Alhassanain(p) Network for Heritage and Islamic Thought

The Rites of the Tamattu‘ Hajj

397. The rites of Hajj of TAMATTU’ are thirteen:

1. Ihraam.

2. Woquf or staying in Arafaat.

3. Woquf or staying in Mash‘ar.

4. Ram’y or stoning of Jamarat al-Aqabah in Mina.

5. Had’y or slaughter of the sacrifice in Mina.

6. Halq / taqseer or the shaving of the head or trimming its hair in Mina.

7. Tawaaf al-Ziyaarah.

8. Salaat al-tawaaf or the tawaaf prayer.

9. Sa‘y.

10. Tawaaf al-Nisa’.

11. Salaat Tawaaf al-Nisa’ or the tawaaf prayer.

12. Mabeet or staying over night in Mina.

13. Ram’y or stoning of the three Jamaraat.

1. Ihraam of the Tamattu‘ Hajj

398. The first of the Hajj rites is the ihraam, which is obligatory for the Tamattu‘ Hajj, and in fact it is a rukn - a principal element, and the Hajj is invalidated if deliberately abandoned.

399. The process of the ihraam is the same as that for the Umrah, as mentioned previously, with the exception of the niyyah and the place of [declaring and assuming] ihraam. The niyyah or intention is to state, “I declare and assume the ihraam for the TAMATTU' HAJJ seeking nearness to Allah Almighty”. As for the place of ihraam, one must do so in the holy city of Makkah.

400. The first time one can declare and assume the ihraam is after completing the rites of Umrah, and the time of [declaring] ihraam extends to the ninth day of Dhil-Hejjah, which is the day of woquf in Arafaat, when it becomes obligatory upon the pilgrim to declare and assume ihraam so that he can observe the woquf in time.

401. [The pilgrim] declares and assumes the state of ihraam for the Tamattu‘ Hajj from the holy city of Makkah, and it is preferable to do so from Masgid al-Haraam, preferably from Hijr Isma’el or Maqaam Ibrahim peace be upon them. He should wear the two garments of ihraam, and then declares the niyyah of ihraam for the Hajj as mentioned previously, and then utters the talbiyah as previously mentioned. [Case # 166].

402. If one forgot to declare and assume the ihraam from the holy city of Makkah, and he left Makkah on the eighth day for Mina or Arafaat, and then remembered the oversight, it is obligatory for him to return to Makkah to declare and assume the ihraam there. The same applies if he left Makkah without declaring and assuming ihraam due to not being conversant with the ruling of the case. He should return to Makkah to declare ihraam there, if possible.

403. He who is obliged to return to Makkah to declare and assume ihraam, if he is excused from doing so, or in doing so he would not be able to come back to Arafaat in time for the Designated (ikhtiari)29 woquf on the ninth day, which is from noon to sunset, he must declare and assume the ihraam from the spot remembered or realised this, and this would be sufficient for him.

404. If one did not remember his failure to declare and assume ihraam until after completing all of the rites, his Hajj is correct if this was due to oversight or ignorance.

405. If one deliberately failed to declare and assume ihraam until he missed the time for the two woquf’s, his Hajj is invalidated, and so too if one had not assumed ihraam, due to oversight or ignorance, and after being reminded he did not declare and assume ihraam when it was possible for him to do so.

2. Woquf in Arafaat

406. The second rite of the Hajj is Woquf in Arafaat. It is obligatory for the Haajj (pilgrim) to observe Woquf [being preset] in Arafaat, in that he is present there all the time from midday or noontime until sunset, [referred to as the Designated (ikhtiari) woquf]. This does not mean that he should stand on his feet.

407. It is obligatory to observe the Woquf in Arafaat itself, for it is not sufficient to observe the Woquf in Namirah, or other areas in the vicinity of Arafaat. Arafaat has known borders with clear visible signs stating “The Start of Arafaat” and “The End of Arafaat”, and therefore one may not breach those borders.

408. The rukn, or principal element of the woquf is the extent that can be called as woquf, which literally means “being present there”30 , and the time that exceeds the rukn is obligatory, and it is not permitted to abandon the excess time. BUT if one [deliberately] abandons the rukn - the basic woquf itself until time of the Designated woquf has lapsed, until sunset, his Hajj is invalidated, and neither the Emergency woquf [in Arafaat] nor that in Mash‘ar would be of any use to him.

409. The Emergency Woquf in Arafaat is from the time of sunset [on the ninth day] until the time of Fajr on the day of Eid [the tenth day].

410. If one forgets to observe the woquf in Arafaat [on time], it is obligatory for him to do so in the Designated time if it was possible, failing that, he should observe the Emergency woquf, and then observe the woquf in the Mash‘ar and his Hajj is valid.

411. As mentioned previously, it is obligatory [for the pilgrim] to observe the woquf in Arafaat [during the entire period] from midday noontime / midday until sunset. If, due to deliberate failure, one did not observe the woquf on time, [i.e. not from precisely noontime, but from later on], he has sinned but his Hajj is correct and he is not liable [to do or give] anything. However, if this was due to an oversight or another excuse, he has not sinned, and his Hajj is correct too.

412. If one did not observe the woquf in Arafaat up to the end of the required time, i.e. he deliberately left Arafaat before sunset, if he repented and returned before sunset, he is not liable to a kaffaarah, and if he does not repent and does not return, he is liable to a kaffaarah of a camel. If he could not afford a camel, he must fast 18 days continually with no interruption between those days. The fast can be in Makkah, en route back to his hometown or when at home.

413. If due to oversight one departed [Arafaat] before sunset and did not realise this during the time [before sunset] he is not liable to anything. If he realised the oversight before sunset, it is obligatory for him to return to Arafaat, and to remain there until sunset. If he dos not do so and does not return, he has sinned and the ruling of his case is similar to the one who deliberately left Arafaat. The ruling of the one who does so out of ignorance is the same as that who had forgotten, even if his ignorance being due to him being moqassir.

414. The Designated woquf for Arafaat - as mentioned before - is from midday to sunset, and the Emergency Woquf is from sunset to fajr. The latter is qualifying for anyone who forgot to observe the woquf in Arafaat, or was excused due to any other reason. However, in the case of the Emergency Woquf it is not obligatory to observe it completely and entirely31 as it is required in the case of the Designated woquf. The obligation in this [Emergency Woquf] is the extent that can be called as “being present there”. However, the Emergency Woquf is a substitute for the Designated woquf as far as the obligation of observing the entire period is concerned, if it was possible to do so. This is provided this would not detract him from [the woquf] in the Mash‘ar before sunrise.

415. If one observed the Emergency Woquf [in Arafaat], and it was not possible for him to observe the woquf in the Mash‘ar before sunrise, his Hajj is invalidated by deliberately failing to observe the woquf in the Mash‘ar. Therefore it is obligatory for him, if it was possible, to ensure that he observes the woquf in the Mash‘ar, by observing the Emergency woquf in Arafaat, and then come to the Mash‘ar. If that was not possible, he should limit [his woquf] to observing the woquf in the Mash‘ar [only], and [go on] to complete his Hajj. Similarly, if he missed observing the woquf in Arafaat completely due to forgetting, oversight or any other reason, and he did not remember it until after the elapse of the woquf time, but it was possible for him to observe the Woquf in the Mash‘ar in the Designated time, his woquf in the Mash‘ar is qualifying and his Hajj is valid.

416. The above ruling concerning the one who had forgotten applies to the qaasir ignorant, but as for the moqassir, the ruling in this case is inconclusive [i.e. no fatwa is given in the validity or invalidity of the Hajj].

417. If the judge or mufti of the non-Shi’a announced the day of Arafaat and the day of Eid, and one is not sure of the invalidity of the announcement, or if one was sure of the invalidity of the announcement but was confined to comply with that, then it is permissible for him to follow accordingly for the two woquf’s, and the Hajj is valid and he does not need to repeat.

3. Woquf in the Mash‘ar al-Haraam

418. The third rite of the Hajj is the Woquf in the Mash‘ar al-Haraam. Mash‘ar al-Haraam is also known as al-Muzdalafah and Juma‘, and it is located between Arafaat and Mina, and there are signs indicating its borders.

419. It is obligatory to observe the woquf in Mash‘ar al-Haraam after departing from Arafaat on the eve of the Eid, and as a precaution one should observe mabeet32 and at the break of Fajr one should declare the intention by stating, “Aqifu (I remain) in the Mash‘ar al-Haraam from the Fajr to Sunrise, for the Tamattu‘ Hajj seeking nearness to Allah.” If he departs from it [Mash‘ar al-Haraam] and went beyond the Mohassar valley before sunrise, he has sinned, and he should give a kaffaarah of a sheep as a precaution.

420. The entire woquf in the Mash‘ar is obligatory and what can be called as woquf or “being there” is a rukn (principal element of the woquf).

Thus he who completely abandons to observe it would invalidate his Hajj, and if he became insane or lost consciousness, or fell asleep, etc. after he observed what could be called as woquf, that would be sufficient to him in discharging his due in this respect. But if the above-mentioned scenarios happened to him during the entire period, as a precaution, his woquf is invalidated in certain cases, [but not always, the details of which are beyond the scope of this presentation].

421. The Woquf in the Mash‘ar is not meant to be standing on the feet, but it is sufficient for one to be there, regardless of whether he was sitting or standing, sleeping or awake, or walking or moving from one place to another.

422. It is permissible to depart Mash‘ar for Mina before the break of dawn for women, children, the elderly, and the sick for whom the congestion [of the day] would cause too much hardship for them. Also it is permitted to depart for those who have an urgent business to do.

423. If one does not manage to observe the woquf in the Mash‘ar during the designated time, it is sufficient for him to observe the woquf there, even for a short time, before noontime / midday [on the day of Eid].

424. There are three specific times for the woquf in Mash‘ar:

I. The Eve of the Eid, for one who is unable to observe woquf after the break of Fajr, as mentioned before.

II. Between the break of Fajr and sunrise.

III. Between sunrise and midday / noontime.

425. For each of the woquf’s in Arafaat and Mash‘ar there are two categories: the Designated (ikhtiari) and the Emergency. Depending on the success or failure of the pilgrim in observing the two woquf’s, and their respective categories, the following could arise:

I. The pilgrim observes both woquf’s in their Designated times, and there is no problem with his Hajj.

II. The pilgrim does not observe either of them at all, his Hajj is invalid, and thus he should perform the Mufradah Umrah with the ihraam he assumed for the Hajj.

III. The pilgrim observes the Designated Woquf in Arafaat and Emergency Woquf in the Mash‘ar, and his Hajj is valid. IV. The opposite of case # III (above), i.e. the pilgrim observes the Emergency Woquf in Arafaat and Designated Woquf in the Mash‘ar, and his Hajj is valid.

V. The pilgrim observes the Emergency Woquf in both [i.e. Arafaat and the Mash‘ar], and his Hajj is valid. VI. The pilgrim observes the Designated Woquf in Arafaat only, and his Hajj is valid.

VII. The pilgrim observes the Designated Woquf in Mash‘ar only, and his Hajj is valid.

VIII. The pilgrim observes the Emergency Woquf in Arafaat only, and his Hajj is invalid.

IX. The pilgrim observes the Emergency Woquf in Mash‘ar only, thus his Hajj is valid.

426. It is recommended that [while] in the Mash‘ar al-Haraam, one should collect the stones [required] for the Ram’y [or the stoning of the Jamaraat], and it is permissible to take more than that is required, and it is permissible for others to collect for him, and if he ran out of stones, he may collect stones from the valley of Mohassar or from Mina.

427. After the sunrise on the day of Eid, it is obligatory for the pilgrim to depart from Mash‘ar al-Haraam for Mina to perform its rites, which are the Ram’y [stoning], Had’y [sacrifice], and Halq [shaving], which are the fourth, fifth, and sixth rites of the Hajj.

4 - 6. Rites of Mina

4. Ram’y [stoning] of Jamarat-al-‘Aqabah

428. The fourth rite of Hajj is the Ram’y. When the pilgrim arrives in Mina he should first go to Jamarat-al-‘Aqabah, which is the first obelisk, also known as al- Jamarat-al-Kubra - The Greater Obelisk. The pilgrim should stone this obelisk with seven stones that he collected from the Mash‘ar, or from within the borders of the sacred Haram.

429. The time for the Ram’y [stoning] of the first obelisk is on the Day of Eid, from sunrise to sunset. The Ram’y is the first of the rites of Mina, and thus it is not permissible, as a precaution, to bring forward any of the other rites, namely the Had’y and the halq.

Obligations of the Ram’y

430. A number of issues are obligatory in Ram’y:

I. niyyah or intention,

II. number [of stoning],

III. hitting of the Jamara,

IV. sequence of stoning,

V. Ram’y during the day.

1. Niyyah

431. [Declaring] the niyyah or intention is mandatory in Ram’y, and it should be declared at the time of the first throw, and continue to be the same to the last one. It is preferable for the Haajj (pilgrim) to utter niyyah by saying, "Armi (I stone) Jamarat-al-‘Aqabah seven times seeking nearness to Allah Almighty".

2. The Number of Stoning

432. It is obligatory that the Ram’y consists of throwing seven stones, and therefore if they were less than that, it would not be qualifying, and he must ensure to make up for the missing ones. On the other hand, if one threw more than seven, [doing so] as a precaution, then there is no objection to that.

3. Hitting the Jamara

433. It is obligatory in the Ram’y, that the Jamara, or its location, is hit with every one of the seven stones in that Ram’y. If one [of the stones] went astray, it is mandatory to attempt another throw so that it hits the Jamara. [The stones] reaching [the Jamara, as opposed to hitting it] is not sufficient, nor is placing the stones on the target, [as opposed to throwing them].

434. If one threw the stone at the Jamara, and it hit something en route, but it still hit the Jamara, then there is no objection to that, and it counts [as one hit]. Unless the stone bounced off something that is solid such as another stone, and eventually hit the Jamara, in this case this does not qualify [as a hit], as a precaution.

435. If during the process of the Ram’y, the Raami [the person performing the Ram’y - throwing the stones] doubted whether the stone(s) hit the Jamara, he should assume not and throw others instead.

436. If after completing the Ram’y he doubted whether he had hit the Jamara or not, he should ignore his doubt, regardless of his doubt being about the number of hits or any other obligatory aspect of the Ram’y.

437. It is permissible in general to perform the Ram’y from the upper level, instead of the ground level, whether out of choice or due to compulsion. Also it is permissible to hit the extensions of the column of the Jamara, longitudinally or latitudinally.

4. Sequential order

438. It is mandatory that the Ram’y is done in sequential order, i.e. to throw the seven stones one-by-one each hitting [the Jamara]. It would not be acceptable if one threw the seven stones all at once, even if all seven hit [the target]. Similarly it would not be acceptable if one threw two or more stones at a time.

439. It is not mandatory to throw the stone with the right hand, and one is permitted to do so with the left hand, even by choice. Although throwing by the right hand is preferred.

5. To perform the Ram’y during the day

440. It is obligatory to perform the Ram’y during the daylight, i.e. from sunrise to sunset. However, if one cannot observe the Designated woquf in Mash‘ar al-Haraam, and observed the Emergency woquf during the night, and entered Mina, it is permissible for him to perform the Ram’y during the night, like the women, children, the elderly, and the sick.

441. If due to an excuse one performed the Ram’y during the night, but during the day his excuse was no more, he is not obliged to repeat the Ram’y, although as a precaution it is [recommended to do so].

Some of the Conditions of the Ram’y

442. [When collecting the stones, one should consider] some of the conditions of the stones collected for the Ram’y:

• the stones should be virgin, i.e. they should not have been used for Ram’y previously,

• they should be of an average size, neither too big nor too small, but the size of a finger segment,

• they should be stones or pebbles but not clay or dried mud,

• it is not necessary for them to be taahir,

• they must be collected from the Haram district.

443. Continuity between the seven throws is not conditional, and one may have a slight rest in the process. However, if the time gap was long, he must, as a precaution, renew the Ram’y again. Similarly continuity is not conditional for the three Jamaraat, i.e. one can perform the Ram’y on the first in the morning, the second by midday, and the third before sunset. This latter case is applicable to the 11th and the 12th day, when one must perform the Ram’y on all three Jamaraat.

5. Had’y or Sacrifice

444. The fifth rite of the Hajj is the Had’y, which is the slaughter of the animal that takes place after performing the Ram’y.

445. For the Had’y it is obligatory to offer one animal, and it is recommended to offer more, without limit. The Had’y is obligatory in the Tamattu‘ Hajj, even if the Hajj was a mostahab one, and even, as a precaution, if one was from the people of Makkah. As for the qaarin, the one performing the Qiraan Hajj, the Had’y is also obligatory as he brings the Had’y with him. The exception is the Ifraad Hajj where a had’y is not required.

446. If an animal is not available for slaughter or the Haajj (pilgrim) cannot find an animal, even though he has the money to cover the cost, and he decided to go back home, he must leave the money with someone he trusts to buy and slaughter the animal on his behalf, during the month of Dhil-Hejjah. If he could not do so in that year, he must do so in the following year in the month of Dhil-Hejjah.

447. One Had’y must be offered by one person only, thus it is not permitted for two or more individuals to share one Had’y, under normal circumstances. If there is a necessity [to share one had’y], as a precaution, [the individuals] should offer both the Had’y [the shared one] as well as each fasting [ten days]33 . This is applicable to the obligatory Hajj, however, in the case of mostahab Hajj; it is permissible to share one Had’y.

448. If one bought a Had’y and then lost it, he must buy a second one, but if he found the lost one, he must slaughter the one he had lost, and, as a precaution, it is recommended that he should also slaughter the second one too. If he slaughtered the second one before finding the one he had lost, it is preferred, but in fact obligatory as a precaution, to it too.

Obligations of the Had’y

449. The obligations of the Had’y are:

I. The niyyah

II. That it is a cattle

III. That it is of a certain age

IV. That it is of sound creation - without any defects of missing limbs

V. That the slaughter is carried out on the day of Eid

VI. That the slaughter takes place in Mina

VII. To observe the order, as a precaution

VIII. That it is not taken outside the [limits] of the Haram

1. The niyyah

450. The niyyah is obligatory for the slaughter, and it is preferred to utter it by saying, “Adhbahu (I slaughter) the Had’y seeking nearness to Allah Almighty”.

451. If one does not carry out the slaughter himself, both he and the person carrying out the slaughter should utter the niyyah. If only he uttered the intention, and not the slaughterer, this is sufficient.

2. That it is a cattle

452. It is obligatory that the Had’y is a cattle, i.e. it is a camel, cow, sheep, and the goat is considered from [the category of] the sheep.

3. That it is of a certain age

453. The age of the Had’y is sufficient if it is called, [in each case] a camel, or a cow, or a sheep, or a goat, and it is not sufficient if it is of a young age such that, in each case, it is referred to as young weaning camel, or calf, or lamb, or kid. As a recommended precaution, • the camel must have completed five years and entered the age of six,

• the cow has completed two years of age,

• the sheep has completed seven months, although [it is better] to have completed one year of age and has entered the second,

• the goat has completed two years of age.

4. To be of complete creation

454. It is obligatory that the Had’y is of complete creation, and therefore it does not qualify if the animal is one-eyed, or lame, or too old, or of broken inner part of the horn34 , or of missing ears or any other limb, or castrated, or thin/skinny.

455. As a precaution, it is recommended that the Had’y is not hornless or earless by birth. However, it is permissible if the ear was pierced or slit, without anything missing from it. Similarly, [it is permissible] if the [animal’s] exterior [part of the] horn is broken, or if the sheep does not have a fat-tail by birth.

456. The conditions specified for the Had’y are applicable if these are possible, otherwise if it is not possible [to obtain a perfect match] but the imperfect, then that should be sufficient.

5. The slaughter should be on the day of Eid

457. It is obligatory that the slaughter [of the animal] takes place on the day of Eid, or during the daytime on the Days of Tashreeq, which are the 10th, 11th, and 12th of Dhil-Hejjah, and it is permissible to delay the slaughter beyond these days. However, if one delayed this due to an excuse or deliberately, he has until the end of Dhil-Hejjah to do so and that would be sufficient, although this delay constitutes a sin [for the one who deliberately delayed this rite].

6. The slaughter should take place in Mina

458. It is obligatory for the slaughter to take place in Mina, and it is not permissible to do so elsewhere. It is permissible to carry out the slaughter in the new slaughterhouses, which are said to be outside the limits of Mina, if there were any confinement, restriction, or difficulty, etc.

7. Observing the order as a precaution

459. In carrying out the slaughter of the Had’y it is obligatory to observe the order prescribed for it, as a precaution; that the slaughter should be done after the Ram’y and before the halq (the shaving or trimming of the hair). If one breached this order due to an oversight, ignorance, or forgetting it, or due to confinement or difficulty, then there is no objection to it.

8. Not to take it outside the Haram

460. It is obligatory that one does not take any meat of the sacrifice outside the Haram. However, if there is no use or consumption for it, it is permitted to take it outside. It is also permitted [to take it outside] if the Haajj (pilgrim) bought the [sacrificed] Had’y - that he had previously given it to a destitute.

Miscellaneous issues

461. If one slaughtered an animal assuming that it is well-nourished, but then it turned out to be skinny, this is satisfactory and he is not obliged to slaughter another one.

462. It is a recommended precaution for the Haajj (pilgrim) to eat from the slaughtered animal, and offers some of it to a Mu’min (a believer) - even if he is well off - or to his agent, and offer some other part of the slaughtered animal to a destitute believer or his agent. The amount of the gift and the charity should be one third of the slaughtered animal, and it is permissible to give [some] as charity to another Haajj (pilgrim) who is not well off.

463. If one could not find the perfect Had’y, but managed to find the imperfect one, he should give preference to it over fasting. If he could not find the Had’y and its cost, he must revert to fasting, if he is able to [fast]. If he could not find the Had’y only, but could afford its cost, he must deposit the cost with someone to buy the Had’y during Dhil-Hejjah, if he were not to stay until the end of Dhil-Hejjah. If the agent found a Had’y during the month of Dhil-Hejjah he should slaughter it, otherwise he should delay it until the following year. If by then he could not find it he should fast.

464. If one could not find the Had’y and could not afford its cost, he should fast ten days; three during Hajj [season], and seven days when he returns home. It is obligatory to fast the three days during Dhil-Hejjah. If he could not afford the Had’y, or its cost, or its alternative, i.e. the fast, he is not obliged to anything and nor is his heir / eldest son.

465. If one fasted three days and then found a Had’y during Dhil-Hejjah, then he is not obliged to offer the Had’y, although it is preferential to do so.

466. If one dies before sending a Had’y to Mina [for slaughter], and he was obliged to do so, his heirs must take the cost of the Had’y from what he has left behind to buy a Had’y for this purpose.

6. Halq or Taqseer (Shaving or Trimming)

467. The sixth rite of the Hajj is shaving or trimming on the day of Eid in Mina, and that must be done after the Ram’y and the Had’y. It is permitted to bring it forward before Had’y if there are grounds for confinement and hardship.

468. The halq consists of shaving the head entirely, and the taqseer is to trim some of the hair of the head or beard, or moustache, or trim some of the fingernails.

469. Using hair-cutting machine at fine scale qualifies for shaving.

470. A male [pilgrim] has the option between shaving or trimming, if the Hajj was his first, although shaving is preferred in general, especially on the first Hajj.

471. If one was an agent on behalf of someone else, the agent is obliged to the rulings that apply to himself, so for example, if the agent was on his second or more Hajj, he has the choice between shaving or trimming even if he was acting on behalf of someone for his first Hajj.

472. All of the above applies to male pilgrims, as for female pilgrims, they are obliged to trimming, and they are not obliged to shaving at all, and in fact it is forbidden for them to do so. They should trim some of their hair or clip their fingernails as mentioned previously for the Umrah. Nevertheless, it is permitted for women to perform the Ram’y on the Eve of the Eid, and then [followed by] the taqseer in Mina during the night, and then to go to Makkah to perform the two tawaaf’s and the sa‘y, on the Eve of the Eid, and it is not mandatory for them to wait until the daylight. Needless to say they are obliged to appoint an agent to slaughter the Had’y on the day of the Eid.

473. halq is waved for he who does not have hair on his head, and he is obliged to perform the taqseer or trimming, but as a recommended precaution, he should regardless apply the shaving razor or the fine hair cutting machine to his head too.

Obligations of the halq and taqseer

474. The obligations of the halq and taqseer are three:

I. to be in Mina

II. the niyyah

III. the order, as a precaution

1. Being in Mina

475. It is obligatory that the halq or taqseer is performed in Mina, and it is not permissible elsewhere.

476. If one left Mina without performing the halq or taqseer, whether deliberately, or due to an oversight or forgetting, it is mandatory for him to return to Mina to perform the halq or taqseer, if this was possible, otherwise he should do so where he is, and it is desirable to send his hair or fingernails to Mina to be buried or dropped there.

2. The niyyah

477. It is obligatory to have the niyyah or the intention for the halq or the taqseer, just like any other acts of worship or rite. For halq, he should say, “I perform the halq as part of the Hajj duty, seeking nearness to Allah Almighty.” In the case of trimming - taqseer - one should use the word taqseer instead of halq in the niyyah declaration.

3. Order

478. As a precaution, one should observe the order for the halq / taqseer, in that they should be performed after the [slaughter of the] Had’y. If one contravened that either deliberately or due to an oversight or ignorance, he is not obliged to anything. Although in the case of deliberate contravention, or that without an excuse, one should as an obligatory precaution, repeat it such that the order is maintained.

479. It is obligatory to observe the order of the halq / taqseer in that it should be executed before performing the Tawaaf al-Ziyaarah, which will be mentioned InSha’Allah. Thus if one performed the tawaaf before halq / taqseer, he should repeat [them in the correct order] even if his action was due to oversight.

Miscellaneous issues

480. If one completed the three rites of Mina; the Ram’y of Jamarat-al- Aqabah, the Had’y slaughter, and the halq / taqseer, all restrictions due to ihraam are lifted with the exception of [wearing] perfume and [contact with] women. Hunting is also forbidden for him, although this is not due to ihraam, but because of Makkah, as hunting in Makkah is prohibited. However, it is makruh - discouraged - for a man to cover his head or wear sewn clothing before performing Tawaaf al-Ziyaarah and its prayer.

481. If [the pilgrim] returned to Makkah and performed Tawaaf al- Ziyaarah and its two-rak‘ah prayer, and then performed the sa‘y between Safa and Marwah, then wearing perfume becomes permissible for him, although it is makruh - discouraged. Then if he performed Tawaaf al- Nisa’ and its two-rak‘ah prayer, women become permissible for him too [i.e. sexual contact with one’s spouse becomes permissible]. At that stage he is released from any restriction that was imposed on him due to ihraam. Hunting remains forbidden for him, not due to ihraam but because it is one of the prohibited acts of the Haram as mentioned earlier.

7. Tawaaf al-Ziyaarah

482. The seventh act of the Hajj is Tawaaf al-Ziyaarah also known as Tawaaf al-Hajj. After performing the rites of Mina, it is obligatory to return to the holy city of Makkah to perform the rest of the obligatory rites.

483. Tawaaf al-Ziyaarah is like the tawaaf in the Tamattu‘ Umrah, and its obligations are like those of the latter too, as well as the acts that are mostahab or makruh, or those acts that invalidate it. The only exception is the niyyah, which should be uttered as follows: “I perform tawaaf around this House seven rounds [for] Tawaaf al-Ziyaarah for the Tamattu‘ Hajj seeking nearness to Allah Almighty”.

8. The Prayer of Tawaaf al-Ziyaarah

484. The eighth rite of the Hajj is the Salaat or prayer of Tawaaf al- Ziyaarah. After completing Tawaaf al-Ziyaarah, it is obligatory to perform two-rak‘ah prayer of the tawaaf by Maqaam Ibrahim alayhissalam or behind it, as mentioned for the prayer of the Umrah tawaaf. The only exception is the niyyah, in which he should state; “I perform two rak‘ah of prayer of Tawaaf al-Ziyaarah, seeking nearness to Allah Almighty”.

9. Sa‘y between Safa and Marwah

485. The ninth rite of the Hajj is the sa‘y between Safa and Marwah, which is exactly like the sa‘y for the Tamattu‘ Umrah, with the exception of the niyyah, which should read, “I perform the sa‘y between the Safa and Marwah for the Tamattu‘ Hajj seeking nearness to Allah Almighty”.

486. Contrary to that of the Umrah, this sa‘y is not followed by taqseer.

10 - 11. Tawaaf al-Nisa’ and its prayer

487. The tenth and eleventh rites of the Hajj are Tawaaf al-Nisa’ and its prayer, which come after the sa‘y. Neither women are halaal for men, nor men are for women until after this tawaaf and its prayer [are performed].

488. Tawaaf al-Nisa’ and its prayer is just like Tawaaf al-Ziyaarah and its prayer, with the exception of the niyyah. He declares the niyyah for Tawaaf al-Nisa’ by stating, “I perform Tawaaf al-Nisa’ seven rounds seeking nearness to Allah Almighty”, and for its prayer, the niyyah is “I perform the two rak‘ah prayer of Tawaaf al-Nisa’ seeking nearness to Allah Almighty”.

489. The obligation of Tawaaf al-Nisa’ and its prayer is applicable to all regardless of their age or their state of mind, etc. It is obligatory upon everyone whether the [pilgrim] is young or old, adolescent or under age, even if the child is so young that he does not distinguish the good and bad, etc. or whether the pilgrim is sane or insane, whose guardian declared the ihraam for him, and the free or slave, who declared ihraam with the permission of his master.

490. The distinguishing child [should] perform the tawaaf himself as well as its prayer, but in the case of the non-distinguishing child, his guardian should perform the tawaaf and its prayer on his behalf. If the distinguishing child, or the guardian of the non-distinguishing child failed to perform Tawaaf al-Nisa’, [in each case] the child shall remain in his state of ihraam, thus women35 are not halaal to him until he performs the tawaaf himself, or seek an agent to do so after [the child reaches] the age of adolescence, and it is permissible for the guardian to seek an agent before [the child reaches] the age of adolescence.

491. If one ignored Tawaaf al-Nisa’ either by forgetting about it or due to an oversight, but instead performed Tawaaf al-Widaa’ - the Farewell tawaaf, due to a misunderstanding in doing so, this should qualify, even though, as a precaution, [he should] repeat it or get someone to do it [repeat Tawaaf al-Nisa’] on his behalf.

492. If he does not come to Makkah on the tenth day after completing the rites of Mina [for that day], he should come to Makkah the following day or the day after to perform what he is liable to in terms of the rites of Makkah. As a mostahab precaution, he should come back to Makkah for the tawaaf and its prayer before midday on the 13th, even though it is permissible to delay this until the end of the month of Dhil-Hejjah.

493. After completing the rites of Makkah, which are

• Tawaaf al-Ziyaarah and its prayer,

• Sa‘y between the Safa and Marwah,

• Tawaaf al-Nisa’ and its prayer,

If he performed them on the day of Eid, or the following day, he must go back to Mina to complete the rest of the rites of Mina, and to observe the mabeet there as mentioned in the following section InSha’Allah.

Miscellaneous issues

494. It is not permissible to voluntary perform Tawaaf al-Ziyaarah and its sa‘y prior to the two Woquf’s in Arafaat and Mash‘ar, and the rites of Mina. It is permissible under exceptional circumstances, but if one voluntarily performed the tawaaf and the sa‘y, they would be null and void.

495. If one is compelled to bring forward the tawaaf and the sa‘y, then it is permissible to do so. For example if a woman knew that her menses would start after the rites of Mina, and it would not be possible for her to remain until she is cleansed, as her tour party would not wait for her, then it is permissible for her to perform the tawaaf prior to the two woquf’s. The same is applicable to a woman [who is experiencing] postpartum, as well as the sick and the elderly, etc. who may not be able to perform the tawaaf after completing the rites in Mina due to overcrowding. It is therefore permissible for them all to perform the tawaaf prior to the two woquf’s and the rites of Mina.

496. If the above excused were able to perform the tawaaf after their return from Mina, they should repeat the tawaaf and the sa‘y as it is a precaution and a priority for them.

12. Mabeet in Mina

497. The twelfth rite of the Hajj is the mabeet [stay] in Mina, for it is obligatory on the eve of the 11th and 12th, and on certain occasions on the eve of the 13th too.

498. It is obligatory to observe the mabeet on the eve of the 13th if the sun of the 12th day set while he had not left Mina, or if he did not abstain from women36 or hunting. However, if one had abstained from women and hunting, or the sun did not set while he was in Mina, it is permitted for him to leave Mina, after midday / noontime on the 12th [of Dhil- Hejjah]. If one deliberately leaves Mina before midday of the 12th, he has sinned and must return before noontime if possible. In the case of forgetting or oversight, there is no liability.

499. If the sun set on the 12th day while he was in Mina or had not left its limits, even if he was getting ready to leave, or even if he was travelling in a car but still within the limits of Mina, it is obligatory for him to observe the mabeet on the eve of the 13th, as well as performing the Ram’y - stoning - of the Jamaraat on the 13th day, and may not leave Mina before midday.

500. It is a priority for the [pilgrim] who is performing his First Hajj to observe the mabeet on the eve of the 13th too. This is also applicable to anyone who has breached some of the prohibited acts of the ihraam, or committed a major sin. In fact it is preferred for every pilgrim.

501. The necessary amount of mabeet is one half of the night, whether the first or the second half. Night is defined as from the Adhaan of Maghrib to Adhaan of Fajr. Therefore it is permitted for one to leave Mina after midnight if he had observed mabeet during the first half of night, although it is preferred to observe the mabeet throughout the night until Fajr.

502. It is obligatory to state the niyyah for the mabeet in Mina for the eves of 11th, 12th and 13th in the same way as in other duties and rites. niyyah should be stated after the time of ‘Esha if he had not done so at the time of Maghrib. He should state, “I observe the mabeet this night in Mina seeking nearness to Allah Almighty”. Abandoning [the declaration of] the niyyah constitutes a sin, but he is not liable to kaffaarah, although, as a precaution, it is mostahab to give one.

503. If one left Makkah but did not reach Mina or fell asleep on the way [to Mina], or he who had forgotten, or were ignorant of the ruling, or due to an oversight, or was overcome by illness or sleep, and therefore did not manage to observe the mabeet in Mina, he is not liable to anything. The same is applicable if there was no space in Mina to stay for mabeet, or if there was an excuse preventing him from observing the mabeet in Mina, such as fear of an enemy, or disease and such like.

504. It is permissible to engage in acts of worship in Masgid al-Haraam or the Mas‘a [the route between Safa and Marwah], as a substitute for observing the mabeet in Mina. He could go to these two sites, and engage in acts of worship such as prayers, recitation of the Qur’an, reading various Du‘a and supplications, seeking forgiveness - istighfaar - performing tawaaf and sa‘y. Doing so for one half of the night seems to satisfy the requirement [of mabeet], having the choice between the first half of the night, which is from the Maghrib Adhaan until midnight, and the latter half, which is from midnight to the Fajr Adhaan. In that case, [the requirement] of observing mabeet in Mina is waved.