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The Wuq’uf

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 Maliki 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 for 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 for 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 the 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, where at 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.

Notes

1. Al‑Shaykh `Abd al‑Muta'al al‑Sa`idi says: This order is obligatory in the rites of `Umrah, but in the rites of Hajj there is no order of sequence between the tawaf and the halq, or between the sa’y and the wuquf at 'Arafat. See al‑Fiqh al‑musawwar ala Madhhabal‑Shafi'i.

2. This act of the Prophet (S) makes the grounds for the Imamiyyah for the permissibility of offering the two prayers together, because the Prophet (S) had said, صلوا كما رأيتموني اصلي "Pray in the same way as you see me praying." The fact that something is permitted at one time or a place suggests its permissibility in all places and at all times, unless there is some textual proof (nass) to show that it is particular and not general. But there is no nass in favour of its being particular (takhsis). Therefore, offering the two prayers together is permissible in general and at all times and in all places.

At Mina

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.

Notes

1. There is disagreement about the Ayyam al‑Tashriq as to whether they comprise two or three days. As to their naming, it is because during those days the pilgrims used to dry strips of the meat of the sacrificed animals in the sun.

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 ramy 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 fingertip 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.

Doubt

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).

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 of you combines the ‘Umrah with the Hajj,

he must offer such sacrifice as he can (2:196)

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

فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ بِهِ أَذًى مِنْ رَأْسِهِ فَفِدْيَةٌ مِنْ صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ

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

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

وَمَنْ قَتَلَهُ 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 Malikis 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 Mina2 and other places, as mentioned above while discussing ihram and the limits of the harams of Makkah and al‑Madinah.

According to the Imamiyyah, there are three conditions for slaughtering the hady in Mina:

(1) that the hady must have been brought in the ihram assumed for Hajj, not in the ihram for ‘Umrah;

(2) the pilgrim should have halted for some time of the night with the hady in ‘Arafat;

(3) he should have made the resolve to make the sacrifice on the day of ‘Id or the following day.

Also the Imamiyyah say that the pilgrim of Hajj al‑tamattu’ may make the sacrifice nowhere but in Mina, even if his Hajj is supererogatory. But the hady brought along in the ihram of ‘Umrah is to be slaughtered in Makkah. (al‑Tadhkirah)

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

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:

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'ar is 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'ar is 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 is 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 "Bab 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.

Notes

1. This is in agreement with the fatwas of al‑Hakim and al‑Khu'i.

2. The distance of Mina from Makkah is one parasang (approx. 4 miles).

3. It may be noted that whenever there is an explicit text of the Qur'an there is also agreement and consensus between the Islamic schools of fiqh and no difference between the Sunni s and the Shi`ah. The divergence of opinion between them arises either on account of the absence of nass (text), or its being synoptic (mujmal), or its weakness, or its contrariety with another text, or in its interpretation and application. This is a definite proof of the fact that all of them are derived from a single source.

4. Al‑Sayyid al‑Hakim says, "The duty to offer the hady in sadaqah does not remain if one cannot do it... and when the poor man would not accept it without money, it is not obligatory."

Between Makkah and Medina

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.