Alhassanain(p) Network for Heritage and Islamic Thought

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 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.

Endnotes

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, orbetween 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,  "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.

Endnote

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 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.

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 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 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'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.

Endnotes

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.

The ‘Ihram

Mawaqit al -'Ihram

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;1 for 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;2 for the pilgrims of Iraq, it is al-`Aqiq;3 for those from Yemen and others who take the same route, it is Yalamlam.4

According to the Imamiyyah, Qarn al-Manazil5 is 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 - 'Ishtirat

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.

Al -Niyyah

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)

The Talbiyah

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'ar7 or 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),8 and 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.

Marriage

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).

Intercourse

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.10 The 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.11 As 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.

Cupping (Hijamah)

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)

Hunting (al -Sayd)

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 is the 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 of the 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 of his 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."

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

Endnotes

1. Dhu al-Hulayfah, nowadays known as Bi'r `Ali or Abyar `Ali, is at a distance of about 486 kms. from Makkah to the north and 12 kms. from al-Madinah. (Tr.)

2. Al-Juhfah, lies a distance of about 156 kms. from Makkah to the north-west. (Tr.)

3. There are three points in the valley of al-`Aqiq, 94 kms. From Makkah in the north-east, from where ihram is assumed: al-Maslakh, al-Ghamrah, and Dhat al-`Irq. According to the Imamiyyah fuqaha', it is permissible to assume ihram from any of these points, though al-Maslakh is considered best, then al-Ghamrah, and then Dhat al-Irq. (Tr.)

4. Yalamlam is a mountain of the Tahamah range, lying at a distance of 84 kms. from Makkah (Tr.)

5. Qarn al-Manazil, the miqat for those coming from al-Ta'if, lies at a distance of 94 kms. east of Makkah.

6. 8 According to the Hanafi school, bringing along of hady substitutes the talbiyah, as mentioned by Ibn `Abidin and the author of Fath al-Qadir.

7. "Ish'ar" here means slitting the right side of the camel's hump. By "taqlid" is meant the hanging of an old horseshoe in the neck of the hady, which is meant to identify the sacrificial animal as such.

8. The nal has a sole, but is devoid of the covering on the sides and the back of the foot at the heels. The khuff is the common shoe, which covers the foot on the sides and the heels.

9. After performing ramy al jamarat and halq, everything except intercourse and perfume becomes permissible to the pilgrim--such as wearing of stitched clothes and other things. This is called al-hill al-'awwal (or "the first relief" from the restrictions of ihram). After the last tawaf all things including intercourse become permissible to him. This "second relief”--to be explained later--is called al-hill

al-thani.

10. According to al-Tadhkirah, It is necessary during the next Hajj that the `separation' should take place from the point where the misdemeanour was committed during the first Hajj. The meaning of `separation' (tafriq) is that the two should not be alone together without there being present a third muhrim, whose presence acts as a deterrent.

11. According to the Imamiyyah, the kaffarah for cutting a single nail is giving one mudd (800 grams) of food in charity. If all the nails of fingers and toes are cut in one sitting, the kaffarah is one sheep, but if done in several sittings, it is sacrifice of two sheep.

12. The author of al-Tadhkirah ascribes impermissibility of shadowing oneself while moving to Abu Hanifah, and the author of Rahmat al-'ummah ascribes to him permissibility.

13. Al-Mughni states, "Those knowledgeable about al-Madinah do not know of any Thawr or `Ir," but it is possible that names have changed with time.