The Hajj
The Acts of the Hajj
At the beginning, in order to make it easier for the reader to follow the opinions of the five schools of fiqh about various aspects of Hajj, we shall briefly outline their sequence as ordained by the Shari'ah.
The Hajj pilgrim coming from a place distant from Mecca assumes ihram
from the miqat
on his way, or from a point parallel to the closest miqat, and starts reciting the talbiyah.
In this there is no difference between one performing `Umrah mufradahor any of the three types of Hajj (i.e. tamattu, ifrad, qiran). However, those who live within the haram
of Mecca assume ihram from their houses.'
On sighting the Holy Ka'bah, he recitestakbir
اللَّهِ أَكْبَر (i.e. `God is the greatest') andtahlil
لا إله إلا الله (i.e. `There is no god except Allah') which ismustahabb
(desirable, though not obligatory). On entering Mecca, he takes a bath, which is again mustahabb. After entering al-Masjid al-Haram, first he greets the Black Stone (al-Hajar al-'Aswad) - if possible kisses it, otherwise makes a gesture with his hand - then makes the tawaf (seven fold circumambulation of the Ka'bah) of the first entry, which is mustahabb for one performing Hajj al-'ifrad or Hajj al-qiran. Then he offers the two raka'at of the tawaf, again greets the Black Stone if he can, and leaves al-Masjid al-Haram. After this, he remains in the state of ihram in Mecca. On the day of tarwiyah, i.e. the eighth day of the month of Dhu al-Hijjah, or if he wants a day earlier, he goes forth towards `Arafat.
If the pilgrim has come for `Umrah mufradahor Hajj al-tamattu; he performs the tawaf of the entry, which is obligatory (wajib
) for him, and prays the two raka'at of the tawaf. Then he performs the sa’y between Safa and Marwah, and, following it, thehalq
(complete head shave) or taqsir
(partial shortening of the hair of the head). Then he is relieved of the state of ihram and its related restrictions, and things prohibited in ihram become permissible for him, including sexual intercourse.
Then he proceeds from Mecca after assuming ihram for a second time, early enough to be present at the wuquf (halt) at `Arafat (referred to as `mawqif, ; i.e. the place of halting) at noontime on the ninth of Dhu al-Hijjah. Assumption of ihram on the day of tarwiyah, i.e. eighth Dhu al-Hijjah, is preferable.
The Hajj pilgrim, irrespective of the type of Hajj he intends to perform, turns towards `Arafat, passing through Mina. The period of the wufuq at `Arafat is, for the Hanafi, Shafi`i, and Maliki schools, from the noon of the ninth until the day break of the tenth; for the Hanbali school, from the daybreak of the ninth until the daybreak of the tenth; and for the Imamiyyah, from non until sunset on the ninth, and in exigency until the daybreak of the tenth.
The pilgrim offers invocations (dua') at `Arafat, preferably (istihbaban) in an imploring manner.
Then he turns towards Muzdalifah (also called al-Mash'ar al-Haram), where he offers the Maghrib and Isha' prayers on the night of the `Id (i.e. the tenth of Dhu al-Hijjah). Offering the two prayers immediately after one another is considered mustahabb by all the five schools. According to the
Hanafi, Shafi'i, and Hanbali schools, it is obligatory to spend this night (i.e. the night of the `Id) at Muzdalifah; for the Imamiyyah, it is not obligatory but preferable. After the daybreak, he makes the wuquf at al-Mash'ar al-Haram, which is wajib for the Imamiyyah and mustahabb for other schools. And at Muzdalifah, preferably, he picks up seven pebbles to be thrown at Mina.
After this, he turns towards Mina before sunrise on the day of `Id. There he performs the ritual throwing of stones, called ramy, at Jamarat al-`Aqabah, no matter which of the three kinds of Hajj he is performing. The ramy is performed between sunrise and sunset, preferably (istihbaban
) accompanied by takbir and tasbi سُبْحَانَ اللَّهِ (i.e. proclaiming God's glory by saying `How far God is from every imperfection!').
Then if a non-Meccan on Hajj al-tamattu; he should slaughter the sacrificial animal (a camel, cow or a sheep), by agreement of all the five schools. However, it is not obligatory for one on Hajj al-'ifrad; again by consensus of all the five schools. For one on Hajj al-qiran, the sacrifice is obligatory from the viewpoint o the four Sunni schools, and for the Imamiyyah it is not obligatory except when the pilgrim brings the sacrificial animal (al-hady) along with him at the time of assuming ihram.
For a Meccan performing Hajj al-tamattu; the sacrifice is obligatory from the viewpoint of the Imamiyyah school, but not according to the four Sunni schools.
After this, he performs the halq or taqsir, irrespective of the kind of Hajj he is performing. After halq or taqsir, everything except sexual intercourse becomes permissible for him according to the Hanbali, Shafi'i and Hanafi schools, and according to the Maliki and Imamiyyah schools, everything except intercourse and perfume.
Then he returns to Mecca on the same day, i.e. the day of the `Id, performs the tawaf al-ziyarah, prays its related two raka'at, regardless of which kind of Hajj he is performing. After this, according to the four Sunni schools, he is free from all restrictions including that of sexual intercourse. Then he performs the sa’y between Safa and Marwah if on Hajj al-tamattu; by agreement of all the five schools. For the Imamiyyah school, the sa’y after tawaf al-ziyarah is also obligatory for one performing Hajj al-qiran and Hajj al-'ifrad. But for other schools, it is not obligatory if the pilgrim had performed the sa’y after the tawaf of first entry, otherwise it is.
For the Imamiyyah, it is obligatory for all the types of Hajj to perform another tawaf after this sa’y. Without this tawaf, called tawaf al-nisa; one is not relieved of the interdiction of abstinence from intercourse.
Then the pilgrim returns to Mina on the same day, i.e. the tenth, where he sleeps on the night of the eleventh, performs the threefold throwing of stones (ramy al jamarat) during the interval from the noon until the sunset of the eleventh- by consensus of all the five schools. For the Imamiyyah, the ramy is permissible after sunrise and before noon. After this, on the day of the twelfth, he does what he had done the day before. All the legal schools agree that he may now depart from Mina before sunset. And if he stays there
until sunset, he is obliged to spend the night of the thirteenth there and to perform the threefold ramy on the day of thirteenth.
After the ramy, he returns to Mecca, before or after noon. On entering Mecca, he performs another tawaf, tawaf al-wada` (the tawaf of farewell), which is mustahabb for the Imamiyyah and Maliki schools and obligatory for the non-Meccans from the viewpoint of the remaining three. Here the acts of the Hajj come to conclusion.
The Conditions (Shurut) that make the Hajj Obligatory (Wajib)
The Proviso of Bulugh
The Hajj is not obligatory for children, regardless of whether a child is of the age of discretion (mumayyiz) or not (ghayr mumayyiz). For a mumayyiz child, the Hajj is voluntary and valid. However, it does not relieve him/her of the obligation to perform the obligatory Hajj (called hijjat ib) for a Muslim are: maturity (bulugh), sanity (`aql), and `capability' (istita'ah).al-'Islam) later as an adult possessing istita'ah; this, in case he/she does not attain adulthood before the wuquf. On this all the five schools of fiqh are in agreement.
It is permissible for the guardian (wali) of a ghayr mumayyiz child to take him along on the Hajj pilgrimage. In that case, he puts on the child the dress of ihram; instructs him to say the talbiyah, if the child can say it well, or otherwise says it himself on the child's behalf; and is cautious lest the child commits some act unlawful (haram) for the pilgrims (hujjaj). The accompanying guardian also tells him to perform every act that the child can perform himself, and what he cannot, the guardian performs it on the child's behalf.
The schools of fiqh differ on two questions relating to the Hajj of a mumayyiz child: firstly, whether his Hajj is valid, irrespective of the permission of the guardian; secondly, whether he is relieved of the obligation of Hajj if he attains adulthood before mawqif. According to the Imamiyyah, Hanbali, and Shafi'i schools, the guardian's permission is a provision for the ihram to be valid. According to Abu Hanifah, the idea of validity is inapplicable to the child's Hajj, even if mumayyiz, and regardless of whether he obtains the permission of the guardian or not; because, according to him, there is nothing to a child's Hajj except its significance as an exercise (Fath al-Bari, al-Mughni, al-Tadhkirah).
According to the Imamiyyah, Hanbali and Shafi`i schools, if the child attains adulthood before mawqif, his obligatory duty of Hajj (hijjat al-'Islam) is thereby fulfilled. And according to Imamiyyah and Maliki schools, the duty is fulfilled if he renewsihram
(as an adult), otherwise not; which means that he should start the Hajj all over again from the beginning. (al
-
Tadhkirah
)
Insanity
Basically the condition of insanity relieves a person of all duties. Even if he was to perform the Hajj, and presumably in the way expected of a sane person, it would not fulfil his obligatory duty were he to return to sanity. If his insanity is periodic, when regained for a sufficiently long interval it is
wajib for him to perform the Hajj with all its conditions and in all its details. However, if the interval of sanity is not sufficient to perform all the acts of the Hajj, he is quit of the obligation.
Istita’ah
All the five schools of fiqh agree that istita`ah is a requirement for the Hajj duty to become obligatory as mentioned by the Qu’ranic verse:
مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًا
(“… whoever is able to make his way there”). The Qur'an, 3:97
However, there is disagreement about the meaning of istita`ah. In hadith it has been defined as consisting of "al-zad wa al-rahilah". `Al-rahilah' implies the expenses of to and fro journey to Mecca, and `al-zad' stands for the expenses required for transport, food, lodging, passport fees, and the like. Moreover, the funds needed to meet such expenses must come out of the surplus after paying one's debts, after arranging for one's family's livelihood, meeting the requirements of one's source of income (such as land for a farmer, tools for a craftsman, capital for a tradesman, and so on), and without compromising the security of his life, property and honour.
All schools agree about it except the Malikis, who say that the duty of Hajj is obligatory for anyone who can walk. The Malikis also do not consider the necessity of providing for the living expenses of the family. Rather, they consider it compulsory for one to sell off his essential means of life, such as land, livestock, tools, and even books and unessential clothes. (al
-
Fiqh `ala al
-
madhahib al
-
'arba`ah
).
If a person upon whom the Hajj duty is not obligatory due to absence of istita'ah, takes upon himself the burden and performs the Hajj, in case he attains istita'ah afterwards, is his first Hajj sufficient or should he perform the Hajj once again? According to the Maliki and Hanafi schools, yes, repetition is not compulsory. According to the Hanbali school, yes, but a duty left unattended, such as an unpaid debt, must be discharged.
According to the Imamiyyah school, it does not suffice the obligation of Hajj if he attains istita'ah afterwards, because the provisional is inseparable from the provision both in its presence and its absence. The Hajj performed before the attainment of istita'ah is considered supererogatory (nafl
). Later, with its realization, repetition of the Hajj becomes obligatory.
Immediacy (al -Fawr)
The Imamiyyah, the Maliki, and the Hanbali schools consider the obligation (wujub) of the Hajj duty to be immediately applicable (fawri); i.e. it is not permissible to delay it from the moment of its possibility. It is sinful to delay, though the Hajj performed with delay is correct and fulfils the obligation. The author of al-Jawahir says:
The immediacy of the obligation of Hajj means that it is necessary to take initiative to perform the Hajj in the first year of attaining istita'ah, and failing that at one's next earliest opportunity....Thereafter, there is no doubt about the sinfulness of the delay if one were to forgo the first opportunity in the case of absence of another.
According to the Shafi`i school, the obligation of Hajj is not immediate (upon attainment of istita'ah); rather one may delay it and perform it when
he wishes.
According to Abu Yusuf, the Hajj is an immediate obligation. Muhammad ibn al-Hasan considers delay (tarakhi) permissible. Abu Hanifah has no explicit text on the matter, though some of his contemporaries state that he implicitly believes in the immediacy of the obligation.
Secondary Issues Related to Istita`ah
Women and the Hajj
Are there any additional conditions for women with regard to performance of the Hajj? All the five schools agree that it is not required that a woman should obtain the husband's permission for the obligatory Hajj duty, nor may he prevent her from undertaking it. However, there is a difference of opinion about whether the Hajj is obligatory upon her or not if she does not find a husband or a mahram
to accompany her on the journey.
According to the Imamiyyah, Maliki and Shafi`i schools, the mahram's company or that of the husband is not at all a condition, regardless of whether she is young or old, married or unmarried; since the mahram's company is a means of her safety, not an end in itself. Accordingly, we have two cases: either she feels confident of her security on the journey, or she doesn't. In the first case, the Hajj is obligatory upon her and the mahram's company is irrelevant. In the second case, she lacks the requirement of istita'ah, in spite of the mahram's company.
Accordingly, there is no essential difference between a man and a woman in this respect.
According to the Hanbali and Hanafi schools, the company of the husband or mahram is a provision for the woman's Hajj, even if she were old. It is not permissible for her to perform the Hajj without his company. The Hanafi school further stipulates the condition that her location should be at a distance of three days' journey from Mecca.
Bequest (al -Badhl)
Al-Mughni, a text of Hanbali fiqh, states: "If a person bequeaths money to another, it is not binding upon him to accept it, and it does not make the recipient mustati` (possessing istita'ah), irrespective of whether the bequeathed is a relative or a stranger, regardless of whether the bequest suffices for the expenses of the journey and food. According to al-Shafi`i, if the bequest is made by one's son, enough to enable him to undertake the Hajj journey, the Hajj becomes obligatory. This is because it enables him to perform the Hajj without having to bear a stranger's favour or without any accompanying encumbrance or harm.
According to the Imamiyyah school, if the bequest is an unconditional gift made without the provision of performing the Hajj by the recipient, the Hajj is not binding, irrespective of who makes the bequest. But if the bequest is made with the condition that one perform the Hajj, the acceptance of the bequest is binding and may not be rejected, even if the bequest is made by a stranger; since it makes him mustati ` to undertake the pilgrimage.
Marriage
What if one has only enough money either to get married or to perform the Hajj? Which of them is prior? The Hanafi text Fath al-qadir (vol. II, "Bab al-Hajj") mentions this question being put to Abu Hanifah, who, in his reply, considered that priority lies with the Hajj. The generality (itlaq) of this answer in which he gives priority to the Hajj, taking into consideration that marriage is obligatory under certain conditions, allows us to conclude that for Abu Hanifah delay in Hajj is not permissible.
According to the Shafi'i, Hanbali and Imamiyyah scholars, marriage has priority if there is likelihood of distress (haraj)or difficulty (mashaqqah)in refraining from marriage. In that case priority does not lie with the Hajj. (Kifayat al-'akhbar, al-Mughni, al-`Urwat al-wuthqa)
Khums and Zakat
Payment of the khums and zakat has priority over the Hajj. The condition of istita'ah is not realized until both are paid off, like other kinds of debts.
Istita'ah by Chance
If someone travels to a place in the vicinity of the holy city of Mecca, on business or for some other purpose, and his stay continues until the Hajj season, and if it is possible for him to reach the Holy Ka'bah, he thereby becomes mustati`. And if he were to return home without performing the Hajj, by consensus of all the schools, he is not relieved of the obligation.
Istinabah (Deputation)
The Islamic duties (`ibadat) are divisible into three categories, depending on a duty's nature whether it mainly involves bodily acts or financial expenditure.
1. The purely bodily `ibadat are those which, like fasting (sawm) and prayer (salat), do not involve any financial aspect. According to the four Sunni schools, such duties cannot in any circumstance be delegated to a proxy (na'ib), either on behalf of a living or a dead person. But according to the Imamiyyah school, taking a na'ib is permissible on behalf of a dead person, though not for a living person, to perform sawm and salat for him, and under all circumstances.
2. The purely financial `ibadat are those which do not involve bodily acts, such as khums and zakat. In such `ibadat, all legal schools agree, it is permissible to take a na'ib. It is permissible for one to depute another to take out zakat and pay other kind of alms (sadaqat) from his assets.
3. The duties which involve both bodily and financial aspects, such as the Hajj, which requires such bodily acts as tawaf (circumambulation of the Ka'bah), say (to and fro movement between Marwah and Safa), ramy (the symbolic throwing of stones), and financial expenditures such as for the journey and its accompanying requirements.
All the five legal schools agree that one who is capable of undertaking the Hajj in person and fulfils all the conditions thereof, should do so himself in person. It is not permissible for him to depute another to undertake it, and if he does so it would not relieve him of his obligation to perform it himself. If he does not do it in his life, according to the Shafi'i, Hanbali and Imamiyyah schools, he is not relieved of the duty because of the
preponderance of the financial aspect, and it is obligatory to hire someone to perform the Hajj with a similar expenditure. In case he does not make a will for the Hajj, the amount should be taken out from his undivided heritage.
According to the Hanafi and Maliki schools, he is relieved of the obligation due to the bodily aspect; but if he mentions it in his will, the expense is taken out from the one third of his inheritance--like all other bequests--and if he doesn't, istinabah is not obligatory.
The Physically Incapable (al -Qadir al -`Ajiz)
One who meets all the financial conditions for the Hajj pilgrimage but is incapable of undertaking it personally due to old age or some incurable disease, all the legal schools agree, is relieved of the obligation of performing the Hajj in person, for God says:
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
(... and He has laid no impediment in your religion ....).
However, it is obligatory upon him to hire someone to perform the Hajj for him. But if he doesn't, is it a negligence of a duty whose fulfilment continues to remain upon him? All the legal schools, with the exception of the Maliki, agree that it is obligatory upon him to hire someone to perform the Hajj for him. The Maliki says that the Hajj is not obligatory upon one who is incapable of undertaking it in person. (al-Mughni, al-Tadhkirah)
Furthermore, if a sick person recovers after deputing someone to perform his Hajj, is it obligatory upon him on recovery to perform the Hajj in person? According to the Hanbali school, another Hajj is not obligatory. But according to the Imamiyyah, Shafi'i and Hanafi schools it is obligatory, because what was fulfilled was the financial obligation, and the bodily obligation has remained unfulfilled.
Istinabah in al -Hajj al -Mustahabb
According to the Imamiyyah and Hanafi legal schools; one who has performed the Hijjat al-'Islam, if he wants to depute another for a voluntary, mustahabb Hajj, may do so, even if he is capable of undertaking it in person. But according to the Shafi`i school, it is not permissible. There are two narrations from Ahmad ibn Hanbal, one indicating prohibition and the other permission.
According to the Maliki school, it is permissible for an incurable sick person and for one who has performed the obligatory Hajj to hire another for the Hajj. The Hajj so performed is valid, though makruh (reprehensible). It is not considered as the Hajj of the hirer (mustajir) and is counted as the mustahabb Hajj of the hired (ajir).
The hirer gets the reward for providing assistance in the performance of the Hajj and shares the blessings of the prayers offered. When the Hajj is performed for the benefit of a dead person, irrespective of whether he has asked for it in his will or not, it is counted neither as fulfilment of the duty (fard) nor as a supererogatory (nafl)act, nor does it relieve him of the duty of the obligatory Hajj. (al-Fiqh `ala al-madhahib al-'arba`ah).
The Conditions for the Na'ib
The na'ib should fulfil the conditions of: bulugh (adulthood), `aql (sanity), belief in Islam, exemption from the duty of obligatory Hajj, and ability to perform the Hajj properly. A man may represent a woman and a-woman may represent a man, even if both the na'ib and the one whom he represents have not performed the Hajj before.
Should the na'ib commence the journey from his own place or that of the deceased whom he represents, or from one of the mawaqit? According to the Hanafi and Maliki schools, the na'ib should commence the pilgrimage journey from the place of the deceased, if he has not specified the starting point; otherwise according to his wish.
According to the Shafi`i school, the pilgrimage commences from one of the mawaqit; if the deceased person has specified one, then the na'ib must act accordingly, otherwise he is free to choose one of the mawaqit.
According to the Hanbali school, the na'ib must start from the place that the deceased was obliged to begin from if he had performed the Hajj himself, and not from the place of his death. If the deceased person had attained istita'ah at a place to which he had migrated, later returning to his own place, the na'ib should start from the place of migration, not from the deceased person's home, except when the distance (between his home-town and the place of migration) is less than what is required for qasr in prayers performed by a traveller.
According to the Imamiyyah school, the Hajj is classified into miqati (i.e. one which starts from one of the mawaqit) and baladi (i.e. one which starts from the town of the deceased). If the deceased has specified one of these two kinds, then the one specified.
If he has not specified, any one of the two may be performed. Otherwise the Hajj is miqati and, if possible, starts from the miqat nearest to Mecca, or else the miqat nearest to the town of the deceased. The cost of al-Hijjat al-miqatiyyah is taken out from the undivided legacy in the case of obligatory Hajj, and the expense exceeding the cost of al-Hijjat al-miqatiyyah is taken from the one third. (al-Jawahir)
Delay by the Na'ib
Once the na'ib is hired, it is obligatory for him to act with immediacy. He may not postpone the Hajj beyond the first year. Also, it is not permissible for him to depute another, since the duty is his own. If we do not know that he actually went on the pilgrimage and performed all its essential acts, or if we doubt whether he performed them correctly and properly or not, or whether he failed to fulfil any of its obligatory essentials, then we assume that he acted correctly and properly, unless there is proof to the contrary.
Change of Purpose by the Na'ib (al -`Udal)
According to the Hanafi and Imamiyyah schools, if one species to the na'ib a particular kind of Hajj; such as Jajj al-'ifrad, or Hajj al-qiran; then it is not permissible for him to make any change. However, if a particular town was specified as the starting point and the na'ib starts from another town, the purpose of the one who hires him is considered as fulfilled if the said specification was not really intended by the hirer; i.e. if by mentioning
the route he meant the Hajj itself, and not the route specifically. (al-Tadhkirah, al-Fiqh `ala al-madhahib al-'arba`ah).
0%
Author: Muhammad Jawad Mughniyyah
