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Chapter 6 of 83 min read
الحج في الفقه الحنفي
Al-Marghinani's treatment of Hajj in Al-Hidayah is thorough and systematic, presenting the Hanafi school's positions on every major aspect of the pilgrimage from the conditions of its obligation to the expiations for violations of ihram. The Hanafi school's approach to Hajj reflects its broader methodology: strong reliance on the authenticated Sunnah for the specific details of the rites, with systematic reasoning for the rules governing variations and exceptions.
Hajj is obligatory once in a lifetime for every free, sane, adult Muslim who has the means — financial ability to reach Makkah and return, and physical ability to perform the rites. The Hanafi school holds that the obligation of Hajj, once established, must be fulfilled as soon as possible — delay without excuse is sinful. The school also holds that Umrah is a confirmed Sunnah (sunnah mu'akkadah) but not a fard obligation — distinguishing the Hanafi and Maliki positions from the Shafi'i and Hanbali schools that hold Umrah obligatory.
The Hanafi school holds that the most meritorious form of Hajj is Qiran — performing Hajj and Umrah combined in a single ihram — because it involves the greatest effort and the longest period of ihram. This differs from the Maliki preference for Ifrad and the Shafi'i preference for Tamattu'. Al-Marghinani notes that the evidence for the Prophet performing Qiran is strong and that Imam Ahmad ibn Hanbal also preferred Qiran.
The pillars (arkan) of Hajj in the Hanafi school are limited to two: ihram (with intention) and the standing at Arafah. Unlike the Shafi'i and Hanbali schools, the Hanafi school does not classify tawaf al-ifadah or sa'y as pillars of Hajj itself — rather, tawaf al-ifadah is wajib (necessary), and its omission can be compensated by a sacrifice and later performance. This is a significant difference: in the Hanafi school, missing the tawaf al-ifadah does not permanently invalidate the Hajj, provided the person returns and performs it. In the Shafi'i school, it is a pillar whose omission can never be compensated by sacrifice alone.
The wajibat (necessary but not pillar-level acts) of Hajj in the Hanafi school include: entering ihram at the miqat, sa'y between Safa and Marwah, the wuquf at Muzdalifah, stoning the Jamarat, shaving or cutting the hair, the farewell tawaf, and the order of acts on the day of Eid. Each of these, if omitted, requires a compensatory sacrifice (dam) but does not invalidate the Hajj.
The prohibitions of ihram are discussed in detail with their respective expiations. The Hanafi school classifies ihram violations into those requiring a full hadyah (an animal sacrifice), those requiring sadaqah (fixed charity), and those requiring a fast. Cutting one's own hair or nails requires a sadaqah of three days' feeding the poor or an equivalent. Wearing stitched garments or applying perfume for a full day requires a dam (an animal sacrifice).
Al-Marghinani addresses the Hajj of a woman without a mahram — the Hanafi school is strict here, requiring a mahram for any journey exceeding the travel distance that requires shortening prayers (approximately 80 km). A woman's Hajj without a mahram over such distance is sinful even if the Hajj itself is valid, distinguishing the Hanafi position from later scholarly discussions that permitted group travel for elderly women.
The chapter concludes with the rules of Hajj performed on behalf of another (Hajj al-badal), valid for the deceased or permanently incapacitated, performed by a proxy who has already completed their own obligatory Hajj.