Alhassanain(p) Network for Heritage and Islamic Thought

Taqsir

Article 243

Fifth obligatory act of Umrah is Taqsir, which means cutting the hair of the head or the face (beard or mustache) and cutting a part of the nail, and it is enough to cut the hair of the head or the face and forgo cutting the nail, but it is a precaution not to suffice cutting the nail solely.

Article 244

Cutting the hair of the head or the face can be performed with any tool, but tweezing is not enough.

Article 245

Taqsir is part of worship and should be performed with the intention and for closeness to Allah.

Article 246

There is no specific place for Taqsir in Umrah al-Tamattu’, therefore the pilgrim can perform Taqsir in Marwah after completing the Sa’y or do it after returning home, and also there is no difference between cutting the hair by the pilgrim himself/herself or asking someone else to do.

Article 247

Shaving the head instead of cutting the hair is not permitted in “Umrah al-Tamattu’”, and if this act has been performed deliberately in the month of Dhu’l-Qa’dah or after that, then the atonement is one sheep, but it has not been performed deliberately then there is no atonement for that.

Article 248

After a Muhrim comes out of Ihram after performing Taqsir in “Umrah al-Tamattu’” all Haraam act of Muhrim becomes Halaal for the person, except hunting which is still Haraam for that person, because hunting of Haram is Haraam for everyone.

Article 249

Whenever a pilgrim forgets to perform Taqsir and goes for Hajj (it means that wears Ihram and goes to Arafat) his/her Umrah and Hajj is correct and there is no compensation, but it is better to pay the atonement of one sheep.

Article 250

If a person does not perform Taqsir deliberately and goes for the rituals of Hajj, his/her Umrah is invalidated and his/her Hajj converts to Ifrad, then he/she should complete the Hajj and it is obligatory precaution to perform Umrah al-Mufradah after the Hajj and his/her Hajj is correct, although it is Mustahab for him/her to perform Hajj again in the next year.

Article 251

If a person does not perform Taqsir because of ignorance about the matter, then his/her ruling is similar to renouncing deliberately.

Article 252

Tawaf of Nisa’ is not obligatory in Umrah al-Tamattu’, even there is no necessity for performing Tawaf of Nisa’ with the intention of Rija’ (hoping for the goodness of the act).

Hajj al-Tamattu

Article 253

As we have mentioned before, Hajj al-Tamattu’ should be performed after Umrah al-Tamattu’ and it has thirteen acts as follows:

1- Wearing Ihram from Mecca.

2- Wuquf which means staying in “Arafat” from about the noon until the sunset of the ninth day of Dhu’l-Hijjah.

3- Wuquf in Mash’ar al-Haraam; it means to stay there from the dawn until the sunrise of Eid of Qurban (festivity of sacrifice).

4- Going to Mena (also Mina) and performing Ramy al-Jamarah al-Aqaba (throwing seven pebbles to the place, which is allocated at the end of Mena that is called “al-Jamarah al-Aqaba or al-Jamarah al-Uula).

5- Sacrificing in Mena in the day of Eid (tenth of Dhu’l-Hijjah).

6- Taqsir that means shaving the head or cutting a piece of hair or nail.

7- Tawaf of Ka’ba (this Tawaf is called Tawaf of pilgrimage).

8- Performing two Rak’ats of prayer of Tawaf.

9- Seven times of Sa’y,(shuttling) between Safa and Marwah.

10- Performing another Tawaf, that is called Tawaf of Nisa’.

11- Performing Two Rak’ats of prayer of Tawaf of Nisa’.

12- Staying the eleventh and the twelfth nights in Mena.

13- Performing Triple Ramy al-Jamarat that means throwing seven pebbles to each of three places, which are situated in Mena in the eleventh and the twelfth days.

Explanation of each one of these acts will be mentioned in following articles.

Wearing Ihram from Mecca

Article 254

It has been mentioned before that the Miqat of Ihram for “Hajj al-Tamattu’” is “Mecca”, and there is no difference between places in Mecca. It is enough to be performed from Masjid al-Haraam, other mosques, streets and avenues or houses and there is also no difference between old and new Mecca, even places which have been advanced today to Mena and Arafat, it is possible to wear Ihram from all of these places. But it is obligatory precaution not to wear Ihram from places of Mecca which are farther than “Masjid al-Tan’eem” (Masjid al-Tan'eem is the closest boundary of Haram) and the best place is Masjid al-Haraam.

Article 255

The best time for wearing Ihram is the eighth day of Dhu’l-Hijjah, but it is possible to do this three days before and go to Mena from there in order to go to Arafat from that place; Old and ill persons can move to that place sooner than this time if they are afraid or congestion of crowd.

Article 256

The latest time of Ihram of Hajj is the time when delaying causes impossibility of reaching Wuquf to Arafat which is from the noon of the ninth day until the sunset; therefore, the pilgrim can become Muhrim in the morning of the ninth day and go to Arafat on time (if it is possible to reach on time in that conditions).

Wuquf in Arafat

Article 257

The second act of obligatory acts of Hajj is Wuquf in Arafat. “Arafat” is a desert about 20 km from Mecca which has became semi-treed today and it is obligatory for Hajjis to say the noon of the ninth day of Dhu’l-Hijjah in that place.

Article 258

It is a precaution to remain from the beginning of noon of the ninth day until the sunset in Arafat, afoot or ride, moving or sitting, awake or partly sleep, and it is Mustahab to pray and observe the pure essence of Allah and asking forgiveness from him in that time, The superiority of praying in this place and time is unequaled

Article 259

Wuquf in Arafat is worship and should be performed with intention of closeness to Allah, and its intention has no specific statement and having the intention of performing that in the heart is enough.

Article 260

If a person leaves Arafat before sunset, and if it is because of forgetfulness or ignorance about the matter, then there is nothing on him, but if has done this deliberately, then this person should sacrifice a camel in Mena (and if he/she cannot sacrifice a camel, then he/she should perform eighteen days of fasting) and his/her Hajj is correct.

Article 261

Whenever a person returns to Arafat before the sunset and stay until sunset in there and then leaves the place, there is no atonement on him in this case.

Article 262

Although staying in Arafat is obligatory all the time as has been mentioned before, renouncing it is a sin, but it is not one of essentials of Hajj, and the pillar is staying for a while in there. It means that if a person stays a part of the time from noon until sunset in Arafat, then his/her Hajj is correct, but if he/she stays away the whole time then the Hajj is invalidated.

Article 263

It is obligatory for a person who has not been successful in completing Wuquf in Arafat from noon until sunset, to stay there for some time in the night of Eid. Therefore, when a pilgrim reaches Arafat when people have left there, he/she should stay a part of the night in there on the condition that he/she can reach Mash’ar al-Haraam before the dawn of the day of Eid and this is called “Emergency Wuquf of Arafat”. However if this person couldn’t stay a part of night in Arafat, it is enough for him/her to perceive Wuquf a part of Wuquf in Mash’ar al-Haraam, which will be mentioned later, and his/her Hajj is correct in this way.

Wuquf in Mash’ar al-Haraam

Article 264

Mash’ar al-Haraam which is also called “Muzdalifah” and “Joma’” is a famous place between Mena and Arafat (its boundaries are the mount Ma'zmein and Hiyadh and Wadi Mohassar) and it is obligatory for those who to go to that place after Wuquf in Arafat and it is precaution not to delay going to that place if it is possible.

Article 265

Wuquf in Mash'ar al-Haraam is obligatory from the dawn until sunrise and it is also an obligatory precaution to stay the night there and pray to Allah and it is obligatory to have the intention of closeness to Allah for all of these acts.

Article 266

Leaving Mash'ar without any religious lawful excuse and going to Mena because of ignorance has no problem, but if a person performs this act deliberately, then he/she should pay one sheep as the atonement, but his/her Hajj is correct.

Article 267

Wuquf in Mash'ar al-Haram is a pillar of Hajj and if a person renounces that deliberately, then his/her Hajj is invalidated.

Article 268

Although staying all the time between the dawn and the sunset in Mash'ar al-Haraam is obligatory (and even staying the night of Eid is also obligatory as a precaution), but staying the night solely is enough for the correctness of Hajj, but as we said before if this act has been performed deliberately, it is a sin and has the atonement of one sheep.

Article 269

It is allowed for the below listed to stay a while in Mash'ar and then go to Mena.

1- Women

2- Ill persons

3- Old men

4- All persons who have an acceptable excuse

Therefore, all people who have an excuse can stay a part of the night in Mash'ar and then depart for Mena; so old men, ill persons, children and all those who have to accompany them for nursing or guidance and those who are afraid of congestion of the crowd in the morning of the Eid can go to Mena in the night (after staying a while in Mash'ar al-Haraam and pray to Allah) and perform Ramy al-Jamarat al-Aqaba; but it is Mustahab precaution not to leave Mash'ar before midnight, and it is precaution that guides return to Mash'ar after taking people who are in their charge if it is possible.

Rulings of Wuquf in Arafat and Mash’ar

Article 270

As it has been said before, each of the Wuqufs in “Arafat’ and “Mash'ar” are of two kinds:

1- Voluntary Wuquf

2- Emergency Wuquf

“Voluntary Wuquf of Arafat” is from about the noon until the sunset.

“Emergency Wuquf of Arafat” is some time, even a short time, of the night of the Eid.

“Voluntary Wuquf of Mash'ar” is from the dawn until the sunrise of the day of the Eid.

“Emergency Wuquf of Mash'ar” is from the sunrise until the noon of the day of the Eid.

Albeit “Mash'ar’ has another emergency Wuquf which is for women and weak and ill persons and it is staying a part of the night of Eid and departing there for Mena.Here, we explain the rulings of persons who perceive all of these kinds of Wuqufs or some of them.

1- If a person performs both Wuqufs in Arafat and Mash'ar voluntarily (which is from the noon until the sunset of the day of Arafa in Arafat, and from the dawn until the sunrise in Mash'ar al-Haraam), surely his/her Hajj is correct.

2- A person who does not perform any of voluntary or emergency Wuqufs of Arafat and Mash'ar which has been mentioned before, his/her Hajj is invalidated and should make the intention of Umrah al-Mufradah, it means that he/she should perform Tawaf and prayer and Sa’y with the Ihram that he/she has and perform Taqsir (also performs Tawaf of Nisa’ and its prayer as a precaution) and comes out of Ihram, but this person should perform Hajj al-Tamattu’ again the next year.

3- Hajj is correct and free of problems by performing “emergency Wuquf of Arafa” and “voluntary Wuquf of Mash'ar” (it means that he/she has not reached Arafa in the ninth day and he/she has only stayed a part on the night in there, then he/she has stayed in Mash'ar al-Haraam from the dawn until the sunrise).

4- Hajj of a person is correct if he/she has performed “voluntary Wuquf of Arafa” and “emergency Wuquf of Mash'ar” (it means that this person had been stayed in Arafat from the afternoon until the sunset of the day if Arafa, but he/she had not stayed in Mash'ar after the dawn until the sunrise because of a reason, but he/she had stayed a part of the noon in Mash'ar).

5- Hajj of a person who has performed only “voluntary Wuquf of Arafat”, by any reason, is correct (it means that he/she has been stayed from the afternoon until sunrise of the ninth day in Arafat, but he/she couldn’t stayed even a while in Mash'ar after the noon of the Eid).

6- Hajj of a person who has performed only “voluntary Wuquf of Mash'ar” is also correct (it means that he/she had never reached Arafat, but had stayed in Mash'ar from the dawn until the sunrise).

7- A person who has performed “emergency Wuquf of Arafat” in the night of the Eid and “emergency Wuquf of Mash'ar” before the noon of the day of the Eid, deserves that his/her Hajj to be correct.

8- If a person has only performed “emergency Wuquf of Mash'ar” (it means that he could only reach Mash'ar al-Haraam before the noon of the day of the Eid), then his/her Hajj is invalidated and should make the intention of Umrah al-Mufradah and comes out of Ihram after performing the rituals of Umrah al-Mufradah, and this person should perform Hajj al-Tamattu’ again the next year.

9- The Hajj of a person who has only performed “emergency Wuquf of Arafat” is also invalidated and should act according to the previous ruling.

10- The Hajj of a person who has performed none of the voluntary or emergency Wuqufs is also invalidated and should act according to the previous ruling.

Ramy al-Jamarah al-Aqaba

Article 271

The fourth obligatory act of Hajj is “Ramy al-Jamarah al-Aqaba”, on the day of Eid of Qurban (festivity of sacrifice). The meaning of this is to throw seven pebbles to a place which is placed at the end of Mena in the side of Mecca that is called “al-Jamarah al-Aqaba”

Article 272

There are some things obligatory is Ramy “al-Jamarah”:

1- Having the intention of closeness to Allah, and it is enough to have the intention in the heart that he/she has the intention of throwing seven pebbles to the Jamarah for obeying Allah and performing rituals of Hajj and it is not necessary to say this intention by words.

2- The pilgrim should use seven pebbles (not being very large and not being very small, it is enough that each of them to be in size of a finger nail).

3- Pebbles should be hurled one by one and throwing two pebbles together is considered is throwing only one.1

4- Pebbles should strike Jamarah and if there is a doubt in this matter, it is not enough and the act should be performed again.

5- Pebbles should be hurled not being placed in the place of Jamarah and it is not enough that pebbles strike Jamarah with assistance of other person or thing (for example if a pilgrim throws a pebble and this pebble strikes Jamarah by assistance of other pebble which has been hurled by another person, then this is not enough).

6- The time for performing the throwing of the pebbles is from sunrise until sunset of the day of the Eid, but as we said before “women” and “old men” and those who are afraid of the congestion of the crowd can perform Ramy al-Jamarah at the night of the Eid.

7- Pebbles have three conditions:

“First”, they should be stone, not clod or clay or anything else.

“Second”, they should be collected from “Haram” (attention that all of Mash'ar al-Haraam and Mena are placed in Haram but Arafat is out of Haram), but it is better to collect the pebbles from Mash'ar al-Haraam in the night of the Eid, also collecting from “Mena” and “Mecca” has no problem.

“Third”, pebbles should be untouched; it means that nobody or even the pilgrim himself/herself had not used them for Ramy al-Jamarat before.

Therefore, pebbles which are fallen around Jamarah and have been used cannot be used for Ramy al-Jamarat. But of the pilgrim sees pebbles in other than that place and doubts that if these have been used or not, he/she can use them.

It should be considered that 49 pebbles are needed for three days (and if the pilgrim has to stay the thirteenth day then he/she needs 70 pebbles) that is better to collect them in the night of the Eid from Mash'ar and bring them in a bag with himself/herself, but it is better to have some more pebbles because it is possible that some of them may not strike the Jamarah.

Article 273

It is an obligatory precaution not to collect the pebbles from mosques in there.

Article 274

Ramy al-Jamarah can be performed ride or afoot, with the right or the left hand, also there is no specific method for throwing them and having ablution is not a condition, although it is better to perform Ramy al-Jamarah afoot with ablution and with the right hand, and in that state it is better to praise and pray to Allah.

Article 275

Performing Ramy is not permitted in the night, except for women and ill persons and those who are afraid of the congestion of crowd in the day, or people who are busy in days managing and arranging the tasks of Hajjis in caravans (there is no difference in performing Ramy in the night before or after).

Article 276

Ramy al-Jamarah al-Aqaba and other Jamarat can be performed from any side, although it is famous that it is Mustahab to stand back to Qibla and facing Jamarah when performing Ramy al-Jamarah al-Aqaba, but it is Mustahab to face the Qibla in performing Ramy of other Jamarat.

Article 277

Whenever a pilgrim doubts about the number of pebbles which have been hurled, he/she should take the lesser number and perform the rest, and if he/she is sure about performing less than seven, he/she can perform the rest if the sequence has not been past and if it has been passed it is precaution to perform the rest and then perform it again by other seven pebbles.

Article 278

Whenever a person renounces Ramy al-Jamarah because of forgetfulness or ignorance about the matter, it is necessary to perform that whenever he/she remembers or informed about the matter until the thirteenth day, and it is better to perform the Ghazaa of the previous day before the noon and the duty of that day in afternoon; but it has no problem to perform them both in one time (first the Ghazaa of the previous day and then the duty of that same day).

Article 279

If a pilgrim finds out that he/she had not performed Ramy al-Jamarah after returning to Mecca from Mena, he/she should return to Mena and perform that, and if the thirteenth day has passed he/she should perform that in the next year in the same days or if it is not possible, he/she should take a proxy for performing that.

Article 280

If a person renounces Ramy al-Jamarah deliberately, his/her Hajj is not invalidated but he/she should act according to the previous article.

Article 281

The sequence of Jamarat should be observed in the eleventh and twelfth days which Ramy of all three Jamarat is obligatory; it means that the pilgrim should perform Ramy first on the place of “Jamarah al-Uula”, then “Jamarah al-Wusta” and after that the “Jamarah al-Aqaba” which is the last Jamarah (this is for the eleventh and the twelfth day; but in the tenth day which is the day of the Eid only Ramy al-Jamarah al-Aqaba is performed).

Article 282

Whenever sequence has not been observed in Ramy al-Jamarat, the pilgrim should return and perform it in the way that sequence is observed, but if he/she has hurled four pebbles or more to each Jamarah, he/she returns and performs the rest sequentially, and if he/she has not hurled four pebbles, then he/she should return and perform from the beginning and throw seven pebbles, and if he/she has missed three pebbles or less from one of Jamarat, he/she should complete only that Jamarah and there is nothing else obligatory for him/her in this matter.

Article 283

If the pilgrim has not observed the sequence deliberately, it is obligatory precaution to return and perform that from the beginning and there is no difference between four pebbles or less.

Article 284

It is obligatory to observe the “sequence without interruption”; it means that the pilgrim should hurl the pebbles sequentially and with a little pause between them to the place of Jamarah, but as we said before, if a pilgrim has hurled four pebbles or more to the Jamarah sequentially and has renounced the rest because of forgetfulness or ignorance about the matter, then he/she can hurl the rest in another time although the sequence has been passed.

Article 285

As it has been mentioned before those who cannot perform Ramy in the day because of an excuse should perform it in the night, and if they are incapable of performing it in the night or there is fear of a danger or harm, they should take a proxy to perform Ramy in behalf of them in the day.

Article 286

Today, upper levels have been constructed for Jamarat, and it seems that performing Ramy from the upper level also suffices and it is enough when pebbles are hurled into the holes around the Jamarah and falls on the ground.

Footnote

1. According to lots of great scholars and scientist of literature, Jamarah means “مجتمع الحصي” which means the place of collection of pebbles or according to the owner of Jawahir Jamarah is the place of Jimar (pebbles) and it is understood from several cabbalas that Jamarah is the same land which pebbles are thrown to that and it seems that pillar are placed there as signs, therefore it is not necessary the respected Hajjis trouble themselves to throw the pebbles to pillars, but it is enough to throw the pebbles to the circle around the pillar and it is enough if pebbles strike the pillar and fall at the base; but bearing this hardness is not necessary and if they perform Ramy from the upper level, throwing the pebbles to the holes which are placed in upper level and then pebbles fall of the ground from there is enough.

Sacrifice

Article 287

The second obligatory act of Mena is sacrifice and camel is the best for this purpose and its middle is a cow and the least of that is a sheep and this is obligatory for only those who are performing Hajj al-Tamattu’ and it is not obligatory for the others.

Article 288

It is an obligatory precaution that a sacrifice to be only for one person even in the cases of necessity; and if some persons are capable of sacrifice only one animal, then it is a precaution to perform fasting, which will be mentioned later, added to sacrifice; but it has no problem to sacrifice only one animal for a group of people in Mustahab sacrifices like the Eid of Qurban even they are seventy persons.

Article 289

It is better to perform Zebh (ritual slaughter) in the day of the Eid but it is permitted to delay that until the thirteenth day.

Article 290

If a pilgrim delays the sacrifice because of an excuse or without any excuse and deliberately, it is obligatory to perform that until the end of Dhu’l-Hijjah and if he/she doesn’t perform that, then he/she should take a proxy to perform this act in the next year in the days of Eid in the same place.

Article 291

The animals of sacrifice should have the following conditions:

First condition: The Camel should be at least 5 years old, cow 2 years old and the sheep should be at least one year old for sacrifice as an obligatory precaution.

Second condition: Its eye should be healthy and its ear should not be cut and its feet should not be crippled (little crippling has no problem). Its inner horn should not be broken, but there is no problem if its outer horn is broken.

Article 292

Whenever a part of the ear of the animal has been cut or punched as a sign, it has no problem.

Article 293

If a type of that animal is naturally without ear or tail or horn, then there is no problem.

Article 294

A castrated animal is not permitted for sacrifice; but if it’s balls are ground or its vessel is disabled then there is no problem.

Article 295

The animal should not be thin and it suffices if people say that it is not thin, and it is enough if it seems thin but there is some fat on its kidney.

Article 296

The word of the seller of the animal can be accepted about the age of that animal or not being castrated or other hidden matters which buyer cannot recognize.

Article 297

If a person buys an animal that seems to be fat, and recognizes that it is thin after the Zebh or after paying the price and before performing Zebh, this sacrifice is correct. Also, if a pilgrim buys an animal assuming that it is thin and it clears later that the animal is fat then this sacrifice is correct.

Article 298

Whenever a pilgrim buys an animal which seems to be healthy and it clears after the Zebh or paying the price that the animal has a defect then the pilgrim can suffice this animal, although Mustahab precaution is not to suffice that animal.

Article 299

It is Mustahab to divide the meat of the sacrificed animal to three parts. Take one third of that for themselves, give one third as alms in the way of Allah and give one third of that to friends and believers as a gift; but giving a part of that meat to poor people is obligatory while eating from that meat is not obligatory.

Article 300

If people who deserve this meat cannot be found in Mena, then the Hajji can bring the meat out of Mena and even out of Hejaz and give that to the poor Muslims. Although it is according the precaution to take the deputyship from some of people who deserve or believers for accepting the share of poor people or the gift of believers and leaving that sacrifice there, but it is not obligatory.

Article 301

It is not necessary that three shares be specifically equal.

Article 302

It is a precaution not to take the meat of sacrifice out of Mena while there are needy persons in there, and if there is no poor person in there then it is permitted to take the meat out of Mena.

Article 303

Meat of the sacrifice can be given to all poor Muslim consisting of Shiites and Sunnis, but giving it to non-Muslim people or Nasibis (those who hate Ali (a.s.) and are the enemies of his holiness and his followers) is a problem.

Article 304

If a pilgrim does not find an animal of sacrifice until the time of return, but has the money of sacrifice, he/she can give the money to a reliable

person in order to buy a sheep until the end of Dhu’l-Hijjah and sacrifice that in behalf of him/her in Mena and if it is not possible perform it in Mecca, and if it is not possible perform it in the month of Dhu’l-Hijjah of the next year and if the pilgrim cannot find a reliable person in there he/she can ask some of Hajjis to buy and sacrifice in behalf of him/her in the next year.

Article 305

It is a precaution not to sell the skin of the sacrificed animal and if he/she want to keep it for himself/herself must give an equal amount of money to a poor person.

Article 306

Sacrificing in the places for sacrifice in enough, although today it is common that all of them are out of the Mena region and it is not necessary to sacrifice in a corner of Mena hidden or leave it for the next days.

Article 307

Muslims should do something in order that meat of sacrificed animals to be used and not be buried or burned because of uselessness or corruption, because this acts are Israaf (wasting), Haraam and is against the Islamic orders. And if there is no person in Mena who deserves this meat, then Hajjis should take the meat out to other cities or countries and give it to poor people and believers and it this act has costs, these costs should be paid by the Islamic governor or people.

Article 308

Using machineries for Zebh has no problem if the conditions of Islamic Zebh are observed like being to Qibla and saying “بسم الله being faced to Qibla and saying

Article 309

If there is no way found for using the meats of sacrificed animals, and pilgrims are forced to destroy the meat or an important part of them, then sacrifice should be stopped temporarily in Mena and Hajjis should keep the money in order to sacrifice in their towns after returning and act as its order; If the authorities of reliable organizations can accept to perform the Zebh of all animals of sacrifice there and send the meat to the deprived people of other regions, it is better to perform sacrifice in the available places for sacrifice, although these places are out of Mena.

Article 310

In the assumption of the previous article sacrifice should be performed in the rest of Dhu’l-Hijjah and if the return takes more time then he/she should take a proxy. And if is not possible in the Dhu’l-Hijjah of that year, it should be performed in the days of Eid of Qurban in the next year.

Article 311

Sacrifice can be performed by the Hajji himself/herself or by a proxy and in any way Hajji makes the intention and there is no need that proxy should

be known completely, only knowing him/her as a whole is enough. Also it is not necessary for the person who performs sacrifice to be Shiite, but all person whom their sacrificed animal is pure and Halaal, can perform Zebh, although it is better for a person who performs sacrifice to be Shiite.

Article 312

It is not necessary that the proxy say the name of a person who are performing Zebh in behalf of him/her (although saying the name is better), even if this person says the name of another person erroneously, then it has no problem and sacrifice is performed for the main person.

Taqsir

Article 313

It is obligatory that the Hajji cuts a part of his/her hair of the head or shaves the head and it is his first Hajj then it is better to shave the head, but it is not obligatory. He/she comes out of Ihram by this act, it means that wearing sewed clothes and other Haraam acts of Ihram become permitted for him except fragrance and women that will become Halaal in the next acts (as will be mentioned).

Article 314

It is an obligatory precaution for those who have tied their hair or have stuck the hair with some materials to shave the head and it is Mustahab precaution to shave the head for those who are performing Hajj for the first time, but it is permitted to only suffice to cutting a part or shortening the hair of the head; and he has choice between these two acts for the next times; although shaving the head is for men and women are not permitted to shave their heads and only cutting a part of the hair of the head is obligatory.

Article 315

Cutting the nail is good with the cutting of the hair from the head for men and women; but it is obligatory precaution not to suffice to cutting the nail alone.

Article 316

It is obligatory to perform the triple acts of Mena in sequence. This means that first- Ramy al-Jamarah al-Aqaba, second- sacrifice and third- shaving the head or cutting a part of the hair of the head and nail. Whenever a pilgrim performs these acts without observing the sequence because of ignorance or forgetfulness then his/her acts are correct, even if he/she does not observe that deliberately, he/she has performed a sin but there is no atonement. Delaying shaving the head or cutting the hair of the head or the nail has no problem until the twelfth day, but it is a precaution not to perform these acts in the night.

Article 317

It is obligatory to perform shaving or shortening of the hair of the head before Tawaf of Hajj, and if a pilgrim performs Tawaf of Hajj before Taqsir deliberately, then he/she should perform Tawaf after Taqsir again and pay the atonement of one sheep; but if he/she has performed Tawaf before Taqsir because of ignorance or forgetfulness then it is has no atonement, but it is obligatory precaution for him/her to perform Tawaf after Taqsir again.

Article 318

It is not necessary that the Hajji himself/herself shortens his/her hair of the head and it is enough if he/she orders another person to do that, if that person is Shiite or Sunni and in any way he/she himself/herself should make the intention that for example “I perform the obligatory act of Taqsir for Hajjat al-Islam for closeness to Allah (قربة الی الله)”.

Article 319

It is obligatory to perform shaving or shortening the hair of the head in Mena and if a person does not perform that deliberately or because of ignorance or forgetfulness, it is obligatory for him/her to return to Mena and perform this duty. And if he/she cannot return or it causes severe hardness for him/her, then he/she should perform that anywhere that he/she is; and it is an obligatory precaution to send his/her hair to Mena and it is Mustahab to bury the hair in Mena.

Article 320

It is not permitted for those who have not performed Taqsir yet and are still Muhrim to shave the head of another person or shorten his/her hair, but they should perform Taqsir first and then they can do it for the others.

Article 321

A person who knows that if he/she shaves his/her head, he/she might get injured, then it is a precaution to cut a part of the hair first and then shave the head.

Quintet Obligatory Acts of Mecca

Article 322

It is obligatory for a Hajji to return to Mecca after performing triple acts of Mena in order to perform the rest of ritual of Hajj which are five things as follows:

1- “Tawaf of Hajj” that is also called “Tawaf of pilgrimage”.

2- “The prayer of Tawaf of pilgrimage”.

3- “Sa’y of Safa and Marwah”.

4- “Tawaf of Nisa’”

5- “The prayer of Tawaf of Nisa’”.

These five acts should be performed exactly as we have said before for Umrah al-Tamattu’ except for intention that is here the intention of Tawaf of Hajj and its prayer and its Sa’y or the intention of Tawaf of Nisa’ and its prayer.

Article 323

A Hajji can go to Mecca in the day of Eid of Qurban immediately after performing the acts of Mena and performs the above acts in there in that day. And it is better not to delay it to after eleventh day and if this happens, then no longer than the thirteenth day. If it is not impossible to perform these acts until the end of Dhu’l-Hijjah, although it is Mustahab precaution not to delay after the thirteenth day.

Article 324

Acts of Mecca which are Tawaf of pilgrimage and prayer and Sa’y and Tawaf of Nisa’ and its prayer should be performed after the acts of Mena, but those who can perform them before going to Arafat are;

1- Women who have the fear of involving with menstruation of childbirth and cannot stay until they become pure.

2- Ill persons who are not capable of performing Tawaf and Sa’y in the congestion of the crowd.

3- Old men and women who are incapable performing these acts when returning from Mena because of congestion of the crowd or fear of danger or harm.

4- All persons who know that they are incapable of performing these acts after returning or performing these acts causes them lots of troubles (and there is no difference between Tawaf of Nisa’ and Tawaf of Hajj in this matter).

Article 325

In case of performing these acts before the acts of Mena, it is an obligatory precaution to become Muhrim to the Ihram of Hajj and then performing the acts.

Article 326

If an ill person becomes healthy or a woman gets pure after returning from “Mena” and are capable of performing Tawaf and Sa’y then it is obligatory precaution to perform them again.

Article 327

Tawaf of Nisa’ is obligatory for man, woman, old and young, married and single and even discriminator or neutral children, and without that woman does not become Halaal for man and man does not become Halaal for woman; and it is obligatory precaution that if a person brings a non-discriminator child then his/her guardian performs Tawaf of Nisa’ with him/her.

Article 328

Tawaf of Nisa’ is not an obligatory Umrah of Hajj al-Tamattu’, but it is obligatory in Hajj al-Tamattu’ and Umrah al-Mufradah.

Article 329

If a woman is in menstruation before performing Tawaf of Nisa’ and cannot stay until becoming pure (for example when caravan does not wait for her) it is necessary to take a proxy for performing Tawaf of Hajj and its prayer, and then she performs Sa’y and after that takes a proxy for performing Tawaf of Nisa’ and its prayer (also other persons who are not capable of performing Tawaf and Sa’y, should take a proxy).

Article 330

Tawaf of Nisa’ cannot be performed immediately after Tawaf of Hajj and before Sa’y, but it should be performed after performing Sa’y; but if a person performs that before Sa’y because of ignorance about the matter or forgetfulness, then it is correct.

Article 331

The things which were Haraam for Hajji in the state of Ihram become Halaal by performing the triple acts of Mena and acts of Mecca in three stages:

1- All Haraam things become Halaal after cutting or shaving the hair of the head, except fragrance and spouse.

2- Fragrance becomes Halaal after performing Tawaf of pilgrimage and the prayer of Tawaf and Sa’y of Safa and Marwah.

3- Spouse becomes Halaal after performing Tawaf of Nisa’ and its prayer.

Processof Ihram

As it is said before, the first act of Umrah and Hajj is “Ihram” and obligatory acts of Ihram are three things as follows:

Article 63

First: Niyyah (Intention)

Making intention of Ihram as in the way that the pilgrim should intend not to perform the acts (that will be mentioned later) and consider them as Haraam for himself/herself and performs the acts of Umrah or Hajj after that, and by considering that meaning it is enough to say by words or in his/her heart:

“I wear Ihram for Umrah al-Tamattu’ for obligatory (or Mustahab) Hajj for myself (or in behalf of a person whom I am his/her proxy) for closeness to Allah (قربة الی الله)” and the purpose of saying I wear Ihram is to prohibiting himself/herself from the acts (which will be mention later).

And the pilgrim says for Ihram of Hajj: “I wear Ihram for obligatory Hajj for closeness to Allah (قربة الی الله)” and in Umrah al-Mufradah: “I wear Ihram for Umrah al-Mufradah for closeness to Allah (قربة الی الله)”.

Article 64

It is not necessary to utter the intention but it is enough to have this intention in the heart, but it is better to express the intention by word adding this to the internal intention.

Article 65

The purpose of intending for closeness to Allah is intending to satisfy Allah and being close to his pure essence. The pilgrim should have the intention of performing the rites of Umrah or Hajj in that state and it is better to define from the beginning that he/she has the intention of performing Umrah or Hajj. For example “Hajjat al-Islam” which means obligatory Hajj because of gaining the ability of performing Hajj or “Mustahab Hajj” or “Hajj of Nazr” or “Hajj by proxy”, but it is also permitted to make intention for Ihram intending to define the type of act later.

Article 66

If after making intention of Ihram, and prohibiting himself/herself from the acts which are Haraam for Muhrim, the pilgrims intends to perform some of those acts (for example, he/she is in travel at that moment and is sitting under the roof of car or airplane unnecessarily), then it is not free of problem for his/her Ihram.

Article 67

Knowing the details of Haraam acts is not necessary and it is enough to know them as a whole.

Article 68

Second: Saying Labbayk

It is obligatory to say the “quadruple Labbayks” during Ihram with correct Arabic accent and it should be as follows as obligatory precaution:

لَبّیْکَ اللّهُمَّ لَبَّیْکَ، لَبَّیْکَ لا شَریکَ لَکَ لَبَّیْکَ، اِنَّالْحَمْدَ و النِّعْمَةَ لَکَ وَ الْمـُلْکَ، لا شَریکَ لَکَ.

Allah! I comply (and obey) you, again I comply to you, and one more time I obey you, there is no partner for you, I comply to you, solely you deserve all praise and grace and sovereignty are exclusive to you, there is no partner for you!”

It is better to abstain adding other expressions, except those that will be mentioned in Mustahab acts later.

Article 69

If the pilgrim cannot express these word with correct Arabic accent, it is enough that another person says them articulately for him/her and the pilgrim recites them after that person, and if he/she cannot pronounce correctly he/she should say as much as he/she can and express also its meaning as a precaution and a person who has the ability of pronouncing correctly, can say the words in behalf of that pilgrim, too.

Article 70

It is obligatory to say Labbayk during Ihram only once (in the way that mentioned before) and after that it is Mustahab to repeat that in different conditions as much as possible. E.g. while getting in and leaving a car, passing low and high lands, after awakening and after prayers It is better that men recite these words with a loud voice.

Article 71

It is obligatory that the pilgrim recites Labbayk when he/she sees the houses of Mecca during Ihram of Umrah al-Tamattu’, and at the noon of the day of Arafa during Ihram of Hajj, and at the time of seeing Kaa’ba in Umrah al-Mufradah. If the pilgrim has gone out of Mecca for Ihram, and if he/she is coming to Mecca from out of the city should stop and say Labbayk when he/she is entering the region of Haram.

Article 72

A pilgrim that is unable to speak, can point with his/her hand instead of saying “Labbayk” and moves his/her tongue as normal and it is better that another person says Labbayk in behalf of that pilgrim, but it is not obligatory.

Article 73

Children also can become Muhrim for Umrah or Hajj, and if they can distinguish between good and evil they can say “Labbayk” with the intention (Niyyah), and if they do cannot differentiate, then a person makes the intention and says Labbayk on behalf of them .Whenever a person is unconscious in Miqat, it is possible to make the intention and say Labbayk on behalf of him/her.

Article 74

Twenty-five acts, which are Haraam for Muhrim, are not Haraam for him/her before saying “Labbayk” even if he/she has made the intention and has worn the clothing of Ihram. Therefore, there is no punishment if the pilgrim performs one of the acts that are Haraam for Muhrim before saying Labbayk; in fact, “Labbayk” is like “Allahu Akbar” at the beginning of the prayer that a Muhrim does not enter the state of prayer before saying that, and whenever a pilgrim has doubt that if he/she has said “Labbayk” or not, nothing is also Haraam for him from the prohibited acts of a Muhrim.

Article 75

Whenever a pilgrim is in Miqat and has doubt that if he/she has said Labbayk or not, then he/she should say the Labbayk. And if he/she has passed Miqat then he/she can return to Miqat and say it as a precaution. If it is not possible to return, then he/she should say it in that place, but if the pilgrim do not know that if he/she has said Labbayk correctly or not, then he/she should consider it as correct and his/her Ihram is correct.

Article 76

Third: Wearing Ihram Clothing

It is obligatory for a person who wants to wear Ihram, to remove all clothes which are Haraam for Muhrim, and then wear the two clothes of Ihram. Wrap one of them around the waist (that is called “Izar”) and put another one on the shoulder like Aba (that is called “Rida’”); this ruling is exclusive to men and it is not necessary for women to wear these two parts of clothing beneath or over their own clothes.

Article 77

It is an obligatory precaution that clothing of Ihram and the way of wearing be as it is common. This means that the pilgrim should wrap the loincloth (Izar) in the way that at least it covers the body from the belly to the knees and puts Rida’ on the shoulder in a way that it covers the rest of the body. There is no condition about the quality or color of the Ihram clothing, but it should not be sewn.

Article 78

It is an obligatory precaution to wear Ihram clothing before making intention and saying Labbayk.

Article 79

It is an obligatory precaution not to tie a loincloth around the neck (but tying it around the waist has no problem) and the best way is to tie a belt over the Izar.

Tying two sides of Rida’, also fastening that by a pin, or putting a piece of stone in one side and fastening that to the other side with a string (as it is common among some of Hajjis) is no problem, although it is better to renounce these acts.

Article 80

If a pilgrim wears Ihram while he/she has a shirt or other common cloth on because of ignorance or forgetfulness, then his/her Ihram is correct, but he/she should immediately remove that cloth and wear only Ihram clothing, and if this act has been performed deliberately, then after removing the clothes it is a precaution to make the intention and say Labbayk again.

Article 81

Whenever a pilgrim puts on a shirt after wearing Ihram clothing because of ignorance or forgetfulness, then he/she should remove that cloth from the bottom and if it is not possible he/she should tear the clothe and remove it.

Article 82

It is not obligatory to have Ihram clothing on all the time and the pilgrim can remove that for washing or changing or any other purposes.

Article 83

Whenever a pilgrim is ill and cannot take off his/her common clothes in Miqat, it is enough to make the intention of Ihram and say Labbayk, and if it is possible for him/her to remove his/her common clothes temporarily he/she should do it and wear Ihram clothing. And after that if it is not possible to continue with that clothing he/she can wear his/her common clothes, and if this act was not possible in Miqat and after a while his/her health conditions got better for wearing Ihram clothing, it is an obligatory precaution to return to Miqat (if he/she can) and wears Ihram again, but if it was not possible to return to Miqat he/she should change the clothes in that place, but renewing Ihram is not necessary.

Article 84

Wearing more than two parts of Ihram clothing for preventing from cold or heat or other than that has no problem.

Article 85

All things, which are the conditions of prayer clothing, are also the conditions of Ihram clothing, therefore Ihram clothing should be clean and not being from the parts of Haraam-meat animals or pure silk or interwoven with gold (there is no difference between men and women in this ruling as obligatory precaution, although men and women have difference in the matter of wearing silk and gold-interwoven fabrics during prayer).

The cases that impurity (being Najis) of the clothing for prayer has been forgiven, also implies on Ihram clothing.

Article 86

Izar loincloth should not be see-through and it is a precaution that Rida’ should be either in this way.

Article 87

Whenever the Ihram clothing becomes Najis, the pilgrim should wash that, and if it is not possible he will do it whenever it is possible (If Rida’ becomes Najis the pilgrim can remove it temporarily).

Acts that are Haraam in the state of Ihram

Article 88

When a pilgrim becomes Muhrim the following acts are Haraam for him/her to do and some of them have atonement. Some of the Faqihs have mentioned them as twenty-five items, but we believe that some of them are Makrooh (disliked) that its explanation will be mentioned later.

These acts are as follows:

1- Wearing sewed clothing (for men)

2- Wearing a thing which covers all top of the foot (for men)

3- Covering the head (for men)

4- Covering the face (for women)

5- Wearing ornaments

6- Applying mascara and kohl

7- Looking at the mirror

8- Using fragrance

9- Applying oils on the body

10- Cutting the nails

11- Going under the shade during travel (for men)

12- Removing hair from the body

13- Performing marriage

14- Looking at spouse with sexual desire

15- Touching

16- Kissing

17- Performing sexual intercourse

18- Masturbating

19- Killing insects

20 & 21- Extracting tooth and blood from the body

22- Telling lies

23- Disputing

24- Hunting desert animals

25- Carrying weapons

Explanation of these rulings will be cleared in later articles.

1. Wearing Sewed Clothing

Wearing clothes like shirt, cassock, trousers and underclothes are Haraam for men in the state of Ihram. And it is an obligatory precaution to abstain from wearing any sewn clothes, woven clothes and clothes that their parts are attached to each other or have made been made like and are in the form of shirt, overcoat, trousers etc., even if it is not sewn and needle and thread have not been used in making them, it is a precaution to abstain from wearing all these clothes.

Article 89

There is no difference between large or small in sewn clothes. However pulling blankets, which their edges have been sewn, over shoulders for protection from cold and such, or pulling that over the body (on the condition that pilgrim does not cover his/her head with that) has no problem, also it has no problem if the edges of Ihram clothing have been sewn although renouncing is a precaution.

Article 90

Wearing a coin bag on the waist has no problem although it is sewn (coin bag is a little bag for carrying cash, coins). Also wearing a belt over Ihram clothing has no problem if it is sewn or not. Also wearing a wraparound even if it has made from a sewn fabric or not, but in all these cases it is Mustahab precaution that all clothing must not to be sewn.

Article 91

Wearing a truss has no problem even if it is sewn, also carrying sewn bags which pilgrims carry on their shoulders or necks and place their needed objects in them has no problem, and there is no problem if they are sewn, too.

Article 92

As we said before, it is an obligatory precaution that the pilgrim does not tie loincloth around the neck, but tying that around the waist, especially when it is needed, also tying Rida’ around or using a pin for fixing the position of Rida’ or Izar has no problem, but it is better to renounce that acts. The method, which is common among some of Hajjis, of putting a piece of stone on one side of clothing and fastening it with a rubber strap or a string to another side is also permitted.

Article 93

Wearing all kinds of sewn clothing is permitted for women, except gloves, which are not permitted to wear.

Article 94

The atonement of wearing sewn clothing in cases of necessity is a sheep, but if this act is performed because of ignorance or forgetfulness, then it has no atonement.

2.Wearing a thing which covers all top of the foot (shoes and socks)

Article 95

Wearing shoes, which covers both the top of the feet like boots and also wearing socks in the state of Ihram is not permitted, even if they cover the shank or not. But if they cover a part of top of the feet, like straps of sandals and shoes (that a part of the top of the feet are shown by wearing them) are permitted. This ruling is exclusive for men and wearing socks and shoes has no problem for women.

Article 96

If the towel of Ihram is long and covers the top of the foot, or the pilgrim for example puts a hot towel on the foot for reducing the pain, then these have no problem.

Article 97

Whenever a man wears socks or shoes in the case of necessity or deliberately, this act has no atonement and obligatory precaution is to shear the topside of the shoe if the pilgrim forced to wear socks or shoes.

3. Covering the Head for Men

Article 98

Covering all of the head in the state of Ihram is Haraam for Muhrim men, and the obligatory precaution is that they do not cover even a part of the head. But covering the head with hands or with a pillow during sleep is permitted. Also putting the strap of bag on the head is permitted. Covering the face is permitted for men.

Article 99

It is an obligatory precaution not to cover the ears, too.

Article 100

Tying a handkerchief around the head because of headache has no problem, also drying the head with handkerchief or towel is permitted on condition that the pilgrim does not cover the head with that.

Article 101

Whenever a Muhrim forgets and covers the head, it is Mustahab to say Labbayk again but it is not obligatory.

Article 102

It is an obligatory precaution not to cover the head with “mud” or “henna” etc. or putting something like a basket on the head.

Article 103

A Muhrim is not permitted to sink his/her head into the water, even if the rest of the body is out of the water, but pouring water on the head for Ghusl or other purposes and taking a shower is permitted; but a Muhrim should not sink his head into the water in the bathtub.

Article 104

The atonement of covering the head is one sheep for men as an obligatory precaution, but in case of ignorance or forgetfulness there is no atonement.

4. Covering the face for Women

Article 105

Covering the face is not permitted for women in the state of Ihram; even it is with a mask, fan or any other thing. The obligatory precaution is not to cover the face with mud or such like that.

Article 106

Covering a part of the face in the way that is not called mask is not Haraam, also covering the face during sleep or putting the face on the pillow or covering it by hands are permitted.

Article 107

It is permitted that a woman pulls her veil down in the way that it shades half or all of her face, even if it sticks to the face or not. But the obligatory precaution is to perform this act only when she wants to cover herself from men and keeps her face open in other conditions (the round of the face can be shown in other than in the state of Ihram).

Article 108

The atonement of covering the face is one sheep for women as obligatory precaution.

5. Wearing Ornaments

Article 109

It is not permitted that men wear ornamental rings. Rings, which are used for blessings, are not a problem. Therefore, the pilgrim should abstain from wearing ornamental rings, even if they are used for ornamental purposes or blessings.

Article 110

Wearing ornaments is absolutely Haraam for a woman in the state of Ihram, but ornaments that she normally uses can be worn in the state of Ihram if she hides them.

Article 111

Using henna is not permitted for men and women if it has ornamental purposes.

Article 112

It is an obligatory precaution that a Muhrim (man or woman) abstain from wearing any other kinds of ornament. He/she should not wear ornamented Ihram clothing of sandals and abstain from any kind of makeup and decoration on the head, face or other parts of the body.

Article 113

Coloring the hair has problem for a Muhrim if it is called decorating, even if he/she have not intended for decoration, and if it has no decorating purpose (like using henna for treatment) then there is no problem in doing that. Also coloring the hair and using henna before Ihram in the way that its effects remain until the time of Ihram has no problem, unless the pilgrim had intended for decoration for Ihram from the beginning.

6. Applying Mascara or Kohl

Article 114

Applying mascara or kohl or black materials or other kinds is Haraam for men and women in the state of Ihram if it is for decorating purposes. If it is not for decorating e.g. for eye treatment, then it has no problem if it is applied in a form other than decoration.

7. Looking at the Mirror

Article 115

It is not permitted for men or women to look at the mirror in the state of Ihram for checking of make up or hair or beard etc.. But it has no problem in other purposes like looking the sides of the car, or observing the tooth or mouth by a physician, or looking at the mirror without seeing his/her own face, or looking at the mirror for seeing the condition of injuries.

Article 116

Looking in the water reflection or a polished or glossy object for checking the condition of the face and hair similar things is Haraam in the state of Ihram.

Article 117

If a Muhrim looks at the mirror involuntarily then there is no problem. However it is better to cover the mirrors of the rooms in which Muhrims are staying there during Hajj in order that they do not look at the mirrors suddenly and involuntarily.

Article 118

Looking into the glass of a window or eyeglasses from which the other side is visible has no problem.

8. Using Fragrance

Article 119

Using fragrance like perfumes, musk, saffron, rose water and other thing by smelling or rubbing on the body or on clothing, or spraying in the room or eating fragrant foods are Haraam for Muhrim men and women in the state of Ihram.

Article 120

Eating fragrant fruits like apples and oranges is not a problem, but it is better to abstain from smelling their fragrance.

Article 121

A Muhrim cannot wash himself/herself with aromatic soaps and shampoos, and it is necessary to abstain from putting these things beside the Ihram clothing, which causes them to be fragrant. Hajjis should not put these objects in their sacks of their Ihram clothing.

Article 122

Whenever a Muhrim reaches a place where there are pleasant odors present, he/she should put something on the nose in order not to smell the fragrance, unless this act causes him/her strong hardship. But unlike this situation if a Muhrim reaches a place which has an unpleasant odor he/she should not close the nose but can pass that place quickly.

Article 123

Smelling flowers is not permitted for a Muhrim as obligatory precaution.

9. Applying Oils on the Body

Article 124

Applying any kind of oil or cream is not permitted for a Muhrim, even if they are fragrant or not. Even applying fragrant oils before Ihram in the way that it’s odor remains in the state of Ihram is prohibited. But applying non-fragrance oil and cream before Ihram is permitted.

Article 125

Eating greasy food is permitted for a Muhrim, even if it causes the greasiness around the mouth or hand.

Article 126

Applying oils or creams for treatment on the body is permitted.

10. Cutting the Nails

Article 127

Cutting the nails of hand or foot, even cutting only one or some of the nails is Haraam for a Muhrim, but if the nail is damaged and its presence causes harm or severe discomfort then it can be cut.

Article 128

Whenever cutting the nail occurs because of forgetfulness or ignorance about the matter, then nothing is on the Muhrim, but if it is performed deliberately its atonement is one portion of food (750 gr) for each nail and if he/she cuts all of the nails then the atonement is one sheep. If the Muhrim cuts the nails of the hands and feet in one session then the atonement is one sheep, but if this happens in two sessions then the atonement is two sheep.

Article 129

There is no difference between cutting the nails by scissors, nail cutter or even by tooth.

Article 130

A Muhrim can cut the nail in case of necessity, but it is an obligatory precaution to pay the same atonement.

Article 131

Whenever a Muhrim cuts his/her nail according to the fatwa of a person (or a quoting by another person) in the state of Ihram and blood sheds, then paying the atonement of one sheep is obligatory for the person who has issued the fatwa and even if blood does not shed then, it is still a precaution to pay the atonement.

11. Going under the shade during travel

Article 132

A Muhrim man should not go under the shade during travel or keep a shade or an umbrella over his head. Therefore traveling on airplane or a roofed vehicle is not permitted for a Muhrim man, but it is permitted for women.

Article 132

Going into a camp or under the roof of stations in middle of the way or in Mecca, Arafat, Mash’ar or Mena has no problem. Also passing roofed markets and tunnels, which have been made for pedestrians, is permitted.

Article 134

Whenever a shade no effect on preventing one from sunlight and rain, men are permitted to go under that shade. Therefore Muhrim men can use roofed vehicles or airplane from dawn to sunrise or in full cloudy days, but using a shade on rainy nights has atonement.

Article 135

Passing bridges in the way and staying in the shades of vehicles has no problem.

Article 136

Ill persons and those whom sunlight harms them severely or is a strong discomfort can use roofed vehicles, but they should pay the atonement (the amount of atonement will be mentioned in the next article).

Article 137

Whenever a Muhrim goes under the shade because of ignorance or forgetfulness then there is no atonement on him, but if it has been done deliberately or according to a necessity, then it has atonement and the amount of the atonement is one sheep for each Ihram, meaning that one sheep is obligatory for the whole Ihram of Umrah and one sheep for the whole Ihram of Hajj.

Article 138

It is better to perform Zebh (ritual slaughter) for atonement of Umrah in Mecca and those related to Hajj in Mena, but it is permitted to delay this act and perform it in the homeland. If it is hard to find people who deserve the food, it is better to perform this act in the homeland, but Hajjis should be aware not to forget it.

Article 139

A Sheep of atonement should be used completely by poor persons and Hajji can use none of that.

12. Removing hair from the body

Article 140

A Muhrim should not remove hair from the his/her body, even if it is performed by shaving, scissoring or removing by any other means, even if a Muhrim can do it by himself/herself or forcing another person to do that. Removing even one hair from the body is not permitted and there is no difference between the parts of limbs of the body.

Article 141

If a Muhrim knows that combing causes hair removal then it is not permitted to comb the hair of head or face, and it is a precaution that the Muhrim abstains from combing hair in the state of Ihram. Also a Muhrim should be aware that no hair is to be removed by scratching.

Article 142

Whenever hair causes illness or severe discomfort, it is permitted to remove it but it has atonement and the amount of that will be mentioned in the next article.

Article 143

Whenever a Muhrim shaves the hair of the head or both armpits of one of them deliberately, then the atonement of that is one sheep, but if he/she shaves his head because of a necessity then he/she has the choice of one sheep, three days of fasting or feeding six poor persons by giving each of them two portion of food (approximately one and a half kilogram). It is an obligatory precaution to pay the same atonement for removing the hairs of the armpit, but if the Muhrim removes a part or some of the hairs of the head, the face or beneath the chin, then feeding only one needy person is enough.

Article 144

There is no atonement if a Muhrim removes a hair because of ignorance about the matter or forgetfulness, and whenever Muhrim rubs the hand on the body during Ghusl or ablution for prayer and hair is removed in this way then also there is nothing on him/her, but if he/she rubs the hand on the face and head or the body without any purpose, and hair is removed in this way, then it is an obligatory precaution to give some food to a needy person.

Article 145

A Muhrim cannot remove hair from the body of another person, even if that person is in the state of Ihram or not, and even if it is performed by razor or scissor or any other instrument (but it has no atonement). Therefore people cannot shave others’ heads or faces in Mena when they are exiting from the state of Ihram, but they should exit from the state of Ihram first and then perform that act.

13. Performing Marriage

Article 146

Performing marriage is not permitted for a Muhrim in the state of Ihram, even if he recites the marriage statement or deputizes another person to do that Even if the marriage is performed permanently or temporarily, marriage is invalidated in this way. If he knows about the prohibitions and stills perform the marriage, then that woman will be Haraam for him forever.

It is also not permitted that a Muhrim recites the statement of marriage for another person, even if that person is in the state of Ihram or not and in this way marriage of that person is also invalidated, but that woman does not become Haraam forever, and in none of these cases, the atonement is obligatory.

Article 147

It is not permitted for a Muhrim to attend a marriage ceremony as the witness, also (as obligatory precaution) it is not permitted to testify a marriage, or propose for himself or another person.

14, 15 & 16. Looking, Touching & Kissing

Article 148

It is not permitted for Muhrim to look his/her spouse with sexual desire, or place the hand on his/her body or kiss him/her; however looking and touching without the intention of pleasure has no problem and it is a precaution to renounce kissing without sexual desire.

Article 149

Whenever a Muhrim looks his/her spouse or touch him/her should pay the atonement of one sheep, and if this act causes an ejaculation then the obligatory precaution is to pay one camel and if he/she kiss his/her spouse with sexual desire then the atonement is one camel, even if ejaculation happens or not.

17. Sexual Intercourse

Article 150

Sexual intercourse with a spouse is Haraam in the state of Ihram and this matter has three types:

1- Whenever Muhrim performs sexual intercourse with his/her spouse deliberately in the Ihram of Hajj before staying at Mash’ar al-Haraam then his/her Hajj is corrupted, but it should be completed and retaken the following year. The atonement of this is one camel, and that man and woman should separate from each other (as an obligatory precaution) until the end of Hajj rituals or a third person accompanies them, and the next year they should also separate when they reach that place.

The ruling is the same for woman if she does it with free will, knowledge and deliberately, but if her husband forces her to do, then there is no atonement on her and her husband should pay twice the atonement. If they perform this act after Wuquf in Mash’ar al-Haram and before Tawaf of Nisa’ then their Hajj is correct, but they have performed a sin and should pay the atonement of one camel.

2- Whenever sexual intercourse is performed in Umrah al-Tamattu’, one camel is the atonement as an obligatory precaution, but Umrah is correct, even if it has performed before Sa’y of Safa and Marwah or before Taqsir and exiting from Ihram, but the Mustahab precaution is that if this has performed before Sa’y, then one should finish Umrah if it is possible and retake it later and if this is not possible, then one has to perform Hajj al-Tamattu’ the next year.

3- Whenever this act is performed in Umrah al-Mufradah before finishing Sa’y of Safa and Marwah, then the Umrah is invalidated and the atonement is one camel, and the obligatory precaution is to finish Umrah and wait for one month, then Muhrim goes to one of Miqats, wears Ihram again, and retakes Umrah al-Mufradah. There is no difference between obligatory and Mustahab Umrah, but if it was after Tawaf and Sa’y (and before Taqsir) Umrah is not invalidated.

Article 150

Whenever a Muhrim performs sexual intercourse with his/her spouse because of forgetfulness, carelessness or ignorance about the matter, then it does not harm his/her Hajj or Umrah and there is no atonement for that.

Article 152

If a man has a sexual relation with his wife without intercourse, then he should pay the atonement of one camel, but it is not necessary to retake Hajj in the next year, the ruling is the same for woman and in the case of Ikrah (duress), this is like past articles.

Article 153

Atonement is one camel in all the above cases as obligatory precaution, and there is no difference between temporary or permanent spouse, also anal and vaginal intercourses are the same in this ruling.

Article 154

The above rulings are the same in obligatory and Mustahab Hajj and Hajj by proxy, but in the case of performing this act proxy has the right of leasehold, but he/she should act to the duties above (all these are in the case of performing deliberately).

18. Masturbation

Article 155

Whenever a Muhrim plays with his sexual organ and semen comes out, the ruling of that is the ruling of a man who has performed sexual intercourse with a woman which has been mentioned in past articles. If semen comes of because of playing with his wife or looking or visualizing such scenes, then atonement is not obligatory for him, but the obligatory precaution is that it has all rulings of intercourse which has been mentioned in past articles.

19. Killing Insects

Article 156

It is an obligatory precaution that a Muhrim does not kill insects like mosquitoes, flies, cootiea etc, even if they are on his/her body or clothes or not, and does not kill any moving creature, unless they cause him/her annoyance or if they are malefic and dangerous like snake, scorpion etc. An obligatory precaution is that the Muhrim does not fling the aforesaid insects from the body, and if he/she has done it involuntarily, then he/she should give some food to a poor person.

20. Extracting blood from the body

Article 157

Extracting blood from the body even it is done by phlebotomy, surgery, brushing or scratching in the way that blood extracted from the body, in other than the cases of necessity is Makrooh (disliked) and because some of Faqihs have consider it as Haraam, then the Mustahab precaution is to renounce that. It is even better to abstain from giving blood by today’s methods in the state of Ihram, except in cases of necessity and for saving the life of a Muslim.

21. Tooth extraction

Article 158

The ruling for tooth extraction is that if it causes bleeding then as the same as past article, it means that this act is Makrooh. But if does not cause bleeding then it is not a problem, although Mustahab precaution is to renounce that.

22. Telling Lies, Insulting and Priding

Article 159

Lying and insulting are Haraam in any condition, but these are inhibited especially in the state of Ihram, it means these are from the act of which a Muhrim should renounce in performing them. It is an obligatory precaution to abstain from expressing the superiority of himself/herself to others or expressing the weakness of others against himself/herself, and these three acts have been collected in the term “Fosuq” according to some Hadees quoted from the infallibles (a.s.) in the holy verse;

فَلا رَفَثَ وَ لا فُسُوقَ وَ لا جِدالَ فى الْحَجّ

Let there be no obscenity, nor wickedness, nor wrangling in the Hajj. (2:197)

Thus whenever a Muhrim perform these acts, he/she has done wrong but the Ihram is not invalidated, and the atonement of that is Istighfar (asking forgiveness from Allah). It is better than a person abstain from saying anything bad, evil and incompatible to the soul of Hajj and say nothing other than good words.

23. Disputing and Fighting

Article 160

“Dispute” is prohibited in the state of Ihram as it is mentioned in the verse above, and here the purpose of “Dispute” is that swearing to Allah from enmity and hatred of another person for proving a matter and saying “بَلی وَ الله” it means that “Yes, I swear Allah that the matter is like this”, or saying “لا وَ الله” which means “No, I swear Allah that the matter is not like this” and there is no difference between Arabic, Persian or any other languages, any expression which has this meaning is Haraam to say in the state of Ihram.

Article 161

True or false swearing is the same in this ruling, but if it is false then it’s atonement is one sheep at the first time, and if it is true and it is repeated three times, then the atonement is one sheep. But there is no atonement for saying less than three times, although it is an illegal act and a Muhrim should ask forgiveness from Allah.

Article 162

It is better that a Muhrim abstains from any kind of dispute, debate and enmity in the state of Ihram, although it performs without swearing statements which has been said before, but expressing hatred and disgust and avoidance of enemies of Islam does not only harm the Ihram, but it is one of the duties of Muslims against infidels.

Article 163

Whenever a Muhrim says“I swear to Allah that do not perform this act” because of kindness (not because of enmity) or says that“I swear to Allah to let me do it for you” then this is not Haraam and has not atonement.

24. Huting desert animals

Article 164

Hunting desert animals or slaughtering them is Haraam in the state of Ihram, also hunting of birds is Haraam in this state and there is no difference that a Muhrim hunts alone or with the help of the others. Also pointing and referring the animal to the hunter, or tying and keeping the animal or eating the meat of a hunted animal (although another person has hunted or the Muhrim has hunted that animal before Ihram) are Haraam.

Article 165

Killing grasshoppers is not permitted for a Muhrim, therefore if he/she is passing a way in which there are grasshoppers, then he/she should change his/her way if it is possible, and if it is not he/she should be aware not to trample them. But it has no problem in inevitable case or if it causes strong hardness and discomfort, also the killing of harmful animals like snakes, scorpions and ferocious animals is permitted when they cause danger.

Article 166

Zebh of livestock and farm animals like cow, sheep and camel has no problem in the state of Ihram.

Article 167

Hunting sea animals is permitted for Muhrim.

Article 168

A specific atonement had been defined for killing any desert animals. But because today this act is not common, we abstain from mentioning that matter in order not to lengthen the discussion.

25. Carrying weapons

Article 169

A Muhrim should not carry weapons with himself/herself even if they are cold weapons or firearms, but it is a precaution not to use defensive weapons like shield etc. But in the cases of necessity, danger and fear from thieves, ferocious animals and enemies, using any necessary weapon is permitted.

Article 170

The thing, which is Haraam, is to carry the weapon like having a sword on the waist or having a gun on the shoulder or carrying it by hand. But if these are placed in the house, tent or trunk of a car of a Muhrim then it does not harm his/her Ihram although it is a mustahab precaution to abstain from that except in the case of necessity.

Article 171

Whenever a Muhrim carries a weapon deliberately, then the atonement of this act is one sheep as a precaution.