One opinion is that if he does that forgetfully or unknowingly, then he is not liable to any compensation; and this is the one mostly in use in the formal legal opinion. The other opinion is that he has to offer a sacrifice of an animal as compensation.

·        The pilgrim should not finish his state of Ihram for Hajj before he slaughters his Hady. If he couldn't slaughter on the Day of Sacrifice he should remain in the state of Ihram until he slaughters his Hady.

·        It is not sufficient for men when finishing Ihram to cut little hair, as done by many nowadays. The male pilgrim is obliged to clip all parts of his hair till it is apparent that he has cut short his hair.

References:

1.     The Approved in the Jurisprudence of Hajj and 'Umrah (Al Mu'atamad), by Al Mu'tasam Al Ma'awali.

2.     This is Hajj (Pilgrimage), by Nasser Yusuf Al Azri.

3.      Al-Hajj Al-Mabroor, by Ministry of Endowments and Religious Affairs.