Alhassanain(p) Network for Heritage and Islamic Thought

Tawaf

In Umrat-ut-Tamatu, the second obligation is tawaf.If a pilgrim deliberately abandons it, his Hajj, shall be null and void, irrespective of whether or not he was aware of the rule governing the matter.Delaying its performance could be materialized in a way that it would no longer be possible to perform it, as it would be time for the devotional stay in Arafat.Thus, the Umrah will be invalid.

Apparently, the ihram will also be invalidated. [And as a rectifying measure], reverting to Hajj-ul-Ifraad is not sufficient, although one should do so, as a matter of precaution.In both the situations, it is obligatory to repeat the Hajj in the following year.

Conditions of Tawaf

There are certain matters relating to the proper execution of tawaf

First: Niyyah

Tawafis invalid, if there is no intention to perform it for the purpose of attaining closeness and obedience to Allah.

Second: Taharah from urine and excrement

If one performstawaf despite such uncleanliness, whether deliberately, out of ignorance, or inadvertently,tawaf is invalid.

Rule 285: If in the course oftawaf, the pilgrim, in a stateof ihram, passes wind, urine or stool, the situation could take different hues:

• if he does so before completing the fourth round, the tawaf is invalid and he must repeat it after performing wudhu;

• if it occurs involuntarily, after completing the fourth round, he must interrupt the tawaf, perform wudhu and complete the tawaf from where he had interrupted it;

• if the occurrence, after completing the fourth round, was by choice, as a matter of precaution, he must complete the tawaf, after performing wudhu, and repeat it as well.

Rule 286: Before commencing the tawaf, a pilgrim may harbour a doubt as to whether he is tahir.He may remember having performed wudhu.Yet,the doubt relates to whether wudhuwas subsequently broken.He should ignore the doubt;otherwise, it will be obligatory on him to finishtawaf off, after performing wudhu.

However, if that doubt arises in the course oftawaf, and if he remembers having performed wudhu before, the ruling is as already stated. Conversely, if the doubt arises before completing the fourth round, he must perform wudhu and repeat tawaf.Otherwise,he must interrupttawaf, perform wudhu and complete what was left oftawaf rounds.

Rule 287: If the doubt about the cleanliness arises after completingtawaf, it must be ignored, although, as a matter of precaution, it may be repeated. It is, though, obligatory to clean oneself for the prayer after tawaf.

Rule 288: If it is not possible to perform wudhu, for a reason not likely to change [in time], tayammum must be performed for tawaf. If even tayammum is not possible, tawaf itself cannot be performed. When all hope of possibility fades away, an agent must be appointed to perform tawaf on his behalf. However, as a matter of optionalrecommended precaution (al ahwatil awla), he must also perform tawaf without wudhu or tayammum.

Rule 289: When the periods of Haydh and Nifas are over, and for one in Janabah, ghusl is obligatory for the performance of tawaf. If it is not possible to do so, and there is no hope of any possibility of performing ghusl, tawaf must be carried out with tayammum. In such a case, as a matter of recommended precaution, an agent must also be appointed to perform the tawaf;if even tayammum is not possible, the appointment of the deputy is called for.

Rule 290: If in the course of Umrat-ut-Tamatu, a lady, whether in a stateof ihram or not, starts her monthly period;there may not be sufficient time for performingUmrah. She should wait for the period to be over, perform ghusl and Umrah. If, however, the time is short, two possibilities could arise:

1. if the period commenced before assuming ihram, she should change to Hajj-ul-Ifrad; on completing Hajj rituals, it is obligatory on her to perform Umrat-ul-Mufradah, where possible.

2. if the period commences after wearingihram, she is free to either performHajj-ul-Ifraad, as outlined in the preceding paragraph, or perform the ceremonies of Umrat-ut-Tamatu, without performing tawaf and its prayer. After sa'y, she should perform taqseer, andthen wear ihram for Hajj. On returning to Makkah, after completing the rituals at Mina, she should performtawaf of Umrah, before performing tawaf for the Hajj.

If even then the bleeding continued and, she was convinced, that it will continue until after the return from Mina, she should hire an agent to perform the tawaf for her. She should perform the sa'y herself.

Rule 291: If the bleeding commences when a lady, in a state of ihram, is in the course of tawaf, and if it occurs before completing the fourth round, the tawaf is invalid, and the rule in this case is as stated above.If, however,it occurs after the fourth round, what was performed is valid;it is obligatory, though, to complete the remainder of the tawaf after ghusl. In both the situations, as a matter of precaution, time permitting, she should perform a complete tawaf afterwards.

Contrariwise, she should perform sa'y and taqseer, wear the ihram for Hajj and on her return to Makkah from Mina;after completingthe devotional acts there, she should perform the tawaf by way of qadha, before performingtawaf for jj as stated above.

Rule 292: If the bleeding commences after completingtawaf, but before sayingprayer fortawaf, it is valid;she should say prayer after performing her ghusl.If, however, the time is short, she should performsa'y and taqseer, and say prayer by way of qadha, before tawaf for Hajj.

Rule 293: If a lady has completed her tawaf and said her prayer for tawaf, and then feels the bleeding, but is uncertain as to whether it commenced before the tawaf or the prayer, during one of them, or after completingthe prayer, she should proceed on the basis thattawaf and the prayer is valid. However, if she knows that it commenced before or during the prayer, the preceding rule will apply.

Rule 294: If, when entering Makkah, a lady is able to perform Umrat-ut-Tamatu' , but deliberately postpones its completion until her monthly period starts, especially whenthere is not ample time left,apparently, her Umrah becomes invalid.

Rule 295: A it is widely held (alal mashhoor), in an optional tawaf, taharah, from urine and excrement, is not a prerequisite, i.e. tawaf is valid without it.However, taharah is essential for prayer.

Rule 296: It is sufficient for an ill person to clean himself according to his condition. For example, he may be helpless,incontinent, or afflicted with intestinal ailment. Thus, he may not be able to control himself. As a matter of precaution, the last one who is suffering from intestinal ailment must do both, i.e. perform tawaf personally, and hire an agent to perform it on his behalf where possible.

As a matter of precaution, in the case of a woman with an abnormal menstruation, should perform a separate wudhu for both tawafand prayer, if bleeding was little.If it was moderate, she should perform a ghusl but a separate wudhu for both of them.If it was intense, she should perform a separate ghusl fortawaf andprayer, without the need for wudhu, if there is no urination. If there is wudhu should, as a matter of precaution, also be performed with the ghusl.

Thirdly, Conditions of Tawaf

Taharah of the body and clothes: Tawafis not valid if the body or clothes worn are unclean (najis). The uncleanliness (najasah) which is excusable in prayer - like a spot of blood of the size of less than a dirham (roughly, equivalent to the size of ten-pence coin) - is, as a matter of precaution, not excusable in tawaf. There is no objection to carrying anything which is najis during tawaf.

Rule 297: Only out of necessity, there is no objection to blood, of ulcers or wounds, oozing in the course oftawaf, if it is difficult to stop. Otherwise, it has to be removed, as a matter of precaution. In situations of necessity too, the same rule applies to any najasah coming into contact with the body or clothes.

Rule 298: If a pilgrimis unaware of any najasah on his body or clothes, and he becomes aware of it only after completing tawaf, it is valid and there is no need to repeat it. Similarly, even the tawaf prayer will be valid, if he was unaware of the uncleanliness until after prayer.

The exception being, if he was in doubt about the najasah, before the prayer,or made investigation and did not become aware of it. However, the person who has a doubt, but does not carry out an investigation, and notices the uncleanliness after prayer, must repeat the prayer, as a matter of obligatory precaution.

Rule 299: If a pilgrim forgets about the najasah on his body or clothes and remembersafter completingtawaf, it is apparent that the tawaf is valid, albeit, as a matter of precaution, it is better to repeat it.

However, if he remembers after completing prayer,he must, as a matter of precaution, repeat the prayer, should the oversight be due to negligence; otherwise there is no need to repeat it.

Rule 300: If a pilgrim was unaware of the najasah on his body or clothes, and became aware of it in the course oftawaf, or his body or clothes became najis in the course of tawaf, he should change into clean ones and completetawaf, if tahir clothes were available. If not, and it was known that the najasah occurred after completing the fourth round of tawaf, he should abandon it, clean the clothes or himself, and complete tawaf.

If this occurs before completing the fourth round, he should abandon tawaf, clean the clothes or himself and, as a matter of precaution, perform another complete tawaf, even though it, apparently, is not obligatory to repeat tawaf.

Fourth: Circumcision for Males

Apparently, as a matter of precaution, if achild capable of rational action (mumayyiz) wearsihram himself, he must also be circumcised. If he is not, or his guardian helped him wearihram, it is not clear that he is required to have been circumcised for the purpose of tawaf, although, as a matter of precaution, he should be.

Rule 301: If an uncircumcised pilgrim in ihram, be he adultor discerning child, performs a tawaf, it is invalid. Unless he repeats it, after being circumcised, he will, as a matter of precaution, be regarded as a person who has abandoned tawaf and treated in the light ofthe following rules.

Rule 302: If a person has the means, and is able, to perform obligatory pilgrimage, but is not circumcised, he should be circumcised and can perform pilgrimage in the same year.Otherwise, he must delay it till after circumcision.

If it is not possible for him to be circumcised at all, whether because of some pressing matter or any other reason, it is obligatory on him to performpilgrimage but he should, as a matter of precaution, performtawaf himself for both Umrah and Hajj, and also hire an agent to performtawaf, say its prayeron his behalf.He should, though, say prayer after the agent has said it.

Fifth: Covering the Private Parts

As a matter of precaution, it is necessary to cover one's private parts during tawaf.The clothes, used for this purpose, have to be lawfully acquired, i.e. not maghsoub. As a matter of precaution, all the rules applicable to the clothes worn during prayer must be observed during tawaf as well.

Obligations of Tawaf

There are eight obligations to be fulfilled in tawaf :

1. It must be commenced at Hajar-ul-Aswad (The Black Stone) and, as a matter of recommended precaution the entire body of the pilgrim must pass in front of the entire Stone. It is recommended to stop a little distance away from the Stone, so that one is certain to be standing opposite it; the extra distance should provide an assurance for a proper start.

2. Each round is completed at the Hajar-ul-Aswad. In the last round, it is recommended to proceed a little further from the Stone so that the extra distance covered may provide assurance for its proper completion.

3. At all times, during the tawaf, the Holy Ka'ba must be to the left of the pilgrim. If, in order to kiss a corner of the Holy Ka'ba, one faces it, or because of rush of pilgrims, one finds himself facing it, or giving it his back or right sides, the distance covered in such a pose will not count as part of tawaf.

4. This rule is basic common sense as is also evident from the tawaf of the Holy Prophet (s.a.w.) when he did so riding. So there is no need for special effort to be made at the Hijr Ismail and at the corners.

5. Hijr Ismail must be included in tawaf; that is to say, a pilgrim must turn around the Hijr without entering it or climbing its wall.

6. One must circumambulate keeping clear of the Holy Ka'ba and its projection it known as Shadharwaan.

7. One must circumambulate seven times continuously. Less than seven rounds will invalidate the tawaf; if more than seven rounds are made deliberately, the tawaf will be invalid too, as will be discussed below.

8. The seven rounds must follow each other without considerable interruption between them.

9. The tawaf must be performed by free movement of the pilgrim. If he was made to move by being pushed by the crowd tawaf will not be acceptable.

Rule 303: As is widely held, tawaf is performed between the Holy Ka'ba and Maqame (the station) of Ibrahim (a.s.) - a distance of twenty six and a half arm lengths (about 12 meters). As one has to go around the wall of Hijr Ismail, the distance is reduced to six and a half arm lengths (about 3 meters).

However, if one moves outside this ambit, it is acceptable, though makrouh, particularly if one is unable to remain within the limits, or harm could befall him, if he did so. Nevertheless, where possible, observing ihtiyat is recommended.

Stepping out of the Bounds of Tawaf

Rule 304: If a person departs from the limits of tawaf and enters the Holy Ka'ba, the tawaf is invalidated and it must be repeated. It is preferable (al awla) that tawaf be first completed and then performed again, if the departure took place after completing half of tawaf.

Rule 303: If a pilgrim departs from tawaf to the `Shadharwaan', tawaf becomes invalid commensurate to the extent of the departure. After making good the distance, he should, as a matter of precaution, complete the tawaf and then repeat it.

In the course of tawaf, one should, as a matter of precaution, not extend one's arm towards the Shadharwaan or the wall of the Holy Ka'ba to touch a corner or whatsoever.

Rule 306: If, in the course of tawaf, a pilgrim enters Hijr Ismail, due to an oversight or out of ignorance, the round in which this occurs is invalid; there is no option but to repeat it, better though, after completing the entire tawaf.

The same rule applies, as a matter of precaution, to walking on the wall of the Hijr. While sticking to the course of tawaf, the pilgrim must not touch the wall of the Hijr either.

Irregularities in Tawaf

Rule 307: It is permissible to deliberately cut short optional tawaf. It is permissible too to interrupt obligatory tawaf for a pressing need or for any reason for that matter.

Rule 308: If, without good reason, the pilgrim steps out of the course of tawaf, completing the fourth round, the tawaf is invalid and has to be repeated. If it was after the fourth round, tawaf, as a matter of precaution, must be completed and then repeated. However, if the tawaf was optional, he may complete the remaining rounds, provided that he does not break the sequence.

Rule 309: If menstruation of a lady commences in the course of tawaf, it is obligatory on her to abandon it and leave the Masjid-ul-Haraam immediately. The rule governing such a case has already been discussed in the preceding 'Conditions for Tawaf'.

Rule 310: A pilgrim, performing tawaf, may find it necessary to interrupt it, due to sickness, carrying out an errand for a fellow believer, or attending to his own business.

If tawaf was obligatory, and he had completed the fourth round, his tawaf is valid. However, if he abandons it before completing the fourth round, his tawaf is invalidated. If tawaf was a recommended one, he can continue from where he stopped, even though he had not completed four rounds.

Rule 311: It is permissible to sit down to rest, in the course of tawaf, but it must not be prolonged so much so that the sequence, as is widely held, be broken; in that event, the tawaf becomes invalid and has to be performed again.

Rule 312: If a pilgrim interrupts tawaf in order to obtain the merit of praying at the earliest time, or join congregational prayer, or perform a mustahab prayer, he must complete the tawaf from where he interrupted it after completing his prayer.

He should, as a matter of precaution, repeat tawaf after completing it, if the interruption was in the course of an obligatory tawaf and had occurred before completing the fourth round.

Rule 313: During tawaf, a pilgrim may inadvertently omit parts thereof, yet becomes aware of the lapse before the chain of continuity is broken. If this is the case, he must complete his tawaf, which will then be deemed valid.

He may become aware of it after the sequence has been interrupted. He may as well has forgotten to perform either one, two or three rounds; thus, he should perform same; the tawaf will then be considered valid. If he cannot perform it personally, even though he may have remembered after returning home, he may hire an agent to perform it for him.

If he has forgotten more than three rounds, he should return and perform the missed ones. It is better, though, that having done so, he should, as a matter of precaution, perform another full tawaf,

Tawaf Prayer

The third obligation in Umrat-ut-Tamatu' consists of two raka'as to be said after tawaf. It is performed like Subh prayer except that the worshipper has the option to say it aloud or in a whispered way. It is obligatory to say it close to Maqam Ibrahim (a.s.). Evidently, it must be said at its rear. If it is not possible to do so, one may say it on any of its both sides in addition to saying it far from the Maqam but at its rear.

If this is not possible, any of the two is sufficient. However, if this is not possible, then one may, as a matter of precaution, say it anywhere in the Mosque, and as close to the Maqam as possible. This is so when the tawaf is obligatory, but when it is optional, one may pray anywhere in the Mosque.

Rule 327: If a person deliberately fails to say tawaf prayer, his Hajj is invalid.

Rule 328: The prayer must be said immediately after tawaf, that is to say, there must not, generally speaking, be a gap between the tawaf and the prayer.

Rule 329: If a pilgrim forgets to say tawaf prayer, but realizes the lapse after sa'y, he should say it immediately. Accordingly, there shall be no need to repeat the sa'y, although one may do so as a matter of precaution. If he remembers it in the course of sa'y, he should interrupt it and say the prayer at the Maqam and then return to completing sa'y from where he had interrupted it.

If he remembers it after leaving Makkah, it is obligatory to return and say it at the Maqam, should doing so will not cause inconvenience. If it is not possible to return, he should say it wherever he remembers it. Even if it is possible to return to the boundary of the Haram, it is not necessary to do so. If one fails to say the prayer out of ignorance, the same rule applicable to the one who forgets shall apply to him.

Rule 330: If a person dies, but has an obligation to say the prayer, it is obligatory on his eldest son to have the prayer said qadha, provided that the conditions concerning Qadha are satisfied.

Rule 331: If a pilgrim's recitation of prayer is not perfect, and he is unable to correct it, it is sufficient for him to recite Suratul Fatiha. Otherwise, he should, as a matter of precaution, add to it some Ayahs he is good at reciting correctly; if not, tasbeeh. If all effort has been exhausted to render the recitation correct, he should, as a matter of precaution, say it as best he could, join congregational prayer and hire an agent to say it on his behalf.

Rule 332: If a pilgrim is unaware that his recitation is not sound, and his ignorance is excusable, his prayer is valid; there shall be no need for him to say it again, even if he comes to know of the lapse after the prayer.

If his ignorance was not excusable, he must, after correcting his error, say the tawaf prayer again; the rules governing a person who has forgotten to say the prayer shall apply to him.

Obligations of Sa'y

This is the fourth obligation in Umrat-ut-Tamatu'. In sa'y too, intention to seek nearness to Allah is obligatory but there is no obligation to cover the private parts, [although exposing one's genitals in a public place is not allowed], or for taharah from urine or excrement, although it is preferable (al awla) to be tahir during sa'y.

Rule 333: Sa'y is to be performed after tawaf and its prayer. If it is performed before the tawaf or prayer, it is obligatory to repeat it after performing both. As for the one who forgets to perform tawaf, but recalls after performing sa'y, the rule has already been set out.

Rule 334: Niyyah to attain closeness to Allah, is essential in sa'y performed for Umrah or Hajj, whichever is applicable.

Rule 335: Sa'y consists of seven laps. The first round starts at Safa and ends at Marwah. The second round is a reversal of the first, the third is like the first, and so on until the seventh round ends at Marwah.

One should cover the whole distance between the two mounts in each round; there is no need to climb any of them, even though it is preferable and precautionary (awla and ahwat) to do so. As a matter of precaution, it is obligatory for performing sa'y to be continuous, i.e. there should not be a break between the rounds.

Rule 336: If a person starts from Marwah, albeit due to an oversight, sa'y will be deemed invalid and he must resume from Safa.

Rule 337: In sa'y, it is better, though not necessary, that a pilgrim walks; it is permissible to ride an animal or be carried by another person or pushed on a wheelchair.

Rule 338: If his sa'y is to be considered in order, a pilgrim must carry out brisk walking between Safa and Marwah. This must also be carried out on the known track.

It is not permissible to do the rounds via the Mosque or along another route. However, there is also no requirement that one must walk in a straight line.

Rule 339: When walking towards Marwah, one must set his face to it. The same procedure should apply to Safa. It is not permissible to turn one's back to Marwah, when proceeding to it, or turn one's back to Safa, when returning from Marwah. However, there is no objection to merely looking to the right, left or back in the course of the walk.

Rule 340: A pilgrim must, as a matter of precaution, observe the order of rounds in sa'y. However, in the course of performing sa'y, it is permissible to sit at Safa, Marwah, or between them for rest.

Yet one must, as a matter of precaution, avoid having a break in the process, except for those who are tired, or need to interrupt sa'y to catch up with prayer at the earliest time. In these cases, one may complete the sa'y from where it had been interrupted.

It is also permissible to interrupt sa'y to attend to a need, indeed at all times. Yet one should, as a matter of precaution, complete it and then repeat it.

Rules of Sa'y

Sa'y is one of the fundamentals of Hajj. If one deliberately fails to perform it - whether conversant with the rule or not - to the extent that it becomes impossible to complete Umrah rituals in time (i.e. before the zawaal of wuquf at Arafat) the Hajj is invalidated.

The rules applicable to such a pilgrim are the same as those governing the one who deliberately fails to perform tawaf. These have already been discussed under Tawaf.

Rule 341: If a pilgrim forgets to perform sa'y, he must perform it whenever he remembers. However, if one remembers after completing the ceremonies of Hajj, and is unable to perform sa'y personally, because of some constraint or difficulty, he must resort to appointing an agent. In both the cases, the pilgrimage will be valid.

Rule 342: If a pilgrim is unable to perform sa'y in time, even with the another person's help, he must enlist the service of another, who could carry him or push him in a wheelchair.

If help was not at hand, he may hire an agent to perform sa'y on his behalf. Inability to use a proxy, due to ill health, could be resolved by the pilgrim's next of kin, or another person, carrying it out for him. Hajj, in both the cases, will be valid.

Rule 343: A pilgrim must, as a matter of precaution, not delay performing sa'y, after having completed tawaf and its prayer. Evidently, though, it is permissible to delay it till night time to overcome tiredness or avoid hot weather, indeed at all circumstances - on the strength of the evidence (alal aqwa). Nevertheless, it is not permissible to delay it to the next day.

Rule 344: The rule, governing the doubt of doing extra rounds in sa'y, is exactly the same as the that governing tawaf. It invalidates the sa'y if, knowingly and deliberately, additional rounds are made.

However, if the lapse occurs out of ignorance of the rule, sa'y will evidently not be invalidated, albeit repetition is recommended, as a matter of precaution.

Rule 345: If a pilgrim, performing sa'y, makes extra rounds by mistake, his sa'y is valid. However, if the increase is a complete round or more, it is mustahab to complete seven rounds to make a full sa'y, on top of the first one. In this way he should complete it at Safa.

Rule 346: If a pilgrim deliberately falls short of the required rounds in sa'y, be he conversant with the rules or not, he shall be governed by the same rules of him who fails to do sa'y.

If the shortfall was inadvertent, he must rectify the situation whenever he remembers, evidently, whether the decrease was one round or more

If the lapse is realized after a while, such as remembering mistake made during the sa'y of Umrat-ut-Tamatu' while he is in Arafat or after the expiry of Thil Hijjah, he must hasten to repeat the sa'y, as a matter of precaution.

If, for any reason, he could not, he must hire an agent to do it for him. As a matter of precaution, the agent must do both - finish the forgotten rounds off and repeat the sa'y.

Rule 347: If, in the course of Umrat-ut-Tamatu', a pilgrim mistakenly fails to perform part of sa'y, in the belief that he had completed it, he must, as a matter of precaution, sacrifice a cow as a kaffarah (kaffarah ); it, as already stated, is obligatory to complete the sa'y.

Doubt in Sa’y

Doubt, in the number of rounds of sa'y or whether it was done properly, must be ignored; that is after it is no longer feasible to rectify it. For example, if the doubt arises in Umrat-ut-Tamatu', after taqseer, or in Hajj, after the embarkation on Tawafun Nisa.

If the doubt, in the number of rounds after completing sa'y; was in favour of an increase, he must ignore it, should it arise before taqseer. If the doubt was in favour of a lesser number of rounds, the sa'y is invalidated.

Rule 348: If the doubt, in favour of an increase, happens towards the end of the round, such as on reaching Marwah, a pilgrim thought it was his seventh or ninth round, the doubt should be ignored and sa'y is therefore valid. However, if the same doubt arises in the course of a round, the sa'y is invalidated and has to be performed again.

Rule 349: The rule on doubt in the number of rounds in sa'y is the same as the rule for doubts arising in the course of tawaf. As a general rule, if there is doubt in the number of rounds, the sa'y is invalidated.

Taqseer

It is the fifth obligation in Umrat-ut-Tamatu'. What is in sa'y is that it must be embarked on with the niyyah of alqurbah. It is materialized by cutting some hair of the head, beard or moustache.

Evidently (al adhhar), it is not enough for taqseer to be recognized as valid that one merely plucks out hair. As it is widely held (alal mashhoor), it be accepted by cutting the nails of hand or foot, as an alternative. However it should, as a matter of precaution (alal ahwat), not be performed independent of cutting the hair first.

Rule 350: Taqseer has to be done when coming out of Umrat-ut-Tamatu'. It is not permissible to shave the head, as doing so is forbidden; it attracts a kaffarah of a sheep, if one does so knowingly and deliberately. Indeed, this could be the case in all circumstances, as a matter of recommended precaution (al ahwatil aqwa).

Rule 351: If a pilgrim, knowingly and deliberately, engage in a sexual act after sa'y, but before taqseer, he is liable to bear a kaffarah of a camel, as has been discussed under Ihram. However, if he did so in ignorance of the rule, he should be relieved of the penalty.

Rule 352: Taqseer must follow sa'y, i.e. it is not permissible to perform it before sa'y.

Rule 353: Taqseer is not obligatory immediately after sa'y. It is permissible to do taqseer wherever one pleases, whether at sa'y place, at one's house, or at any other venue.

Rule 354: If a pilgrim deliberately fails to do taqseer, and subsequently wears ihram for Hajj, his Umrah is invalidated. Evidently, his Hajj changes to Ifraad. He must perform Umrat-ul-Mufradah later. He should, as a matter of precaution, repeat the Hajj in the following year.

Rule 355: If a pilgrim fails to do taqseer, due to an oversight, and subsequently wears ihram for Hajj, his Umrah and ihram are valid. However he must, as a matter of recommended precaution, pay a kaffarah of a sheep.

Rule 356: When a pilgrim, in Umrat-ut-Tamatu', performs taqseer, all the prohibitions, imposed while in a state of ihram, are lifted, including shaving the head. However, as a matter of precaution, it is lawful to shave the head within thirty days from the day of Eid-ul-Fitr, but not after that period. If he deliberately does shave after the period, he must, as a matter of precaution, pay a kaffarah of a sheep.

Rule 357: In Umrat-ut-Tamatu', Tawaf-un-Nisa is not obligatory; yet there is no objection to performing it.

Ihram for Hajj

As has already been stated, there are thirteen obligations in Hajj. These will now be dealt with in some detail:

The best time for wearing ihram for Hajj is the day of Tarwiyah which is the eighth of Thil Hijjah at zawaal. It is permissible for old and sick people who are fearful of overcrowding, to wear ihram, three days before then. They can wear ihram and leave Makkah before other people. Indeed, if need be, they can leave immediately after completing Umrat-ut-Tamatu'.

Similarly, it is permissible for those permitted to perform tawaf of Hajj before wuquf at Arafat and Muzdalifah, to wear ihram earlier, such as a lady fearing the onset of haydh. As has already been discussed, it is permissible to wear ihram for Hajj and leave Makkah, for a legitimate business, at any time, after completing Umrat-u-Tamatu'.

Evidently, it is also permissible to wear ihram, three days earlier than should be the case, and even earlier than that in certain circumstances.

Rule 358: As has already been discussed, it is not permissible for a pilgrim performing Umrat-ut-Tamatu' to wear ihram for Hajj before taqseer. So is the case in Umrat-ul-Mufradah before completing the ceremonies of Hajj. However, it can be worn after completion of all the ceremonies, but before Tawaf-un-Nisa.

Rule 359: Whoever can make the wuquf at Arafat on the specific day and time, it is not permissible for them to delay putting the ihram on until such a time when it becomes untenable.

Rule 360: The rules governing the procedures, obligations and prohibitions of a state of ihram apply just as those governing both ihram for Umrah and Hajj. The only difference between them is in the niyyah

Rule 361: It is obligatory to wear ihram from Makkah as mentioned above. The best place for it is the Holy Mosque. It is recommended to wear the ihram after performing two raka'as of prayer at Maqam Ibrahim (a.s.) or Hijr Ismail (a.s.).

Rule 362: A pilgrim may forget to wear ihram, either inadvertently or because of ignorance of the rules, until he has left Makkah. If he remembers or becomes aware of the rules at a later time, it is obligatory on him to return to Makkah, even if he is in Arafat; he should wear ihram from there.

If because of limited time, or for another reason, it is not possible to return to Makkah, he should wear ihram wherever he is. Similarly, if he remembers or becomes aware after the wuquf at Arafat, he should proceed to Makkah, where possible, and wear ihram there. However, if he does not remember or acquire the knowledge until after completing Hajj, his Hajj is valid.

Rule 363: If a pilgrim knowingly and deliberately fails to wear ihram, it is obligatory on him to rectify it. Should it not be possible to do so before the stay at Arafat, his Hajj is invalidated and he is obligated to repeat it in the following year.

Rule 364: One must, as a matter of precaution, one make an optional tawaf after wearing ihram for Hajj and before departing from Makkah. If one does so, one must, as a matter of precaution, renew the talbiyah after tawaf.

Wuquf at Arafat

The second obligation in Hajj-ut-Tamatu' is the stay at Arafat. The objective of performing this act of worship has to be the niyyah of qurbah (attainment of closes to Allah. The requirement is the presence in Arafat, regardless of whether the pilgrim is riding, walking, sitting or moving.

Rule 365: The boundaries of Arafat are from Oranah, Thowayeh, Namerah to Thil Mijaz and Maazamein. Obviously, these boundaries are outside the places of wuquf for the pilgrims.

Rule 366: Apparently, Mount Rahmah is within the part of the place for wuquf. However, it is recommended to stay on the flat land to the left of the mountain.

Rule 367: What is important in wuquf is the niyyah. If a pilgrim had set out with such an intention, right from the start of time, and fell asleep or became unconscious throughout the remaining period, it suffices.

However, if his sleep or unconsciousness took place throughout the period, i.e. prior to the niyyah, wuquf will not count as valid. In contrast, if the same situation happens, but with the niyyah, there is not a clear-cut ruling (ishkal).

Rule 365: Wuquf at Arafat should, as a matter of precaution, be from the beginning of zawaal on the ninth of Thil Hijjah till sunset. Apparently, a delay caused by performing ghusl or praying Dhuhr and Asr jointly is permissible. The wuquf there for this period is obligatory and whoever fails to do so, by choice, commits a sin.

However, it is not one of the fundamentals of Hajj, i.e. if one fails to do it there for a portion of the required time, one's Hajj is not invalidated. Yet, if one deliberately fails to do there altogether, the Hajj is invalidated. Presence there is one of the requirements, not wuquf throughout the period.

Rule 369: If a pilgrim forgets to perform wuquf at Arafat or fails to do so out of ignorance, or other reasons, it is obligatory on him to perform it there for part of the Eid eve; his Hajj will then be considered valid. If he fails to do it there at all, his Hajj will be invalidated.

This rule applies when the pilgrim can catch up with the wuquf at Muzdalifah before sunrise; however, if he was unsure about reaching Muzdalifah before sunrise, he must confine his wuquf to Muzdalifah only; his Hajj will therefore be valid.

Rule 370: It is forbidden to depart from Arafat knowingly and deliberately before sunset. However, doing so does not invalidate the Hajj. There is no kaffarah incurred, if the pilgrim returns to Arafat. Otherwise, he must, as a matter of precaution, sacrifice a camel in Mina, not Makkah. Should this not be possible, he must observe fast for eighteen consecutive days in Makkah or on his way home.

The same rule applies to one who does it prematurely due to forgetfulness or is ignorant of the rule. It is obligatory on him to return there on remembering or becoming aware of the rule. Otherwise, he must, as a matter of precaution, pay the kaffarah in question.

Rule 371: Since performing Hajj rituals, such as wuquf at Arafat and Muzdalifah, stoning the Jamarat, and staying at Mina, is obligatory on certain days and nights of the month of Thil Hijjah, it is the duty of the pilgrim to investigate the sighting of the moon for that month, so that he can perform the ceremonies at the correct times.

If the Qadhi (Religious Authority) of the Holy Places proclaims the sighting of the moon, albeit not according to the shar'i criteria, it may be said to be acceptable for those convinced that the proclamation was correct. They must abide by it; their pilgrimage is valid; otherwise it will be invalidated.

Furthermore, it may be said that to follow the proclamation of such a Qadhi is sufficient, even though a pilgrim is not convinced of its validity, especially when taqiyyah requires such a practice. However, both the views are extremely problematic, i.e. not clear-cut. Accordingly, if it was possible for a pilgrim to perform all the ceremonies on the appointed times, pursuant to the accepted procedure for ascertaining the sighting of the moon, his pilgrimage is evidently valid.

Otherwise, if he ignores the opinion of the Qadhi regarding the two wuqufs [at Arafat and Muzdalifah] his pilgrimage is invalidated; if, however, he follows the opinion of the Qadhi, without making investigations, the validity of his pilgrimage is arguable (ishkal).

Wuquf at Muzdalifah

The third obligation in Hajj-ut-Tamatu' is wuquf at Muzdalifah which is also known as Mash'aril-Haraam. The limits, within which the wuquf is obligatory, are from Ma'zmein to Hiyadh and Wadi Muhassar. If, because of overcrowding and time constraints, it is not possible to be within the limits, one can climb Ma'zmein.

Rule 372: When a pilgrim leaves Arafat, he must spend part of the night in Muzdalifah. He should, as a matter of precaution, stay till sunrise. That said, apparently he can depart from there, for Wadi Muhassar, before sunrise. However, he is not permitted to cross the Wadi and enter Mina before sunrise.

Rule 373: It is obligatory to stay at Muzdalifah from dawn till sunrise on the day of Eid. Nevertheless, wuquf throughout the period is not one of the fundamentals of Hajj. Thus, if a pilgrim stopped there for a period of the Eid eve, then left before dawn, his Hajj is valid. Yet, if he did so deliberately, he incurs a kaffarah of a sheep. If he did so out of ignorance, there should be no penalty on him.

Rule 374: If a person does not hold wuquf between dawn and sunrise at all, his Hajj is invalid. Women, children, the fearful, the weak, the aged, the sick, and those caring for them are exempt. It is permissible for them to spend the night (Eid eve) at Muzdalifah and proceed to Mina before dawn.

Rule 375: The wuquf at Muzdalifah must be with the intention of attaining nearness to Allah alone, as is the case for wuquf at Arafat.

Rule 376: If a person forgets to hold wuquf at Muzdalifah or is, for another reason, unable to remain there between dawn and sunrise, he must do so for a period between sunrise and zawaal on the day of Eid. If he fails to do so altogether, his Hajj is invalidated.

Accomplishing both the Wuqufs or one of them

It has already been stated that there are appointed and alternative periods of stay at Arafat and Muzdalifah. If a pilgrim manages to hold wuquf during the definite periods in both the places, there is no problem in that. If not, the following situations could arise:

1. if a pilgrim did not manage to hold wuquf at either of the places at all, his pilgrimage is invalid. It is obligatory on him to change to Umrat-ul-Mufradah in the ihram of Hajj itself.

2. It is then obligatory on him to perform Hajj in the following year, if his obligation was Hajjatul Islam, and that he still can afford it and remained obligated to discharge it.

3. He manages to hold wuquf at Arafat during the appointed period and the alternative period in Muzdalifah

4. He manages to hold wuquf at Arafat during the alternative period and at Muzdalifah during the appointed period. In these two circumstances his Hajj is undoubtedly valid.

5. If he stays at both the places during the alternative period, clearly his Hajj is valid. However, he must, as a matter of precaution, repeat it in the following year, as is the case in First above.

6. If he manages only the wuquf at Muzdalifah during the appointed period, his Hajj is still valid.

7. If he manages only the wuquf at Muzdalifah during the alternative period, his Hajj is apparently invalid, and that it should be switched to Umrat-ul-Mufradah.

8. If he manages only the wuquf at Arafat during the appointed period, apparently his Hajj is invalid, and that he must change to Umrat-ul-Mufradah. The exception to the rule is if, on his way to Mina, he passes through Muzdalifah during the appointed period and does not stay there because of ignorance of the rule.

9. In such a case, it is not far from correct to say that the Hajj will be valid, particularly when passing through Muzdalifah, the pilgrim was engrossed in the remembrance of Allah.

10. If he manages only the wuquf at Arafat in the alternative period, his Hajj is invalid and he must change to Umrat-ul-Mufradah.