What are the differences between Sunnis and Shiites during Hajj?
All the five legal schools agree that there are three kinds of Hajj: tamattu`, qiran, and ifrad. They also agree that by Hajj al-tamattu` is meant performance of the acts of the `Umrah during the months of the Hajj. The acts of the Hajj itself are performed after getting through the `Umrah. They also agree that by Hajj al‑'ifrad is meant performing the Hajj first and then, after getting through the acts of the Hajj, getting into the state of ihram for performing the `Umrah and its related acts.
According to the Imamiyyah school, the Hajj al-qiran and Hajj al‑'ifrad are one and the aqiran brings the hady at the time of assuming the ihram. Then it is obligatory upon him to offer what he has brought. But one who performs the Hajj al‑'ifrad has essentially no obligation to offer the hady.
In brief, the Imamiyyah do not consider it permissible to interchange two different ihram's,1or to perform the Hajj and the `Umrah with a single niyyah (intention) under any condition; but the other legal schools permit it in Hajj al-qiran. 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.
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 إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ تِلْكَ عَشَرَةٌ كَامِلَةٌ ذَٰلِكَ لِمَنْ لَمْ يَكُنْ أَهْلُهُ حَاضِرِي 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.
The ihram is compulsory for all the various kinds of Hajj as well as' `Umrah, and is regarded as their basic element (rukn) by the Imamiyyah, and as obligatory by other schools. All the five schools agree that the miqat of the people of al‑Madinah from where they assume ihram is Masjid al‑Shajarah, also known as Dhu al‑Hulayfah; 1for the pilgrims of al‑Sham (which includes the Syrians, the Lebanese, the Palestinians and the Jordanians, noting further that the routes have changed from what they used to be in the past), Morocco and Egypt the miqat is al‑Juhfah;2for the pilgrims of Iraq, it is al‑`Aqiq;3for those from Yemen and others who take the same route, it is Yalamlam. 4
According to the Imamiyyah, Qarn al‑Manazil 5is the miqat for the people of al‑Ta'if and those who take their route towards Makkah. But according to the four Sunni schools, it is the miqat of the people of Najd. The miqat for those from Najd and Iraq according to the Imamiyyah is al‑`Aqiq. All the legal schools agree that these mawaqit also apply to those who in their journey take similar routes, even though they may not be natives of those regions.
For instance, if a Syrian starts on Hajj from al‑Madinah, it is permissible for him to assume ihram from Dhu al‑Hulayfah; if he starts on Hajj from Yemen, his miqat is Yalamlam; if from Iraq, then al‑`Aqiq, and so on. If one does not pass the 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.
Ihram Before Miqat
The four Sunni legal schools agree on the permissibility of assuming ihram before the point of miqat, but disagree as to which has greater merit. According to Malik and Ibn Hanbal, ihram before miqat is more meritorious (afdal). According to Abu Hanifah, the merit lies in assuming ihram while starting the Hajj journey from one's town: Two opinions are ascribed to al‑Shafi'i in this regard.
However, according to the Imamiyyah school, ihram before miqat is not permissible except for one who intends to perform the `Umrah in the month of Rajab and is afraid of missing it if ihram is delayed until miqat is reached, and for one who makes a vow (nadhr) to assume ihram before the miqat. (al‑Tadhkirah, Fiqh al‑Sunnah)
Ihram after Miqat
There is consensus among all the legal schools that it is not permissible to cross the miqat without ihram, and one who does so must return to the miqat for assuming ihram. If he does not return, according to the four Sunni schools, his Hajj is correct though he should offer a hady in atonement. But if there be 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)
Ihram before the Hajj Months
According to the Imamiyyah and Shafi'i schools, the ihram before the months of the Hajj is invalid if assumed with the purpose of Hajj, though it is valid when assumed for the purpose of the `Umrah. They cite in this regard the Qur'anic verse:
الْحَجُّ أَشْهُرٌ مَعْلُومَاتٌ
The pilgrimage is (performed in) the well-known months…(2:197):
But according to the Hanafi, Maliki and Hanbali schools, it is permissible with karahah. (al‑Tadhkirah, Fiqh al‑Sunnah)
The Mustahabbat of Ihram
There is no disagreement among the legal schools with respect to the ihram being an essential rukn of the `Umrah 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, 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)
Al‑Muhaqqiq al‑Hilli, the Imamiyyah scholar, in his work Tadhkirat al‑fuqaha', says that for one intending ihram it is mustahabb to make a condition with God at the time of assuming ihram, by saying:
اللهم اني أريد ماأمرتني به، فإن منعتني مانعٌ عن تمامه وحبسني عنه حابسٌ فجعلني في حل.
O God, indeed I wish to fulfill Thy command, but if any impediment keeps me from completing it or a barrier obstructs me from it, exonerate me.
Abu Hanifah, al‑Shafi'i, and Ahmad ibn Hanbal also consider it mustahabb. However, this ishtirat does not help in relieving one of the obligations of the Hajj if he were to encounter an impediment which keeps him from getting through it.
The Wajibat of Ihram
The wajibat of ihram, with some difference between the legal schools on some points, are three: niyyah (intention); talbiyah; and putting on of the clothes of ihram.
Obviously niyyah or intention is essential to every voluntary act; for every such act is motivated by conscious intent. Therefore, some scholars have pointed out that had we been assigned a duty to be performed without intention it would have been impossible to be carried out. However, when the question of intention is raised in relation to the pilgrim (of the Hajj or the `Umrah), what is meant is whether he becomes muhrim solely on account of the niyyah or if something else is required in addition, acknowledging that ihram is void if assumed frivolously or absent‑mindedly.
According to the Hanafi school, ihram is not considered to commence solely with intention unless it is accompanied by the utterance of the talbiyah (Fath al‑qadir). According to the Shafi'i, Imamiyyah and Hanbali schools, the ihram is assumed merely by niyyah (al‑Jawahir, Fiqh al‑Sunnah). The Imamiyyah add that it is obligatory for the niyyah to coincide with the commencement of ihram, and it is not sufficient for the act of niyyah to occur in the course of assuming ihram.
Also while making the niyyah it is essential to specify the purpose of ihram, whether it is Hajj or `Umrah, whether it is Hajj al‑tamattu; Hajj al‑qiran or Hajj al‑'ifrad, whether he is performing the Hajj for 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)
That the talbiyah is legitimate in ihram is acknowledged by all the five schools, but they disagree as to its being wajib or mustahabb, and also about its timing. According to the Shafi`i and Hanbali schools, it is sunnah, preferably performed concurrently with ihram. However, if the intention to assume ihram is not accompanied by talbiyah, the ihram is correct.
According to the Imamiyyah, Hanafi, 6 and Maliki schools, the talbiyah is obligatory, though they differ about its details. According to the Hanafi school, pronouncement of talbiyah or its substitute‑‑such as tasbih, or bringing along of the sacrificial animal (al‑hady)‑‑is a provision for ihram to be valid. 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'ar7or 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.
The Formula of Talbiyah
لبيك اللهم لبيك، لا شريك لك لبيك، إن الحمد والنعمة لك والملك لا شريك لك
All the legal schools agree that taharah is not a proviso for pronouncing talbiyah. (al‑Tadhkirah).
As to its occasion, the muhrim starts reciting it from the moment of ihram, being mustahabb for him to continue it‑‑all the five schools agree‑‑until the ramy of Jamarat al‑`aqabah. To utter it loudly is mustahabb for men (not for women), except in mosques where prayers are offered in congregation, particularly in the Mosque of `Arafat. According to the Imamiyyah school, it is mustahabb to discontinue reciting the talbiyah on sighting the houses of Makkah. A woman may recite the talbiyah just aloud enough to be heard by herself or someone near her. It is also mustahabb to proclaim blessings on the Prophet and his Family (s). (al‑Tadhkirah; Fiqh al‑Sunnah).
The Muhrim's Dress
All the five schools agree that it is not permissible 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), 8and 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 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.
Restrictions of Ihram
There are certain restrictions for the muhrim, most of which are discussed below.
According to the Imamiyyah, Shafi'i, Maliki and Hanbali schools, it is not permissible for the muhrim to contract marriage for himself or on behalf of another. Also he may not act as another's agent for concluding a marriage contract, and if he does, the contract is invalid.
Furthermore, according to the Imamiyyah school, he may not act as a witness to such a contract.
According to Abu Hanifah, marriage contract is permissible and 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).
All the five legal schools agree that it is not permissible for the muhrim to have sexual intercourse with his wife, or to derive any kind of sexual pleasure from her. If he performs intercourse before tahlil9(i.e. relief from the state of ihram) his Hajj becomes void, although he must perform all its acts to the conclusion. Thereafter, he must repeat the Hajj the next year, performing it `separately' from his spouse. 10The seclusion is obligatory according to the Imamiyyah, Maliki and Hanbali schools, and voluntary from the viewpoint of the Shafi'i and Hanafi schools. (al‑Hada'iq; Fiqh al‑Sunnah).
Moreover, according to the Imamiyyah, Shafi'i, and Maliki schools, besides the fact that his Hajj becomes invalid, he must sacrifice a camel in atonement, and according to the Hanafi school, a sheep.
All the five legal schools agree that if he commits intercourse after 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 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).
Use of Perfume
All the legal schools agree that the muhrim, man or woman, may not make use of any perfume, either for smelling, or for applying on himself, or for scenting edibles. Indeed it is not permissible to wash the dead body of a muhrim, or to perform hunut upon it by applying camphor or any other kind of perfumery. If the muhrim uses perfume forgetfully or on account of ignorance, he needs not make any offering in atonement according to the Imamiyyah and Shafi'i schools. But according to the Hanafi and Maliki schools, he must make a sacrificial offering (fidyah). In this relation two different opinions are ascribed to Ahmad ibn Hanbal.
However, when one is forced to use perfume on account of disease, it is permissible and no fidyah is required. According to the Imamiyyah school, if one uses perfume intentionally, he must offer a sheep, irrespective of the use, whether applied to the body or eaten. However, there is nothing wrong in the Khaluq of Ka'bah even if it contains saffron, and the same applies to fruits and aromatic plants. (al‑Jawahir).
Use of Kohl
Al‑Tadhkirah states: "There is consensus among the Imamiyyah legists on the point 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."
Shortening of Nails and Hair; Cutting of Trees
All the five legal schools agree about impermissibility of shortening the nails and shaving or shortening of the hair of the head or the body in the state of ihram, fidyah being required of the offender. 11As to cutting of trees and plants within the haram, all the legal schools agree that it is impermissible to cut or uproot anything grown naturally without human mediation.
Al‑Shafi'i' states that there is no difference between the two with regard to the prohibition, and fidyah is required for both: cutting of a big tree requires fidyah of a cow, and of other plants of a sheep. According to Malik, cutting of a tree is a sin, though nothing is required of the offender, regardless of whether it has grown with or without human mediation.
According to the Imamiyyah, Hanafi, and Hanbali schools, cutting of something planted by human hands is permissible and does not require a fidyah; but anything grown by nature requires fidyah, which is a cow according to the Imamiyyah for cutting a big tree and 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.
Looking into a Mirror
It is not permissible for a muhrim to look into a mirror, and all the five schools agree that there is no fidyah for doing so. However, there is no restriction on looking into water.
Use of Henna
According to the Hanafi school, it is permissible for the muhrim, man or woman, to dye with henna any part of his body, except the head. According to the Shafi`i school, it is permissible, with. the exception of hands and feet. According to the Hanafi school, dyeing is not permissible for the muhrim, man or woman. (Fiqh al‑Sunnah)The predominant view among the Imamiyyah legists is that dyeing is makruh not haram. (al‑Lum`ah)
Use of Shade; Covering the Head
All the five schools agree that it is not permissible for the muhrim man to cover his head voluntarily. According to the Maliki and Imamiyyah schools, it is not permissible for him to immerse himself under water until the head is completely submerged, although it is permissible for him, all the five schools except the Shafi'i agree, to wash his head or pour water over it. The Malikis say that with the exception of the hands it is not permissible to remove dirt by washing. If he covers the head forgetfully, nothing is required of 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.12
Stitched Clothing and Ring
All the five schools agree that it is forbidden for the muhrim man to wear stitched clothes and clothes which encircle body members, e.g. turban, hat and the like. These are permissible for women, with the exception of gloves and clothes which have come into contact with perfume. According to the Imamiyyah school, if the muhrim wears stitched clothes forgetfully, or in ignorance of the restriction, nothing is required of him. But if one wears them intentionally to protect himself from heat or cold, he should offer a sheep. Also according to them it is not permissible to wear a ring for adornment, but it is permissible for other purposes. Also, it is not permissible for woman to wear jewellery for the sake of adornment.
`Fusuq' and Jidal'
God, the most Exalted, says in the Quran:
…فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ ۗ…
....There should be no obscenity, neither impiety, nor disputing in Hajj ....' (2:197).
In the above verse, the meaning of `rafath' is taken to be sexual intercourse, to which reference has been made earlier. `Fusuq' is taken to mean lying, 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.
All the five schools agree on permissibility of cupping in case of necessity, and the four Sunni schools permit it even when not necessary as long as it does not require removal of hair. The Imamiyyah legists disagree on this issue; some of them permit it and others not. (al‑Tadhkirah; al‑Fiqh `ala al‑madhahib al‑'arba`ah)
All the five schools are in agreement about the prohibition on hunting of land animals, either through killing or through dhabh, and also on guiding the hunter or pointing opt the game to him in the state of ihram. Also prohibited is meddling with their eggs and their young ones. However, hunting of the animals of water is permitted and requires no fidyah. This, in accordance with the Qur'anic verse:
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَكُمْ وَلِلسَّيَّارَةِ وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَاتَّقُوا اللَّهَ الَّذِي إِلَيْهِ تُحْشَرُونَ
Permitted to you isthe 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 ofthe 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 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:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنْتُمْ حُرُمٌ وَمَنْ قَتَلَهُ مِنْكُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًا لِيَذُوقَ وَبَالَ أَمْرِهِ عَفَا اللَّهُ عَمَّا سَلَفَ وَمَنْ عَادَ فَيَنْتَقِمُ اللَّهُ مِنْهُ وَاللَّهُ عَزِيزٌ 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 of that in fasting, so that he may taste the mischief ofhis 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: يَحْكُمُ 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: هدياً بالغ الكعبة 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."
Tawaf is an essential part (rukn) of `Umrah, and the tawaf al‑ziyarah (also called `tawaf al‑'ifadah') is a rukn of the Hajj al‑tamattu; Hajj al‑'ifrad and Hajj al‑qiran. As said earlier, the assumption of ihram is the first act of the pilgrim regardless of whether he comes for `Umrah mufradah or for any of the three types of Hajj.
Now, after the assuming of ihram, what is the next step for the pilgrim? Is it tawaf, or wuquf, or something else? The answer is: it depends on the purpose (niyyah) with which the pilgrim assumes ihram. If it is `Umrah, then the next step is tawaf, regardless of whether it is `Umrah mufradah or `Umrat al‑tamattu`' Thus tawaf is the second step for the mu'tamir (pilgrim intending `Umrah), by agreement of all the legal schools.
However, if the purpose of ihram is Hajj only‑‑such as in the case of pilgrim on Hajj al‑'ifrad, or one intending to perform the Hajj 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.
Kinds of `Umrah in View of the Ahl al‑Sunnah
The imams of the four Sunni schools distinguish between three kinds of tawaf:
1. Tawaf al‑Qudum
It is the tawaf performed by the `outsiders', (i.e. those coming from outside Makkah and from beyond its outskirts within a radius of 88 kms.) on entry into Makkah. It is similar to the two raka'at of salat performed as tahiyyat al‑masjid (lit. `greeting of the mosque'), and so is also called `tawaf al‑tahiyyah'' The four Sunni schools agree on its being mustahabb, and no penalty is required for default according to all except the Malikis who require a blood sacrifice.
2. Tawaf al‑Ziyarah
This tawaf (also called `tawaf al‑'ifadah')is performed by Hajj pilgrims after getting through the acts of Mina, the ramy of jamarat al‑`aqabah, the sacrifice (dhibh), and the halq or the taqsir. The pilgrim performs this tawaf on returning to Makkah. It is called `tawaf al‑ziyarah' because it is performed on the visit (ziyarah) to the Ka'bah after leaving Mina. It is called `tawaf al‑'ifadah' because the 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.
3. Tawaf al‑Wada`
It is the last tawaf performed by the Hujjaj before departing from Makkah. The Hanafi and Hanbali schools consider it obligatory, though all that is required of the defaulter is a sacrifice. The Malikis consider it mustahabb and do not require any penalty for the default. Al‑Shafi'i has two opinions on this matter. (al‑Mughni, al‑Fiqh `ala al‑madhahib al‑'arba`ah, Fiqh al‑Sunnah)
Kinds of Tawaf from the Imamiyyah Viewpoint
The Shi`ah agree with the Sunni schools about the legitimacy of the above three kinds of tawaf, and regard the second tawaf i.e. tawaf al‑ziyarah as a rukn of the Hajj whose omission makes the Hajj invalid. 1However, the first kind, i.e. tawaf al‑qudum is considered mustahabb, and may be omitted. Regarding the third, i.e. tawaf al‑wada; they agree with the Ma1iki school in its being mustahabb, there being nothing on the defaulter.
However, the Shi`ah add another kind of tawaf to the above three, the tawaf al‑nisa', which they consider obligatory, its omission being impermissible in `Umrah mufradah as well as in all the three kinds of Hajj (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 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. 2
Entry into Makkah
All the schools agree that it is mustahabb for one entering Makkah to take a bath, pass through its heights during the approach towards the city, enter through Bab Bani Shaybah, raise his hands on sighting al‑Bayt al‑Haram, pronounce takbir and tahlil, and to recite whatever he can of certain prayers prescribed by tradition. The Malikis, however, disagree about the istihbab of raising the hands for the du'a'.
Thereafter, he approaches the Black Stone; if possible kisses it or caresses it with his hand or else just makes a gesture with his hand, and prays.
According to the Imamiyyah, it is mustahabb while entering the haram of Makkah to be barefooted, to chew the leaves of a plant called `adhkhir' used for refreshing the mouth, or to clean the mouth to purge its odour.
The Conditions (Shurut) of Tawaf
According to the Shafi'i, Maliki, and Hanbali schools ritual purity (taharah, i.e. freedom from hadath and khabath) is required; thus the tawaf of one who is Junub or a woman undergoing hayd or nifas, is 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, 3the 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 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).
The manner of Performing Tawaf
According to the Imamiyyah and Hanbali schools, the purpose or niyyah must be specified in every tawaf; but according to the Maliki, Shafi`i and Hanbali schools, a general niyyah for the Hajj is
sufficient and no separate niyyah for tawaf is required. (al‑Jawahir, Fiqh al‑Sunnah) As pointed out earlier, niyyah as a motive behind all voluntary actions is an inevitable and necessary matter; as such, debate and controversy regarding it is futile.
Ibn Rushd, in his Bidayat al‑mujahid, writes: "The Sunni legists are in consensus on the opinion that every tawaf whether obligatory or not, begins from the Black Stone (and according to the Fiqh al‑Sunnah ends thereat). The pilgrim, if he can, kisses it, otherwise touches it with his hand. Then, with the Ka'bah on his left, starts moving towards the right to make the seven circumambulations, walking with a moderately fast pace (ramal) during the first three rounds and with an ordinary pace during the last four rounds. (The ramal 4applies to the tawaf al‑qudum performed on entry into Makkah by the `Umrah and Hajj pilgrim, not 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 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. 5And 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 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, 6and 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 وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِwhich 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 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; 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.
The Mustahabbat of Tawaf
The book Fiqh al‑Sunnah, discussing the topic under the heading "Sunan al‑tawaf; states, "Of things which are sunnah in tawaf are: kissing the Black Stone while starting the tawaf, accompanied with tahlil and takbir, to raise the two hands as in salat, to greet the Stone by drawing one's hands upon it (istilam), to kiss it soundlessly, to lay one's cheek on it if possible, otherwise to touch it only." Other mustahabbat are: idtiba 7for men, ramal, and istilam of al‑Rukn al‑Yamani.
According to al‑Lum`at al‑Dimashqiyyah, an Imamiyyah work, of things mustahabb in tawaf are: to halt in front of the Black Stone, to make the prayer later offered with the hands raised, to recite the Surat al‑Qadr, remember Allah‑‑subhanahu wa ta'ala, to walk peacefully, to draw one's hand on the Black Stone, to kiss it if possible otherwise to make a gesture, to draw one's hand on every corner of the Ka'bah every 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.
The Ahkam of Tawaf
According to the Imamiyyah, if a woman undergoes hayd during tawaf she discontinues tawaf and performs sa'y, if it happens after the fourth round. Then she completes the tawaf after attaining taharah, and she is not required to repeat the sa'y. But if the hadath occurs before completing the fourth round, she waits until the day of `Arafah. If by that time she regains taharah and is in a position to complete the remaining acts, she does so. Otherwise her Hajj is converted to Hajj al‑'ifrad.
As mentioned earlier, the Hanafis permit tawaf for a woman in the state of hayd, and do not require taharah. According to the Hanafi work Fath al‑Qadir, one who leaves three or fewer rounds of the tawaf al‑ziyarah should sacrifice a sheep; if four, he remains in the state of ihram as long as he does not complete the rounds of tawaf. But if he leaves off more than four rounds, it is as if he had not started the tawaf at all.
According to the Imdmiyyah, if after completing the rounds of tawaf one doubts whether he performed them correctly as required by the Shari`ah or whether he performed the exact number of rounds, 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. 8This 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 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.
All the schools agree that sa'y follows the tawaf, or its rak'atayn for those who consider them wajib. So also they agree that one who performs sa'y before tawaf should revert and perform his tawaf first and then the sa'y. I haven't come across any opinion holding that the sa'y must immediately follow the tawaf (muwalat).1
The Mustahabbat of Sa`y
According to the book Fiqh al‑Sunnah, it is mustahabb to ascend the hills of Safa and Marwah, and, facing the Holy Ka'bah, to pray to God for some religious or secular matter. It is well known that the Prophet (s), going out from Bab al‑Safa until he could see the Ka'bah. Facing it, he thrice declared the Unity of God and magnified Him; then praising God he said:
لا إله إلا الله وحده لا شريك له، له الملك، والله الحمد، يحيي ويمت، وهو على كل شيءٍ قدير، لا إله إلا الله وحده، أنجز وعده، ونصر عبده، وهزم الأحزاب وحده
There is no god except Allah. He is One, and has no partner. To Him belongs the Kingdom and the Praise. He gives life and makes to die and He is powerful over every thing. There is no god except Allah. He is One. He has fulfilled His promise and 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 شريك له، له الملك، والله، الحمد، يحيي ويميت، وهوحيٌ لا يموت، بيده الخير، وهو على كل شيءٍ قدير.
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 a fast pace (harwalah). 2Without 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'.
The Way of Performing Sa'y
Although there is agreement between the schools about the necessity of sa'y, they disagree about its being an essential part (rukn) of the rites of Hajj. According to the Imami, Shafi`i, and Maliki schools, it is a rukn; according to Abu Hanifah, it is not a rukn, though a wajib. Two different traditions are narrated from Ahmad ibn Hanbal. (al‑Tadhkirah, Fiqh al‑Sunnah)
All are agreed on the number of ashwat (sing. shawt) being seven, and that the performer of sa'y (i.e. sa'i) should begin at Safa going towards Marwah, and return again to Safa,3covering this distance seven times. Thus the pilgrim makes four ashwat going from Safa to Marwah and three ashwat while returning from Marwah to Safa, beginning his first shawt from Safa and finishing the seventh at Marwah.
The schools disagree as to the permissibility of making the sa'y on a mount in spite of the ability to walk, and all of them, with the exception of the Hanbalis, permit it regardless of whether one can walk or not. The Hanbalis say that it is permissible only for one who cannot walk.
I have not come across any opinion regarding continuity (muwalat) between the ashwat as wajib4, with the exception of the Hanbalis, who, as also mentioned by the author of al‑Fiqh `ala al‑madhahib al‑'arba`ah, consider it 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.
Al‑Sayyid Muhsin al‑Hakim, in his book on the rites of Hajj, says, "It is obligatory, while going and returning, to keep one's face turned towards one's destination .... Therefore, if someone were to turn his face away from it or were to walk backwards, or in a lateral way, it is not correct. However, there is nothing wrong in turning the face this way and that way while continuing to face the destination in the course of movement."
He means that it is obligatory that the body should face Marwah while going and should be toward Safa while returning, and it is not permissible to make the approach with only a shoulder facing the direction of the destination‑‑as may happen due to overcrowding of the pilgrims; also, while moving, the face in particular should remain in the right direction.
Al‑Sayyid al‑Khu'i makes a similar statement in his work on the rites of Hajj; his words are: "It is wajib to face Marwah while going and to be towards Safa while returning. Thus if one turns his back towards Marwah while going and towards Safa while returning, it does not satisfy (lam yujzi', i.e. the conditions for a correct sa'y). Also, one should not turn towards his right or left, neither should he turn back either during the going (dhahab) or during the return (iyab).
The Ahkam of Sa'y
One who cannot perform the sa'y, either on foot or on a mount, may depute another to perform it on his/her behalf, and the Hajj would be correct. There is nothing wrong in looking to the right or the left or turning back to look during the coming and the going.
If someone makes more than seven ashwat intentionally, his sa'y is invalid, but not if the lapse was unintentional. If one were to have doubts about the number of the ashwat performed after finishing his sa'y, it is assumed to have been correct and nothing is required of him. The author of al‑Jawahir bases this hukm about the doubt after finishing on the principle of negation of haraj, as well as on tradition.
However, if the doubt were to occur before finishing the sa'y, the author of al‑Jawahir says that there is no difference of opinion about, nor any objection against, the invalidity of the sa`y in case of any doubt about the number of the ashwat performed, whether of having exceeded or fallen short of the required number. In both cases the sa'y at hand is invalid. If one suspects one's having begun from Safa, his sa'y is correct. But if he thinks that he might have started from some other place, it is invalid. Also if one suspects the number of ashwat already performed, and does not know how many one has 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)
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.
The Limits of the Harams of Makkah and of Al‑Madinah
The prohibition of hunting and cutting of trees applies both to the haram of Makkah and that of al‑Madinah. According to Fiqh al‑Sunnah, the limits of the haram of Makkah are indicated by signs in five directions, which are one‑meter‑high stones fixed on both sides of the roads. The limits of the haram of Makkah are as follows: (1) the northern limit is marked by al‑Tan'im, which is a place at a distance of 6 kms. from Makkah; (2) the southern limit is marked by Idah, 12 kms. from 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. 13
According to Ahmad ibn Hanbal and Malik, it is necessary to shave (halq) or shorten the hair (taqsir) of the entire head. According to Abu Hanifah the same of a one‑fourth portion of the head is sufficient; according to al‑Shafi'i cutting of three hairs suffices. (Karrarah's al‑Din wa al‑Hajj)
According to the Imamiyyah, in taqsir one has the free choice of performing it by shortening either the hair 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.
Taqsir in `Umrah
According to the Imamiyyah, one performing 'Umrat al‑tamattu' has to perform taqsir after the sa'y; it is not permissible for him to perform halq. After it everything forbidden to him in the state of ihram becomes permissible. But if he performs halq, he should sacrifice a sheep. However, if he is on 'Umrah mufradah, he may choose between halq and taqsir, regardless of whether he brings along with him the hady or not.
If the taqsir is omitted intentionally, in case one had planned to perform Hajj al‑tamattu' and had assumed ihram before performing the taqsir, his 'Umrah is invalid and it is then obligatory upon him to perform Hajj al‑'ifrad: that is, the rites of Hajj followed by 'Umrah mufradah, and it is better for him to do Hajj again the next year.'1
According to non‑Imamiyyah schools, one has a choice between taqsir and halq after finishing his sa'y. As to relief 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)
Taqsir in Hajj
The second type of taqsir is a part of the rites of all the various kinds of Hajj‑tamattu', qiran, or ifrad‑‑to be performed by Hajj pilgrim after the dhabh or nahr (animal sacrifice) in Mina. All the schools agree that here one has a choice between taqsir and halq, halq being more meritorious. They disagree, however, in regard to one with matted hair, whether he must shave his head or if, like others, he also has a choice between halq and taqsir. The Hanbali, the Shafi' i, and the Maliki schools prescribe only halq for him, but the Imamiyyah and the Hanafi give him the same choice as others.
All the legal schools agree that women don't have to perform halq, rather, they may perform only taqsir.
Abu Hanifah and a group of Imamiyyah legists say that one who is bald, completely or partially, as when only the frontal portion of the head is hairless, must nevertheless draw the razor over the [hairless portion of the] head. The rest only consider it mustahabb (al‑Hada'iq, Fiqh al‑Sunnah).
According to the Imamiyyah, the halq or the taqsir is obligatory in Mina. Therefore, one who departs without halq ortaqsir 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 رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ …
"And do not shave your head until 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.2.
The Wuq'uf in 'Arafat
The pilgrim performing `Umrah mufradah or Hajj al‑tamattu` first assumes ihram, then performs tawaf offers the rak`atayn, then performs sa'y, then taqsir. This order is obligatory, and in it while the ihram precedes all the other steps, the tawaf precedes the salat, the salat is prior to the sa'y, and at the end is taqsir. 1
The Second Rite of Hajj
The rites of Hajj, as in the case of `Umrah, start with ihram. However, the rite which is next to ihram in the case of Hajj, and is considered one of the arkan of Hajj by consensus, in the wuquf (halt) in `Arafat, there being no difference whether one is on Hajj al‑'ifrad or Hajj al‑tamattu; although it is permissible for those on Hajj al‑'ifrad or Hajj al‑qiran to enter Makkah to perform a tawaf after assuming ihram and before proceeding to `Arafat. This tawaf (called tawaf al‑qudam) resembles the rak`atayn called tahiyyat al‑masjid, recommended as a mark of respect to a mosque.
Al‑Sayyid al‑Hakim, in his book on the rites of Hajj, says, "It is permissible for one intending Hajj al‑qiran or al‑'ifrad to perform the mustahabb 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.
Before the Halt in `Arafat
There is consensus among the legal schools that it is mustahabb for the Hajj pilgrim to go out from Makkah in the state of ihram on the day of Tarwiyah (the 8th of Dhu al‑Hijjah), passing towards Mina on his way to `Arafat.
According to the Imamiyyah books al‑Tadhkirah and al-Jawahir, it is mustahabb for one intending to proceed towards `Arafat not to leave Makkah before offering the zuhr and `asr prayers. The four Sunni schools say that it is mustahabb to offer them at Mina. (al‑Mughni)
In any case, it is permissible to proceed to `Arafat a day or two before that of Tarwiyah, in particular for the ill, the aged, women, and those who are claustrophobic. Also it is permissible to delay until the morning of the 9th so as to arrive at `Arafat by the time when the sun crosses the meridian (zawal).
I have not come across any jurist who considers it wajib to spend at Mina the night before the day of wuquf at `Arafat, or to perform some rite there. Al‑`Allamah al‑Hilli, in his Tadhkirah, 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 Period of the Halt in Arafat
There is consensus among the legal schools that the day of the halt in 'Arafat is the 9th of Dhu al‑Hijjah, but they disagree as to the hour of its beginning and end on that day. According to the Hanafi, the Shafi'i, and the Maliki schools, it begins at midday on the 9th and lasts until the daybreak (fajr) on the tenth. According to the Hanbali school, it begins from the daybreak on the 9th until daybreak on the tenth. According to the Imamiyyah, from midday on the 9th until sunset on 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.
The Limits of 'Arafat
The limits of 'Arafat are `Arnah, Thawbah, and from Nimrah to Dhu al‑Majaz, which are names of places around 'Arafat. One may not make the halt in any of those places, neither in Taht al‑'Arak, because they are outside 'Arafat. If one were to make the halt in any of those places, his Hajj is invalid by consensus of all the schools, with the exception of the Maliki, according to which one may halt at `Arnah though he will have to make a sacrifice.
The entire area of 'Arafat is mawqif (permissible for the wuqaf) and one may make the halt at any spot within it by consensus of all schools. Al‑'Imam al‑Sadiq (`a) relates that when the Prophet (s) made the halt at 'Arafat, the people crowded around him, rushing along on the hoof‑prints of his camel. Whenever the camel moved, they moved along with it. (When he saw this), the Prophet said, "O people, the mawqif is not confined to where my camel stands, rather this entire 'Arafat is mawqif," and pointed to the plains of 'Arafat. "If the mawqif were limited to where my camel stands, the place would be too little for the people." (al‑Tadhkirah)
The Conditions Applicable to the Halt
Taharah (ritual purity) is not a condition for the halt at 'Arafat, by consensus of all the schools.
According to the Imamiyyah and the Malik! schools, the halt at `Arafat must be made with prior intention (niyyah) and with the implied knowledge that the place where he is halting is indeed 'Arafat. Thus if he were to pass on without knowing, or know without intending the wuquf it is not considered wuquf as such.
According to the Shafi`i and the Maliki schools, neither intent nor knowledge is a condition. All that is required is freedom from insanity, intoxication, and loss of consciousness. According to the Hanafis, neither intent, nor knowledge, nor sanity is a condition; whosoever is present in 'Arafat during the specific period, his Hajj is correct, intent or no intent, whether he knows the place or not, whether sane or insane. (Fiqh al‑Sunnah, al‑Tadhkirah)
Is it necessary to make the halt in 'Arafat for the full specified period, or is it sufficient to be present there for some time, even if it is for a single moment?
According to the Imamiyyah, there are two kinds of periods for the halt, depending on whether one arrives at a time of his own choice (ikhtiyari) or the time is forced upon him by circumstances beyond his control (idtirari). In the case of the former, the period of halt for him is from midday on the ninth until sunset on the same 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 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.
The Wu'quf in Muzdalifah
The halt in Muzdalifah is the next rite after the halt in `Arafat, by consensus of all the schools. They also agree that when the Hajj pilgrim turns to Muzdalifah (where al‑Mash'ar al‑Haram is situated) after the halt in `Arafat, he is acting in accordance with the following Divine verse of the Qur'an:
فَإِذَا أَفَضْتُمْ مِنْ عَرَفَاتٍ فَاذْكُرُوا اللَّهَ عِنْدَ الْمَشْعَرِ الْحَرَامِ وَاذْكُرُوهُ كَمَا هَدَاكُمْ
When you pour forth from 'Arafat, then remember Allah in al‑Mash'ar al‑Haram, remembering Him in the way you have been shown. (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.' "2
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.
The Limits of Muzdalifah
According to al‑Tadhkirah and al‑Mughni, Muzdalifah has three names: Muzdalifah, Jam`, and al‑Mash'ar al‑Haram, its limits are from al‑Ma'zamayn to al‑Hiyad, towards the valley of Muhassir. The entire Muzdalifah is mawqif, like `Arafat, and it is legitimate to make the halt at any spot inside it. According to al‑Madarik, it is a settled and definite 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 Night at Muzdalifah
Is it obligatory to spend the entire night of `Id at Muzdalifah, or is it sufficient to halt in al‑Mash'ar al‑Haram even for a moment after the daybreak? (It is assumed, of course, that the meaning of wuquf is mere presence: one may be walking around, sitting or riding a mount, as in the case of the halt at 'Arafat).
According to the Hanafi, the Shafi`i, and the Hanbali schools, it is obligatory to spend the entire night at Muzdalifah and the defaulter is required to make a sacrifice. (al‑Mughni) According to the Imamiyyah and the Maliki, it is not wajib, though meritorious. This is what Shihab al‑Din al‑Baghdadi the Maliki, in his Irshad al‑salik, and al‑Hakim and al‑Khu'i have confirmed. However, no one has considered it a rukn.
As to halting in al‑Mash'ar al‑Haram after the daybreak, Ibn Rushd, in al‑Bidayah wa al‑nihayah, cites the consensus of the Sunni fuqaha' to the effect that it is one of the sunan (sing. sunnah) of the Hajj, not one of its furud (duties; sing. fard).
According to al‑Tadhkirah, "It is obligatory to halt in al‑Mash'ar al‑Haram after the daybreak, and if someone were to leave intentionally before the daybreak after halting there for the night, he must sacrifice a sheep. Abu Hanifah also says that it is obligatory to halt after the daybreak. The rest of 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 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)
Mustahabbat of the Mash`ar
According to the Imamiyyah it is mustahabb for one performing Hajj for the first time to put his feet on the ground of the Mash'ar. (al-Jawahir)
According to the Imamiyyah, the Shafi`i and the Maliki schools, it is mustahabb while leaving for Mina to gather seventy pebbles, for the ramy al‑jamarat, at Muzdalifah. The reason for this, according to the author of al‑Tadhkirah, is that when the Hajj pilgrim arrives in Mina he should not be detained by anything from the 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.
All the schools are in agreement that the rites after the halt at al‑Mash'ar al‑Haram are those of Mina, and that departure from Muzdalifah is after the sunrise, and one who leaves before sunrise, passing beyond its limits, according to al‑Khu'i, must sacrifice a sheep as kaffarah.
At Mina one performs several rites which continue from the Day of Sacrifice (yawm al‑nahr), or the day of `Id, until the morning of the thirteenth or the night of the twelfth. The wajibat of Hajj are completed in Mina. The three days following the day of `Id (the 11th, 12th, and the 13th) are called "ayyam al‑tashriq."1
Three rites are obligatory at Mina on the day of `Id: (1) ramy of the Jamrat al‑`Aqabah; (2) al‑dhabh (slaughtering of the sacrificial animal); (3) halq or taqsir. Agreeing that the Prophet (s) performed first the ramy, then the nahr (or dhabh) and then the taqsir, the schools disagree whether this order is obligatory and if it is impermissible to change that order, or if the order is only mustahabb and may be altered.
According to al‑Shafi` i and Ahmad ibn Hanbal, there is nothing upon one who changes the order. Malik 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.
Jamrat al `Aqabah
The Number of Jimar
Ramy al jimar, or the symbolic throwing of pebbles performed in Mina, is obligatory upon all pilgrims of the Hajj, whether tamattu; qiran or ifrad. This rite is performed ten times during the four days. The first ramy, in which only one point called Jamrat al‑`Aqabah is stoned, is performed on the day of `Id. On the second day, i.e. 11th of Dhu al‑Hijjah, the three jimar are stoned, and again every three on the third and the fourth day. This applies to the Hajj pilgrim who spends the night of the twelfth in Mina; otherwise there is no ramy for him on that day.
Jamrah of the Tenth of Dhu al‑Hijjah
The legal schools agree that it suffices to perform the ramy of the Jamrat al‑`Aqabah any time from sunrise until sunset on the tenth of Dhu al‑Hijjah, but disagree as to its performance before or after that period. According to the Maliki, the Hanafi, the Hanbali and the Imami schools, it is not permissible to 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
The Conditions of Ramy
There are certain conditions for the validity of ramy al jamarat:
1. Niyyah: stated by the Imamiyyah explicitly.
2. That each ramy must be carried out with seven pebbles; there is agreement on this point.
3. The pebbles must be thrown one at a time, not more; again there is consensus on this point.
4. The pebbles must strike the known target; there is also consensus on this 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 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 حصيائي، فأحصهن لي،
وارفعهن في عملي ... الله أكبر. اللهم أدحر الشيطان عني.
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.
What if one doubts whether the pebble thrown has struck its target or not? It is assumed not to have hit. If one doubts the number thrown, he may count from the least number of which he is sure he has thrown.
Jamrat al‑`Aqabah is the first rite performed by the Hajj pilgrim in Mina on the day of `Id, which is followed by the dhabh, then halq or taqsir. After that he proceeds to Makkah for tawaf the same day.
On this day, there is no other rite of ramy for him. Now we shall proceed to discuss the sacrifice (hady).
The second obligatory rite in Mina is the hady or animal sacrifice. The issues related to it are: (1) its kinds, wajib and mustahabb, and the various kinds of wajib sacrifice; (2) regarding those for whom the hady is wajib; (3) the requirements of the hady; (4) its time and place; (5) the legal rules 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:
The Kinds of Hady
The hady is of two kinds; wajib and mustahabb. The mustahabb sacrifice is the one mentioned in the following verse of the Qur'an:
فَصَلِّ لِرَبِّكَ وَانْحَرْ.
`So pray unto the Lord and sacrifice' (108:2), which is interpreted as a commandment to the Prophet (s) to sacrifice after the `Id day prayer. A tradition relates that the Prophet (s) sacrificed two rams, one white and the other black.
According to the Malikis and the Hanafis, the sacrifice is obligatory for every family once every year; it is, they say, similar to the zakat al fitr: The Imamiyyah and the Shafi`i schools say that the mustahabb sacrifice can be carried out in Mina on any of the four days, the day of `Id and the three days following it (called ayyam al‑tashriq).
But at places other than Mina the sacrifice may be carried out only during three days: the day of `Id, and the 11th and the 12th. According to the Hanbalis, the Malikis, and the Hanafis, its time is three days whether in Mina or elsewhere. In any case, the best time for the sacrifice is after sunrise on the day of `Id during a period sufficient for holding the `Id prayer and delivering its two khutbahs (sermons).
The obligatory sacrifices, in accordance with the Qur'anic text, are four:
(1) The sacrifice related to Hajj al‑tamattu` in accordance with the verse:
فَإِذَا أَمِنْتُمْ فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ
...If in peacetime anyone ofyou 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 كَانَ مِنْكُمْ مَرِيضًا أَوْ بِهِ أَذًى مِنْ رَأْسِهِ فَفِدْيَةٌ مِنْ صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ
But if any ofyou 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 مِنْكُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ
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 اسْتَيْسَرَ مِنَ الْهَدْيِ
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.
For Whom is Hady Wajib?
The hady is not obligatory, by consensus 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.
The Requirements of the Hady
The hady must meet the following requirements:
1. It must belong to cattle, such as camel, cow, sheep, or goat, by consensus of all the five schools. As stated by al‑Mughni, according to the Hanafi, the Maliki, the Shafi'i and the Hanbali schools: if a sheep, it must be at least six months; if a goat, 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.
The Time and the Place of the Sacrifice
As to the occasion of the sacrifice, it is, according to the Maliki, the Hanafi, and the Hanbali schools, the day of `Id and the two days following it. Abu Hanifah adds that this time is specific for the sacrificial rite of Hajj al‑qiran and tamattu ; but for the others he sets no such 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 2and 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.
The Flesh of the Hady
The Hanbalis and the Shafi'is say that the flesh of the hady whose slaughtering inside the haram is wajib is to be distributed among the poor inside it. The Hanafis and the Malikis say: it is permissible to distribute it inside or outside the haram. The Shafi'is say: one may not (oneself) eat the 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).
The Substitute Duty (al‑Badal)
All the legal schools agree that when the Hajj pilgrim cannot find the hady nor possesses means to acquire one, its substitute is to keep fasts for ten days, three of which for successive days, are to be kept during the Hajj days and the remaining seven on returning home. This is in accordance with the Divine verse: 3
فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ تِلْكَ عَشَرَةٌ كَامِلَةٌ
...But if he lacks the means let him fast three days during the pilgrimage and seven when he has returned; that is ten days in all. (2:196)
The criterion of capacity to offer the hady is ability to arrange one in the place, and when it can't be done the duty of hady is changed into that of the fasts. This holds even if the 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.
Dhabh by a Wakil
It is preferable that the Hajj pilgrim should slaughter the hady himself, though it is permissible to ask someone else to do it, because it is one of the rites in which delegation is possible. The one deputed (wakil) makes the niyyah of slaughtering on behalf of the one who deputes, and it is better that both of them should make the niyyah together. According to the Imamiyyah it is mustahabb for the pilgrim to put his hand on that of him who slaughters or at least be present at the time of slaughtering.
Shaykh `Abd Allah al‑Mamqani, in Manahij al‑yaqin, writes: "If the wakil makes an error in mentioning the name of the one who appoints him, or forgets his name altogether, there is no harm in it." There is a good point here, for it is related from one of the Imams (`a) that in a marriage ceremony the wakil made a mistake while mentioning the bride's name or mentioned some other name. The Imam (`a) said, "It doesn't matter."
Qani `and Mu`tarr
In regard to the verse 36 of the Surat al‑Hajj:
ا فَكُلُوا مِنْهَا وَأَطْعِمُوا الْقَانِعَ وَالْمُعْتَرَّ
...and eat of their flesh and feed with it the qani 'and the mu`tarr... (22:36)
al‑Imam al‑Sadiq (`a) said, "The qani` is the (poor) man who is content 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."
The Substitute for Camel Sacrifice
If the sacrifice of a camel is obligatory upon someone, through kaffarah or nadhr, and he cannot arrange it, he must sacrifice seven sheep one after another, and if that is not possible fast for 18 days. (al‑Tadhkirah)
Taqlid and Ish`ar
`Taqlid; in this context, means putting a shoe or the like in the neck of the sacrificial animal. `Ish`ar' means making an incision in the right side of the hump of a camel or cow and letting it be stained by blood. The Sunni jurists regard ish`ar and taqlid as mustahabb except Abu Hanifah, who says that the taqlid of the sheep and the camel is sunnah, but ish'aris by no means permissible due to the pain it causes to the animal. (al‑Mughni) We all favour kind treatment of the animals, and at the same time we are all Muslims. Islam has permitted the slaughtering of animals and even made it obligatory in case of hady, as Abu Hanifah also concedes by his act and verdict. In this light, ish'aris more entitled to permissibility.
Charity to Non‑Muslims
Al‑Sayyid al‑Khu'i, in his book on the rites of Hajj, says, "The Hajj pilgrim giving something in charity (sadaqah) or gifting the meat of the slaughtered animal, may give the latter to anybody he wishes, even a non‑mu'min or a non‑Muslim.
In general the Imamiyyah permit the giving 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 Burning or Burying of Slaughtered Animals
It is a custom among Hajj pilgrims nowadays that they offer money to whoever would accept the hady4, which he on receiving either buries or throws away because the number of the slaughtered animals is great and nobody around to make use of their meat.
Throughout whatever I have read I did not come across anyone who should raise a question about the permissibility or otherwise of this practice. In 1949 a group of Egyptian pilgrims asked the al‑'Azhar for a fatwa, asking the permission for giving the price of the hady as help to the needy.
In reply, al‑Shaykh Mahmud Shaltut, in Vol. 1, No.4 of the journal Risalat al‑'Islam which was issued by the Dar al‑Taqrib at Cairo, considered it obligatory to make the slaughter even if it should require burning or burial of the bodies of the slaughtered beasts.
I contested his opinion in a long article which appeared in two successive numbers of the above‑mentioned journal in the year 1950. When 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 الأضحى لتشبع مساكينكم 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.
As mentioned, the first rite in Mina on the 10th is ramy of Jamrat al‑`Aqabah, after that the offering of hady, and then 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.
The Night at Mina
After completing the tawaf, the pilgrim must return to Mina during what are called Layali al‑Tashriq, which are the nights of the llth, 12th, and 13th‑‑with the exception of him who being in a hurry departs after midday and before sunset on the 12th; there being nothing against him who leaves under these circumstances on the third day, in accordance with the verse:
فَمَنْ تَعَجَّلَ فِي يَوْمَيْنِ فَلَا إِثْمَ عَلَيْهِ
...He that departs on the second day incurs no sin .... (2:203)
According to Abu Hanifah, to stay overnight in Mina is Sunnah not wajib. Those who consider it 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.
Ramy during the Ayyam al‑Tashriq
The schools agree that there is no rite except ramy of the three jimar every day during the three days called ayyam al‑tashriq, regardless of whether the pilgrim is performing Hajj al‑tamattu; al‑'ifrad or al‑qiran. As to the number of pebbles and other things they have been mentioned under "Jamrat al‑`Aqabah."
According to the Imamiyyah, the time of ramy on each of the three days extends from sunrise until sunset, midday being the preferable hour. The other schools say that it extends from midday until sunset, and if done earlier should be repeated. Abu Hanifah permits ramy before midday only on the third day. Ramy after sunset is permissible only for those with a [valid] excuse.
All 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 hadhf1, 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 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 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 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.