The Rites of Hajj, Practical Treatise and Rules

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The Rites of Hajj, Practical Treatise and Rules Author:
Translator: Bahador Shirazian
Publisher: www.al-islam.org
Category: Various Books

The Rites of Hajj, Practical Treatise and Rules

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Author: Ayatullah Makarim Shirazi
Translator: Bahador Shirazian
Publisher: www.al-islam.org
Category: visits: 10639
Download: 3436

The Rites of Hajj, Practical Treatise and Rules
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The Rites of Hajj, Practical Treatise and Rules

The Rites of Hajj, Practical Treatise and Rules

Author:
Publisher: www.al-islam.org
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought


Notice:
This book is taken from www.al-islam.org, edited, corrected some mistakes specially in arabic texts and put in several formats for better use
.

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.