Alhassanain(p) Network for Heritage and Islamic Thought

Making a will regarding pilgrimage

Rule 73: If a person on a deathbed has an obligation to perform his first pilgrimage and has adequate means, he must make sure that it will be performed after his death, even by directing in his will and in the presence of witnesses.

However, if he has no adequate means but thinks somebody will volunteer to perform pilgrimage for him, he must stipulate that in his will. If he dies, pilgrimage must be performed from his estate, as must also be done if he has made a general direction about it without qualifying that its expenses be defrayed from his bequeathable one-third.

However, if he directs that pilgrimage be performed from his portion of one-third in the estate and the expenses can be met therefrom, the expenses must be paid for from that portion and must take precedence over all other instructions in the will. If the bequeathable one-third of the estate is insufficient to meet the expenses, the balance must be defrayed from the entire estate.

Rule 74: It has been said that if a person dies without having performed obligatory pilgrimage but leaves a deposit with a person who fears that if he gave it back to the heirs, they will not have the obligatory pilgrimage performed on behalf of the deceased, it is obligatory on that person to perform pilgrimage himself, or by an agent and pay the heirs only the balance, if any, after meeting the expenses. However, this is not free from ishkal, i.e. arguable or problematic.

Rule 75: A person may die without having performed obligatory pilgrimage; they may leave debts and liability of khums and zakah; their estate is not sufficient to discharge all these obligations.

If the funds for such religious dues payable on the property were available, they must first be settled. If the deceased was indebted with same, pilgrimage will take precedence over their settlement; however, the settlement of debts takes precedence over pilgrimage.

Rule 76: If a person dies without having performed obligatory pilgrimage, it is not permissible for the heirs to have a free hand in his estate, without first meeting the expenses of the pilgrimage, irrespective of whether or not the estate is sufficient to meet the expenses. However, there is no objection to transactions made after provision has been made for the expenses of pilgrimage.

Rule 77: If a person dies without having performed obligatory pilgrimage and his estate is not sufficient to meet the expenses of having it performed, the available assets must be used to repay the debts, and khums and zakah; the balance should be distributed among the heirs. It is not obligatory on the heirs to supplement the expenses of pilgrimage from their personal property.

Rule 78: If a person dies without having performed obligatory pilgrimage, it is not necessary to pay for the expenses of the pilgrimage from the country of residence of the deceased.

It is sufficient to pay from the Meqat. Indeed, it is sufficient to appoint an agent from the Meqat with the most reasonable cost. As a matter of preferential precaution (al ahwatil awla), if the estate is large, it is better to pay for the expenses from the country of the deceased. If the estate is very large and the heirs are absolutely determined to have the pilgrimage performed, expenditure from the estate is permissible.

This is also the rule in respect of the debts of the deceased. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost.

Rule 79: If a person dies without having performed obligatory pilgrimage, it, as a matter of precaution (al ahwat), is mandatory to have it performed in the same year the person died. If it is not possible to hire an agent from the Meqat in that year, it is, as a matter of precaution, obligatory to send an agent from the country of the deceased and defray his expenses from the gross estate.

It is not permissible to delay it to the succeeding year, even if it is known that in the following year, it will be possible to engage an agent from the Meqat. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share from the young heirs must not be used to meet the cost.

Rule 80: If a person dies without having performed obligatory pilgrimage and it is not possible to obtain an agent at a reasonable fee, it is, as a matter of precaution, obligatory to appoint one, even at a higher rate and defray the expenses from the gross estate. It is not permissible for the heirs to postpone the pilgrimage to the following year, even if some of them are young.

However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost.

Rule 81: If any one among the heirs admits that there was an obligation on the deceased to perform pilgrimage, it is not obligatory on those who think so to have the pilgrimage performed, except to the tune of their shares of inheritance.

However, if the shares of those who consider so are not adequate to meet the expenses of the pilgrimage, it is not obligatory on them to meet the shortfall from their personal properties. If a donor comes forward to make up the shortfall, or it is met in any other way, deputizing someone to perform Hajj for the deceased becomes obligatory.

Rule 82: If a person dies without having performed obligatory pilgrimage, and a person volunteers to perform it on his behalf gratuitously, the heirs will no longer be required to have one performed themselves. The same applies in the event of the deceased instructing that pilgrimage be performed from his bequeathable one-third.

However, in both the cases the cost that would have been incurred on pilgrimage should not revert to the heirs, but be disposed of in good causes closest to the deceased's heart.

Rule 83: If a person dies without having performed obligatory pilgrimage but directs in his will that an agent be appointed from his town to perform one, it is obligatory to do so. However, the extra amount of remuneration, over what would have been paid if the agent was appointed from the Meqat, should be met from the bequeathable one-third of the estate.

If, in the will, he directs that pilgrimage be performed without specifying the starting point, it is sufficient to appoint an agent from the Meqat, unless there was an expressed that the agent be appointed from his town, for example, by designating a sum for pilgrimage which would adequate as a fee for the agent from the town.

Rule 84: If a person directs in his will that, in the event of his death, the agent, who is going to perform pilgrimage for him, be appointed from his town, and if the executor or heir appointed one from the Meqat, the appointment is invalid; This is so only if the remuneration be paid from the estate of the deceased. However, the obligation of the deceased will be discharged by the performance of the agent.

Rule 85: If the will of the deceased stipulates that an agent be appointed to perform pilgrimage from another town or country, it is obligatory to act on it and the expenses in excess of what would have been paid to an agent appointed from the Meqat will be met from the bequeathable one-third of the estate.

Rule 86: If the will of the deceased stipulates that an agent be appointed to perform an obligatory pilgrimage on his behalf for a given wage, it is obligatory to act upon it. The remuneration should be paid from the gross estate, if it does not exceed what is commonly held as acceptable. However, if it does, the excess must be settled from the one-third bequeathable portion.

Rule 87: If the will of the deceased stipulates that pilgrimage be performed on his behalf from an identified property, and it is in the knowledge of the executor that there is a liability of khums or zakah on the property, these must first be paid from it.

The balance should then be used to meet the expenses of pilgrimage; if it is not sufficient, the shortfall must be met from the gross estate, should the obligation of the deceased be for Hajjatul Islam, otherwise the balance must be spent in good causes of the kind in which the deceased would have wished to donate.

Rule 88: If it becomes obligatory to appoint an agent to perform pilgrimage on behalf of a deceased, with or without a will, and the person charged with executing the obligation delays the appointment of the agent, so much so that the property, from which the expenses would have been paid, was damaged, he is personally responsible to employ an agent from his personal property.

Rule 89: If it was known that pilgrimage had become obligatory on the deceased, but it is doubtful if he had performed it, it is obligatory to have it performed for him and its expenses be met from the gross estate.

Rule 90: The obligation of the deceased would not be discharged by the mere appointment of an agent to perform a pilgrimage on his behalf. If it becomes known that the agent did not perform the pilgrimage for a good reason or not, it is obligatory to appoint another agent and meet the expenses from the gross estate.

If it was, at all, possible to recover the sum from the first agent, it is obligatory to do so, in the event that the money was paid from the estate of the deceased.

Rule 91: If there were numerous agents available, the one who should be chosen must be on the basis of the deceased stature. Accordingly, it is permissible to pay a higher remuneration. Evidently, that is so, even though the wage will be paid from the third allotted to the deceased, and that there was a minor among the heirs, who did not agree to that.

However, hiring an agent could prove problematic (mushkil), if it encroaches upon discharging other financial obligations the deceased stipulated in his will to be met, such as debt and zakah.

Rule 92: Whether the appointment of the agent is obligatory from the country of the deceased or Meqat is determined by the `mujtahid' followed by the heir or the heir's `ijtihad' and not that of the deceased. If the faith of the deceased was that it was obligatory to appoint an agent from his country, and that of the heir is that it is permissible to appoint one from the Meqat, it is not obligatory on the heir to appoint one from the country of the deceased.

Rule 93: If the pilgrimage had become obligatory on a deceased person who does not leave any estate, it is not obligatory on the heir to appoint an agent; however, it is meritorious, especially for his relatives, to do so.

Rule 94: If the will of the deceased stipulates that an obligatory pilgrimage be performed on his behalf, and it becomes known that it was Hajjatul Islam, the expenses incurred must be paid from the gross estate, unless he has expressly directed that the expenses be settled from his bequeathable one-third. If it becomes known to the person so directed that pilgrimage was other than Hajjatul Islam, or if there is doubt, the expenses must be paid from the one-third.

Rule 95: If the will of the deceased stipulates that an obligatory pilgrimage be performed on his behalf by a particular person, it is obligatory to comply with the instruction. If the nominated person does not accept the appointment except for a higher than the usual remuneration, the excess must be paid from the one-third portion of the estate, if the pilgrimage was Hajjatul Islam.

Rule 96: If the will stipulates that pilgrimage be performed for him for a particular sum to be paid to an agent, and the designated sum is such that it attracts no one, and if the obligation of the deceased was for Hajjatul Islam, it is obligatory to make up the difference from the gross estate.

If it was not for Hajjatul Islam, the sum earmarked for remuneration must be used for a good cause of the kind in which the deceased would have wished to donate. Otherwise, the stipulation lapses and the intended amount reverts to the estate.

Rule 97: If a person sells his house for a sum of money and makes it conditional on the buyer that he should spend it in the performance of an obligatory pilgrimage after his death, upon his death the amount in question will form part of his estate. If the pilgrimage to be performed was Hajjatul Islam, the condition becomes operative and it is obligatory to spend the sum on the remuneration for the pilgrimage, provided it does not exceed the usual remuneration. If it does, the deficit will be met from the one-third of the estate.

If pilgrimage was not that of Hajjatul Islam, the condition will still be sound and the whole remuneration will be paid from the one-third. If that share is insufficient, the condition shall no longer be operative insofar as the shortfall is concerned.

Rule 98: If a person donates, for example, his house to another on the condition that he performs a pilgrimage on his behalf after his death, the condition is valid and operative. It ceases to be the property of the donor and will not form part of his estate after his death, even if the pilgrimage is optional; the testamentary rules will not apply.

The same rule applies to a transaction in which the owner of the house passes ownership to another so that after his death the latter can sell the property and spend the proceeds to have a pilgrimage performed for him. In such a case, the condition is valid and operative, even if the pilgrimage is optional; the heirs will have no right in the property. If the recipient fails to fulfil the condition, the right in the property does not shift to the heirs, but to the executor or the Marji', and if he nullifies the transaction, the property reverts to the estate of the deceased.

Rule 99: If an executor dies and it is not known whether he appointed an agent before his death, it is obligatory to appoint one from the estate if the pilgrimage is Hajjatul Islam, and from the one-third share, if it is not.

If, however, the executor had taken possession of a property to expend on the pilgrimage and it is available, it should be repossessed. If there is a doubt that the executor paid the agent from his property and then reimbursed himself from the property of the deceased and such property is not available, the executor is not responsible as there would be doubt that it may have been lost without being negligent.

Rule 100: If the property was lost while in the possession of the executor without negligence on his part, he shall not be held responsible to compensate it. An agent must be appointed from the remainder of the estate if the pilgrimage is Hajjatul Islam and from the one-third portion, if not. If the remainder had already been distributed among the heirs, a sum sufficient for the remuneration of the agent should be recovered from them proportionately.

The same rule applies if a person is appointed an agent and dies before performing pilgrimage without leaving any estate, or if it is not possible to recover it from his estate.

Rule 101: If the property is lost in the hands of the executor before the appointment of an agent and it is not known if it was lost due to the negligence of the executor, it is not permissible to exact compensation from the executor.

Rule 102: If the will stipulates that a certain amount be spent on a pilgrimage other than Hajjatul Islam and there is doubt that it is in excess of the bequeathable one-third, it is not permissible to spend the whole of the amount without the consent of the heirs.

The rules on pilgrimage by proxy (Niyabah)

Rule 103: Qualifications of the agent:

First: Adulthood

An obligatory pilgrimage performed by a minor, acting as proxy, is not valid, be it Hajjatul Islam or any other type of pilgrimage, even if the minor is capable of rational action, as a matter of precaution (alal ahwat). However, it may be true to say that an optional pilgrimage performed by a minor, in his capacity as agent, with the approval of his guardian is valid.

Second: State of Mind

A pilgrimage performed by an agent of unsound mind is not valid, whether the disease is permanent or intermittent, if the pilgrimage is performed when the agent is experiencing a spell of the disease. However, there is no objection to employing an incompetent (safih) person as an agent.

Third: Faith

As a matter of precaution, a pilgrimage performed by an agent who is a non-believer would not count as valid, even if it was performed in accordance with the rules of our school of thought.

Fourth: The Agent's Freedom

The agent himself must not be obligated to perform an obligatory pilgrimage in the year in which he is appointed agent. If he is unaware or unmindful of his obligation he can still be appointed agent. This condition affects the validity of the appointment of the agent, not the validity of his pilgrimage.

Thus, even if there was an obligation on the agent to perform a pilgrimage personally, the obligation of his principal for performing pilgrimage will be discharged. However, the agent will not be entitled to the stipulated remuneration, but only to the usual amount.

Rule 104: It is not necessary that the agent be judicious (adil). However, he must be reliable insofar as performing pilgrimage is concerned.

Rule 105: The principal's obligation will be met only upon the proper completion of the pilgrimage by the agent. It follows that the agent must be conversant with the procedure of pilgrimage and its rules, albeit through coaching in every rite. When a doubt arises about his performing the rituals, he can ignore it.

Rule 106: There is no objection to the appointment of an agent for a discerning youth or an insane person. Indeed, an agent must be appointed if the pilgrimage became obligatory on a person of unsound mind during his period of sanity but died insane.

Rule 107: There is no requirement that the principal and agent be homogeneous. The appointment of a male agent for a female principal and vice versa is valid.

Rule 108: There is no objection to appointing, as agent, a person who has not been to pilgrimage before, irrespective of whether or not the principal had been on pilgrimage before. The gender of the agent or the principal does not matter. Some scholars say that it is discouraged (makrouh) to appoint, as agent, a person who has not been on pilgrimage before, but this is not proved.

However, in the case of a principal who is alive but has not been able to perform Hajjatul Islam or had a pilgrimage to perform, but died before performing it, it is preferable to appoint, as agent, a person who has not been on pilgrimage before.

Rule 109: It is necessary that the principal must be Muslim. Thus, acting as agent for an infidel is invalid, even if the infidel has died while still enjoying some wealth. If his heir is a Muslim, it is not obligatory on him to appoint an agent to perform an obligatory pilgrimage for the deceased.

As for an enemy of Ahlul Bait (the Household of the Prophet 's.a.w.'), acting as agent for him, it is not in order, except that it is permissible for a son of such a person himself to perform an obligatory pilgrimage for his father; for the other relatives there is ishkal (problem). However, there is no harm in performing pilgrimage and dedicating its reward (thawab) to a relative.

Rule 110: There is no objection to appointing an agent to perform an optional pilgrimage for a living person, whether gratuitously or for reward. The same goes for an obligatory pilgrimage for a person who is unable to do it personally for a valid reason. Performing pilgrimage by proxy on behalf of a living person is not permissible, apart from these two cases. An appointment of an agent for a dead person is always valid, whether gratuitous or for reward and whether for an obligatory or an optional pilgrimage.

Rule 111: It is necessary for the validity of the agency that the intent must be to perform pilgrimage for the principal, who should be known through any means of identification. Although it is not necessary that his name be uttered, it is recommended that the principal be remembered in all the ceremonies.

Rule 112: Just as performing an obligatory pilgrimage is valid, whether it is gratuitous or by permission, so is it valid if it is for reward or in fulfilment of a condition of contract.

Rule 113: Apparently (adh'dhahir), the agent must act as if the pilgrimage is for himself with regard to the rules on incapacity, i.e. as though they would have applied to him in his own pilgrimage. Also, the rules relating to the order of the ceremonies must be observed.

However, in the final analysis, a pilgrimage can be valid in one case but not in the other. For example, if the incapacity occurs during the stay at Arafat, he can choose the emergency stay; thus, the pilgrimage be valid and the principal acquitted from the responsibility. However, if he was unable to remain in Arafat for either the normal or the emergency stay, his pilgrimage is invalid.

It is not permissible to employ a person who knows he will be unable to perform the optional rituals, as a matter of precaution (ihtiyat). Indeed, there is ishkal (problem) in accepting as correct the performance of rituals of an unpaid volunteer agent. However, there is no objection to engaging a person who knows that he will move under a shade or will omit ceremonies which would not invalidate the pilgrimage, even though the omission was deliberate, like Tawafun Nisa, or staying in Mina for the evenings of 11th or 12th.

Rule 114: If the agent dies before wearing ihram , the pilgrimage is not valid for the principal and it is obligatory to appoint another agent to perform the pilgrimage again. If the agent dies after wearing ihram, the pilgrimage will be valid and it is clearly so if he dies after wearing ihram in the precincts of the Holy Mosque, as a matter of precaution. There is no difference in this regard between Hajjatul Islam and other types of pilgrimage, in the case of a paid agent; as for an unpaid volunteer one, judging the validity of pilgrimage so performed is not free from ishkal.

Rule 115: If the agent dies after wearing ihram and entering the Holy Mosque, he is entitled to his full remuneration if his appointment was to have the deceased absolved from his obligation.However, if his appointment was to perform certain ceremonies, he will be entitled to so much of the agreed remuneration as would be commensurate with the ceremonies performed by him.

If he died before wearing ihram, he would not be entitled to anything. However, if the part relating to preliminaries is included in the agreement of the agency, he would be entitled to an amount proportionate to the tasks performed by him.

Rule 116: If the appointment was from the country of the principal but the route to be taken by him to Makkah was not specified, the agent is free to choose the route. However, if the route has been laid out in the agreement, it is not permissible to disregard it. If the agent uses another one, completes the ceremonies, then and if the provision of the route in the agreement of agency was only as a condition, and not a specific term of the agreement, the agent is entitled to his full remuneration.

The other party is entitled to repudiate the agreement for breach of the condition, in which event the agent will be able to recover only the usual remuneration paid for the pilgrimage and not the agreed wage. If the specified route was a term of the agreement, the other party can again repudiate it. If it is repudiated, the agent is entitled to the usual remuneration for the parts of the agreement he performed, but not for the route he took; the parts he did not comply with will be ignored. If it is not repudiated, the agent is entitled to the agreed remuneration.

Rule 117: If a person agrees to become an agent for a person to perform an obligatory pilgrimage in a specified year, and then agrees with another to perform an obligatory pilgrimage on his behalf in the same year, the second agreement is invalid. The two agencies would be valid if they are taken out in respect of different years, or if one or both of them were not to be performed immediately.

Rule 118: If a person agrees to perform a pilgrimage as an agent in a specified year, it is not permissible for him to do so in an earlier or subsequent year than that specified. He can do so only with the consent of the principal who will be acquitted, of the obligation, by the performance in the different year. The agent will not be entitled to claim his remuneration, if he hastened or delayed the pilgrimage without the consent of the person who appointed him.

Rule 119: If an agent is prevented or blocked from performing the ceremonies, the same rules apply to him as would have applied to the principal if he had been performing the pilgrimage personally. These rules will be set out below. If the agency agreement was confined to that year, it becomes annulled. If it was not, the liability to perform it remains on his shoulders, and the principal can repudiate it, if there was a condition that the pilgrimage be performed in that year.

Rule 120: If the agent commits an act which attracts a kaffarah, he must pay for it from his own property, regardless of whether the agency is gratuitous or for a reward.

Rule 121: If the remuneration for pilgrimage is a fixed sum which proved insufficient for the expenses, it is not obligatory on the principal to meet the shortfall. Likewise, if the remuneration proved in excess, the agent would not be obliged to refund the excess.

Rule 122: If a person is appointed agent to perform an obligatory or an optional pilgrimage but vitiates it by having sex before reaching Mash'ar, it is obligatory on him to complete the pilgrimage, which will be valid insofar as the principal is concerned.

It is obligatory on the agent to perform an obligatory pilgrimage in the ensuing year and pay a penalty. However, it is obvious (adh'dhahir) that he is entitled to his remuneration. If he does not perform the pilgrimage in the ensuing year, for good reason or without it, the rule still applies, requiring him to perform the pilgrimage at his own expense.

Rule 123: Although according to the agreement, the remuneration becomes the property of the agent, it is not obligatory to make payment to him until he has completed the pilgrimage unless there was express agreement for earlier payment. It is clear that the agent can stipulate that the remuneration be paid before the pilgrimage, for generally it is not usual that an agent should proceed on the pilgrimage and undertake all the ceremonies without having received the remuneration.

Rule 124: If a person is appointed agent for pilgrimage, he cannot subcontract it to another person without the consent of the party who appointed him. However, should the hire be in return for a debt, and no date was appointed to start pilgrimage, the principal is free to hire another person.

Rule 125: If a person is appointed an agent to perform Hajj-ut-Tamatu' in good time but, per chance, the time became short and the agent changed Hajj-ut-Tamatu' into Hajj-ul-Ifraad, and after completing it performs the Umrat-ul-Mufradah, the obligation of the principal will be discharged.

However, the agent will not be entitled to his remuneration, if his appointment was conditional on performing the ceremonies. If, on the other hand, it was conditional on the obligation of the deceased being discharged, he will be entitled to the remuneration.

Rule 126: If the pilgrimage is optional, there is no objection to the agent performing it on behalf of a number of people. With regard to obligatory pilgrimages, an agent can perform it on behalf of one person only, except if the pilgrimage has become obligatory on two or more persons jointly.

For example, if two persons make a vow that they will together with a third jointly contribute towards the remuneration of an agent to perform a pilgrimage, it is permissible for them to appoint one agent on their behalf.

Rule 127: If the pilgrimage is optional, there is no objection to a number of people becoming agents in one year on behalf of one person, living or dead, gratuitously or for reward. The same rule applies to obligatory pilgrimages, if they are many. For example, there may be two pilgrimages obligatory on a person, living or dead, in respect of two vows, or one of them may be Hajjatul Islam and the other obligatory by reason of a vow. In such circumstances, it is permissible to appoint two agents, each to perform one of them.

Similarly, it is permissible to appoint two agents, one of them in respect of an obligatory pilgrimage and the other an optional one. It is not far from correct to say that two persons can be appointed agents for the same obligatory pilgrimage like Hajjatul Islam, as a matter of precaution, in the fear that the pilgrimage of one of them may be spoiled.

Rule 128: tawaf is a recommended act of worship in itself. It is, therefore, permissible to appoint an agent to do it on behalf of a deceased and also a living person who is away from Makkah, or in it, but was unable to perform it himself immediately.

Rule 129: There is no objection to an agent, on completion of the pilgrimage for which he was appointed, performing an Umrat-ul-Mufradah for himself or another person. Likewise, he can then make tawaf for himself or another person.

Various kinds of Umrah

Rule 135: Like obligatory pilgrimage, the optional pilgrimage is also at times obligatory and at times optional. It may be Mufradah or Tamatu'.

Rule 136: Like the pilgrimage, Umrah is obligatory on all those who can afford it and, like obligatory pilgrimage, must be performed forthwith, although the means may be sufficient for Umrah but not for a pilgrimage. However, it is apparent (adh'dhahir) that if a person's responsibility is the performance of Hajj-ut-Tamatu', the Umrat-ul-Mufradah is not obligatory on him.

Thus, if an agent performs all the ceremonies of obligatory pilgrimage on behalf of a principal, the performance of an Umrat-ul Mufradah for himself is not obligatory on him, even if he has the means to perform it, although, as a matter of precaution, it is better to do so.

Rule 137: It is mustahab to perform umrat-ul- mufradah in every month of the year. However, observing a gap of thirty days between every two such optional pilgrimages is not a must. That is, you can perform Umrah in the end of one month, and another at the beginning of another month.

It is not permissible to perform two such optional pilgrimages in the same month. There is no objection to a person performing two optional pilgrimages, one for himself or another person and the other in the hope that it will gain him thawab; or one for himself and the other for another person, or both of them for another person, or if one is Mufradah and the other Tamatu''.

So if a person has performed Umrat-ul-Mufradah, it is permissible for him to perform Umrat-ut-Tamatu'' consecutively in the same month. Similar too is the rule on performing an Umrat-ul-Mufradah on completion of an obligatory pilgrimage. However, it is not permissible to perform an optional pilgrimage between Umrat-ut-Tamatu' and obligatory pilgrimage.

However, if he stayed in Makkah until the day of tarwiyah, intending to perform pilgrimage, Umrat-ul-Mufradah will his Tamatu'; he should then perform Hajj-ut-Tamatu' thereafter.

Rule 138: Just as the optional pilgrimage becomes obligatory to perform on attainment of means, so does it become obligatory to fulfil a vow, oath, promise etc.,.

Rule 139: The rituals involved in the two optional pilgrimages, Mufradah and Tamatu'' can be the same, and this will be discussed late, as well as vary, such as:

1. in Umrat-ul-Mufradah, it is obligatory to perform Tawafun Nisa but it is not obligatory in Umrat-ut-Tamatu';

2. Umrat-ut-Tamatu' can only be performed during the season of obligatory pilgrimage, namely, Shawwal, Thil Qa'dah and Thil Hijjah, whereas it is permissible to perform the Umrat-ul-Mufradah during all the months of the year, preferably in Rajab;

3. in Umrat-ut-Tamatu', the ihram can be removed only after Taqseer, while in Umrat-ul-Mufradah it can be removed after taqseer or shaving the head, and the latter is better;

4. it is obligatory to perform Umrat-ut-Tamatu' and obligatory pilgrimage in the same year, but that is not the rule for Umrat-ul-Mufradah. If Hajj-ul-Ifraad and Umrat-ul-Ifraad have become obligatory on a person, it is permissible for him to perform the Hajj-ul-Ifraad in one year and the Umrat-ul-Ifraad in the other year;

5. in Umrat-ul-Mufradah, if a person deliberately had a sexual intercourse with his wife before sa'y, his pilgrimage becomes invalidated; he shall be required to perform it again, that is to stay in Makkah to the following month to perform it. However, if he does so during Umrat-ut-Tamatu'' it is doubtful if it would be invalidated and the better view is that it will not be affected as will be discussed in Rule 220.

Rule 140: In Umrat-ul-Mufradah as in Umrat-ut-Tamatu'' one must wear ihram at the Meqat itself as will be explained later. If the person is in Makkah and intends to perform an Umrat-ul-Mufradah, it is permissible for him to come out of the Haram and wear his ihram; thus, it is not obligatory for him to proceed to a Meqat and wear the ihram there; it is permissible for him to wear the ihram at Hudaybiyyah, Ja'ranah or Tan'eem.

The only exception to this rule is when a person invalidates his Umrat-ul-Mufradah by having sexual intercourse with his wife before sa'y. In this case, as a matter of precaution, he must repeat the ihram for a new Umrah from a Meqat; however, it is not permissible to wear ihram from Tan'eem, as will be explained further in Rule 223.

Rule 141: It is obligatory to perform an Umrat-ul-Mufradah, if one intends to enter Makkah, for it is not permissible to do so without ihram except for those who enter and depart from there regularly like by virtue of their trade.

Similarly, if a person has completed Umrat-ut-Tamatu' and Hajj, or after Umrat-ul-Mufradah and has left Makkah, he is permitted to re-enter without ihram before the expiry of the same month in which the Umrah was performed. As for the person who has departed from Makkah after performing Umrat-ut-Tamatu', but before the pilgrimage, the rule will be discussed under Rule 154 below.

Rule 142: If a person performs the Umrat-ul-Mufradah during the Hajj season (defined in Rule 139 '2' above) and remains in Makkah to the 8th of Thil Hijjah, he is permitted to treat it as Umrat-ut-Tamatu' and perform obligatory pilgrimage. However, there is no difference in this regard between an obligatory pilgrimage and an optional one.

Optional Pilgrimage

Rule 130: It is recommended to perform pilgrimage, if it were possible, even if one does not have the required means or has already performed the Hajjatul Islam. It is recommended to do so each year for those who can afford it.

Rule 131: It is recommended that at the time of departure from Makkah, one makes the intention to return there.

Rule 132: It is recommended to send on obligatory pilgrimage someone who does not have the means to perform it himself. It is also recommended to take a loan to make the journey, if one was sure they can make the repayment later. It is recommended to make much expense during pilgrimage.

Rule 133: It is permissible for a person who receives zakah, from the share of the poor, to spend it on a recommended pilgrimage.

Rule 134: It is conditional that a married woman, intending to perform an optional pilgrimage, obtain the consent of her husband. That is also the rule for a woman observing a waiting period (iddah) arising from a revocable divorce but not for a woman of an irrevocable divorce. A widow, who is still in iddah, can perform a pilgrimage.