Alhassanain(p) Network for Heritage and Islamic Thought

Al -‘Umrah

The Meaning of `Umrah

The word `umrah in common speech "visit", but in the Shari`ah it means paying a visit to the Bayt Allah al-Haram (the Sacred House of God, i.e. the Holy Ka'bah) in a specific form.

The Kinds of `Umrah

The `Umrah is of two kinds: the first which is performed independently of the Hajj (called al-`Umrat al-mufradah al-mustaqillah `an al-Hajj), and the second kind which is performed in conjunction with the Hajj (al-`Umrat al-mundammah ila al-Hajj). The al-`Umrat al-mufradah, the independent `Umrah, all the five legal schools agree, can be performed at all times of the year, though it is meritorious to perform it during the month of Rajab according to the Imamiyyah, and in Ramadan according to the four Sunni schools.

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

Difference Between the Two Kinds of `Umrah

The Imamiyyah scholars make a distinction between al-`Umrat al-mufradah and `Umrat al-tamattu`, citing the following reasons:

1. The Tawaf al-nisa' (to be explained later) is obligatory in al-`Umrat al-mufradah, not in the `Umrat al-tamattu; and according to some jurists is forbidden.

2. The time of `Umrat al-tamattu` extends from the first of the month of Shawwal to the ninth of Dhu al-Hijjah, whereas al-`Umrat al-mufradah can be performed at all times of the year.

3. The pilgrim (mu'tamir) performing the `Umrat al-tamattu` is required to shorten his hair (al-taqsir), whereas the mu`tamir of al-`Umrat al-mufradah can choose between shortening his hair or completely shaving his head (al-halq), as shall be explained later.

4. The `Umrat al-tamattu` and the Hajj occur in the same year, which is not the case with al-`Umrat al-mufradah.

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

The Conditions of the ‘Umrah

The conditions for the `Umrah are essentially the same as mentioned in the case of the Hajj.

The Status of `Umrah

According to the Hanafi and Maliki schools, the `Umrah is not obligatory but a highly recommended sunnah (sunnah mu'akkadah). But according to the Shafi`i and Hanbali schools and the majority of Imamiyyah legists, it is obligatory (wajib) for one who is mustati`, and desirable (mustahabb) for one who is not mustati: In support, they cite the Qur'anic verse:

 وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ

(Perform the Hajj and the `Umrah for Allah.) 1

(Fiqh al - Sunnah, vol. V; al - Fiqh `ala al - madhahib al - 'arba`ah; al - Jawahir; al - Mughni )2

The Acts of the `Umrah

According to al-Fiqh `ala al-madhahib al-'arba`ah, whatever is wajibor sunnah for the Hajj is also wajib and sunnah for the `Umrah. But the `Umrah does differ from the Hajj in certain respects: there is no specific time for performing the `Umrah; it does not involve the halt (wuquf) in the plain of `Arafat; neither the departure thenceforth to al-Muzdalifah; nor the ramy al-jamarat.3

The Imamiyyah book al-Jawahir mentions that: "The obligatory acts (af'al or a'mal) of the Hajj are twelve: ihram; the wuquf at `Arafat; the wuquf at al-Mash'ar al-Haram; the entry into Mina; the ramy; the dhibh (sacrifice); its related taqsir or halq; the tawaf (the sevenfold circumambulation of the Ka'bah), and its related raka'at (units of the length of prayers); the sa’y; the tawaf al-nisa', and its related raka'at. The obligatory acts of al-`Umrat al-mufradah are eight: niyyah (intention); ihram4 ; tawaf its related raka'at; the sa’y; the taqsi; the tawaf al-nisa'; and its related raka'at."

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

Two Subsidiary Issues

1. The obligation (wujub) of al-`Umrat al-mufradah is not connected with the istita`ah for the Hajj. If, supposedly, it is possible for a person to go to Mecca at a time other than that of the Hajj and not possible at the time of the Hajj, then the `Umrah instead of the Hajj becomes obligatory for him. If he dies without performing it, its expense is taken out from his heritage."5

Similarly, if one has istita'ah for Hajj al-'ifrad instead of the `Umrah, it becomes obligatory upon him; because each of them is independent of the other. This applies to al-`Umrat al-mufradah. As to `Umrat al-tamattu`, which shall be explained later, its wujub depends upon that of the Hajj, since it is a part of it.

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

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

This much of discussion about the `Umrah is sufficient for throwing light upon it, so that the reader may grasp its difference with the Hajj, though only in some aspects. What we shall say later will offer further clarification.

Endnotes

1. The Qur'an, 2:196.

2. According to al-Mughni, Ahmad ibn Hanbal did not consider the ‘Umrah as being obligatory for Meccans, for the reason that the most important act of the ‘Umrah is tawaf(circumambulation of the Ka'bah) which they do and it suffices them.

3. In the book al-Fiqh 'ala al-madhahib al-'arba’ah, it is the author's wont to give the text followed by a commentary and notes. In the text, he states the points of consensus of all the four Sunni schools, the different position of each is given in the commentary. What we have quoted here is taken from the text, not from the commentary.

4. According to al-Din wa al-Hajj 'ala al-madhahib al-'arba'ah, by Karrarah, one of the things which distinguishes the ‘Umrah from the Hajj is that its ihram is not assumed from any of the mawaqit specified for the Hajj. From the Imamiyyah viewpoint, there is no difference between the miqat for one performing ‘Umrah and the miqat for one on Hajj with regard to ihram.

5. The Imamiyyah author of al-Madarik says: "The better known and sounder of opinions is that the obligation of ‘Umrah is independent of the obligation of Hajj." The author of al-Jawahir states, "The statements of fuqaha' are not free of confusion... the one which appears sounder is that those who live far away from Mecca are relieved of the obligation of ‘Umrah mufradah, and that which is obligatory upon them is 'Umrat al-tamattu; whose wujub is related to that of Hajj.

The Forms of 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. The four Sunni legal schools agree that the meaning of the Hajj al-qiran is to get into ihram for the Hajj and the `Umrah together. Then the talbiyyah uttered by the pilgrim is لبيك اللهم بحج وعمرة .

According to the Imamiyyah school, the Hajj al-qiran and Hajj al-‘ifrad are one and the same. There is no difference between them except when the pilgrim performing the Hajj al-qiran 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,1 or 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.2

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

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

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

فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ 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.

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

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

Endnotes

1. According to al-Jawahir, al-Madarik, al-Hada'iq and other Imamiyyah works on fiqh, it is not permissible for one already in the state of ihram to assume ihram for another purpose, until he completes all the acts of the rite (Hajj or ‘Umrah) for which he had assumed ihram.

2. Ibn 'Aqil is alone among Imamiyyah legists in agreeing with the Sunni legists in that the acts of both the Hajj and the ‘Umrah may be performed with a single ihram in Hajj al-qiran.