The intention of ihraam for making ‘umrah, Hajj, or ‘umrah and Hajj is said by reciting the talbiyyah: “Labbaika allaahumma bi Hajjah wa ‘umrah” or “bi ‘umrah.” “Here I am O Allaah I am
Trang 1ةﺮﻤﻌﻟاو ﺞﺤﻟا
ةﺮﻤﻌﻟاو ﺞﺤﻟا
ﻟا ﺦﻴﺸ
ﷲا ﻪﻤﺣر ﺢﻟﺎﺼﻟا ﺢﻟﺎﺻ رﻮﺘﻛد
SHAYKH DR SALEH AS-SALEH (RAHIMAHULLAAH)
Trang 2Chapter 1: Introduction ……… 5
Chapter 2: “Take From Me Your Rites of Hajj”……… 7
Chapter 3: Hajj and ‘Uboodiyyah to Allaah ……… 8
Chapter 4: Contemplations ……… 10
Chapter 5: Prior to Hajj and/or Umrah……… 15
Chapter 6: The Pillars of Hajj ……… 16
Chapter 7: The Waajibaat (Obligatory Acts) of Hajj……… 17
Chapter 8: Mahthoorat Al-Ihraam (Prohibited Acts During Ihraam)……… 18
Chapter 9: Prohibited Acts within the Precincts of the Haram……… 19
Chapter 10: Types of Hajj……… 20
Chapter 11: The Rituals of Hajj……… 21
Chapter 12: Reminders ……… 25
Chapter 13: The Reward ……… 26
2 Hajj: Points of Benefit 27 Chapter 1: Rulings ……… 28
Chapter 2: Conditions Obligating the Hajj……… 30
Chapter 3: Delegating in Hajj……… 38
Chapter 4: Al-Hajj Al-Mabroor ……… 42
Chapter 5: Must the Hajj be Done Promptly Without Delay or at Ease?……… 43
Chapter 6: Hajj of the Child……… 45
Chapter 7: Hajj of the Insane……… 47
Chapter 8: Mawaaqeet of Hajj……… 48
Chapter 9: Ihraam……… 52
Chapter 10: Types of Hajj……… 57
Chapter 11: Conditions of Hadee (Sacrificial Animal) ……… 60
Chapter 12: Menses in `Umrah or Hajj……… 61
Chapter 13: Talbiyyah……… 63
Chapter 14: Prohibited Things during Ihraam……… 69
Chapter 15: Expiations for Violating the Conditions of Ihraam……… 77
Chapter 16: Forbidden Acts within the Sacred Area of the Haram……… 80
Chapter 17: Entering Makkah ……… 84
Chapter 18: Tawaaf……… 85
Chapter 19: Conditions of Tawaaf……… 94
Chapter 20: Completion of Tawaaf……… 95
Chapter 21: Sa'ee……… 96
Trang 3Chapter 22: Conditions of Sa`ee……… 99
Chapter 23: Shaving or Shortening the Hair……… 100
Chapter 24: The Day of ‘Arafah Falling on a Friday……… 101
Chapter 25: Staying in Muzdalifah ……… 104
Chapter 26: Leaving from Muzdalifah to Minaa……… 107
Chapter 27: Minaa……… 109
Chapter 28: Rulings on Casting the Pebbles (Ar-Ramee)……… 111
Chapter 29: The Rituals on the 10th –13th Dhul-Hijjah……… 114
Chapter 30: Farewell Tawaaf (Tawaaful-Wadaa’)……… 118
Chapter 31: Leaving Makkah……… 119
Chapter 32: Fawaat and Ihsaar……… 120
Chapter 33: Pillars and Obligations of `Umrah and Hajj……… 123
Chapter 34: Hadee and Udhiyyah……… 125
3 Hajj: Questions and Answers 143 1 What is the meaning of al-Hajj al-Mabroor?……… 144
2 Why was the Ka’bah called ‘Baytullaah al-Haraam’?……… 147
3 Who was the one who built the Ka’bah?……… ………… 149
4 Why is the Ka’bah given this name?……… 149
5 Is looking at the Ka’bah worship?……… ……… 150
6 Is trading permissible during Hajj and ‘Umrah?……… ……….………… 150
7 Is Hajj ordained upon the Jinn?……… ……….………… 151
8 Can one make Hajj on behalf on the Messenger and his Companions ? ……… 153
9 What are the stopping stations in Hajj? ……… 154
10 Did the Prophet complete the ‘Umrah of Hudaybiyyah?……… 155
11 How many ‘Umrahs did the Prophet make and what were they?……… 155
12 What is the difference between Tawaaf al-Qudoom, Tawaaf al-Ifaadah and Tawaf al-Widaa?… 156
Trang 5ﻪﻟ ﻚﻳﺮﺷ ﻻ هﺪﺣو ﷲا ﻻإ ﻪﻟإ ﻻ نأ ﺪﻬﺷأو
.
ﻢﻠﺳو ﻪﺒﺤﺻو ﻪﻟآ ﻰﻠﻋو ﻪﻴﻠﻋ ﷲا ﻰﻠﺻ ﻪﻟﻮﺳرو هﺪﺒﻋ اًﺪﻤﺤﻣ نأ ﺪﻬﺷأو
All Praise is due to Allaah; we praise Him, and seek His help and forgiveness We seek refuge in Allaah, Most High, from the evils of our own selves and from our wicked deeds Whomever Allaah guides cannot be misguided, and whomever He leads astray cannot be guided I testify that there is no true God worthy of being worshipped except Allaah, alone, without partner or associate I further testify that Muhammad is His slave and Messenger ()1 May Allaah’s salaah and salaam also be granted to the Prophet’s pure family and to all of his noble companions.
O you who believe! Fear Allaah [by doing all that He ordered and abstaining from all that He
forbade] as He should be feared [obey Him, be thankful to Him, and remember Him always]
and die not except in a state of Islaam [as Muslims with complete submission to Allaah]
(Qur’aan 3:102)
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O mankind! Be dutiful to your Rabb2
[Allaah], Who created you from a single person [Adam] and from him [Adam] He created his wife [Eve], and from them both He created
many men and women And fear Allaah through Whom you demand your mutual [rights]
1
(sallallaahu ‘alayhi wasallam) The salaah and salaam of Allaah be upon His Prophet Muhammad The salaah of Allaah
upon Prophet Muhammad is His Praise of the Prophet before the angels who are close to (but below) Allaah, the
Most High, who istawaa (ascended) upon His ‘arsh (Throne), which is above the seven skies, in a manner that suits His Majesty The angels also praise the Prophet The salaam is Allaah’s safeguarding of the Prophet from deficiencies and any kind of evil When the Muslim says (sallallaahu ‘alayhi wasallam), he invokes Allaah to grant His Praise and Security to Prophet Muhammad [See Ibnul Qayyim’s jalaa’ul afhaam fee fadlis-salaati-wa-salaam ‘alaa
muhammadin khairil ‘anaam, (Damascus: daar ibn katheer, and Al-Madeenah, Saudi Arabia: daar at-turaath,
1408Hj/1988), p.128.]
2
Rabb: Allaah is Ar-Rabb He is the One Who gave all things the power to grow, to move and to change, to Whom belongs the Creation and Commandment; the Master Who has no equal in His Sovereignty, Predominance, and Highness, The One Who Provides for and Sustains all that exists
Trang 6and [do not cut the relations of] the wombs [kinship] Surely, Allaah is ever an All-Watcher
over you (Qur’aan 4:1)
O you who believe! Keep your duty to Allaah and fear Him, and speak [always] the truth
He will direct you to do righteous good deeds and will forgive you your sins And whosoever obeys Allaah and His Messenger has indeed achieved a great success
(Qur’aan 33:70-71)
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It proceeds that the most truthful speech is that of Allaah's Book [the Qur’aan] and that the best
of guidance is that of Muhammad The worst of evils are muhdathaatuha (newly-invented matters [in the deen]3), and every innovated matter (in the deen) is a bid’ah; every bid’ah is a dalaalah (misguidance), and every dalaalah is in the Fire of Hell
3
Deen: The practical and doctrinal aspects of deen are more comprehensive than the western concept of religion It is
the way of life prescribed by Allaah, i.e Islaam
Trang 7Chapter 2: “Take From Me Your Rites of Hajj”
7
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The Prophet () said: “Take From Me Your Rites of Hajj”
Hajj is an act of worship that must be devoted only to Allaah It is a declaration and a
manifestation of the belief in the Oneness (tawheed) of Allaah It is a time to call upon Allaah to purify the self from any worship to other than Him The Muslim who declares the talbiyyah: (Labbaika allaahumma labbaik labbaika laa shareeka laka labbaik; innal-hamda wan-ni'mata laka wal
mulk, laa shareeka lak) understands that it is a du’aa that means:
“Here I am O Allaah, here I am Here I am, You have no partner, here I am Surely all praise is due to You,
and every bounty is from You, and all dominion is Yours, and You have no partner.”
The Muslim, therefore, should submit himself completely (mentally, spiritually, and physically) to Allaah Alone No worship should be devoted to statues, tombs, religious leaders, righteous men (dead or alive) or any part of the creation!
The tawheed of Allaah requires the Muslim to follow the perfect way of worship This is the way (sunnah) of Muhammad as understood by the sahaabah (the companions of the Prophet ),
who were the best of mankind
Hajj is to set out for Makkah to worship Allaah by performing certain religious rites in
accordance with the Prophet's sunnah Allaah 4 says:
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And Pilgrimage to the House is a duty on mankind [owed] to Allaah for whoever can find
a way there (Qur’aan 3:97)
And properly perform the Hajj and ‘Umrah for Allaah (Qur’aan 2:196)
The Prophet said: “Whoever performs Hajj (solely for Allaah) and in the course of it abstains from
sensual and sinful acts, he will return as pure as on the day his mother gave birth to him.”5
Trang 8Chapter 3: Hajj and ‘Uboodiyyah to Allaah
Hajj is an act of ‘uboodiyyah to Allaah ‘Uboodiyyah is a comprehensive term that asserts the
meaning of the aayah:
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You Alone do we worship and You Alone do we seek for Help (Qur’aan 1:5)
It comprises the slavery of the heart, tongue, and limbs to Allaah تعلاٮ The slavery of the heart
includes both the qawl (sayings of the heart) and ‘amaal (actions of the heart) The qawl of the heart is the belief (i’tiqaad) in what Allaah has informed about His Self, His Names and
Attributes, His Actions, His Angels, and all that which He revealed in His Book and sent upon the tongue of His Messenger Muhammad
The ‘amaal of the heart include love for Allaah, reliance upon Him, turning to Him in repentance, fearing Him, having hope in him, devoting the deen sincerely to Him, having patience in what He
orders and forbids, having patience with His decrees and being pleased with them, having allegiance for His pleasure, having humility for Him and humbling oneself in front of Him, and becoming tranquil with Him
The qawl (saying) of the tongue is to convey what Allaah has revealed (in the Qur’aan and in the authentic sunnah regarding Himself, His Names and Attributes, His Actions, His Commands, His Prohibitions, and all that is related to this deen), to call to it, defend it, to expose the false
innovations which oppose it, and to establish its remembrance and to convey what it orders
The ‘amaal (actions) of the limbs include the salaat (prayers), Hajj, jihaad, attending the jumu’ah prayers and the rest of the jamaa’aat (congregational prayers), assisting the weak, acting with
goodness and kindness to the creation, and other such acts
This comprehensive meaning of the ‘uboodiyyah (or “of slavery” to Allaah) is a specific type of
‘uboodiyyah The people who fall under this type of ‘uboodiyyah are the believers who obey, love,
and sincerely follow the deen of Allaah, Most High
The second type of ‘uboodiyyah is the general one in which all creatures in the heavens and in the
earth are subdued to Allaah’s sovereign Authority and Power; everything is subservient to His Will, and Authority; nothing occurs or ceases to occur except by His leave; His is the Kingdom
and He disposes the affairs as He pleases This type of ‘uboodiyyah is known as the ‘uboodiyyah of
qahr (Subduing) and mulk (Sovereignty, Kingship, Possession, Mastership, etc.)
Trang 9So, the part of the aayah signifying “You do we worship” asserts the adherence to the four
principles of the ‘uboodiyyah:
(1) The sayings of the heart,
(2) The actions of the heart,
(3) The sayings of the tongue, and
(4) The actions of the limbs
The other part, “You Alone do we seek for Help,” stresses the fact that the believer must ask
Allaah alone to help him establish the ‘uboodiyyah and succeed in executing all what it requires.6
6 See Imaam Ibnul Qayyim’s madaarij-us-saalikeen (last edition), [Beirut, Lebanon, daar al-fikr, 1408/1988], V.1,
pp.100-101;105 (with a slight adaptation)
Trang 10Chapter 4: Contemplations
1 This is a journey that was taken by Prophets and Messengers before you Those who take by
the path of the Prophets magnify the tawheed of Allaah and His House There are those, however, who come to perform Hajj and their hearts are attached to other than Allaah They invoke the dead and the righteous, whether present or absent This is the opposite of tawheed; it is shirk no
matter what they call it because it is setting up rivals besides Allaah So, free your intention from any kind of devotion to other than Allaah Repent and come with a sincere heart submitting to Allaah remembering what Ibraaheem and his son Ismaa’eel said when they were raising the
foundations of Allaah’s House, the ka’bah:
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“O our Rabb! Accept from us and make us submit to You in Islaam and show us our
manaasik [all the rite of Hajj] and accept our repentance.” (Qur’aan 2:128)
2 You are set to depart and you may or may not return to your home Make this journey to
Allaah’s House as Allaah wants it Think of the next journey that is surely coming, the one that leads to the meeting of Allaah, Most High This raises questions like: What did I prepare for that
Day? Am I following Allaah’s Commands? Am I a follower of the sunnah of Muhammad ? Do
I really know of Allaah? Am I a believer that Allaah is above the seven heavens over His ‘arsh as
He has stated in His Book and as His Messengers have asserted? Am I a believer that Allaah has
a true Face that suits His Majesty as He has affirmed in the Qur’aan and as has been affirmed by His Prophet Muhammad ? Am I believer in all of Allaah’s Names, Attributes and Actions which He has affirmed in His Book and by His Messengers? Or do I just take and accept by my doubt, rejecting, or distorting7 the meanings of Allaah’s Attributes and Actions?
And invoke not any other ilaah [god] along with Allaah, la ilaaha ilaa huwa [none has the
right to be worshipped but He], everything will perish save His Face His is the Decision,
and to Him [all] shall be returned (Qur’aan 28:88)
7 Through what is called figurative interpretation of His Attributes
Trang 113 Know, may Allaah’s Mercy be upon you, that when you reach the meeqaat there is another
meeqaat that is still to come It is the meeqaat (appointed meeting) on the Day of Resurrection:
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Say [O Muhammad ]: “[Yes] verily, those of old, and those of later times All will surely
be gathered together for an appointed Meeting of a known Day (Qur’aan 56: 49-50)
4 When you start saying the talbiyyah remember the Command of Allaah to Prophet
Ibraaheem :
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And proclaim to mankind the Hajj They will come to you on foot and on every lean
camel; they will come from deep and distant [wide] mountain highways [to perform Hajj]
(Qur’aan 22:27)
The talbiyyah you make is in response to Prophet Ibraaheem’s proclamation to visit Allaah’s
house of worship Allaah is Most Great
5 Upon entering Makkah remember that you are in the Secure Sanctuary:
6 You will enter one of the gates of al-masjid al-haraam Then there you are before the
magnificent House of Allaah, Most High, and the ka’bah Now you see what you hoped to see
for a long time Thank Allaah for making this possible and hope that He will grant you the
Trang 12greatest reward of seeing His Majestic Face on the Day of Resurrection This thankfulness is not
just in saying “alhamdu-lillaah,” but also by obeying Allaah while on Hajj and for the rest of your
life
7 You start your tawaaf knowing that it is a great time for magnifying Allaah the Exalted
Remember Him by His Names, Attributes, and Actions Also while in tawaaf try to reflect
upon the time when Prophet Muhammad was prevented from doing the same thing you are doing today Then think about what he did in clearing out the site from the symbols signifying
worship to other than Allaah! All idols were demolished Busy yourself with du’aa Ask Allaah, the Most Great, to make you hold to the correct belief and Path of the salaf and make you die on
it Ask Allaah to save you from all forms of shirk and bid’ah
8 While in sa’yee, contemplate on Haajar, the mother of Ismaa’eel, when she asked her husband
Ibraaheem : “Did Allaah order you to do this (leaving her and her baby Ismaa’eel in Makkah)?
He said: “Yes.” Her great response was: “Then He (Allaah) will not neglect us!” Think about this
great dependence upon Allaah when you are in the sa’yee walking the same path which Haajar took in search for water and for the means of life around the mounts of safa and marwah Think about her endurance, perseverance and trust in Allaah The sa’yee exemplifies the strong belief
that we are in need for the One Who Sustains and Provides: Allaah, the Exalted
Think about Ibraaheem’s invocation on his way homeward to Palestine:
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O our Rabb! I have made some of my offspring to dwell in a valley with no cultivation,
by Your Sacred House [the ka’bah at Makkah]; in order, O our Rabb, that they may offer prayers perfectly, so fill some hearts among men with love towards them, and [O Allaah]
provide them with fruits so that they may give thanks (Qur’aan 14:37)
Men and fruits came to Makkah from many places Ibraaheem returned to visit and later to
share with his son Ismaa’eel the noble task of raising the foundations of the ka’bah
9 The standing on ‘arafaat is the Hajj The crowds should remind you of the Day of
Resurrection Humble yourself to Allaah, manifest your ‘uboodiyyah to Him Alone through du’aa
and sincere intention and strong determination to free yourself from the sins of the past and to
Trang 13build up a commitment to rush for doing what is good Think of becoming a better person when you return Rid yourself of the false pride and showing off because it may ruin what you may gain on this day
10 You gathered the pebbles and you are about to embark on stoning the jamaraat This is an act
of obedience and remembrance of Allaah, Most Magnificent The Prophet said:
“ﺔﻣﺎﻴﻘﻟا مﻮﻳ ارﻮﻧ ﻚﻟ نﺎﻛ رﺎﻤﳉا ﺖﻴﻣر اذإ”
“When you cast the small pebbles (i.e at the jamaraat), it will be a light for you on the Day of Resurrection.”8
11 When performing the sacrifice remember the saying of Allaah, the Most High:
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It is neither their meat nor their blood that reaches Allaah, but it is your devotion that
reaches Him (Qur’aan 22:37)
12 When you have completed your Hajj, do not think that the remembrance of Allaah has
ended Listen to what Allaah says:
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So when you have accomplished your manaasik [i.e the rites of Hajj] remember Allaah as
you remember your forefathers or with a far more remembrance (Qur’aan 2:200)
Special note: If you intend to go Madeenah then the objective of your visit should be according
to the sunnah and not bid’ah Your intention is to set on a journey to visit the Prophet’s mosque
and not his grave When you reach the mosque and you pray upon entering then you may go to
the grave and say, “As-salaamu ‘alayka ayyuhan-nabiyy.”9 The same salaam is also mentioned when
you pass by Abu Bakr and ‘Umar (امھنع ﷲ يضر) without innovations like:
The position of the scholars regarding visiting the gravesites by women can be summarized as follows:
(a) Disliked but not unlawful,
(b) Allowable, if done infrequently If a woman is known as being unable to behave herself within the limits of
sharee’ah at a gravesite, then she should be prevented from visiting the graves
(c) Forbidden, and
Trang 141 Visiting the grave of the Prophet before praying in the mosque
2 Making du’aa facing the grave.
3 Seeking nearness to Allaah by means of the Prophet This is a prohibited form of
tawassul.
4 Seeking intercession from the Prophet
5 Placing the hands upon the grills around the room containing the Prophet’s grave to seek blessings, etc.10
Remember the Prophet’s sayings:
“Those before you took the graves of their Prophets as places of worship Do not take graves as places of worship
for verily I forbid you to do so.”13
13 The journey is not meant to gain any material reward It is a selfless sacrifice solely for Allaah,
Most Majestic It demands true love and fear of Him It should be performed with full consciousness of one’s heart, with full humility and submission to Allaah It should not be thought of as a tourist-type excursion or be performed as mere physical rites It develops sincerity, piety, humility, self-control, sacrifice, and true knowledge of the meaning of submission and obedience to Allaah, Most High It helps the pilgrim to be a better person who is devoted to Allaah in every aspect of his life
(d) A grave sin
Many scholars state that women visiting the Prophet’s mosque may pronounce the salaam upon the Prophet away from the gravesite since it is confirmed by many ahaadeeth that the salaam is related to the Prophet wherever the person may be The Prophet is in a state of barzakh (a state of existence that begins with death and lasts until the Day of Resurrection), the nature of which is only known to Allaah, Most High [See ash-mharhul mumti’, V.5, pp.475-
478]
10 Refer to Shayekh Al-Albaani’s book manaasik al-Hajj wal ‘umrah for more details
11 Collected by Abu Daawood, [sunan abee daawood (English Translation), V.2, pp 542-543, hadeeth #2037], and Ahmad (2:367) Shayekh Al-Albaani stated that its isnaad (chain of narrators) is hasan (correct) [See tahtheer as-saajid
min ittikhaathil quboor masaajid by Shayekh Muhammad Naasirud-Deen Al-Albaani (4th edition), [Beirut: maktab islaami, 1403/1983], p.97]
al-12 Collected by Al-Bukhaaree [saheeh al-bukhaaree (Arabic/English), V.2, p.232, hadeeth #414], and Muslim [saheeh
muslim (English trans.), V.1, p.268, hadeeth #1074], Abu Daawood, At-Tirmithee, An-Nassaa’i, and Ibn Maajah
13 Saheeh muslim, (English trans.), V.1, p 269, hadeeth #1083
Trang 15Chapter 5: Prior to Hajj and/or Umrah
The Muslim should:
1 Purify his creed (‘aqeedah) from any aspects of shirk, greater or lesser, as shirk destroys
one’s deeds
2 Devote his Hajj purely and sincerely for Allaah
3 Sincerely repent for all of his sins
4 Acquire knowledge about Hajj and its rites
5 Use halaal (lawful) means to support this great journey, taking what he will require (i.e
not begging while on Hajj to meet his needs.)
6 Record all of his debts and include them in his Islamic Will
7 Relieve himself from any kind of injustice which he may have inflicted upon others
8 Secure the needs of his family members whom he leaves home
9 Accompany the knowledgeable and righteous Muslims and stay away from the mubtadi’ah
(innovators in deen)
10 Perform salaat on time and as prescribed during the journey and in the Hajj period
11 Safeguard his tongue from backbiting, arguing, complaining, etc
12 Keep his beard and not shave it for Hajj or for any other reason, as this is prohibited
13 Remember that it is unlawful for men to wear gold (rings included)
Trang 16Chapter 6: The Pillars of Hajj
The Muslim’s Hajj is valid when the following pillars of Hajj are performed:
1 Ihraam (intention) of performing the rituals at anyone of the five meeqats (appointed
boundaries) This is known as the state of ihraam
2 Wuqoof (standing) on 'arafaat
3 Tawaaf: Walking seven times around the ka'bah
4 Sa’yee: The walk made between Mount safaa and Mount marwah, a total of 7 one- way
trips, beginning at safaa
Missing any of these pillars, whether intentionally or unintentionally, invalidates ones Hajj
Trang 17Chapter 7: The Waajibaat (Obligatory Acts) of Hajj
1 Ihraam (putting on the clothing of ihraam)
2 Wuqoof on 'arafaat until the sun sets
3 Staying one night at Muzdalifah
4 Staying in Mina during the days and nights of tashreeq: the 11th and 12th of Dhul-Hijjah
(for those leaving before the sun sets on the 12th day) and the 13th for those remaining
5 Stoning the jamaraat (with pebbles)
6 Shaving or clipping the hair
7 Farewell tawaaf (except for menstruating women)
According to many scholars, if any of the above actions is missed, the person should make up
for that by offering an animal as fidyah (compensation): An animal is sacrificed and distributed to the needy of the haram.14
14
This is based upon the saying of Ibn ‘Abbaas امھنع ﷲ يضر: “A person who forgets an act of the rituals (of Hajj)
or intentionally abandons it, let him shed the blood of (a sacrificial animal).”
Other scholars indicate that this is an ijtihaad (a scholarly opinion) on the part of Ibn ‘Abbaas امھنع ﷲ يضر since
there is no authentic report that the Prophet actually ordered such compensation, and Allaah knows best
Ash-Shayekh Muhammad bin Saalih Al-’Uthaymeen holds the opinion that if the person violating an obligatory ritual is unable to compensate by slaughtering a sacrificial animal, then he (or she) should sincerely repent and ask Allaah for forgiveness and there is no fasting upon him (her)
Trang 18Chapter 8: Mahthoorat Al-Ihraam (Prohibited Acts During Ihraam)
1 Clipping or shaving the hair.15
2 Clipping one's nails
3 Wearing stitched cloth (for males)
4 Perfuming after ihraam.16
5 Males directly covering their heads
6 Marriage contract.17
7 Sexual advances towards one’s spouse
8 Deliberate sexual intercourse.18
9 Hunting wild animals.19
There is no expiation if what is prohibited in the state of ihraam is done out of ignorance,
forgetfulness, or against one’s will
15 If the pilgrim shaves his hair because of ailment in his (her) scalp then he (she) must compensate by doing one of three choices: (a) Three days of fasting, (b) offering an animal sacrifice (sheep or goat), or (c) feeding six (6) poor people
16 This is always prohibited for women if the scent would reach non-mahram men This applies to any scent, not just
perfume
17 It is a sinful act and the contract is invalid The Prophet said: “A Muhrim must not marry himself, nor arrange the
marriage of another one, nor should he make the proposal of marriage.” Recorded by Muslim [saheeh muslim (English
translation), V.2, hadeeth #3278] However, there is no evidence that necessitates a fidyah upon finalizing a marriage contract in state of ihraam
18 It is a sinful deed which invalidates the Hajj if it takes place prior to the stoning of jamaratul ‘aqabah on the morning of Day 10 Both must repent, continue the rituals, make up the Hajj in the next year without delay and offer an animal (camel or cow) as fidyah
If the wife unwillingly yields to the intercourse then there is nothing upon her and her Hajj continues to be valid
If, on the other hand, the deliberate intercourse takes place after the stoning of the ‘aqabah and prior to tawaaf
al-ifaadah, then according to the majority of the scholars, the Hajj is not invalidated but a fidyah (one sheep or goat, or
one-seventh of a camel or a cow) offering is a must (See Shayekh Ibn ‘Uthaymeen’s ash-sharhul mumti’ ‘ala aaadil
mustaqni’ (1st edition), [Riyadh, Saudi Arabia: mu’assasat aasaam,1416Hj], pp.173-186, where authentic narrations from
Ibn ‘Abbaas and Ibn ‘Umar مھنع ﷲ يضر are detailed on pp.182-183)
19 Allaah Says (what means): “O you who believe! Kill not game while you are in a state of ihraam [for Hajj
or ‘umrah], and whosoever of you kills it intentionally, the penalty is an offering brought to the ka’bah , of an eatable animal (i.e sheep, goat, cow, etc.) equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed masaakeen (poor persons), or its equivalent in sawm (fasting),
that he may taste the heaviness (punishment) of his deed.” (Qur’aan 5:95)
Trang 19Chapter 9: Prohibited Acts within the Precincts of the Haram20
The Prophet said: “Ibraheem declared Makkah sacred and made supplication for its people; and I declare
Al-Madeenah to be sacred as Ibraaheem declared Makkah sacred ”21
The following actions are forbidden in the haram sanctuary:22
1 Game hunting, chasing (or disturbing) or molesting.23
2 Cutting thorny bushes
3 Cutting trees and vegetation (fresh grass).24
4 Al-luqata (dropped articles, an article found, more precisely “picked up”) The Prophet
stated that: “Things dropped (or fallen) in it (i.e the haram territory) should not picked up except
by the one who would announce it publicly.”25
5 Carrying weapons.26
20 The Haram: “The forbidden” is the name of the sacred areas of the two cities of Makkah and Al-Madeenah
Certain things and functions are forbidden within its boundaries while being permitted elsewhere The boundaries of
the sacred area in Makkah are marked: 1) Tan’eem, 6 Kilometers (Km.) to the North, 2) Adaat laban, 12 Km to the South, 3) Al-ju’raanah, 16 Km to the East, 4) Waadi nakhlah, 14Km North-East of the city, and 5) Formerly Al-
hudaybiyah, 15 Km to the West (on Ash-shmaysi road)
The sacred area in Al-Madeenah lies between the two mountains ‘aeer (south of the city) and thaur (a red mountain to the north of the city beyond the uhud mountain (See Shayekh Saalih As-Sadlaan’s commentary on manhaj as-saalik by Muhammad Al-Bayumi Ad-Damanhuri (1st edition), [Riyadh, Saudi Arabia, daar balansyah, 1417Hj], pp.444-459)
Except in Al-Madeenah where a man may take from the trees for the fodder of his camel This has been reported by
Abu Daawood in his sunan, hadeeth #2030 and 2031 Ash-Shayekh al-muhaddith (scholar of hadeeth and its fiqh) Muhammad Naasirud-Deen Al-Albaani graded hadeeth #2030 as authentic as in saheeh sunan abee daawood #2035 The Prophet excluded one kind of grass (al-ithkir) from the forbidden list in the Makkah haram This kind of grass is
used by goldsmiths and as a protective layer in the roofs of houses built from mud It is also inserted between mud
blocks laid above the deceased in the grave Some scholars permit taking from the grass of Al-Madeenah haram as
well They also state that what is grown or planted by humans is not unlawful to cut [See Shayekh Muhammad
Al-’Uthaymeen’s ash-sharhul mumti’ ‘ala zaadil mustaqni’, V.7, pp.250-260]
21
An agreed upon hadeeth Contrary to what is stated by many Muslims as well as in the news media, there is no
haram that is legally assigned to Al-Masjid Al-Aqsa or Masjid Ibraaheem in Al-Khaleel (Hebron), Palestine
22
Evidence is mostly reported in Al-Bukhaaree and Muslim See saheeh al-Bukhaaree (Arabic/English) V.2, hadeeth
#657 and V.3, hadeeth #59, 60, 91; saheeh muslim (English translation), V.2, hadeeth #3139-3144
23
Although it is a sinful act, there is no prescribed penalty for game hunting in the haram territory of Al-Madeenah
24 Except in Al-Madeenah where a man may take from the trees for the fodder of his camel This has been reported
by Abu Daawood in his sunan, hadeeth #2030 and 2031 Ash-Shayekh al-muhaddith (scholar of hadeeth and its fiqh) Muhammad Naasirud-Deen Al-Albaani graded hadeeth #2030 as authentic as in saheeh sunan abee daawood #2035 The Prophet excluded one kind of grass (al-ithkir) from the forbidden list in the Makkah haram This kind of grass is
used by goldsmiths and as a protective layer in the roofs of houses built from mud It is also inserted between mud
blocks laid above the deceased in the grave Some scholars permit taking from the grass of Al-Madeenah haram as
well They also state that what is grown or planted by humans is not unlawful to cut [See Shayekh Muhammad
Al-’Uthaymeen’s ash-sharhul mumti’ ‘ala zaadil mustaqni’, V.7, pp.250-260]
25 Agreed upon hadeeth
26 Except in dire necessity This is the position of a great number of scholars as Imaam An-Nawaawi اھلل رحمھ stated
in his commentary on saheeh muslim (Arabic text) (See saheeh muslim, commentary by Imaam An-Nawawi (1st edition), [Riyadh, Saudi Arabia: daar al-muayed, 1414/1994], V.9, p.134, Chapter 83, #3294)
Trang 20Chapter 10: Types of Hajj
1 Tamattu' (Enjoyable Hajj): ‘umrah and Hajj are combined, but a separate ihraam (intention) is
made for ‘umrah and a new ihraam is made for the Hajj after completion of ‘umrah The new
ihraam is made on the 8th of Dhul-Hijjah for performing the rites of Hajj Therefore, the pilgrim
makes ihraam, tawaaf, sa’yee, and then clips his hair After this, he leaves the state of ihraam, having completed ‘umrah On the 8th day of the month, he makes ihraam (intention) for Hajj and
performs all of its rites
2 Qiraan (Combination): ‘umrah and Hajj are combined in one state of ihraam At ihraam he
intends Hajj and ‘umrah (or ‘umrah first then intends Hajj with it before starting the tawaaf of
Arrival)
The pilgrim makes tawaaf and sa’yee He must stay in his state of ihraam (if he carries a sacrificial animal with him) until he completes the Hajj If he did not carry a sacrificial animal he should change to Hajj tamattu' and come out of ihraam (clipping his hair).27 He may delay the first sa’yee and perform it later with tawaaf of ifaadah
3 Ifraad (Isolated or Singular Hajj): The person enters the state of ihraam with the intention of
doing Hajj only He is required to make tawaaf al-qudoom (tawaaf upon arrival) and remains in
ihraam till the end of Hajj
Stating A Condition: In case he fears that which may prevent him from performing Hajj (e.g
illness, fear, etc.) he may state the condition which the Prophet taught to his ummah, saying:
“ﲏَﺘْﺴَﺒَﺣ ُﺚْﻴَﺣ ﻲﻠَِﳏ ﻢﻬﻠﻟا”
“O Allaah, my place is wherever you hold me up.”28
So, if he is prevented or becomes disabled, then there is no expiation due upon him and he may
leave his state of ihraam He has to repeat his Hajj if it was his first (i.e his obligatory Hajj),
otherwise he need not do so
27 Some scholars state that anyone who has not brought a sacrificial animal with him should leave the state of ihraam after performing the ‘umrah as in tamattu’ The Prophet ordered the sahaabah to change to tamattu’ towards the end
of his life, and when he was asked whether he had done that only for that year or forever, he joined his fingers
together and said: “The ‘umrah has entered into the Hajj (i.e as in tamattu’) until the Day of Resurrection rather for ever and ever;
rather for ever and ever.” (authentic narration collected by Abu Daawood) Other scholars take his order as a preference
for tamattu’ over the other types of Hajj
An agreed upon hadeeth
28 An agreed upon hadeeth
Trang 21Chapter 11: The Rituals of Hajj
The Pilgrim should do the following on the following Days of Hajj in the month of Dhul-Hijjah:
D AY 8: THE DAY OF TALBIYYAH
1 Ihraam to perform Hajj It is recommended to bathe and oil oneself with scented perfume29
and to put on the two sheets of ihraam garments30 and a pair of stitched or unstitched sandals or footwear that does not cover the ankles if he does not find sandals or alike The intention of
ihraam (for making ‘umrah, Hajj, or ‘umrah and Hajj) is said by reciting the talbiyyah: “Labbaika allaahumma bi Hajjah wa ‘umrah” or “bi ‘umrah.” (“Here I am O Allaah I am answering Your Call,
making Hajj and ‘umrah” or “making ‘umrah”), as has preceded).31 The Pilgrim then begins the
talbiyyah of the Prophet in a loud voice:32 Labbaika allaahumma labbaik-, labbaika laa shareeka laka
labbaik, innal hamda wan-ni’mata laka wal mulk, laa shareeka lak
2 The Pilgrim leaves to Minaa where he prays Dhuhr, 'asr, maghrib, ishaa', and fajr The four-rak’ah
prayers are shortened to two rak’ahs but the prayers are not combined
29 For men only, and unscented perfume in the case of women
The Prophet said: “Jibreel came to me and ordered me to order my companions and those with me to raise their voices with
talbiyah (See saheeh sunan abee daawood) The talbiyah is said aloud (women may say it in a low voice so that she is not
heard by non-mahram men) but it is an innovation to say it as a group in one voice If you see it done in this
innovated manner by groups around you do not think that it is approved because no one is objecting!
30 The Prophet exposed his right shoulder and covered his left one during the seven rounds of tawaaf al-qudoom This is known as idtibaa' After this tawaaf, the pilgrim covers both shoulders Women may put on any dress as long
as it is loose, not beautified, does not imitate the dress of men and (or) that of the kufaar, not see-through, covers the whole body except face and hands (which she covers in the presence of non-mahram men) The belief that the woman's dress must be white or green is an innovation (bid’ah)
31 He does not say anything like “I intend to make Hajj and ‘umrah, or ‘umrah, so make it easy for me This is not the practice of the Prophet and it is a bid’ah
32 The Prophet said: “Jibreel came to me and ordered me to order my companions and those with me to raise their voices with
talbiyah (See saheeh sunan abee daawood) The talbiyah is said aloud (women may say it in a low voice so that she is not
heard by non-mahram men) but it is an innovation to say it as a group in one voice If you see it done in this
innovated manner by groups around you do not think that it is approved because no one is objecting!
Trang 22D AY 9: GOING TO `ARAFAAT
1 After sunrise, the pilgrim while making talbiyyah leaves for 'arafaat where combined and
shortened thurh and 'asr prayers should be performed in the time of Dhuhr 33
2 Wuqoof starts after the sun passes its zenith and after performing the Dhuhr and 'asr prayers All
of 'arafaat is a wuqoof area except for the plain of 'aranah
3 While on 'arafaat, the Muslim should do his best in remembrance of Allaah (making thikr),
asking forgiveness, and making du’aa
4 After sunset, the pilgrim leaves with calmness and tranquility for Muzdalifah and prays maghrib
and ishaa' delayed, combined (with one athaan and two iqaamahs), and shortened.34 The Muslim
stays the night at Muzdalifah until fajr The weak, old, and the disabled may leave Muzdalifah to Minaa after midnight It is better, however, if they stay till fajr
33 The two prayers are combined with one athaan and two iqaamahs (one for each prayer)
34 Note that the pebbles for stoning may be collected here, on the way to Minaa, or in Minaa the prayers should not
be delayed in Muzdalifah for this purpose Washing the pebbles is an innovation (bid’ah)
Trang 23D AY 10: THE DAY OF THE `EED
1 The pilgrim performs fajr prayer in Muzdalifah and abundantly remembers Allaah and invokes
upon Him The Muslim collects seven pebbles (the size of chickpeas) while in Muzdalifah, or
on his way to Minaa, or in Minaa
2 While in Minaa, the following should be performed:
(a) Stoning of jamaratul 'aqaba (closest to Makkah) with seven small stones saying takbeer
(“Allaahu Akbar”) with each throw
(b) Thabh (Slaughtering) the Sacrifice for those making Hajj of tamattu' or qiraan, after sunrise
and in Minaa, Makkah, or any place in the haram The Muslim may eat from this meat
and should give from it to the poor
(c) Clips or shaves (shaving is better) his head
The woman takes off the size of a finger-tip (half inch) of hair from each of her braids Following these acts (Stoning, sacrifice, and shaving [or clipping]), the pilgrim is in his
first state of tahallul (leaving ihraam) called at-tahallul al-awwal, whereby every lawful thing
is permissible for him except sexual intercourse with his wife
(d) The pilgrim goes down to Makkah to perform tawaaf al-ifaadah, which is the tawaaf of
Hajj It is permissible to delay this tawaaf and perform it during the days of tashreeq or
after According to some scholars, it may also be combined with tawaaf al-wadaa’, i.e performing one tawaaf (seven circuits around the ka’bah) for both purposes
(e) The above tawaaf is followed by sa’yee for those who intended the tamattu' Hajj or those
performing either one of the two other types of Hajj (qiraan and ifraad) and who did not perform the sa’yee when they performed their tawaaf of arrival
(f) The pilgrim then goes to Minaa to stay the 11th and the 12th nights, shortening prayers
but not combining them
Trang 24D AY 11 & 12: STONING THE JAMARAAT
Day 11
After the sun passes its zenith, the pilgrims stone the three jamaraat, each with seven stones, saying takbeer with each throw Following the stoning of the small and middle jamaraat (only), the pilgrim faces the qiblah and makes du’aa
Day 12
1 The pilgrim stones the three jamaraat in the same manner as on Day 11 The pilgrims may
then leave Minaa before sunset, or they may stay in Minaa the night of Day 13 (and this
better), and perform the stoning of the jamaraat on the 13th day as above
2 Those who want to leave to their home towns or countries may do so after performing
the Farewell tawaaf Women going having their menses or nifaass (discharge after birth) are excused from the Farewell tawaaf
Trang 25child-Chapter 12: Reminders
1 Salaat (prayers) in Minaa, from ‘eed Day (Day 10) until Day 13, must be shortened (except
maghrib and fajr) and performed in their prescribed times (i.e not combined)
2 Climbing Mount 'arafaat and fasting the Day of 'arafaat by the pilgrims are not from the sunnah
of the Prophet
3 An animal sacrifice35 is a duty on the one who performs tamattu' or qiraan Hajj and it is offered
on the ‘eed Day or during the following three Days of tashreeq
4 The best supplication offered on the Day of 'arafaat is that of the Prophet Muhammad :
Laa ilaaha illallaahu wahdahu laa shareeka lah, lahul-mulku walahul-hamdu wahuwa ‘ala kulli shay-in qadeer
(There is no true God worthy of being worshipped except Allaah, alone, without any partners, to Him belongs the Kingdom, and all-praise is due to Him, and He is able to do all things)
5 The pilgrim must not perform any special prayer for ihraam or upon his entrance to the Holy
Mosque in Makkah, where he is supposed to immediately start his tawaaf al-qudoom
6 The pilgrim must remember Allaah, praise Him, and make du’aa while in tawaaf, sa’yee, 'arafaat,
Minaa, Muzdalifah and while on Hajj, without innovations
35 A sheep or a goat may be sacrificed by a pilgrim or on his behalf, whereas a cow or a camel may be shared by seven (7) persons
Trang 26Chapter 13: The Reward
The Prophet said:
“/-=א>?@אAB*C *,وDEאFאو”
“The reward for a Hajj Mabroor 36 is nothing less than Paradise.”37
May Allaah enable us to perform a Hajj mabroor and admit us to al-jannah by His Grace May Allaah accept our Hajj May His salaah and salaam be upon Prophet Muhammad, his family, the
sahabah and those who follow their righteous path
36 Mabroor: Free from sins, transforming the status of the person such that his state after performing the Hajj is better than that before it Such level of Hajj is attainable, by Allaah’s Leave, with piety and uprightness according to the sunnah of the Prophet It is, therefore, rewarded by Allaah, Most High
37 An agreed upon hadeeth
Some References:
The Books on Hajj and ‘umrah by:
-Shayekh ‘Abdul Azeez Bin Baaz
-Shayekh Muhammad Naasirud-Deen Al-Albaani
-Shayekh Muhammad Bin Saalih Al-’Uthaymeen
-Dr ‘Abdullaah At-Taiyaar
-A Guide to Hajj, ‘umrah, and Visiting the Prophet’s Mosque [English] Published by Presidency of Islaamic Research
, iftaa’, and da’wah, Kingdom of Saudi Arabia, Riyadh, 1410/1990 [Waqf: Gratis]
Warning: We would like to warn the Muslims that the book entitled “A Guide for Hajj and ‘Umrah” by Anis and
Daud Matthews contains a call for Shirk through which people will be encouraged to seek help and aid from the
Prophet by calling upon people to travel to visit his grave and call upon him there! It contains numerous bida’ and corrupt concepts like, “the night of Muzdalifah is one thousand times better than the night of lailat al-qadr,” and
many more practices
Trang 28Chapter 1: Rulings
ﻢـﻴﺣﺮﻟا ﻦـﻤْﺣﺮﻟا ﷲا ﻢـْﺴﺑ
ﻢـﻴﺣﺮﻟا ﻦـﻤْﺣﺮﻟا ﷲا ﻢـْﺴﺑ
ﻪﺑﺎﺤﺻأو ﻪﻟآ ﻰﻠﻋو ﺪﻤﺤﻣ ﺎﻨﻴﺒﻧ ﻰﻠﻋ مﻼﺴﻟاو ةﻼﺼﻟاو ﷲ ﺪﻤﺤﻟا ﻦﻴﻌﻤﺟأ
ﺪﻌﺑ ﺎﻣأ
:
The Hajj to the house of Allaah in Makkah was ordained in the 9th year after hijrah He performed Hajj the next year in the year 10H On the 9th year he delegated Abu Bakr The Prophet did only one Hajj after the hijrah, the farewell pilgrimage
Legal Definition of Hajj: "Worshipping Allaah the by performing the rituals of Hajj in a
specified time and a specified way"
Linguistic Definition of `Umrah: "The Visit"
Legal Definition of `Umrah: Worshipping Allaah by circulating His house, and walking
between Mount Safa and Mount Marwah and shaving or shortening the hair
The Ruling of Hajj
Hajj is obligated by the Qur'aan, by the Sunnah and the consensus of the Muslims In the Qur'aan, Allaah says:
m
¥¤
l
And Pilgrimage to the House is a duty on mankind [owed] to Allaah for whoever can
find a way there [3:97]
From the Sunnah, the hadeeth of Ibn Umar who said the Messenger said: "Islam is built on
five" – from them is Hajj
And all Muslims have agreed on the obligation of it
The Ruling of `Umrah
There are different opinions on this, but the correct opinion is that it is obligatory to perform it once in one's lifetime, based on the hadeeth of Aa'ishah radhiyAllaahu `anhumaa when she asked
the Messenger "Is there jihaad ordained upon women?" he said "Yes, upon them is a jihad without fighting
in it, and it is Hajj and Umrah”
Trang 29Also in the famous hadeeth of Jibreel , in one wording of it: "And that you perform Hajj and
4 His `Umrah with his Hajj (10H)
All of these `Umrahs took place in the month of Dhul-Qa`dah of each year Imaam ibnu
Qayyim Rahimahullaah inclined to say that "Performing `Umrah in the month of Dhul-Qa'dah is better
than performing it in Ramadhaan Allaah would not have chosen a time (Dhul-Qa`dah) unless it is a
meritous timing."
Trang 30Chapter 2: Conditions Obligating the Hajj
FIRST CONDITION: Islaam
It is not an obligation upon the disbeliever because all acts of worship are not correct if they are performed by a disbeliever
Recompense
Sufficient was for them to say " And we used to deny the Day of Recompense " but Allaah
added, we did not pray, feed the poor, etc Therefore there is an extra meaning in this verse, that they will be punished for these things (i.e abandonment of salaah, etc)
1 First Opinion: There is no Hajj or `Umrah obligatory upon the slaves because he has no
money, his wealth and time are for his master
Trang 312 Second Opinion: All the obligations upon the slave apply as upon the free and because the Prophet said: "O people, Allaah had ordained Hajj upon you so perform Hajj"
And Allaah said:
m l
And Pilgrimage to the House is a duty on mankind [owed] to Allaah for whoever
can find a way there [3:97]
All the physical acts of worship are required from the slave as required from the free man, However the financial ones are not obligated upon him because he does not possess the wealth
3 Third Opinion: If his master permits him to perform Hajj, then his Hajj is valid
Hajj is not required from the child However if the child performs the Hajj then it is correct but this does not free him from performing the obligatory Hajj after reaching the age of puberty
The evidence for the correctness of the child's Hajj is the incident when a woman who had a child
and raised him before the Prophet and said: "Is there Hajj for this child?" and the Messenger said: "Yes,
and you will gain a reward for that"
Definition of the child: The one who did not reach the state of puberty Puberty is reached by
Trang 32FOURTH CONDITION: Sanity
There is no obligation upon the insane who was born insane or became insane in his life This is
contrary to the zakaah which is obligated on him as charity is an obligation in wealth
The Prophet said: “The pen has been lifted from three: The sleeping person until he awakes, the child until
he reaches the age of puberty and the insane until he becomes sane."
In addition the Hajj requires intention and there is no intention from the insane
FIFTH CONDITION: Ability
Hajj is obligatory for the one who can carry out the deed without any kind of incapacitation Here, we have four related cases under ability:
1 If the person is rich and physically strong then Hajj is mandatory upon him to perform it
by himself
2 If he is physically able but does not have the money to perform Hajj, then it is not an
obligation upon him But if he is able to execute the Hajj without having the money then
it is obligated upon him
For example: If he is a resident in Makkah, then he is able to go out with the people on his
feet and walk on foot and perform the Hajj
3 If he is financially able but physically unable:
If it is anticipated that he will recover physically then he waits until he recovers, just like the ill person, then he performs the Hajj
If it is anticipated that he will not recover then in this case he delegates someone
to perform the Hajj on his behalf
4 If he is financially and physically unable to perform the Hajj then the Hajj obligation
upon him is lifted and there is nothing upon him
The Hajj of the One in Debt
If the debt is due immediately and he does not have the means to fulfil it, then there is no Hajj binding upon him
Trang 33On the other hand, if a debt is due upon him and he has the ability to pay it and he has extra to cover the needs of Hajj, then it is an obligation
If the debt is in instalments and he has the ability to pay these instalments, e.g he has a salary and pays the instalments on time so this covers his responsibility towards the debt, then Hajj is obligated upon him
If someone owes someone money, and he has been given permission to go for Hajj E.g If Zayd owes money to `Amr and `Amr gives permission to Zayd to go for Hajj, could we say now that Zayd is capable? Answer: The matter is not really related to the permission, it is related to the right, so we say pay back the loan first and then when you have the capability you can go
The One Offered Money to Perform Hajj
If someone is offered money to perform Hajj, there are two opinions:
1 One saying is that Hajj is not an obligation upon him under this situation so that he saves
himself from feeling the favour of people upon him
2 The second opinion is that if the one who is offering him the money is not of this type
of people who will make the person feel it was his favour upon him that allowed him to
do the Hajj, then in this case it becomes obligatory upon him to perform the Hajj
Financial Coverage For The Entire Trip
He should have the financial coverage for his food, drinks, and for his mount that takes him to the Hajj and brings him back
He should fulfil his obligations, like debts, expiations, vows, obligatory spending upon the wife and relatives, and after he fulfils his legal spending upon himself and towards his family, without
Trang 34spending wastefully For example, if a person has $10 000 and he performs Hajj with this money and it would take away and diminish his legal spending, then Hajj is not obligated upon him If
he spends from that and if what remains would not be enough to cover the expenses of Hajj, then it is not binding
If he has money such that it exceeds the legal spending required from him during the round trip time then Hajj is obligatory upon him
If on the other hand, he has got an investment that earns him money sufficient for him and for his family, spending wise, and if he will go to Hajj using this money it will jeopardise his spending, then Hajj is not mandatory upon him But if his earnings from the investment exceed the amount needed for his spending such that for example, he earns $1000 and only $500 dollars are required for spending on his family then Hajj becomes mandatory upon him
In addition he should have that which exceeds his most basic needs For example, if he has books of knowledge, we do not tell him to sell these books to make Hajj But if he has extra copies of these books we tell him to sell them, and if he has two cars while he needs only one,
we tell him to sell the extra car
Definition of the Mahram : The male escort such as a husband or one of the woman's male
relatives who are not lawful for her to marry
The correct opinion is that if there is no mahram for her, then there is no Hajj obligated upon her Such that if she dies and she leaves behind a lot of wealth, then it is not binding to take some of that wealth and delegate someone to perform Hajj on her behalf and there is no sin upon her Also it is not an obligation upon her to delegate someone
The mahram is the pre-requisite based on the hadeeth of ibn Abbas : "No women should travel
except with a mahram" 38
Then how can one answer for the authentic reports that the mothers of the believers went to Hajj in the time of `Umar ibnul Khattaab?
This is taken by some as evidence that women can go for Hajj without a mahram This is refuted from five angles:
38 Reported by Ahmad and it is authentic
Trang 351 These are the mothers of the believers, and they are like the forbidden to marry for the
believers, because of the respect they deserve
2 The hadeeth in which this was reported is not proof for either affirming the mahram or
its absence
3 Umar assigned Uthmaan for them, and the imaam of the Muslims is a wali for the
one who does not have a guardian
4 There going is an ijtihaad on their part, a deduction that they made which opposes the
text The criterion of when a clear text goes against the action of the companions is that the text takes precedence
5 The company that was with the mothers of the believers was the company of `Umar
and the major companions So we say: “Bring us nowadays people of this calibre So that we say this is a safe company for you to go with”
The Mahram for Women
1 The muharramaat who are forbidden to marry forever, fall under three categories:
1) Forbidden by lineage, and they are seven:
i) father ii) son iii) brother iv) paternal uncle v) brother's son vi) sister's son vii) maternal uncle
2) By way of suckling (Ar-Ridhaa`) – the same seven but through breastfeeding
i) father from breastfeeding ii) son from breastfeeding iii) brother from breastfeeding iv) paternal uncle from breastfeeding v) brother's son from breastfeeding vi) sister's son from breastfeeding vii) maternal uncle from breastfeeding
Trang 36iii) Her daughter's husband
All these three are unlawful for her by mere contract So they become her mahrams once
the contract is made even before commencing the marriage
iv) Her mother's husband However, him being a mahram, is not effective until the marriage with her mother commences
These four can be put in one formula: “The roots and descendents of each spouse are
forbidden restrictedly to each one of them (meaning to each spouse) by way of contract,
except for the woman's daughter, where she becomes forbidden for the husband when
he actually commences the marriage with her mother”
This word 'restrictedly' is very important because the son is out of the restriction and he can marry the mother of his fathers wife, as well as he may marry her daughter
If one commits adultery with a woman then he is not a mahram for her mother
Conditions for a Person to be a Mahram for a Woman
39 Because what is aimed at is the protection and preservation of the woman and this is not achievable by a child
40 First opinion: the kaafir cannot be a mahram for the muslimah She cannot be considered in a safe position with
him They considered this the same as with custody, meaning the kaafir cannot have custody on the Muslim children
Second opinion: The kaafir can be a mahram if he is trustworthy This is applicable concerning women forbidden from
way of lineage or breast feeding
Trang 37The Spending on the Mahram
The spending on the mahram is obligated upon the woman so she should secure for him the travel needs, food, drinks and the mount, because this is securing a benefit for her
For example, if her husband is the one to go with her to Hajj, then she is required to cover his expenses, she spends that which exceeds the spending required upon him for her in her residence Because spending for her, in her residence is duty bound upon him So if he spends
$1000 on her in residence and the mahram travel expenses are $1200, then her responsibility is the difference, and that is $200 only
It should also be mentioned that it is not an obligation upon the mahram to travel with her
If a woman finds a mahram, then she becomes negligent and delayed, then due to that she loses the mahram, either he dies or declines to go Here, Hajj is still binding upon her In this case she
must delegate
Performing Hajj Without a Mahram
If a woman performs Hajj without a mahram, then this is haraam upon her but the Hajj is counted
for her Because the forbiddance is general, it is not specific for Hajj The Prophet did not
say "No woman should travel for Hajj except with a mahram" The forbiddance came in the general
sense
Trang 38Chapter 3: Delegating in Hajj
Here will be discussed the ruling concerning the assigning someone able to perform the Hajj on behalf of someone else who is unable This is applicable on the one who is physically unable but financially able E.g the old, incapacitated, one who could not establish himself on the mount, very thin, paralyzed, unable to take the modern transportations because it may cause him severe headaches, like plane, ship, car and the chronically ill not possible to recover
In these circumstances it is permissible to delegate someone but there are conditions
First Condition – The delegate should be a person who has performed Hajj or `Umrah for himself first
• It is not correct to delegate a child because it is not correct and valid for the child to
perform the obligatory Hajj for himself therefore it is not valid to do it for others
• It is not correct to delegate a rich person who has not done Hajj himself as it is obligated
upon this rich person as he has the ability
• It is correct to delegate a poor person, to perform the Hajj for him because he is poor
so Hajj is not obligated upon him
The delegation goes between a man and a man, a man and a woman, a woman and a man41, and
a woman and a woman
Cases in Delegations
Recovering from an Illness
Zayd is an ill person who is not feasible to recover, he delegates `Amr, so `Amr goes into the state of ihraam for Hajj So after `Amr went into state of Ihraam, Zayd invoked Allaah and recovered, so would the Hajj of `Amr be acceptable for Zayd? Yes, it will be valid and acceptable
If he recovers on the other hand before `Amr goes into the state of Ihraam, then it is not valid to delegate, and therefore the obligation would be upon Zayd to perform the Hajj
41 The evidence is in the hadeeth of the Khat`amee woman who performed Hajj on behalf of her old unable father and the Prophet approved that for her
Trang 39If he recovers while `Amr is on his way for Hajj, and Zayd says I am going to go, so Zayd goes for Hajj In this case the Hajj of `Amr turns naafilah and Zayd would perform his obligatory Hajj
When One is Unable to Find a Delegate
A person financially able but physically unable and could not find a delegate, then Hajj is not binding upon him
Performing Hajj on Behalf of Someone and `Umrah on Behalf of Another
It is permissible to perform Hajj on behalf of someone and `Umrah on behalf of another because the `Umrah in the combined Hajj type is the `Umrah of Islaam, so in short it is permissible to perform Hajj on behalf of someone and `Umrah on behalf of another in the same Hajj
Delegating Although One has the Ability
The correct opinion is that delegation is incorrect except for the person who is physically incapable to perform the Hajj, and this applies to whether the Hajj is obligation or optional
Therefore the one who is able financially and physically, it is not permissible for him to delegate
in a fardh or in a nafl Hajj If he is able to do it by himself then he should do it
This all applies to Hajj and `Umrah delegations
If someone says: "Take this money and perform Hajj on my behalf".
In this case if there remains some money extra then he is not obliged to return it to the one who delegated him E.g if he gave him $5000 and he only used $4500, then he is not obliged to return $500
Trang 40If someone says: "Take this money and perform Hajj from it"
He is obligated to return what may be left from the money However, if in the tradition of a certain community if someone delegates someone and gives him the money, is such that he does not return anything left, then it is not obligatory upon him to return
Important benefit in communication: "People's speech is executed upon that which they come to know of"
1 If the wording is understood in line with the linguistic meaning, then it is in line with the
linguistic meaning
2 If it is understood in line with the legal meaning, then it is to be understood as such
3 If it is understood by way of tradition, then in this case it is to be taken as such
E.g if it is traditionally understood that I give you this money to perform Hajj and there is no need to return, then it is understood as such However if two people communicate via the linguistic meaning, then it is understood as such, and if he specifies then you go by the specification
Can The Person who is Delegated Delegate Someone Else?
It is not permissible for the delegate to delegate someone else except with the permission of the one who delegates him
Performing Hajj on Someone’s Behalf in Order to Take the Money
Shaykhul Islaam ibn Taymiyyah rahimahullaah stated: "Whoever performs Hajj in order to take the
money, then he shall have no share in the hereafter, because Allaah said:
did therein And of no effect is that which they used to do
So, whoever performs Hajj in order to take money for the sake of the money then he shall have no share of the hereafter, and whosoever takes the money in order to execute the Hajj then he is a good doer"