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Islamique Magazine Online | September 26, 2017

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The Fiqh of Hajj

The Fiqh of Hajj

Frequently asked questions on Islamic law concerning the holy month.

 

Below are some brief answers to questions pertinent to hajj. These should not be treated as comprehensive. They will serve well as an initial read. It is a good idea to read as much as one can repeatedly in preparation including memorising supplications etc. One should also go to a course or presentation on hajj that is delivered by a reliable scholar so that all misunderstandings are removed. One should also try to choose a hajj group that has scholars in it so that help and advice is always handy.

 

Who is Hajj obligatory upon?

 

There are five general conditions for Hajj to become compulsory upon someone. They are: that the person is Muslim, has reached puberty, is of full mental capacity and is not a slave. Additionally, they must be capable of completing the journey to Hajj, both physically and financially.

Both males and females share these conditions. However, the Muslim woman has an extra condition before she can be held accountable for not performing Hajj and that is the company of a mahram (a male relative with whom marriage is haram such as father, brother, son, nephew, etc).

What is the sunnah method of entering into Ihram?

 

1. Removal of body hair (under arm, pubic area)

2. Perform ghusl with intention of Ihram

3. Comb hair and beard

4. Men: Put on the Izar (lower sheet) and another sheet like a shawl covering the upper body. These do not have to be white but white is better. Women may wear their normal garments. Of course their clothes must fulfil the requirements of Allah’s commands in terms of covering, modesty and hijab.

5. Men: Put on perfume

6. Offer two rak’ah nafl salah reciting surah al-Kafirun in the 1st rak’ah surah al-Ikhlas in 2nd Rak’ah.

7. After two rak’ahs, make intention followed by reciting the talbiyah as below:

8. Remember to enter the state of Ihram i.e. made the intention before the limits of Miqat. Entering the state of Ihram requires intention. After doing all of the above things, one is not in the state of ihram and until one has made the intention (8 above). Thus one is not in ihram if one has put on the two cloths from home but has not yet made the intention.

9. If you will be flying in to Jeddah, you will pass the Miqat. It is therefore necessary to enter the state of Ihram prior to boarding the plane or on the plane when told that you are nearing the Miqat. If you pass the Miqat without Ihram then you will have to pay a penalty.

 

How to Perform Tawaf?

 

1. Do Tawaf on foot.

2. Do Tawaf  anticlockwise.

3. Include the Hatim along with the Ka’bah in your Tawaf.

4. Start Tawaf from al-Hajar al-Aswad.

5. Raise your hands in front of al-Hajar al-Aswad to start Tawaf just as you raise them for Takbir at-Tahrim.

6. Face al-Hajar al-Aswad at the beginning of Tawaf. Then walk to your right with the ka’bah to your left.

7. Do seven rounds (shawts) to complete the Tawaf.

8. Men should do Ramal (which is to march or walk briskly) in the first three shawts (rounds).

9. Men should also do idtiba’ in the whole tawaf. This means to wear the top sheet under the right arm and throw the rest over the left shoulder.

10. Ramal and idtiba’ only apply when doing a tawaf after which there is sa’y between Safa and Marwa. In other tawafs, such as when one is performing nafl tawaf without being in ihram, there is no ramal or idtiba’.

11. Perform all rounds consecutively.

12. Make istilam of ar-Rukn al-Yamani as you pass by it. This is done by touching it with both hands or by the right hand only, or by raising the hands towards it when you are unable to do the previous two.

13. Each time you reach al-Hajar al-Aswad, kiss it if you can without hurting or pushing anyone. This is extremely difficult nowadays. One should just indicate to it from a distance rather than contribute to the chaos and mayhem that ensues as a result of overzealous pilgrims.

14. Offer two rak’ahs Salah after Tawaf. By now one should undo the idtiba’ and perform the Salah with the top sheet covering both shoulders.

15. If one is performing ‘umrah, then one should proceed to Safa and Marwa and complete the seven rounds there starting the first at Safa and ending the last at Marwa.

16. Throughout this one should continuously engage in supplication and du’a. If one has a good book handy then one may use it. But it is better to just supplicate in one’s own words seeking from Allah (SWT) all that one needs in this world and, more importantly, in the hereafter.

 

What is prohibited whilst in Ihram?

 

1. It is strictly prohibited to indulge in kissing, embracing, sexual intercourse and even talking about sex with one’s spouse. Refrain from all those acts which are within this classification.

2.  It is prohibited and even more harmful to indulge in those acts which Allah (SWT) has ordained haram during all times, e.g. foul or dirty language, sin, fighting, backbiting etc.

3. It is haram to hunt animals or to even help anyone do so; even the killing of an ant or even a louse is prohibited.

4. One must refrain from using scents, perfumes, perfumed oils, soaps, shampoos or any items of fragrance; on the body and even the clothes.

5. It is prohibited to shave or trim hair from any part of the body. It is also prohibited to clip the nails.

6. It is impermissible for men to wear sewn or stitched clothes.

7. It is prohibited for men to wear any such footwear that covers the central bone of the upper part of the feet.

8. Men are also prohibited from covering their heads, something one must be cautious of when sleeping. However, an umbrella may be used to seek shade from the sun.

9. Do not cause harm to any Muslim, neither verbally nor physically.

 

What is the ruling for smoking whilst being in the state of Ihram?

 

Smoking while in ihram comes under the category of committing something that is generally reprehensible, which is worse than doing something that specifically violates ihram. Remember that most scholars hold smoking cigarettes to be either unlawful (haram) or severely reprehensible (makruh tahrimi). Therefore, one must abstain from smoking during ihram. If one, keeping in mind the respect of the sacred places and rituals, tries his or her best to stop smoking in the period of performing Hajj or Umrah, then who knows, Allah (SWT) may make it easy for him or her to quit smoking altogether.

 

Would it be permissible to take birth control pills in order to avoid menstruation during Hajj?

 

1. Birth control pills are in and of themselves permitted. They are, thus, permissible to take though it is superior to avoid based on the possible harms.

 

2. It is permitted to take such birth control pills and other period-delaying medication to delay one’s period during one’s Hajj. However, it is best to let one’s period run its course if it is logistically possible.

 

What are the different types of Hajj?

1. Qiran:

This is when a pilgrim enters Ihram with the intention of performing both Umrah and Hajj together with one ihram. The pilgrim, on arriving in Makkah, will first perform Umrah followed by Hajj without coming out of ihram in between; thus one remains in the same state of ihram till the end of Hajj.

 

2. Tamattu’:

The pilgrim enters ihram with the intention of both Umrah and Hajj but with two separate states of ihram. Thus, after Umrah is completed one comes out of the state of ihram and then resumes ihram before Hajj starts.

 

3. Ifrad:

The pilgrim intends Hajj only. He enters the state of ihram from the Miqat of Hajj, and stays in that state until Hajj.

 

Is one allowed to talk during Tawaf?

 

The following saying of the Prophet (SAW) is sufficient as guidance in this regard: “Tawaf around the House is like prayer. Except that one may talk in it. Whoever talks therein should only say what is good” (Narrated by al-Tirmidhi and al-Nasa’i)

 

What du’as do I read in my Hajj and ‘Umrah?

 

There is actually very little recorded from the Prophet (SAW) as regards what exactly he read at the different stations of Hajj and Umrah. One should make du’a for oneself, success in one’s hereafter, one’s life and career, wealth, family, friends, teachers and the Muslim Ummah. You can make du’a for whatever you want. It is a good idea to make a list of things you wish to make du’a for prior to travelling. A couple of du’as which are established during Tawaf are:

 

Rabbanaa Aatinaa Fid-Dunyaa Hasanah Wa Fil Aakhirati Hasanah Wa Qinaa `Adhaaban Naar.

 

“Our Lord! Grant us all good in this world, and all good in the hereafter, and save us from the fire.”

 

(Narrated by Abu Dawud)

 

Subhaanallaahi Wal Hamdu Lillaahi Wa Laa Ilaaha Illal-Laahu Wallaahu Akbar. Wa Laa Hawla Wa Laa Quwwata Illaa Billaahil ‘Aliyyil ‘Adheem.

 

“Glorified is Allah and All praise be to Allah. There is no god but Allah; Allah is the Greatest. There is no power, no might besides that of Allah, the High, the Great.

(Narrated by Ibn Majah)

 

Do I combine between my Zuhr and ‘Asr at Arafah?

 

In Masjid Namirah, the khutbah of Hajj is given by the appointed Imam, Zuhr salah is offered and then Asr salah is offered straight after. If you cannot be in this masjid at this time to join the congregation, then offer Zuhr and Asr salahs at their respective times. The accepted position of the hanafi school is that you cannot combine the two salahs unless it is in the above stated manner.

 

Am I a musafir if I go for Hajj?

 

If the total number of days one intends to stay in Makkah is 15 days or more, one becomes muqim, i.e. one will perform all the salah during the five days of Hajj fully. If one however, stays less than 15 days in Makkah, one is instead a musafir and will perform qasr, i.e. perform two raka’at fardh of Zuhr, Asr and Esha unless performed behind a muqim Imam. The annual qurbani (sacrifice) of Eid al-Adha is wajib upon the muqim (even if he is in Makkah) provided he is in possession of nisab (threshold of zakah), but it is not wajib upon the musafir but mustahabb (preferred). This means that the muqim would be performing two sacrifices, one of hajj called dam al-shukr (the sacrifice of gratitude) and one of Qurbani. The Qurbani sacrifice can be offered anywhere by the pilgrim.

 

Can someone else do the stoning on my behalf?

 

Whoever is able to reach the Jamarat by any means and there is no threat of severe illness or injury, it is necessary for them to pelt the Shaytan themselves. It is not permissible for them to appoint anyone else to do it on their behalf. If however one cannot walk to the Jamarat and there is no feasible means of conveyance, only then can someone pelt on one’s behalf with one’s instruction. Many people perform stoning on behalf of others without a valid reason. In such cases, the stoning, for the person who hasn’t performed it in person, is invalid and penalty becomes wajib. Women and the disabled have no excuse. They can perform it after ‘Isha salah. The rush is not a valid excuse to avoid performing stoning in person.

BY: SHAYKH ASHRAF ZAMAN

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