The Guide to Hajj Rites: The Rulings and Procedures of Hajj

The Guide to Hajj Rites: The Rulings and Procedures of Hajj0%

The Guide to Hajj Rites: The Rulings and Procedures of Hajj Author:
Translator: Z. Olyabek
Publisher: Fountain Books
Category: Jurisprudence Science
ISBN: 1-903323-11-8

The Guide to Hajj Rites: The Rulings and Procedures of Hajj

Author: Ayatullah Seyyed Muhammad Sadiq Shirazi
Translator: Z. Olyabek
Publisher: Fountain Books
Category:

ISBN: 1-903323-11-8
visits: 7261
Download: 2370

Comments:

The Guide to Hajj Rites: The Rulings and Procedures of Hajj
search inside book
  • Start
  • Previous
  • 44 /
  • Next
  • End
  •  
  • Download HTML
  • Download Word
  • Download PDF
  • visits: 7261 / Download: 2370
Size Size Size
The Guide to Hajj Rites: The Rulings and Procedures of Hajj

The Guide to Hajj Rites: The Rulings and Procedures of Hajj

Author:
Publisher: Fountain Books
ISBN: 1-903323-11-8
English

2. TAWAAF

296. The second rite of the Tamattu‘ Umrah is tawaaf, and the tawaaf is also compulsory in the Tamattu‘ Hajj, the Qiraan and Ifraad Hajj as well as the Ifraad Umrah that is also known as the Mufradah Umrah.

297. This tawaaf is a Rukn or a principal element, and therefore the Hajj or Umrah is invalidated if it is deliberately abandoned, contrary to the case of tawaaf al-Nisa’.

298. If one deliberately abandons the tawaaf, and as a result is not able to perform it before the woquf in Arafaat, his Umrah is thus invalidated and his Hajj is reverted to Ifraad. He must therefore keep his state of ihraam, and directly head to Arafaat. He should observe the woquf there and perform all the rites of the Hajj, as it will be given later InSha’Allah. He should then perform the Mufradah Umrah after finishing the Hajj.

299. The same ruling applies to the moqassir, one who was ignorant [of the ruling] due to negligence as the one who deliberately [abandoned to perform the tawaaf] as a precaution. As a priority precaution, the same also applies to the qaasir, one who did not know the rulings. However, this does not apply to the one who forgot to perform the tawaaf, for he should perform the tawaaf of the Umrah as soon as he remembers it, even if he remembered this after performing the Hajj rites, and when Dhil- Hejjah had ended. In that case he should also repeat the sa‘y, as a precaution. This is applicable if he was still in Makkah, but if he remembered that he had not performed the tawaaf after he had left the holy city, if he had arrived at his hometown, he should assign someone to perform the tawaaf on his behalf if it is practically difficult for him to go back to Makkah. If however, he had not arrived at his hometown, he should go back to Makkah to perform the tawaaf himself if it is not too difficult to go back. If it proved too difficult to do so, he should then appoint someone to do the tawaaf on his behalf, even the following year if necessary. Similarly, the sa‘y should be repeated, either by himself or, failing that, by proxy, as a precaution.

300. If one performed the tawaaf incorrectly, his Umrah is invalidated if it was for Umrah, or his Hajj is invalidated if he was performing the Hajj, regardless of whether he was moqassir as a precaution, or qaasir as a priority precaution.

301. If an ill or disable person cannot perform the tawaaf on his own, if he can seek help from others, say by leaning on them or being carried by them, then he is obliged to do so. If however, he was in a state that he could not even do so, then he should appoint an agent to do the tawaaf on his behalf.

302. If a woman experienced haydh - the monthly menstruation period, or nifaas - the blood due to postpartum or childbirth, it is obligatory for her to wait until the start time of the woquf in Arafaat. If she was taahir [i.e. the end of haydh or nifaas] before the designated time of the woquf, such that she could perform the tawaaf [and its two-rak‘ah prayer, the sa‘y and the taqseer] in time for the woquf in Arafaat, then she is obliged to do so. If she was not taahir before the Designated time of woquf, it is permissible for her to perform the sa‘y and the taqseer [only], so that she would cease to be in the state of ihraam of the Tamattu‘ Umrah. She should then declare and assume the ihraam of the Hajj. She must perform the tawaaf for the Tamattu‘ Umrah, and the two-rak‘ah prayer of the tawaaf once she is taahir [She should do them after performing the rites of Makkah, which are the two tawaafs and the sa‘y].

Alternatively, it is permissible for her to revert her Hajj [from the Tamattu‘ Umrah] to the Ifraad Hajj [without renewing her ihraam], go to Arafaat, while in the state of menses, and observe the woquf there, and after sunset head to Mash‘ar al-Haraam, and then from there she goes to Mina on the Day of Eid, and perform all the rites as described. After this [the completion of the Ifraad Hajj] she must perform the Mufradah Umrah, as will be described later InSha’Allah.

303. If a woman knows that she would not be taahir until the end of the day of Arafah, she must either declare and assume the state of ihraam for the Ifraad Hajj to begin with, or alternatively she must declare and assume the ihraam for the Tamattu‘ Umrah, perform the sa‘y and taqseer24 , thereby releasing herself from the ihraam, and starts the Hajj [by declaring and assuming the ihraam for the Hajj and proceed as normal]. She must perform, as qadha, the tawaaf of the Tamattu‘ Umrah, and its two-rak‘ah prayer after she is taahir.

Conditions and requirements of tawaaf

304. A number of conditions must be met in tawaaf:

1. Tahaarah from faeces and urine,

2. Tahaarah cleanliness of the body and clothing,

3. Circumcision (for male),

4. the covering of awrah

5. the legality of the clothing/garments

6. the niyyah or intention.

1. Cleanliness

305. It is conditional in tawaaf, that one is clean and taahir from faeces and urine, if the tawaaf is an obligatory one. If the tawaaf was mostahab, tahaarah from urine is not conditional. It is forbidden for one who is not taahir from faeces to enter Masgid al-Haraam - the Grand Mosque - and tawaaf can only be done in the Masgid al-Haraam, around the sacred Ka‘bah.

306. One who is not able to achieve tahaarah by washing with water, due to an illness and such likes, tahaarah by earth - tayammum - can replace the tahaarah by water. Thus, if one, due to a reason, could not wash after excretion, he must perform tayammum instead. With the exception of Janaabah, he is also required to perform wudhu if he could do the wudhu, otherwise he would need to do another tayammum instead of the wudhu, and then perform the tawaaf.

307. In the case of a woman experiencing Istihaadha - undue or lesser menses [this is compared with the normal monthly menses referred to as Haydh], if it is not possible for her to achieve tahaarah by washing with water, then it is sufficient for her to perform the emergency tahaarah - i.e. the tayammum - and by doing so her tawaaf is valid. Similarly, the same ruling applies to other cases such as those with difficulties in controlling their bowel/wind movement or urine, although it is a priority precaution to do the tawaaf himself, and then hire an agent to do so on his behalf.

308. If one performed the tawaaf, and afterwards remembered that he did not have tahaarah, if the tawaaf was obligatory, it is mandatory for him to seek tahaarah and repeat the tawaaf again.

309. If in the course of the tawaaf, one passes wind, urine, etc. [which annuls the wudhu, and any such occurrence is referred to as hadath] if he had not exceeded half of the tawaaf, then he must seek tahaarah [and/or wudhu] and repeat the tawaaf again from the beginning. If on the other hand, this occurred when he had exceeded half of the tawaaf, then he must seek tahaarah [and/or wudhu] and complete the tawaaf from where the hadath occurred. In this case, both the first and this latter part of tawaaf are valid.

310. If one had doubt between being in a state of tahaarah and the occurrence of hadath, regardless of whether this [doubt] was before, after or during the tawaaf, the same ruling applies as that of the daily obligatory prayers. If he had a doubt about the occurrence of the hadath after being sure of being in the state of tahaarah [e.g. wudhu], then he should assume being in the state of tahaarah, and his tawaaf is valid. If however, he doubted [being] in the state of tahaarah, after being sure about the occurrence of the hadath, then he must seek tahaarah and it is not valid for him to perform tawaaf without being in the state of tahaarah. On the other hand, if he doubted being in the state of tahaarah, and this doubt arose after the completion of the tawaaf, he should ignore the doubt, and his tawaaf is valid.

311. If in the course of performing the tawaaf one realised being in the state of Janaabah or going through the monthly menses, s/he must abort the tawaaf and leave the Masgid al-Haraam immediately.

2. Cleanliness of the body and clothing

312. It is obligatory upon anyone who wishes to perform the tawaaf to cleans and make taahir his body and clothing from anything nagis, except that which is disregarded for salaat, the daily obligatory prayers, such as a blood spot that is less than a coin, or the blood excreted from boils or sores.

It is [in fact] a mostahab precaution to clean and purify even the disregarded nagis thing that is permitted in salaat. If it proved too difficult to avoid [these latter ones], for example one could not avoid the boil or sore blood, then there is no objection to his tawaaf.

313. If one performed the tawaaf, and after finishing it he realised his body or clothing was nagis, his tawaaf is valid.

314. If in the course of performing the tawaaf one realised there is a nagis [thing] on his body or clothing, if he could remove it without disrupting, violating or contradicting the tawaaf [process] then he must do so, and continue his tawaaf after removing it. Similarly if he came into contact with a nagis thing while performing the tawaaf, he must remove it and continue his tawaaf.

315. If he was not able to remove the nagis thing from his body or clothing while doing the tawaaf, he must [stop the tawaaf] cleans the relevant part, and perform the tawaaf again if he had done less than threeand- a-half rounds of tawaaf, while if he had reached that stage [or more], he must resume his tawaaf from the point he stopped for tahaarah.

316. If he forgot that there was something nagis on his body or clothing, and performed the tawaaf with it, but remembered it after completing the tawaaf, his tawaaf is valid.

3. Circumcision

317. One of the requirements of tawaaf is circumcision - for the male, but not for the female [pilgrims]. It is a requirement for the male child to be circumcised too, if he is not so by birth, for the tawaaf is not valid without circumcision.

4. Covering of Awrah

318. Another requirement of tawaaf is the covering of the Awrah [which includes the private parts] as mentioned in the requirements of salaat. A tawaaf is not valid if it is done while one is bare, even if one was sure that there is no one who could see him.

5. Legality of the clothing

319. Legality of the clothing worn by the pilgrim is another requirement for the validity of tawaaf, i.e. it must not be usurped. If one performed tawaaf while wearing usurped clothing, his tawaaf is null and void.

6. Niyyah or intention

320. Another requirement of tawaaf is niyyah, that he declares the niyyah or intention to perform the tawaaf in compliance with the orders of Allah Almighty. He should state, “I perform the tawaaf around this House, seven rounds for the Tamattu‘ Umrah, seeking nearness to Allah Almighty”.

321. The above six requirements are applicable to all obligatory tawaaf of any kind, whether the tawaaf is for al-Ziyaarah or al-Nisa’ tawaaf, or for the Tamattu‘ Umrah or Hajj, or for the Ifraad or Qiraan Hajj, or for the Mufradah Umrah.

Obligations of Tawaaf

322. The obligations of tawaaf are:

1. to begin and end the tawaaf with the Hajar al-Aswad,

2. the House should be on the left hand side [of the Haajj],

3. Hijr Isma’el should be within the [circular route of] tawaaf,

4. to keep clear of the House,

5. [the circular route of] the tawaaf should be between the House and Maqaam Ibrahim, as a precaution, if it is not too much of a problem,

6. the number of rounds [of the tawaaf],

7. continuity,

1. To begin and end with Hajar al-Aswad

323. It is not correct to begin the tawaaf from other than Hajar al-Aswad nor is it to end it at other than the Hajar al-Aswad.

324. For establishing the correct beginning and ending with the Hajar al- Aswad, it is sufficient to be generally in line with it when beginning a cycle or ending one, and it is not necessary to be very precise about the first part of the body being in line with the first part of the Hajar.

325. If one stood in line with the Hajar al-Aswad, with the Hajar on his left hand side, and [began] the first cycle of the tawaaf, and went round the Ka‘bah until he reached the Hajar al-Aswad again, this round trip constitute as one cycle around the Ka‘bah, the like of which one must perform seven cycles in total, and it is not necessary for one to do more than that.

2. To make the House to be on his left hand side

326. The tawaaf would not be correct if one does not allow the Ka‘bah to be on his left hand side, if one does the opposite, i.e. to allow the Ka‘bah to be on his right hand side [when performing the tawaaf], his tawaaf would be null and void.25

327. It is sufficient for the House to be on his left in general, as accepted by common perception, and it is not necessary for him to watch the minarets [as an aid to keep in line], and slight deviation does not invalidate it [the tawaaf].

328. [In the process of the tawaaf,] if the House turned out to be on his right hand side, or he faced it, or if his back was to the House, even for one step - deliberately or by oversight - that step, or any more than that, would not be correct, and he is obliged to repeat the steps that were taken in the incorrect position or direction if it is possible for him to do so as necessary, and nothing prevents him from this attempt, and if something did prevent him, it would be preferable for him to do as much as he can. However, if due to overcrowding he was deviated slightly for one or two steps, such that his left shoulder was not in the direction of the House, it is unlikely that this would be objectionable.

3. Including Hijr Isma‘el

329. It is obligatory to include Hijr Isma‘el inside the [circular route of] tawaaf. Hijr Isma‘el is the burial place of the prophet Isma‘el, his mother Haajer, and a number of other prophets peace be upon them.

330. It is obligatory to make Hijr Isma’el on his left, for if one performed the tawaaf by going between it and the House, by making the House on his left and the Hijr on his right, that would invalidate his tawaaf and he must repeat that cycle only.

4. Keeping clear of the House

331. The tawaaf is not correct if it is done inside the House. However, if one performed the tawaaf on the wall of the Hijr or on the shadhrawaan of the Ka‘bah, which are the remaining section of the foundation of the old building after the new building was erected, the tawaaf would be correct. There is no objection if one touched the wall of the House or the Hijr with his [left] hand [in the process of the tawaaf].

332. If he performed part of the tawaaf incorrectly, he is obliged to amend and rectify the incorrect part, if he was not excused, say through ignorance by being moqassir, but if he was excused, say through ignorance by being qaasir, it would be preferable for him to do so.

5. Performing the tawaaf between the House and Maqaam Ibrahim

333. As a precaution, and without undue difficulty, one should not include Maqaam Ibrahim inside the circular route of the tawaaf, but leave the Maqaam on his right and the House on his left, and the tawaaf path in between, observing a distance from all sides [of the House], which is estimated to be around 30 feet approximately.

334. It is permitted to perform the tawaaf around the sacred Ka‘bah at a distance greater than 30 feet if it proved difficult to meet that requirement. It is also permitted to perform the tawaaf on the first floor of Masgid al-Haraam, or on the second floor (the roof level) of the Masgid if it was too difficult to do so on the ground floor, and the tawaaf around the Ka‘bah would be correct, like when there is a great mass of pilgrims performing the tawaaf.

6. The number of rounds [of the tawaaf]

335. It is obligatory that the number of cycles of the tawaaf around the sacred Ka‘bah is seven rounds, [beginning] from the Hajar al-Aswad and [ending] at the Hajar al-Aswad, nothing more or less.

336. If one adds to or deducts from the tawaaf at its beginning or during the course of the tawaaf, as a precaution the tawaaf would be invalidated in all respects.

337. If the addition was a small amount, before the start of the tawaaf, then there is no objection to it if it was in preparation for the tawaaf.

338. After completing the seven laps of the tawaaf, if by oversight there was an increase of less than one complete cycle around the Ka‘bah, it is mandatory to abort the extra cycle, but if this increase was one complete cycle or more, as a precaution, he should complete the tawaaf, i.e. by performing another six laps so that a tawaaf of seven laps is completed. The second tawaaf would be regarded as nafilah (extra). He should perform the prayer for the first tawaaf before the sa‘y, and perform the prayer for the second tawaaf after the sa‘y.

7. Continuity in tawaaf

339. Continuity is a requirement in the obligatory tawaaf, which means that one should perform the laps of the tawaaf continually and not to do anything between the tawaaf cycles that would contradict that continuity in the obligatory tawaaf. Continuity is not a requirement in the mostahab tawaaf.

340. If some rounds were missed or corrupted from the tawaaf, but he was still in the process of tawaaf, he should then complete the tawaaf by performing the required rounds. By doing so he would have satisfactorily completed the tawaaf, regardless of whether the corruption was deliberate or due to an oversight, or whether this was before reaching the halfway stage or after, or whether the tawaaf was obligatory or mostahab.

341. If some rounds were missed or corrupted from the tawaaf and he engaged in an act that contravened the continuity [of the tawaaf], if the tawaaf was an optional one, he should complete the tawaaf, and it is considered valid. If the tawaaf was obligatory, and the corruption was due to an oversight and not deliberate, if he had completed four rounds, on the basis of this [four rounds] he should perform the missed or corrupted round(s) as soon as he remembered this. If he had not done four rounds, he should restart the tawaaf again.

342. If he forgot to do some rounds of the tawaaf, and did not remember the failure until after leaving Makkah, and it is not possible for him to return [to Makkah], he should appoint someone to perform the missing rounds on his behalf if he had done at least four rounds of tawaaf, or the entire tawaaf if he had not done [four rounds].

343. If one doubted the [number of rounds of] tawaaf, his tawaaf is invalidated and should restart the tawaaf anew, regardless of whether the doubt

• arose by the Rukn or before,

• or [it was about being] six or seven rounds [have been accomplished],

• or five and six rounds or less than that,

• or whether there has been any addition or not.

As a precaution he must complete the tawaaf based on the minimum [number of rounds], and then restart the tawaaf.

If the tawaaf was an mostahab one - nafilah - he should complete the tawaaf based on the minimum [number of rounds] and he does not need to restart [the tawaaf].

344. If he doubted the number of rounds he had done after [finishing] the tawaaf, or if he doubted their correctness, and this doubt arose after he finished his tawaaf, he should ignore that doubt, assuming the correctness of his tawaaf. Similarly if at the end of the seventh round he doubted if this was the seventh or eighth round or more, the doubt is void, and his tawaaf is correct.

345. As far as the tawaaf is concerned, the ruling of uncertainty [concerning any aspects of tawaaf] is the same as that of doubt.26

346. In the case of doubt, it is permitted to confirm the number of rounds done by relying on two aspects; 1) testimony of two just witnesses, or 2) trust of a reliable and truthful individual, a single individual would be sufficient, with no distinction between the individual being a man, woman, or child, nor being a committed Muslim or not.

347. If he doubted [the number of rounds he has done] during the tawaaf, and then started a new tawaaf, and during the new tawaaf remembered the number of rounds of the first tawaaf, if the first tawaaf was complete, then he aborts the new one, and if it was incomplete, he should perform the necessary rounds to complete the tawaaf, and it is not necessary for him to complete the new tawaaf.

348. If while performing the payer of the tawaaf, he realized that he had not completed the tawaaf, he [should] abort his prayer, and complete his tawaaf, regardless of whether he had exceeded the halfway stage of the tawaaf or not, or whether he had started the prayer due to ignorance, oversight or forgetfulness. However, if he realized this after the prayer [of the tawaaf], he must complete the tawaaf, and as a precaution repeat the prayer [of the tawaaf].

349. If he started the sa‘y and then realized that he had not completed the tawaaf, he should abort the sa‘y and return to complete his tawaaf, even if the remainder of his tawaaf was more than half. He should repeat the prayer of the tawaaf as a precaution. He should then return to complete his sa‘y even if the remainder of his sa‘y was more than half. However, it is mostahab - recommended - for him to perform the tawaaf and sa‘y anew.

350. If during the tawaaf, it was time for the obligatory prayers, it is recommended for him to stop the tawaaf, even if he had not reached the halfway stage, perform the obligatory prayers, and then go back to complete the tawaaf.

3. Prayer of the tawaaf

351. The third rite of the Tamattu‘ Umrah is Salaat al-tawaaf or the tawaaf Prayer. The prayer should be performed by or behind Maqaam Ibrahim peace by upon him, which is a rock on which is the footprint of the prophet Ibrahim peace be upon him. The prayer can be performed behind the Maqaam up to the furthest point of the Mosque, as it is commonly accepted. The prayer is of two rak‘ah, just like the Fajr prayer, and one has the option of reading it silently or audibly. As a precaution the prayer should be performed after the tawaaf immediately, as accepted by common definition.

352. The performance of the prayer [of tawaaf] is to be by the Maqaam on either side, or behind it up to the furthest point of the Mosque, and if this was not possible, he could perform the prayer anywhere in Masgid al-Haraam he wished. This is for the case of obligatory tawaaf. However, in the case of an initially mostahab tawaaf, he has the option of performing prayer [of the tawaaf] anywhere in the Mosque he wished, in general, i.e. whether or not he is compelled, [e.g. due to overcrowding], although as a mostahab precaution he should do so only when compelled.

353. The nagis things that are disregarded for the obligatory prayers, are also ignored for the tawaaf prayer.

354. If one forgot to perform the prayer of the tawaaf, it is obligatory upon him to do so whenever he remembers it. It is not mandatory for him to perform the Sa ‘y again. This is applicable if he was still in Makkah. If however, he did not remember it until he left Makkah, he should perform it wherever he remembers, although it is recommended that he returns [to Makkah] to perform it by the Maqaam, if this does not constitute hardship for him. If the person dies before performing the prayer, it is obligatory upon his wali: oldest son/heir to perform it, just like all of his other prayers.

355. If one deliberately abandons the tawaaf prayer, the rest of the rites that he is liable to are correct, and remains liable to performing that prayer, like the one who had forgotten to do so.

356. It is permitted to perform the tawaaf prayer in congregation (Jamaa‘ah). If he wished to perform two tawaaf’s, he should perform the prayer after each tawaaf, and it is discouraged - makruh - to perform two tawaaf’s consecutively and then perform two prayers for the two tawaaf’s.

Some of the issues concerning women

357. If the monthly menstruation bleeding starts before performing the tawaaf prayer or during the tawaaf, if she had done completed four rounds or more she should abort the tawaaf and /or prayer and leave the Mosque immediately.

She could perform the rest of rites in terms of the sa‘y and taqseer if [these rites] were for the Umrah. She should wait until she is taahir in order to perform the rest of the tawaaf and prayer, starting with the tawaaf first. It is not necessary for her to repeat the sa‘y.

358. If the bleeding started after completing the fourth round, but she continued to perform the rites, if she is not taahir by the time of woquf [in Arafaat] on the 9th day of Dhil-Hejjah, it is recommended that she appoints someone to perform what she has missed in terms of the remainder of the tawaaf and its prayer before she leaves [Makkah] for woquf in Arafaat.

The woman concerned must perform the remainder of the tawaaf and its prayer after she is taahir.

359. If the bleeding starts after completing the tawaaf and before performing its prayer, she is liable to performing the prayer after she is taahir, and as a precaution, she should appoint someone to perform the prayer on her behalf.

360. If the bleeding starts before completing the fourth round, i.e. during the first, second, third, or fourth round, she must abort her tawaaf, and leave the House immediately. If she became taahir before the woquf in Arafaat, she must perform the entire tawaaf and its prayer, after being taahir. If she is not taahir by the time of the woquf, she has the choice between:

1) Revert her Hajj to Ifraad as mentioned previously, and proceed to Arafaat and [from there to] the Mash‘ar al-Haraam and perform all the rites of Mina and the rest of the rites of Makkah.

When she completes all the rites of Hajj, she should perform the Mufradah Umrah.

2) Alternatively it is also permissible for her to remain on the Tamattu‘ [Umrah] and proceed to perform the sa‘y and taqseer to be released from the state of ihraam, and then perform the tawaaf and its prayer after becoming taahir.

361. In cases of Istihaadha - undue or lesser menses, if a woman acts according to that that is obligatory for her to do for the obligatory prayers, she would be considered taahir [for the rites of Hajj].

4. Sa‘y

362. The fourth rite of the Tamattu‘ Umrah is the sa‘y, which is to walk seven laps between [the mounts of] Safa and Marwah, after performing the tawaaf prayer, and it is considered a rukn or a principal element, such that the Hajj would be void if deliberately abandoned.

363. It is permitted to delay the sa‘y to have some rest and cool off, but it is not permitted to delay it to the next day, although it is permitted to delay it until the evening.

364. There is no objection to separate between an obligatory tawaaf and sa‘y with a mostahab tawaaf.

365. If one failed to perform the sa‘y by forgetting it or due oversight, compulsion, or ignorance of the ruling, he must perform it whenever he remembers. If he had left the city of Makkah, as a precaution he should return to Makkah whenever he remembers the oversight, and perform the sa‘y himself if possible. If this proved too hard and difficult for him, he should appoint someone to perform the sa‘y on his behalf. One would not be released from his ihraam - even if it was breached - until it [the sa‘y] is completely performed by himself or by his agent.

366. It is not conditional in the sa‘y to attain tahaarah, say from janaabah or faeces/urine, nor from passing wind, and a woman who is experiencing menses may perform the sa‘y.

367. It is permitted to perform the sa‘y while riding an animal or a vehicle or on a wheelchair, or being carried by someone, although walking is the best [option].

368. It is recommended that the vehicle is medium in speed, from Safa to the first landmark27 - these days marked by green colour fluorescent light - he should brisk walk from the first landmark to the second- also marked by green colour fluorescent light. Brisk walking is not required for women. If he was riding an animal he should make his animal to brisk walk without annoying anyone, and then walk normally from the second landmark to Marwah. He should do the same on return.

The Obligations of Sa‘y

369. The following are mandatory in sa‘y

1. niyyah

2. starting the sa‘y from Safa,

3. finishing the sa‘y at Marwah

4. the number of rounds

5. the normal accepted route

6. facing the destination during each lap

7. legality of the animal used

8. the order of the sa‘y

1. Niyyah

370. [To declare] the niyyah for sa‘y is mandatory, and it must be [declared] at the start of the sa‘y with the intention of seeking nearness to Allah Almighty. It is preferable to verbally utter the niyyah as follows: “I perform the sa‘y between the Safa and the Marwah seven rounds for the Tamattu‘ Umrah seeking nearness to Allah Almighty”.

2. Starting the sa‘y from the Safa

371. It is mandatory to start the sa‘y from the Safa, and for this it is not mandatory to step on the rocks of the mount.

3. Finishing the sa‘y at the Marwah

372. It is mandatory to finish the sa‘y at Marwah, and for this it is not mandatory to touch one’s toes to the rocks of the mount of Marwah.

373. If he contradicted this and began [the sa‘y] at Marwah, even by oversight, his sa‘y is invalidated and as a precaution he should perform a new sa‘y.

4. The number of rounds

374. It is obligatory to cover the distance between the mounts of Safa and Marwah seven times with nothing more or less. Thus there will be four journeys from Safa to Marwah and three journeys from Marwah to Safa, all together seven rounds.

5. The normally accepted route

375. It is mandatory to go through the route that is normally accepted, thus if he deviated from the route by entering the Mosque and leaving it to re-enter the route of the sa‘y again, or if he left the route of the sa‘y to go to the shops and come back to the route of the sa‘y again, that [excursion] would not be accepted [as part of the sa‘y]. However, it is permissible to drink water from the designated areas en route.

376. There is no objection to performing the sa‘y on the first floor or the roof - the second floor - if one opted to do so.

6. Facing the destination

377. In the course of performing the sa‘y, it is mandatory to be facing the destination, and therefore if he was heading for the mount of Marwah he should be facing Marwah, and if he departed Marwah, heading for Safa, he should be facing Safa. It is not permitted to walk backwards or sideways. There is no objection, however, to turn the head to the left or right, or even to the back, so long as the body is in the direction of the journey of the sa‘y.

While standing, there is no objection to turning the whole body even if that constitute turning one’s back to the destination direction, similarly there is no objection if one deviated to the right when coming down from the Safa.

7. Animals or other things used must be legal

378. It is not permitted to perform the sa‘y on an animal that is usurped and such like. In fact this is applicable to clothing or slippers [worn by the person]. Furthermore, as a precaution, it is also not permitted to even carry anything that is usurped.

8. Order

379. The sa‘y must be performed after the tawaaf and its prayer. It is not permitted to wilfully bring forward the sa‘y before the tawaaf, neither in the Hajj nor in the Umrah. If one deliberately performed the sa‘y before the tawaaf for no reason, he must repeat it. However, if this was for a compelling concern, that should be sufficient.

This is also applicable if this was done due to an oversight, although it is recommended to repeat it. The same applies to one who is not conversant with ruling of the case.

380. Continuity is not a requirement for the rounds of sa‘y, in fact it is permitted for him to engage in prayers, or even eating and drinking for example, or stopping for a rest on either mountain, or in between, and then resuming the sa‘y.

381. If one started his sa‘y, and during the sa‘y he realized that his tawaaf was incomplete, if the incompleteness concerned the second half of the tawaaf, he should abort the sa‘y and go back to complete the tawaaf, and then return to complete the sa‘y from the point he stopped, if he had finished four laps [of the sa‘y]. The same applies if he had not finished four rounds of the sa‘y, although it is recommended to renew the sa‘y altogether. On the other hand, if the incompleteness of his tawaaf was more than half, he should also complete the tawaaf and then the sa‘y, even though it is recommended, as a mostahab precaution, to renew the tawaaf from the beginning and then renew the sa‘y too. In the case of repeating the tawaaf and the sa‘y without completing them, he may do so with the intention of discharging his duty; whether by completing the remaining ones, or repeating them altogether.

382. If after finishing the sa‘y he had a doubt about the number of sa‘y laps [he had done] or its requirements, he should ignore his doubt.

383. If one doubted the number of laps he had done in the course of the sa‘y, then if he was at Safa and was sure that he had done an even number of rounds but not sure as to whether he had done say four or six rounds, or if he was at Marwah and was sure that he had done an odd number of rounds but not sure as to whether he had done say three or five rounds, he should assume the minimum [number of rounds], and [go on to] complete his sa‘y, and it is valid.

384. If one doubted the number of rounds he had done in the course of the sa‘y, but contrary to the case above, in that he was at Safa and was sure that he had done an odd number of rounds, but not sure whether they were three or five, or he was at Marwah and was sure he had done an even number of rounds, but not sure whether they were four or six, his sa‘y is invalid and he must renew his sa‘y.

385. If he had a doubt either in Safa or Marwah as to whether he had done an odd or even number of rounds, or if in the middle of sa‘y route could not tell which direction he should go to - like when stopped for a rest for a while and he wanted to resume his sa‘y he forgot the direction of his journey - his sa‘y is invalidated and he must restart the sa‘y anew.

386. If after completing the sa‘y he was sure that he had missed one or more laps, it is sufficient for him to perform the lacking ones, and if he could not do so he should assign someone to do it for him by proxy.

5. Taqseer or Trimming

387. The fifth rite of the Tamattu‘ Umrah, which is its final obligation, is the taqseer or Trimming. The Trimming must be performed after completing the sa‘y, and by doing so one is released from the state and therefore restrictions of the ihraam, [this release is known in Arabic as Ihlaal].

388. The taqseer is accomplished by trimming some hair from the head or the beard (if applicable), or some of the finger or toenails. This may be performed anywhere and it is not necessary to be performed immediately. [Until the Haajj performs this rite, he would not be released from ihraam, and therefore the sooner he performs this rite the better.]

389. It is not permitted to shave the head in the Tamattu‘ Umrah, and if he does he must give a kaffaarah of a sheep. This is applicable, as a precaution, even if he did so due to an oversight or ignorance of the ruling. If one shaved part of his head he is not liable to the kaffaarah.

390. At the time of performing the taqseer one must state the niyyah which is, “I perform the taqseer for ihlaal from the ihraam of the Tamattu‘ Umrah seeking nearness to Allah Almighty”.

391. When one has performed the taqseer, everything that was prohibited for him as a result of the ihraam becomes permissible, even sexual intercourse with one’s spouse. It is not mandatory, nor is it a legal requirement, to perform Tawaaf al-Nisa’ in the Tamattu‘ Umrah, and thus [after taqseer] a wife becomes halaal for her husband and a husband becomes halaal for his wife, without the need for Tawaaf al-Nisa’28 .

392. One who fails to perform the taqseer until he declares and assumes ihraam for the Hajj, and headed for Arafaat, if this [failure] was due to an oversight or ignorance, his Tamattu‘ Umrah is correct, but he must give a kaffaarah of a sheep, as a precaution. If his failure was deliberate, his Tamattu‘ Umrah is invalidated and his Hajj is reverted to Ifraad, he thus must perform the rest of the rites in the order [required], and he should perform his Hajj in the following year.

393. If one deliberately engages in sexual intercourse before performing the taqseer, s/he is liable to kaffaarah.

394. If a pilgrim releases himself [from the ihraam] after performing the tawaaf prayer of his Tamattu‘ Umrah and before performing the taqseer, he is still not discharged from his ihraam, and his case is that of a muhrim who has committed some of the prohibited acts while in the state of ihraam.

Miscellaneous issues

395. After completing the rites of Tamattu‘ Umrah, the pilgrim must wait until the time for declaring and assuming the ihraam for the Hajj. It is recommended that he declares and assumes ihraam on the eighth day of Dhil-Hejjah, otherwise it would be obligatory to do so on the ninth in preparation for performing the rites of the Hajj.

396. It is permitted to leave the holy city of Makkah - after completing the Tamattu‘ Umrah and before the Hajj - for a long or short distance without ihraam, although it is makruh - discouraged - to do so. However, it is permitted for one to leave [Makkah] for the suburbs of Makkah and Mina, without it being makruh.