Hajj Rituals (Manasek Hajj)

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Publisher: www.sistani.org
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Hajj Rituals (Manasek Hajj)

Author: Ayatullah Seyyed Ali Sistani
Publisher: www.sistani.org
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Hajj Rituals (Manasek Hajj)

Hajj Rituals (Manasek Hajj)

Author:
Publisher: www.sistani.org
English

Mina and the obligations there

When a pilgrim departs from Muzdalifah, it is obligatory to proceed to Mina to discharge one's obligations which, as will be discussed in detail, are three:

Stoning Jamratil-Aqabah

This is the fourth obligation in Hajj on the day of the sacrifice. Certain conditions have to be observed:

1. The niyyah for the act must be the attainment of nearness to Allah.

2. Seven stones must be thrown, not more or less; it is not permitted to throw anything other than stones.

3. The stones must be thrown one after the other and not two or more at a time.

4. It is necessary that the stones hit the Jamrah.

5. The stones must reach the Jamrah by being aimed at it and not merely deposited there.

6. The throwing of the stones and hitting the Jamrah must be done by a pilgrim himself. So, if the stone was in his hand but he was jostled around, resulting in the stone reaching the Jamrah, the obligation is not fulfilled.

7. The same rule applies, if the Jamrah is obstructed by a man, a woman, or an animal whose movements result in the stone hitting the Jamrah. However, there is no objection to its hitting something before reaching the Jamrah.

8. The stone must be thrown by hand. In that, if a pilgrim throws it by his mouth or feet, it is not sufficient. As a matter of precaution, it is not permissible to use a tool to fling a stone onto the Jamrah.

9. The throwing of stones must be carried out between sunrise and sunset. Women and others who are permitted to leave Muzdalifah at night may perform rami at the Jamrah at night during Eid. eve

Rule 377: If, during stoning, a pilgrim entertains a doubt as to whether the stone struck the Jamrah or not, he must resolve that it did not. The exception being that he had already engaged himself in another obligation or it was already night time when the doubt arose, in which case he must ignore it.

Rule 378: Two things are to be taken into consideration regarding the stones:

1. They must have been picked within the boundaries of the Haram but not from the Holy Mosque or the Mosque of Khief, and better still, they be picked in Muzdalifah.

2. As a matter of precaution, they must not have been used for this purpose before; it is recommended (mustahab) that they be coloured, dotted and soft and of a thickness of a finger. When stoning, should be standing on one's feet, and in a state of taharah.

Rule 379: As a matter of precaution, the stones must be hitting the area of the Jamrah representing its original height; it is not sufficient to hit the extension and elevation recently made, and so is the upper storey of the Jamrah recently constructed.

If it is not possible to hit the original area only, a pilgrim may, in person, hit the extended portion, and ask an agent to hit the original portion for him. In this regard, it is immaterial whether the action arises from awareness, ignorance, or oversight.

Rule 380: If a pilgrim forgot to stone on the day of Eid or failed to do so out of ignorance of the rule, he must hasten to rectify the error whenever he remembers or learns of the rule. If he recalls or becomes aware of the rule at night, he must perform rami the next day, unless he is among those permitted to do stoning at night.

Evidently, the pilgrim must, after the excuse for not stoning lapses, hasten to rectify the situation so long as he was still at Mina, and, for that matter, even at Makkah. It could still be done, even after the 13th of Thil Hijjah. However he should, as a matter of precaution, return to Mina, perform rami, and repeat the procedure in the following year in person or through a proxy.

If he recalls or learns of the rule after leaving Makkah, there is no need to return to Mina; in the following year, he must either perform rami in person or through a proxy, as a matter of recommended precaution (al ahwatil awla).

Rule 381: A pilgrim may forget to perform rami on Eid day, or fail to do so out of ignorance of the rule. Yet he may recall or become aware of the rule after having performed tawaf. In such a case, it is not obligatory to correct the omission. That said one should, as a matter of precaution, do so.

However, if he knowingly and deliberately fails to perform rami, his tawaf is obviously invalidated; it then follows that he must repeat tawaf after rami.

Sacrificing an animal at Mina

This is the fifth obligation in Hajj-ut-Tamatu'. It is necessary to set one's mind on performing this act of worship in the hope of attaining closeness to Allah (Niyyah of alqurbah). The sacrifice must be offered during the day, unless one is afraid of doing so for a valid reason, in which case it may be made at night.

As a matter of precaution, it is obligatory that it be offered after rami; if, however, one does so before rami, because he forgot or did not know the rule, it is still valid and should not be repeated. It is obligatory that the offering be made at Mina. If it is not possible, because of the rush, and because Mina is not capable of accommodating the multitudes of pilgrims, it could be made at Wadi Muhassar. If, by delaying the sacrifice, it becomes possible for the pilgrim to offer the hady in Mina, he may delay it up to the 13th of Thil Hijjah, as a matter of precaution.

Rule 382: As a matter of precaution, the hady must be offered on the day of Eid, although it is highly likely (al aqwa) that it could be delayed till the last day of Tashreeq, i.e. the 13th of Thil Hijjah. As a matter of precaution, the sacrifice must not be offered at night, except by those who have good reason not to do so.

Rule 383: If he can afford it, each pilgrim is obliged to offer one hady. As for the one who cannot afford it, this will be discussed under Rule 396.

Rule 384: It is obligatory that the animal to be sacrificed be either a camel, a cow or a sheep. It is not permissible to sacrifice a camel, unless it has completed the age of five years and has entered the sixth. If it is a cow or a goat, it must have completed two years, and as a matter of precaution, entered the third.

If it is lamb, it should have completed the seventh month and entered the eighth, and must, as a matter of precaution, have completed one year of age and entered the second.

If after the hady had been offered, a pilgrim learned that the age of the animal was less than the required one, it will not be acceptable; he will have to have a second go.

It is also necessary that all the parts of animal be sound; it must not be one-eyed, lame, without ears or with damaged horns, etc. Apparently, it should not be castrated (unless another is not found), weak, sick, very old or diseased in both testicles. There is no objection, if the animal's ears are injured or perforated, although they must, as a matter of precaution, be free from such defects. It must, as a matter of recommended precaution, not have been born without a tail or horns.

Rule 385: A pilgrim may purchase for hady what appeared to be a sound animal. Having paid the price, he discovers that it has a defect. It will be sufficient as a sacrifice.

Rule 386: If, during the days of Eid and Tashreeq, the pilgrim does not find an animal fulfilling all the requirements we have already outlined, it is recommended that sacrificing the animal lacking the conditions and fasting instead of hady should be resorted to.

The same applies in the case of a pilgrim who does not have sufficient money to pay for a fully fledged sacrifice. Should he afford to pay a sound animal later in the month of Thil Hijjah, it is advise to do it on top of what he has already done.

Rule 387: If an animal for sacrifice is bought in the belief that it is healthy, but it transpires that it is weak, it will still be sufficient, regardless of whether or not he found out that it was not sound before or after killing it.

If he already owns the animal, which he slaughtered under the pretext that it was sound, and it appeared that it was not, it is not sufficient, as a matter of ihtiyat.

Rule 388: If there is a doubt that an animal is emaciated, but is slaughtered in the name of Allah, and it transpires that it is fat and sound, it will be sufficient for the sacrifice.

The same rule applies if a pilgrim entertains a doubt, after the animal was slaughtered, as to whether it was carried out in Mina or elsewhere. However, the doubt may revolve around whether he sacrificed an animal at all. If it arose after shaving the head or taqseer, the doubt should be ignored. Otherwise, he needs to return to Mina and offer hady there.

Rule 389: If a sound animal is purchased for Hajj-ut-Tamatu' but after the purchase it, for any reason, becomes sick, or deformed, slaughtering it is arguable (ishkal). The pilgrim should, as a matter of precaution, sacrifice it as well; if he sold it, he should give the proceeds away in charity.

Rule 390: After the purchase of an animal for sacrifice, it may get lost. It may not be known that someone else had offered a sacrifice on the pilgrim's behalf. Another one should be purchased.

However, if before the second one is slaughtered, the first is found, it is sufficient to confine it to the first; the second remains the property of the pilgrim; he has the choice of slaughtering or sparing it. However he should, as a matter of recommended precaution, offer it. If the lost animal is found, after the second one was slaughtered, the first one must, as a matter of precaution, also be slaughtered.

Rule 391: If a person finds a stray animal, knowing that it was hady, he should, as a matter of precaution, look for its owner till the afternoon of the 12th day of Thil Hijjah. If he fails in his bid, he should slaughter it on behalf of the owner. If the owner comes to know about this, it would suffice.

Rule 392: If an animal cannot be found in time and the pilgrim has the cash ready, he should, as a matter of precaution, deposit it with a reliable person to purchase and slaughter an animal on his behalf before the end of Thil Hijjah. In the meantime, he should observe fasting.

If after the lapse of the whole month of Thil Hijjah, an animal is not found, one must be sacrificed in the following year. However, fasting, without offering the hady, may be sufficient after the lapse of the days of Tashreeq.

Rule 393: If an animal cannot be found and the cash is not available, the pilgrim must, instead, observe fast for ten days - the seventh, eighth and ninth of Thil Hijjah; the remaining seven days on returning home, as a matter of precaution. The seven-day fasting period must be observed consecutively. Fasting these days in Makkah or en route will not be in order.

If he does not return home, and remains in Makkah, he must wait till his companions get home, or the lapse of one month, before fasting the seven days.

Observing succession in fasting the first three days is a must, whereas it is not a condition for the seven days, although it is recommended as a matter of precaution. Fasting the first three days has to be with the pilgrim wearing his ihram for Umrat-ut-Tamatu'. If he does so before that, it shall not be in order.

Rule 394: If the person, obligated to keep the three-day fast, cannot observe a fast on the seventh of Thil Hijjah, he should keep the two on the eighth and ninth of the month, and the third on his return to Makkah, after performing the ceremonies at Mina. If he is unable to fast on the eighth, he should wait to return from Mina when he should observe the three-day fast together.

As a matter of recommended precaution, on return from Mina, the fast must be observed without undue delay. If the pilgrim becomes unable to keep the fast on return from Mina, he should fast on his way home, or on reaching home; he should not, however, join them with the seven-day, as a matter of recommended precaution.

If it becomes untenable to observe the three days until the birth of the moon of Muharram, he is relieved from the fast; thus, he must offer the hady in the following year.

Rule 395: It may not be possible for a pilgrim to find neither an animal nor the cash to buy it with; subsequently he observed the three fasts during Hajj. Should his position change whereby he becomes solvent before the lapse of the days of sacrifice, he must offer hady, as a matter of precaution.

Rule 396: If it is not possible for a pilgrim to offer the sacrifice on his own, but is able to join others in partnership, he should, as a matter of precaution, do so, and also observe the fast as stated above.

Rule 397: If a pilgrim deputies another to carry out the slaughter for him, and subsequently entertains a doubt as to whether or not the agent has sacrificed the animal, he must resolve the matter as though the job has not been done. However, if the agent is a reliable person and informs him that he has sacrificed the animal, that would be sufficient.

Rule 398: The conditions for the sacrifice of an animal do not apply to the slaughter of animals by way of kaffarah, although they should, as a matter of precaution, also be fulfilled.

Rule 399: It is not necessary that the animal, whether intended for hady or kaffarah, be slaughtered by the pilgrim directly. It is also permissible to authorize another person to do so. In such a case, the agent must make the niyyah on behalf of the owner of the offering, and not himself. However, as a matter of precaution, the principal must make the niyyah also. The agent must be a Muslim.

Distributing the sacrifice

As a matter of recommended precaution (al ahwatil awla), the owner must eat some of his hady, even a small quantity, ensuring no harm comes his way. He is permitted to keep one-third of it for himself, or for the consumption of his family. One-third can be given to the faithful as a gift.

As a matter of obligatory precaution (al ahwat wujuban), one-third of the hady must be given in charity to the needy among the faithful. If giving the third portion by way of sadaqah to the needy was not feasible or could cause difficulty, no harm is done. It is not obligatory to hand over this portion in person; it is permissible to hand it to an agent - even if the agent is the owner of the hady himself. He should distribute it, according to the instructions of the principal, by way of gift, sale, or any thing else. It is permissible to take the meat of hady out from Mina, if people who are there do not need it.

Rule 400: The actual division of the one third of the sadaqah, as well as that of the gift is of no consequence. What is of consequence, though, is the acquisition by the intended recipient. In that, it suffices, if he gives his one-third undivided share by way of sadaqah to the poor; the same goes for the third allocated as a gift.

Rule 401: The recipient of the portion of sadaqah or gift is free to dispose of it as he pleases, so much so that there is no objection to his giving it to non-Muslims.

Rule 402: If the carcass of the hady was stolen or forcibly snatched before distributing the meat by way of charity (sadaqah) or gift, it goes without saying that the owner should not stand to compensate the hady. However, if he deliberately wastes it or gives it to persons not entitled to it, he is, as a matter of precaution, liable for the one-third allotted to the poor.

Shaving the head and Taqseer

It is the sixth obligation in the obligatory Hajj. It is necessary that the niyyah for carrying it out should be to attain nearness to Allah. It is not permissible to perform this obligation before the Eid day, or even on its eve, except for those who are fearful that something might befall them. It should, as a matter of precaution, should be delayed until after stoning Jamrat-ul-Aqabah and offering hady in Mina.

As a matter of recommended precaution, it should be delayed till after slaughtering, but it should not be delayed after the day of Eid. However, if it precedes them, or either of them, due to an oversight or ignorance of the rule, there is no need to repeat it.

Rule 403: Shaving of the head is not permissible for ladies. Taqseer is their obligation.

Rule 404: Men have the option of either shaving the head or taqseer. However, shaving the head is preferred. Nevertheless, if one has applied any substance, such as honey to the hair for treatment of lice, or gathered the hair to one side of the head and tied it together, he should, as a matter of obligatory precaution, opt for shaving. If it is the first Hajj of the pilgrim he too should, as a matter of precaution, he take to shaving.

Rule 405: If the pilgrim opts for shaving his head but is apprehensive that the barber might cause an injury to his head, it is not permissible for him to shave. He should either have a crop by a shaving machine or have taqseer first, then a shave. If he, nevertheless, still opted for shaving by a barber from the outset, it shall be in order, albeit he would be considered sinful.

Rule 409: If it is doubtful whether a person is a male or a female or a hermaphrodite, one should perform taqseer, unless they have applied some medicinal treatment or a certain hair-do to their hair. In such a case, they should, as a matter of precaution, first perform taqseer and then have their head shaven.

Rule 410: After shaving or taqseer, all that which had been forbidden to the pilgrim during ihram becomes permissible, except intimacy to the wife, use of perfume and, as a matter of precaution, hunting.

Apparently, intimacy to ladies is not confined to intercourse, rather it applies to all types of enjoyment which are forbidden during ihram. However, it could be said that the pilgrim can attend marriage solemnization and be a witness at it.

Rule 411: If the pilgrim forgets to perform either taqseer or shaving, or fails to do so out of ignorance of the rule, and then leaves Mina, he should return to it and perform either of them.

However, if it becomes difficult to return, he should do so wherever he is. Where possible, he should send the cut hair to Mina. If the pilgrim shaves his head somewhere, other than Mina, even deliberately, it is sufficient. Yet, where possible, he should send the cut hair to Mina.

Rule 412: The Pilgrim may forget to perform either taqseer or shaving; he may fail to do so out of ignorance of the rule. If he recalls or learns of the rule after completing Hajj ceremonies, and then performs either of them, it is, evidently, not necessary to repeat the tawaf and sa'y, although one should, as a matter of precaution, repeat them.

Tawaf-Un-Nisa and its prayer

Tawaf-un-Nisa' is the tenth obligation in Hajj. The eleventh is the prayer which follows it. Although they are obligatory, they are not among the basic elements (arkan) of Hajj. That is, failure to perform them, even deliberately, does not invalidate the Hajj.

Rule 417: Tawaf-un-Nisa is obligatory on both males and females. If a man fails to perform it, his wife becomes unlawful for him. If a woman fails to perform it, her man becomes unlawful for her. An agent performing Tawaf-un-Nisa will do so on behalf of the principal and not himself.

Rule 418: The procedures and rules governing Tawaf-un-Nisa, and its prayer, are the same as those for tawaf of Hajj and its prayer. The only difference is in the niyyah .

Rule 419: If, on grounds of illness or otherwise, a person is unable to perform Tawaf-un-Nisa, he should do so with the help of another person, in a way or another as has already been discussed in Rule 326.

Rule 420: If a man deliberately fails to perform Tawaf-un-Nisa - regardless of whether or not he did it inadvertently or was aware of the rule - his wife is forbidden to him, until it is performed.

If it proves difficult for him to perform it himself, he can hire an agent to do it for him. When the agent has performed it on his behalf, he shall be in a position to resume intimacy with his wife.

If he dies before performing it, and his eldest son performs it on his behalf, the obligation is met. Otherwise it must, as a matter of precaution, be performed qadha. The expenses must be met from the shares of the adult heirs, with their approval.

Rule 421: It is not permissible to perform Tawaf-un-Nisa before sa'y. If one deliberately does so, it is obligatory to repeat it after sa'y. But if it is done out of ignorance of the rule or due to an oversight, it, apparently, is in order; however one must, as a matter of precaution, repeat it.

Rule 422: It is permissible to perform Tawaf-un-Nisa before the two wuqufs, for people mentioned in rule 412 above. However, they would not be able to resume intimacy with their wives until after performing the ceremonies at Mina, i.e. rami, slaughtering hady and shaving or taqseer.

Rule 423: If a woman's monthly period sets in and her companions could not wait for her becoming clean, it is permissible for her to abandon Tawaf-un-Nisa and leave with them. In such a case, she should, as a matter of precaution, hire an agent to perform tawaf and say its prayer on her behalf.

If, however, the menstruation commences after she had performed the fourth round, it is permissible for her to abandon the remaining rounds of tawaf and depart with her companions. She should, as a matter of precaution, hire an agent to perform the remaining rounds and say the prayer on her behalf.

Rule 424: The rules applicable to forgetting to say prayer after Tawaf-un-Nisa are the same as those for forgetting to say it after tawaf of Umrah which has been mentioned under Rule 329 above.

Rule 425: Intimacy between man and wife can only be resumed, after both have performed Tawaf-un-Nisa and said its prayer. The prohibition on hunting remains, as a matter of precaution, till the zawaal of the thirteenth [of Thil Hijjah]. Cutting of trees and grass, and hunting in the Haram is forbidden anyway as has already been stated.

Wuquf at Mina

The twelfth obligation in Hajj is to spend the nights of the eleventh and twelfth [of Thil Hijjah] in Mina. It is necessary to form the niyyah of alqurbah.

If, on the Eid day the pilgrim leaves for Makkah to perform tawaf and sa'y, it is obligatory on him to return to Mina to spend the night there. He who has not refrained from hunting, while in a state of ihram, must also spend the night of the thirteenth in Mina. As a matter of precaution, so must one who has not abstained from sex while in a state of ihram.

Apart from these two categories, the remaining pilgrims can leave Mina after Dhuhr of the twelfth; if, however, they delay their departure till night falls, they must spend the eve of the thirteenth in Mina till dawn.

Rule 426: The pilgrim may embark on leaving Mina and actually leaves the premises he occupies there, but, due to the traffic or any other reason, he gets held up. It then follows that, if it is possible for him to spend the night there, it is obligatory to do so. If, however, it was not feasible, he is permitted to leave Mina. He should, as a matter of precaution, sacrifice a sheep as a kaffarah.

Rule 427: If it becomes obligatory on a person to spend the night in Mina, it is not necessary for him to spend the whole of the following day there also. He needs to stay just long enough to perform rami of the three Jamarat.

Nor is it obligatory to spend the entire night there; it is enough to remain there from the beginning of the night till a little after midnight, or from a little before midnight till dawn.

It is preferable that he should spend the first half of the night there but must not enter Makkah before sunrise, as a matter of preferred precaution.

Rule 428: The exceptions to the rule of staying in Mina are the following categories:

A person who finds it difficult to stay for fear of endangering their life or property;

those spending the whole night in worship in Makkah, except for the time needed to meet necessities like food, drink, etc.;

those who, having performed the tawaf, remain in prayer, then leave Makkah, and get beyond Aqabatil Madaniyyeen. They can sleep en route before getting to Mina, and

people who supply the pilgrims with water.

Rule 429: One who fails to spend the nights in Mina must pay a kaffarah of a sheep for every night, except for the groups in (2), (3) and (4) above.

As a matter of precaution, even those who fail to do so inadvertently or out of ignorance of the rule, or are excused from spending the nights there, must sacrifice a sheep by way of kaffarah.

Rule 430: A person who leaves Mina, then re-enters at night on the eve of the thirteenth for some business, does not need to spend the night there.

Rami of Jamarat

The thirteenth obligation in Hajj is rami of the three jamarat, the First (Oola), Middle (Wusta) and Last (Aqabah), on the eleventh and twelfth [of Thil Hijjah], and, as a matter of precaution, also on the thirteenth, if its eve was spent in Mina. It must be done in person; hiring an agent is not permitted, except for a good reason.

Rule 431: It is obligatory to start rami of the First Jamrah , then the Middle and finally the Last. If this order is not followed, even due to an oversight or ignorance of the rule, the procedure must be repeated to achieve the proper sequence.

However, if one forgets or misses a Jamrah and throws four stones at the subsequent one before realising, he may complete the seven; there is no need to repeat the rami of the subsequent one.

Rule 432: The obligations already set out under 'The Fourth Obligation - 1 Rami of Jamratil Aqabah', above, apply to the stoning of all the Jamarat.

Rule 433: The stones must be thrown at the Jamarat during the day. The exceptions to the rule are those excused on grounds of ill health, fearing danger to their life, or any other valid reason, since they are permitted to carry out rami at night instead of day time.

Rule 434: If a person fails to perform rami on the eleventh through ignorance or oversight, it is obligatory on him to make up for it on the twelfth by way of qadha.

If a person forgets to do so on the twelfth, he must make up for it on the thirteenth. As a matter of precaution, the one who deliberately fails to perform rami is in the same boat as the ignorant.

Also one should, as a matter of precaution, differentiate between ada' and qadha obligations; the qadha must precede the ada'; the qadha at the beginning of the day, and the ada' at zawaal, as a matter of preferred precaution (al ahwatil awla).

Rule 435: If a person fails to perform rami due to oversight or ignorance and remembers after reaching Makkah, it is obligatory on him to return to Mina to perform it.

If he had forgotten to perform rami on two or three days, he must, as a matter of precaution, observe an interval between rami for the different days.

If he recalls after leaving Makkah, it is not obligatory to return to Mina, but he must perform the qadha in the following year in person, or by an agent, as a matter of preferred precaution.

Rule 436: The pilgrim who cannot perform rami in person, such as the sick, should hire an agent to do it on his behalf. It is preferable that he should be present at the place of jamarat to witness his agent in action, if possible.

If the agent is performing rami on his behalf at a time when there is no hope of recovery, yet the pilgrim subsequently recovers, he should, as a matter of precaution, perform rami in person. However, if he is not able to hire an agent because of ill health, his guardian or any other person can perform rami on his behalf.

Rule 437: Failure to perform rami does not invalidate Hajj, even if it was deliberate. However, it is obligatory to perform it qadha in person or by an agent in the following year, as a matter of precaution.

Persons prevented from performing Hajj

Rule 438: By “the pilgrim who has been turned away from getting to the holy places”, (almasdood) we mean the one who, after assuming a state of ihram, receives such a treatment at the hands of the enemy, or due to any other force majeure, resulting in the pilgrim not able to perform Hajj or Umrah.

Rule 439: Should this happen in Umrah Mufradah, and the pilgrim was accompanying his hady, he could undo his ihram after slaughtering the hady at the place where he was prevented from proceeding to the holy places. If he wanted to undo his ihram, yet he was not in possession of hady, he should obtain an animal and sacrifice it, as a matter of precaution.

He should, as a matter of precaution, too perform taqseer or shaving. This also applies to the pilgrim, in Umrat-ut-Tamatu', who was prevented from performing Hajj. However, if he was prevented from getting to the Ka'ba before the two wuqufs, in particular, his obligation could turn into Hajj-ul-Ifraad.

Rule 440: A Pilgrim, performing Hajj-ut-Tamatu', could be prevented from holding the two wuqufs or, in particular, the one at Muzdalifah. He should, as a matter of precaution, perform tawaf and sa'y, then shave his head and sacrifice a sheep to end his state of ihram.

If he was prevented from tawaf and sa'y after the two wuqufs, the ceremonies at Mina, and was unable to hire an agent, he must offer the hady at the place where he was turned away.

If it is possible to hire an agent, he must, as a matter of precaution, do both, i.e. offer the hady and hire an agent to complete the ceremonies on his behalf.

If a person was prevented, especially from the ceremonies at Mina without affecting his entry into Makkah, he must, where possible, hire an agent to perform rami and offer the hady on his behalf. He can then have his head shaven or perform taqseer and, if possible, send his hair to Mina. Only then, can he come out of ihram, and perform the remaining rituals.

If it was not possible for him to hire an agent, he could be relieved from offering the hady; instead, he must fast, have his head shaven or perform taqseer. He can then proceed to Makkah to complete the ceremonies. All prohibitions observed in a state of ihram, including those regarding intimacy with his wife, shall be lifted. His Hajj will be valid.

Rule 441: By offering the sacrifice, a person prevented from performing Hajj or Umrah is not relieved of his obligation to perform them. If the intention was to perform Hijjatul Islam, and he was turned away, then ended his ihram by offering the hady, he remains liable to discharge this obligation. It is obligatory on him to perform it afresh, so long as he can afford it.

Rule 442: If he was prevented from returning to Mina to spend the night there and perform rami, this shall not detract from his Hajj. The rules governing the pilgrim who is turned away do not apply in this case.

However, he must hire an agent to perform rami on his behalf in that year. Should this not be possible, it must be carried out in the following year, either in person, if he was present there and then, or by his agent, as a matter of preferred precaution.

Rule 443: Insofar as the hady is concerned, there is no difference whether it is a camel, a cow, or a sheep. If the pilgrim is unable to offer the sacrifice, he should, as a matter of precaution, fast for ten days instead.

Rule 444: If the pilgrim, in a state of ihram, does have sex with his wife before the wuquf at Muzdalifah, he must complete the remaining ceremonies and repeat the Hajj as mentioned earlier.

However, if he is prevented from completing the ceremonies, the rules relating to the prevented (almasdood) pilgrim would apply to him. Nevertheless, he should bear a kaffarah for having sex in addition to sacrificing the animal for hady.

Persons prevented from completeing hajj due to sickness and the like

Rule 445: By “almahsoor” we mean any person who is prevented by sickness, or the like, from getting to the holy places, after he has entered into a state of ihram.

Rule 446: If such a thing happens to a pilgrim intending to perform Umrat-ul-Mufradah or Umrat-ut-Tamatu' , and who wishes to come out of his ihram, his obligation is to despatch an animal or its price to Makkah and seek a promise from his companion to offer the hady there at an appointed time. At the appointed time, he must shave or perform taqseer. Only then can he come out of his ihram.

Should this not be possible, he is permitted to offer the hady where he is, whereby he can be acquitted of his obligation. If the eventuality arises during Hajj, the rules stated above will apply. However, the place of sacrifice is Mina and the time is Eid day.

In all the above-mentioned cases, the pilgrim in question is relieved of his obligations, barring intimacy with his wife. However, in both Hajj and Umrah, only after he has completed tawaf and sa'y can he be absolved of the responsibility.

Rule 447: During Umrah, the pilgrim may become sick. Accordingly, he dispatches an animal for sacrifice. He then recovers, so much so that he is now able to continue with his journey to Makkah and arrives there before the animal is offered. In such a case, he must sacrifice it himself.

Assuming that it was Umrat-ul-Mufradah, his obligation is only to complete it. If it was Umrat-ut-Tamatu' and he was able to complete its ceremonies before the zawaal of the day of Arafat, he should do so; otherwise, his Hajj should evidently switch to Hajj-ul-Ifraad. The same rule applies, if he had not dispatched an animal for sacrifice, waited till recovery, and was able to continue the journey.

Rule 448: If the pilgrim falls sick and sends the hady, then he recovers that he feels he could perform pilgrimage, he should join in the ceremonies. If he fulfils the requirements of the two wuqufs or, in particular, the one at Muzdalifah, he will have performed the Hajj, as stated above. He should complete the ceremonies and offer the hady.

However, if he fails to get there and no one offered the hady for him, his Hajj will turn into Umrat-ul-Mufradah. However, if some one did the job for him, he will be relieved from the restrictions imposed while in a state of ihram, except for intimacy with his wife. It is obligatory on him to perform tawaf and sa'y, in Hajj or Umrah, to resume sexual relationship with his wife.

Rule 449: If a person is prevented from performing tawaf and sa'y because of illness or the like, he can hire an agent to perform them on his behalf. However, he must say tawaf prayer when the agent has completed the tawaf.

If he was prevented from proceeding to Mina and performing its ceremonies, he must deputize somebody to perform rami and offer hady. Then he must shave his head or do taqseer and send his hair to Mina, if possible. He should then complete the other rituals.

Rule 450: If the pilgrim is prevented from performing pilgrimage, then dispatches the hady, but before reaching the appointed place, he complained of headache, it is permissible for him to shave his head. If he does so, he must sacrifice a sheep at the place, fast for three days, or feed six poor persons with two muds of food each [equivalent to one and a half kilos].

Rule 451: By offering the sacrifice, the pilgrim in question can only be spared the prohibitions of ihram, but not relieved of his obligation to performing Hijjatul Islam. He must repeat it in the following year, so long as he remained solvent and obligated to perform it.

Rule 452: If the pilgrim in question does not offer the hady, nor has he the money to pay for it, he must observe fast for ten days.

Rule 453: The pilgrim, in a state of ihram, may find himself in a position where he is unable to continue his journey to the holy places to perform the ceremonies of Umrah or Hajj, for reasons other than those stated above.

If he is in Umrat-ul-Mufradah, he should, as a matter of precaution, offer the hady, and shave his head or do taqseer where he is; only then can he be relieved of the state of ihram he was in. The same rule applies to Umrat-ut-Tamatu'. Otherwise, his obligation should apparently change to Hajj-ul-Ifraad.

However, if in the course of the Hajj, he was unable to hold the wuqufs at Arafat and Muzdalifah, and especially the one at Muzdalifah, he could be relieved of his ihram by way of Umrat-ul-Mufradah.

Rule 454: A group of jurists make a special provision in the case of the pilgrim who does not bring the hady with him, vowing at the time of wearing ihram to the effect that Allah relieves him at the place where he has been prevented from getting to the holy places by an enemy, illness, or any force majeure.

They are of the opinion that, having made this vow, the pilgrim can be relieved of all the prohibitions of ihram, and that there is no need for him to offer the hady, shave, perform tawaf or sa'y, necessary to resume sexual union with his wife.

Although this opinion could be tolerated, yet one should, as a matter of precaution, observe the procedure for undoing one's ihram at the time when the obstruction arises, as discussed in the preceding Rules. Accordingly, such condition becomes redundant.

This concludes the obligations of Hajj. We can now turn to the code of conduct that would guide the pilgrim through carrying out that which is commendable to do and yield the reward from the Almighty. Scholars have covered this area in detail. So, we think that outlining some mustahab acts of worship, in the course of performing Hajj, in this work should suffice.