Alhassanain(p) Network for Heritage and Islamic Thought

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.

Miscellaneous issues

41. If one performed the Hajj as a rambler, or with someone else’s money, his Hajj qualifies. If he performed the Hajj with usurped money, his Hajj would be void, and he has committed a sin. However, if he obtained the two garments of ihraam, his clothing during the Tawaaf and Sa‘y, and the cost of the Had’y from legal money, his Hajj would be correct, although he has sinned in dealing with the usurped money and this Hajj would not be accepted from him.

42. It is not obligatory to attain the ability [i.e. become mostatee’] to go to Hajj by means of trading and saving. Also it is not obligatory to accept a gift [of a sum of money] from a donor to go to Hajj with, nor is it obligatory to accept to do a service or a job for a wage sufficient to go to Hajj, even if that service or job was befitting to his status. Of course, if he did one of those things and obtained a sum sufficient for the Hajj, the Hajj would be obligatory for him.

43. If one accepted to work in a group travelling to the Hajj, for a wage that would be sufficient for the Hajj such that he would be considered as able - mostatee’ - if his work does not contravene the execution of the rites of Hajj, it would be obligatory for him to perform the Hajj that year. However, if his work would contravene carrying out the rites of his Hajj, and for example he would not be able to observe the woquf in Arafaat and Mash‘ar, say, the Hajj would not be obligatory for him that year. Furthermore, it would not be obligatory for him to save the money to perform the Hajj next year. If the money remained in his possession until the following year, and it was sufficient for the Hajj, the Hajj would be obligatory for him.

44. If one agreed to do the Hajj by proxy [on behalf of someone else] for a fee, and with that fee he too was considered mostatee’ - able and liable to perform the Hajj, for example, the fee was sufficient for performing two rounds of Hajj, if the assignor does not specify the Hajj to be performed in the current year, then it would be obligatory for him to perform the Hajj on behalf of himself first, and perform the Hajj by proxy in the following year. If the Hajj by proxy was specified or dedicated to be for the current year, it would be obligatory for him to perform the Hajj by proxy first, and the obligation of the Hajj for him ceases to be valid, unless the fee [he earned] remained in his possession until the following year and was sufficient for the Hajj.

45. If one had some money but was not sure as to whether it was sufficient for the Hajj, because he was not sure of the cost of the Hajj, or he knew the cost of the Hajj but not sure of the amount he has, it would be obligatory for him to find out in each case.

46. If one had sufficient money for the Hajj, but the money was not within his access, if he was able to obtain the money - without unusual difficulty or harm - even by seeking others’ help etc. the Hajj would be obligatory for him. If however, he was not able to obtain his money in any way, the Hajj would not be obligatory for him so long as his access [to the money] was excused.

47. If one obtained a sum of money that was sufficient for the Hajj, but it was not in time for the Hajj, it is not obligatory for him to save for the following Hajj season, and it is permissible for him to use that money for his need, or give it to others, or give it as a gift to whoever he wished. If it remained in his possession until the next Hajj season, the Hajj would be obligatory for him.

48. If the money that was sufficient for the Hajj was lost, whether before the trip to Hajj, during it, or after it, this renders him not mostatee’, i.e. unable to perform the Hajj, and the Hajj is not obligatory upon him. If he regains that ability afterwards, he would then be liable to the Hajj.

49. If due to an oversight, one forgot that he had sufficient sum to go to Hajj, or due to an oversight one did not realise that he was liable to Hajj, and he did not notice his oversight until after the loss of the money or after the Hajj season, he would not be considered liable to Hajj if he was not negligent - moqassir - in his oversight. Of course if the sum remained in his possession until the following year, the Hajj would then be obligatory upon him.

50. If one performed the Hajj while he is not mostatee’ - i.e. not meeting all the preconditions required before being liable to perform the Hajj - this Hajj would not qualify for Hajjat-al-Islam. If at a later date he became mostatee’, he would still be liable to the Hajj. The same is applicable, if he was assigned to perform the Hajj on behalf of someone else.

51. If one did not believe that he meets the preconditions of the Hajj, i.e. he is mostatee’, and performed a mostahab Hajj with the intention of complying with his duties he is liable to, and then he discovered that he was actually mostatee’, this Hajj would be qualified as Hajjat-al-Islam. However, if the intention was specified to be mostahab only such that if the Hajj turned out to be obligatory to him he would not have performed it, then this Hajj would not qualify for Hajjat-al-Islam, and he would be obliged to the Hajj if he became mostatee’.

52. It is desirable - mostahab -for an individual who has performed the Hajjat-al-Islam to perform Hajj for the second, third, fourth time, and so on. It is also desirable for one to perform the Hajj on behalf of others voluntarily, or perform the tawaaf and its prayer on their behalf, whether they are alive or dead. Furthermore it is also desirable to perform the Hajj on behalf of the Ma‘soomeen alayhum-as-salam, an act that is very emphasised and extremely mostahab.

53. If a non-Shi’a embraced and followed the teachings of Ahl-ul-Bayt alayhum-as-salam and became a “Shi’a”, if he had performed the Hajj according to his madhhab (the teachings of his sect), even though it may not be correct according to ours, or if he had performed the Hajj according to our madhhab, even though it may not be according to his, that Hajj qualifies and he is not obliged to repeat the Hajj again. However, if he had performed the Hajj incorrectly; both according to his madhhab or according to ours, that Hajj would not qualify and he remains obliged to repeat.

Hajj by Grant

54. Just as one can meet the prerequisites for qualifying for the Hajj through his own possessions and wealth, those preconditions are also met by receiving a grant that is sufficient for the expenses of the Hajj. This is so regardless of the number of donors [of the grant], or whether the donor(s) arranged for the journey to and from, or forfeited the cost, or in any other way and arrangement. The recipient is considered - mostatee’ - able and liable to the Hajj, and it is obligatory for him to perform the Hajj in the same year and that would qualify for the Hajjat-at-Islam.

55. If performing the Hajj would not affect the means of living and sustenance of the recipient concerned, then he is obliged to perform the Hajj. Otherwise, if performing the Hajj would affect his means of living after he returns, like if he earned his year-long income during the Hajj season [in his hometown], and if he were to perform the Hajj he would have missed that opportunity [of earning for the year, he would therefore not be obliged to Hajj], since Return to Sufficiency is one of the preconditions of the Hajj.

56. If an individual granted another a sum that is sufficient for going to Hajj with, but he did not make it conditional to go to Hajj with, the recipient is not obliged to accept it, and thus he is not obliged to Hajj. However, if he accepted the sum, he would be obliged to Hajj since he became mostatee’.

57. If an individual granted another a sum that is sufficient for going to Hajj with, and made it conditional to go to Hajj with, or if he gave him the option of either going to Hajj or elsewhere, the recipient is obliged to accept and to Hajj, since with that [donation] he became mostatee’. Unless, however, in accepting the donation there is a difficulty or the recipient would find himself morally obliged to the donor, in which case it is not obligatory for him to accept.

58. If one became mostatee’ through grant or donation, and if he also owed money, if his going to Hajj would not hinder him from paying off his debt, or if it did the creditor would put up with the delay, it is obligatory for him to accept the offer [of the donation] and perform the Hajj. However, if his going to Hajj would hinder him from paying back his debt, or the creditor would not agree to the delay, then he would not be obliged to accept [the offer of donation] nor to Hajj.

59. If one donated a sum to a group so that one of them could go to Hajj, if one of that group rushed to him [to accept the grant] he would be obliged to the Hajj, but the rest would not. If no one rushed to him and they were all able to go to the Hajj - [with the exception of the financial ability] - they would all continue to be obliged to go to Hajj [until one of them opts to accept the offer, when this obligation would be annulled for the rest].

60. As a result of a donation, the recipient becomes liable to the Hajj, which he must discharge as a duty. Thus if an individual, whose responsibility [if he were mostatee’] is to perform the Tamattu‘ Hajj, was donated [the cost of] the Qiraan or Ifraad Hajj, he is not obliged to accept the offer. Similarly, if one, who had already performed the Hajjat-al- Islam, was offered a donation, he would not be obliged to accept the offer nor would he be obliged to the Hajj.

61. In the case of an individual who was obliged to perform the Hajj through, say, a vow and the like, but could not afford it, if he was offered a donation, he is obliged to accept it and he would be obliged to the Hajj, and through that he would discharge his duty. The same is applicable to an individual who became mostatee’ but did not perform the Hajj until he was unable to do so, if he was offered a donation.

62. If one lost the money that was donated to him to perform the Hajj, the obligation [of the Hajj] is annulled, regardless of whether the loss occurred before, during, or after the trip, unless he has enough money to complete the Hajj, provided the Return to Sufficiency aspect is taken into account. In this case, he is obliged to perform the Hajj and this will qualify as the Hajjat-al-Islam.

63. In the case of Hajj by Granted, the cost of the Had’y should also be borne for by the donor. If the donor did not pay for the cost of the Had’y, the recipient would not be considered liable to the Hajj, unless he can afford the cost, in which case he would be liable to the Hajj.

64. It is permissible for the donor to withdraw his offer if he does so before the recipient declares and assumes the ihraam. In that case the donor should cover the cost of the journey the recipient undertook until he is back in his hometown. If the recipient declared and assumed ihraam, as an obligatory precaution, the donor should not withdraw his offer.

65. In the case of the donor withdrawing his offer, if the recipient had enough [money] to continue the Hajj, he would be considered mostatee’, and he is obliged to continue the Hajj, and this would qualify for the Hajjat-al-Islam. If he did not have enough money to continue the Hajj, the obligation of the Hajj is annulled for him.

66. If the recipient performed the Hajj, and afterwards it became clear that the donated money was usurped, that Hajj would not qualify for him as Hajjat-al-Islam. It would be the right of the owner of the money to claim his money either from the donor or from the recipient. If the owner sought the money from the recipient, [and the latter paid him,] it would be the recipient’s right to refer to the donor [to recover the money he paid the owner]. Unless the recipient knew of the money being usurped, in which he has no right to refer to the donor.

67. If the recipient committed any of the ihraam’s forbidden acts that are liable to a kaffaarah, he should pay for the kaffaarah from his own money.

68. If one made a will, vow, etc. to donate a sum of money sufficient for the Hajj, and made it conditional for it to be used for the Hajj, if the money was given to the party concerned, it would be obligatory for that individual to accept and perform the Hajj. But if the usage of the money was not made conditional for the Hajj purpose, he would neither be obliged to accept [the offer] nor to the Hajj.

69. It is mostahab - desirable - for one to donate money to enable those who have not performed the Hajj to do so, in which case it would qualify Hajjat-al-Islam for them.

Permission of the husband

70. The permission of the husband is not a condition [required] for the wife to go to the obligatory Hajj. If the wife became mostatee’ she would be obliged to perform the Hajj, even if her husband does not give his consent, since the husband has no right to prevent her from Hajjat-al- Islam. However, in the case of the optional - mostahab - Hajj the permission of the husband is required, and he has the right to prevent her if it were to deny him the sexual rights, and if it were not, as a precaution, the same ruling applies.

71. If a woman was observing the divorce waiting period - if she was divorced a raj‘e (Return) divorce - the rulings concerning her with respect to the obligatory and the mostahab Hajj are the same as those of a wife in relation to her husband, since the woman in question is still governed by the rulings of a wife.

72. The obligation of the Hajj upon a woman is not conditional on her being with a mahram - a male from whom she does not wear Hijaab. Of course it is imperative that she travels with a trustworthy individual [group].

Hajj by Vow

73. The Hajj by Vow has prerequisites of: Adolescence, Mind, Freedom, etc. as mentioned in section of Vow in the Jurisprudence texts.

74. If one vowed to visit [the shrine of] Imam Hussain alayhis-salam every year on the day of Arafah, and then he became mostatee’ [in a particular year], his vow is waved in that year and he is obliged to perform the Hajj. This is applicable to any vow one may make before being mostatee’, and then afterwards becoming mostatee’, in cases when he would not be able to meet both requirements, i.e. perform the Hajj and meet the promise of the vow, the vow is waved and he is obliged to perform the Hajj.

75. If he was mostatee’ and made a vow that contravenes the Hajj, his vow is not established and he remains obliged to the Hajj.

76. If one vowed to perform Hajjat-al-Islam in a year, and became mostatee’ in that year too, or vice versa, i.e. he became mostatee’ and then he made that vow, in such a case one Hajj would qualify for him, declaring the niyyah “Hajjat-al-Islam that he vowed”.

Hajj by Proxy

77. The prerequisites of Hajj by Proxy are: Islam, Iman, Mind, Adolescence - as a precaution, and for the agent to have no obligation to Hajjat-al-Islam9 . The agency of a Kaafir is not valid, nor is the agency of a Muslim on behalf of a Kaafir. Similarly it would not be valid if the agent is insane, under aged, or if the agent is obliged to Hajjat-al-Islam, which has remained “established” in his responsibility10 .

78. It is imperative for the agent to know the rites of the Hajj and its rulings, even if with the help of a guide or teacher. It is also imperative that the agent is adherent to the teachings of Islam, and that the correctness and accuracy of his performance can be trusted, as a precaution, although relying on [the notion that the act of a mu’min is] “correct by default” is conceivable.

79. Hajj by proxy is correct whether it is done voluntarily, by hiring, by Jo‘aalah - reward [in exchange for doing something], etc.

80. If the mostatee’ was not able to perform the Hajj himself, he is obliged to do it by proxy, and if he could not do it by proxy, his obligation of the Hajj is annulled. However, if he remained to be liable and obliged to the Hajj until he died, it is obligatory [for his heirs] to perform it as qadha after his death.

81. If the mostatee’ who is not able to perform the Hajj himself failed to do it by proxy until he died, if he had remained to be liable and obliged to the Hajj [during his life] and he had left some assets behind, it is obligatory [for his heirs to arrange] for the Hajj to be performed as qadha, using his assets.

82. If it had become obligatory for an individual to perform the Hajj by proxy but he did not appoint an agent [to do so], if someone [else] offered to do it [the Hajj by proxy] for him voluntarily, that would qualify for him, although as a mostahab precaution he should appoint an agent [to do the Hajj by proxy] too.

83. He who was obliged for Hajj, and went to Hajj, declared and assumed the ihraam, and entered the precincts of the Haram, and then died before performing the rest of the rites of the Hajj, that would qualify for him as Hajjat-al-Islam, regardless of whether his obligation was the Tamattu‘, or the Qiraan, or the Ifraad. However, if he died before that, it would not qualify for him [as Hajjat-al-Islam], and it is imperative that it is performed as qadha for him. Although the qualification [of Hajjat-al- Islam] is conceivable if he died after [declaring and assuming] ihraam in general, whether or not he entered the limits of the Haram.

84. If one became mostatee’ for the Hajj, but ignored to do so, and he did not perform the Hajj until lost his ability for the Hajj, he is obliged to perform the Hajj even if he were to go there as a rambler. If he died before performing the Hajj, it is obligatory for it to be performed as qadha, using the inheritance he has left, unless someone voluntarily offers to perform the Hajj on his behalf, which would qualify for him.

85. If the deceased was liable and obliged to the Hajj, [but after his death] it was doubted as to whether or not he had - [at some stage] - performed the Hajj, it should be assumed that he had acted accordingly and had performed the Hajj.

86. By merely hiring someone to perform the Hajj on behalf of the deceased does not discharge the duty of the deceased nor of his heir. It is imperative that the Hajj is performed. If it became clear that the agent, due to a reason or the lack of it, had not performed the Hajj, it is binding that a second agent is hired. The fee should be taken from the initial inheritance if it were not possible to recover it from the first agent. If the heir or the trustee were negligent, they should forfeit the fee.

87. The Hajj by proxy on behalf of a baby, a distinguishing child, or an insane is valid. In fact in the case of an individual who suffers from periodical insanity, i.e. occasionally feeling sane, and he was liable to Hajj but did not perform the Hajj - even though he was able - until he died, it is imperative to perform the Hajj by proxy on his behalf after his death.

88. In the case of the obligatory Hajj, it is not permissible for an agent to represent two or more people [simultaneously], but it is imperative for an agent to stand-in for one person only [at any one time]. Unless the obligatory Hajj was [collectively] mandatory upon two or more people, like when two or more people vow to hire an agent [to perform] the Hajj, or if the Hajj was optional - mostahab - where it is permissible for one agent to represent two or more people [simultaneously].

89. It is permissible for two or more agents to perform the Hajj by proxy on behalf of one individual in the same year, regardless of whether the represented being alive or dead, or the agent being a volunteer or hired. This is applicable to the mostahab Hajj. It is also applicable to the obligatory Hajj, if it were multiple, and the represented individual was physically unable, or dead. Like he had vowed to perform two Hajj’s, or he had vowed one Hajj but he was also liable to Hajjat-al-Islam, or if one of the two Hajj’s was obligatory and the other mostahab.

90. The agent can, after completing the rites of the Hajj on behalf of the represented individual, perform the Mufradah Umrah, and the tawaaf around the House on his own behalf or on behalf of someone else.

91. It is not necessary for the agent to be male if the represented individual is a male. It is permissible for each of the man and woman to represent the other as agent. The agent performs the Hajj on behalf of the represented individual according to his/her own requirements and not according to those of the represented.

92. It is permissible to appoint the saroorah - i.e. the individual who has never performed Hajj before or wishes to perform the Hajj for the first time - whether male or female, to represent a male or a female individual. However, as a recommended precaution, one case should be avoided, which is the appointing of a female saroorah as an agent for a male saroorah.

93. If the deceased does not specifically stipulate that the Hajj [on his behalf] should be a ‘baladi’ one, i.e. the Hajj should start from his hometown, then it is permissible to arrange for a ‘miqaati’ Hajj, i.e. appoint an agent to start the Hajj from one of the miqaat’s. The hometown refers to the place where he normally resided, not where died, if different.

94. If the deceased had stated in his will that the Hajj to be performed on his behalf without specifying the fee, the fee should be a standard one. However, if he had specified an amount to be used for the purpose of the Hajj on his behalf, it would be imperative to act according to the request, if the amount is not more than one third [of the total inheritance] in the case of the mostahab Hajj. If it was more than a third, then the permission of the heir about the excess is conditional. If the deceased had specified a particular amount to be used for performing the Hajjat-al- Islam on his behalf, it is binding and obligatory for it to be executed, and the amount should be taken out of the total inheritance if it is not more than the minimum amount required to perform the Hajj. If it were, the excess should be taken from the third [of the total inheritance] without needing the permission of the heir.

95. If had stated in his will for a particular individual to perform the Hajj on his behalf, for a specified fee, the individual concerned is not bound by that will and he may ask for more [for a fee]. In that case another agent should be chosen to perform the Hajj. If the specified fee was more than the minimum amount required to perform the Hajj, the excess should be taken from the third [of the total inheritance] without needing the permission of the heir.

96. If the agent invalidated the Hajj, it is obligatory for him to perform its qadha in the following year.

97. It is not permissible for an agent to appoint another person as an agent unless he has authorised to either perform the Hajj by proxy himself or relegate it to another person, or [if he has] the specific permission of those concerned.

98. If the hire contract was general, in that it does not mention [whether] it is for him or another person [to perform the Hajj], it is required that the agent performs the Hajj, and thus it is not permitted for him to appoint someone else for the task.

99. The agent should act according to his Marje‘ Taqleed if he were a follower, or according to his ijtihad if he were a mujtahid, but not according to that of the person he is representing.

100. If the represented individual made it conditional that the agent acts according to the fatwa of the Marje‘ of himself [the represented], it is obligatory for the agent to act accordingly, unless [the performance of certain rites were] considered to be invalid according to his ijtihad or taqleed, in which case he should either refuse the offer, or act according to the ihtiyaat - precaution - that would be correct to both of them.

101. It is not permissible to appoint an agent who cannot say the talbiyah, or read [the Arabic texts] well, even by other’s help and dictation, unless it is for a mostahab Hajj.

102. It is permitted for one who entered [Makkah] during the months of Hajj for performing the Mufradah Umrah, to represent someone else for the Tamattu‘ Hajj after finishing his Umrah. He must declare and assume ihraam on behalf of the one he is representing from the miqaat designated for the country of the individual being represented.

103. It is not permitted to perform the Mufradah Umrah by proxy after performing the Tamattu‘ Umrah and before performing the Hajj. Also it is not permitted to do so willingly for himself, but if he did so out of ignorance, or in disobedience, that would not harm his Hajj if it does not interfere with the two woquf’s. The second [i.e. the Mufradah Umrah] would be considered as Tamattu‘ Umrah.

104. If one declared and assumed the ihraam for a mostahab Tamattu‘ Umrah, and after completing it, was appointed as an agent, it is not permissible for him to leave Makkah, nor to accept the agency.

105. It is mandatory for the agent to perform the task with the intention of representing the one who assigned him, even in the case of the Tawaaf al- Nisa’. The duty and responsibility of the individual being represented is not discharged unless the task is performed correctly and with the intention of doing so on behalf of the represented individual.

106. It is binding for the agent to act according to the conditions specified for him in terms of the type of Hajj, and its description, even in the particular route taken.

107. If the agent died after declaring and assuming the ihraam and entering the limits of the Haram, that qualifies for the individual being represented, and he does not need to perform another Hajj.

108. If the agent died after declaring and assuming the ihraam and entering the limits of the Haram, that qualifies for him and for the individual being represented, even if he had later departed the limits of the Haram. Similarly, if the agent died between [the times of] ihraam for the Umrah and the ihraam for the Hajj, that qualifies for him and the individual being represented.

109. If the agent died before [declaring and assuming] ihraam, or before entering the Haram with [him being in the state of] ihraam, they do not qualify for Hajj, taking into account some of the details of the case, although the validity is conceivable if he died after ihraam and before entering the Haram.

110. If one attained financial ability but without physical [ability] and he had no hope of recovering, it is obligatory for him to seek Hajj by proxy immediately.

111. If the excuse [or the reason preventing him from performing the Hajj] of the individual being represented was eliminated during the act of the agent or before starting the ihraam, if time was too tight, the agency is correct, and the performance of the agent qualifies for the one being represented. If, on the other hand, there was enough time, it is imperative on the individual being represented to perform the Hajj himself.

Proxy in some of the rites

112. In such cases as illness or absence, it is permissible to perform tawaaf, and sa‘y by proxy, if it was not possible for the individual to do so by being helped, or carried. The same is applicable for the prayer of the tawaaf and ram’y. As for ihraam, woquf, halq, and the mabeet in Mina, doing these rites by proxy is not acceptable.

113. If a woman would not be cleansed from her menses [in time] and it would not be possible to be left behind by her group, it would be permissible for her to seek an agent to do Tawaaf al-Nisa’ and Tawaaf al- Ziyaarah and their prayers on her behalf, and do the sa‘y herself.

PART 2 - The Types of Hajj

114. There are three categories of Hajj:

1. The Tamattu‘ Hajj,

2. The Qiraan Hajj,

3. The Ifraad Hajj.

115. The Tamattu‘ Hajj is obligatory upon any able - mostatee’ - adult whose hometown is at a distance of 16 Farsakh (88 km) or more from the Holy City of Makkah, from any direction. (Each Farsakh is about 5.5 km.)

116. The Qiraan and Ifraad Hajj are obligatory upon any able adult who lives at less than that distance (i.e. 88 km) from the Holy City of Makkah.

117. If one has not discharged his/her obligatory duty of the Tamattu‘ Hajj - also known as Hajjat-al-Islam, i.e. the first obligatory Hajj for those who live outside that distance, it is not sufficient for them to perform the Qiraan or the Ifraad Hajj.

118. An adult individual has the choice of performing any of these three types of Hajj, if the Hajj is a mostahab one, or if it is performed as a nadhr or vow without the type being specified, or if he has been entrusted to perform it, without specification as to which type to perform. However, the preferred choice in these cases is the Tamattu‘ Hajj.

119. If the adult individual was considered to have two hometowns, [i.e. permanently lived in two hometowns], one being outside the limit [of 88 km] and the other inside, he is obliged to perform [the Hajj] according to [where s/he spends] more time. So if he spent most of his time outside the limit, then he is obliged to perform the Tamattu‘ Hajj, otherwise the Qiraan or the Ifraad Hajj. In the case of him spending equal time between the two locations, he has the choice [of which Hajj to perform] even if he was mostatee’ to perform one rather than the other, and the preferred choice is to perform the Tamattu‘ Hajj.

A brief outline of the Tamattu‘ Hajj

120. The Tamattu‘ Hajj consists of Umrah and Hajj, and a brief outline of various stage of the Hajj is as follows:

Umrah

1- • The individual declares and assumes the state of ihraam from the miqaat to start the Umrah of the Hajj.

2- • He travels to the holy city of Makkah, and on arrival he goes to the Grand Mosque to perform the tawaaf around the Ka‘bah. The tawaaf consists of going round the Ka‘bah seven times.

3- • He then should perform the tawaaf prayers - of two rak‘ah - by Maqaam Ibrahim, or behind it.

4- • He should then go to perform the sa‘y - which is to go from the mount of Safa to the mount of Marwah, and back. The sa‘y is completed when all together seven laps have been covered between the mounts.

5- • At this stage one does not need to perform the Tawaaf an-Nisa.

6- • He then performs taqseer, which is the trimming of the hair or fingernails.

7- • After taqseer, the state of ihraam is lifted, and so too all restrictions and prohibitions imposed on the muhrim as a result of [being in] the state of ihraam.

Having performed and completed the Umrah, one must perform the Hajj:

Hajj

1- • The individual must declare and assume the state of ihraam in Makkah. It is preferable, or even recommended as a precaution, that this declaration is made on the day of Tarwiyah, the 8th day of Dhil-Hejjah, although it is permissible to delay this until later, such that he could ensure that he would be in [the location of] Arafaat in time for midday or noon time on the 9th day of Dhil- Hejjah.

2- • He should ensure that he is in Arafaat in time for midday, and that he must remain in Arafaat - woquf - from noontime to sunset.

3- • After [sunset], he should head for [the location of] Mash‘ar al- Haraam. He must observe the woquf (remain) in Mash‘ar al- Haraam between the times of Fajr and Sunrise.

4- • After sunrise he must head for [the location of] Mina in order to perform its three rituals, which are Ram’y (stoning of the obelisks representing Satan), Had’y (Sacrifice), and Halq (Shaving) the head (or taqseer where applicable).

5- • When he performs these rituals, it is preferable that the adult returns to Makkah on the same day, and if it was not possible, then he could go there on the following day.

6- • In Makkah, he must perform the Tawaaf of the Hajj, prays the two rak‘ah of the tawaaf by the Maqaam or behind it, perform the sa‘y as mentioned before, then performs Tawaaf an-Nisa’ or the Women Tawaaf, around the Ka‘bah seven times, and performs its two rak‘ah prayers.

7- • It is imperative that he goes back to Mina before sunset, or [if by the time of sunset, he was still busy performing the rites of Makkah he should go back to Mina] whenever he finishes his rites, even if one third of the night has passed, in order to perform the rest of the rituals there, which is mabeet, [or overnight stay], in Mina during the nights of Tashreeq, and Ram’y [or stoning of the Jamaraat - the three obelisks or monoliths representing the Satan], during the days of Tashreeq11 .

• Having completed all these, his Hajj is complete, and s/he has discharged his duty in respect of Tamattu‘ Hajj.

Tamattu‘ Hajj requirements

121. A number of conditions must be observed for the Tamattu‘ Hajj:

a) The niyyah or the intention when declaring and assuming ihraam at the miqaat, when he should intend to perform the Hajj seeking nearness to Allah Almighty.

b) To perform the Hajj and the Umrah in the months of the Hajj, which are Shawwal, Dhil-Qa‘dah, and Dhil-Hejjah.

c) That the Hajj and the Umrah occur in the same year.

d) Declaring and assuming ihraam of the Hajj - not the Umrah - from the holy city of Makkah, and it is preferable that this is made in the Grand Mosque - Masgid al-Haraam. If, due to any peculiar circumstances, it was not possible to do this from the holy city of Makkah, then he should do it from wherever is possible between Makkah and Arafaat. If, due to an oversight or not being conversant with the ruling, one declared the ihraam from elsewhere, and realised this oversight afterwards, it would be imperative for him to go back to Makkah and renew the ihraam from there. If it was not possible to do so, he must declare ihraam from where he is. However, if one deliberately declares and assumes ihraam from other than Makkah, his ihraam would be void, and it would be imperative for him to go back to Makkah and renew his ihraam from there, for otherwise his Hajj would be null and void.

e) The Umrah and Hajj12 must be performed as “one-by-one”, i.e. one may not hire two people to perform the Umrah and Hajj by proxy, in that one of them performs the Umrah and the other performs the Hajj. Likewise it is not permissible for one individual to volunteer to perform by proxy, the Umrah on behalf of a person, and the Hajj on behalf of another.

Ifraad Hajj Procedure

122. The second type of Hajj is the Ifraad Hajj, and the procedure for it is as follows:

• An adult declares and assumes ihraam from a miqaat, or from his house if it was closer to Makkah than the miqaat. • He should then go to Arafaat directly and observe the woquf from the midday of the 9th day of Dhil-Hejjah until sunset.

• After sunset he should head towards Mash‘ar al-Haraam and observe woquf during the period between Fajr and sunrise.

• After sunrise of the 10th day - the day of Eid - he should go to Mina to perform its rituals; which are Ram’y, the stoning, of the Jamaraat (the obelisks) and then Halq or taqseer - i.e. Shaving or trimming. No sacrifice is required.

• He should then go to Makkah on that day, or later, to perform the Hajj Tawaaf around the Ka‘bah seven times, then perform the two-rak‘ah prayers of the tawaaf by the Maqaam or behind it.

• He should then proceed to perform the sa‘y between Safa and Marwah seven times, • Followed by Tawaaf an-Nisa and its prayers.

• He should then perform the remaining rituals of Mina, the mabeet and Ram’y, which complete the Hajj.

• After this, he would also have to perform the Mufradah Umrah, where he should declare and assume ihraam from “adnal-hill”.13 He may perform this Umrah throughout the year, although as a precaution, he should do so as soon as possible.

123. If the Ifraad Hajj was a mostahab one, or was due to a vow to perform an Ifraad Hajj only without an Umrah, it is sufficient for him to perform the Hajj only, and he is not required to Mufradah Umrah.

124. The conditions for the validity of the Ifraad Hajj are three:

a) the declaration of the niyyah or intention at the time of the ihraam,

b) that it is performed during the months of Hajj,

c) to declare and assume the ihraam from the miqaat or from his house.

125. If one declares and assumes the ihraam with the intention of performing a mostahab Ifraad Hajj, it would not be valid for him to change his intention to perform the Mufradah Umrah in order to perform the Tamattu‘ Hajj on behalf of someone else.

Qiraan Hajj Procedure

126. The third category of Hajj is the Qiraan Hajj, and the procedure for it is as follows:

The procedure for the Qiraan Hajj is exactly the same as that for Ifraad, with the exception that in this case the person performing this Hajj must have the sacrificial animal accompany him at the time of ihraam, [and it should accompany him until the time of slaughter] whereas in the case of Ifraad he does not need to offer a sacrifice.

The person who performs this Hajj has the option of uttering the talbiyah, or marking the animal with a sign or a collar.