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Chapter 11 of 1711 min read
الجزء الحادي عشر: أحكام الجنايات
If a child performs the pilgrimage, it will be considered a valid voluntary pilgrimage but he must still perform the obligatory pilgrimage of Islam after he becomes of age.
If a person who should perform the pilgrimage dies without doing so, wealth is taken from what he has left behind so that someone may perform the pilgrimage on his behalf.
It is not acceptable for a person to perform pilgrimage on another’s behalf when he has not done so on his own behalf. It is proper for a capable person to appoint someone to perform a voluntary pilgrimage or umrah on his behalf.
The Different Ways in Which the Pligrimage Can Be Performed
[The following are the. different combinations of performing the hajj or umrah:]
(3) Performing the hajj in connection with the umrah.
(4) Performing the umrah in combination with the hajj but with a break in between.
As for the umrah by itself, it may be performed throughout the days of the year. It is best when the umrah is performed with the hajj or during Ramadhaan.
As for the hajj by itself, this is where the pilgrim intends to perform only the hajj without performing the umrah beforehand or in connection with it.
As for the hajj in connection with the umrah, the acts of the two are combined and it is sufficient to perform one circumambulation and one sa’ee (referring to the going back and forth between the mounts of Safa and Marwah).
As for the umrah in combination with the hajj but with a break in between, this is the best way to perform hajj. It is when the person enters the inviolable state for umrah during the months designated for hajj. He makes the sa’ee, circumambulation and then comes out of the inviolable state. Then on the eighth day of the month of Dhu-1-Hijjah, he enters the inviolable state for the hajj during that same year. He performs all of the acts of the hajj, including the circumambulation, sa’ee, staying at Arafah and so forth. He sacrifices the animal which is obligatory when a person performs this type of hajj or the previous type (the hajj in connection with the umrah).
Topic Three: The Essential Components of the Hajj and Umrah
There are four essential components for the hajj: entering the inviolable state, circumambulation, sa’ee and staying at Arafah. If any of these acts are not performed, the hajj is not valid.
Umrah has three essential components: entering the inviolable state, circumambulation and sa’ee. It is not
complete except with these acts. The details concerning these essential components are as follows:
The first essential component of the hajj or umrah is entering into the inviolable state. It is the intention to perform one of the types of pilgrimage rites, hajj or umrah, after preparing to enter into that state and removing any sewn clothing.
The obligatory aspects of the inviolable state are three:
(1) Entering into the state at the proper place: This is the place that is designated by the Lawgiver to enter into the inviolable state, such that it is not allowed to go beyond that point without being in that state for whoever wants to perform hajj or umrah.
(2) Removing all sewn clothing: Men are not allowed to wear gowns, shirts, head caps or scarves and, in fact, the head should not be covered at all. Similarly, they should not wear leather socks unless they cannot find sandals. Women are not to wear face veils or gloves.
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“Labaika-llahumma labaik labaika laa shareeka laka labaik. Inna-l-hamda_ wa-nimata laka wa-l-mulk. Laa shareeka lak (O Allah, here I am at your service. You have no partner. Here I
am at your service. Verily, all the praise and the grace belong to You, and the Dominion [as well]. You have no partner).”
The pilgrim states these words when he enters into the inviolable state at the appointed location before going beyond that point. It is recommended to repeat these words over and over and, for the men, to say them aloud. One should start saying these words again at every moment of descending, riding, before the beginning of the prayer, after the prayer is finished and so forth. During the umrah, one discontinues saying these words when he starts the circumambulation. During the hajj, one discontinues saying these words upon the throwing of the pebbles at al-Uqbah.
The circumambulation refers to going around the House of Allah seven times. There are seven conditions to this act:
(1) Having the intention at the time of beginning the act.
(2) Being free of any impurities or conditions that nullify a person’s state of purity.
(3) Covering the private parts since the circumambulation is like the prayer.
(4) Circumambulating within the confines of the [grand] mosque itself, even if one is far from the House.
(5) Having the House of Allah on one’s left side while circumambulating.
(7) Making each circuit after each other, without any unnecessary breaks.
(1) Al-raml, this act is recommended for the capable men, but not for women. It refers to the act of jogging during the circuit but with close steps. It is only recommended in the first set of circumambulations when one arrives at the Kaaba, known as tawaaf al-qudoom.}
(2) Baring the right shoulder,2 again this is only for the first circumambulation upon arriving in Makkah; it is also for the men only and not the women. It is done during all seven circuits. ,
(3) Kissing the Black Stone upon beginning the circumambulation and in every circuit thereafter, if possible. It is also recommended to touch the Yemeni corner of the Kaabah.
(4) When beginning the first circuit, one should say, “In the name of Allah and Allah is greatest. O Allah, [I perform this act] with belief in You and attesting to Your book and fulfilling Your pact and following the sunnah of Your prophet.”
(5) Making supplications throughout the circumambulation. No specific supplication is required; one may say whatever supplication one is led by Allah to say. However, it is recommended that when ending a circuit to say,
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“O our Lord, give us in this world good and in the Hereafter good and save us from the punishment of the Fire.”
* Muslim recorded on the authority of ibn Umar that the Prophet made ram from the Black Stone on the first three circuits and then walked the last four. ? Ahmad recorded that the Prophet (peace be upon him) and his Companions made the Umrah from al-Jaraanah and uncovered their right shoulders, putting their garments under their right arm pits and throwing them over the left shoulder.
(6) Making supplications at al-Multazim after finishing the circumambulation. Al-Multazim is the place between the door to the Kaabah and the Black Stone.
(7) After finishing the circuits, one should pray two rakats behind the “station of Abraham,” reciting soorahs alKafiroon and al-Ikhlaas after al-Faatihah.
(8) Drink some water from the well of Zamzam and, in fact, one should drink one’s fill of it after finishing the two rakats.
(9) One should return to the Black Stone and touch it before moving on to the sa’ee.
The sa’ee is the walking back and forth between the mounts of al-Safa and al-Marwah with the intention of worship. It is an essential component of both the hajj and the umrah.
(1) The intention, for the Prophet (peace be upon him) said,
“Surely, all actions are but driven by intentions.” (Recorded by al-Bukhari.)
(2) It must be in the proper chronological order with respect to the circumambulation; that is, the circumambulation must be done first followed by the sa’ee.
(3) Each of its circuits must be done right after the other; however, a small break does not cause any harm, especially if there is some need for it.
(4) One must complete seven trips [four going and three returning, nota total of seven going and coming]. If one trip or part of one trip is missing, it will not be sufficient. Its correctness depends on all of the trips being completed.
(5) It must be performed after a correct and valid circumambulation, regardless of whether that circumambulation be of an obligatory or recommended nature.
(1) Jogging between the two green markers; these mark the places between which Haajr, the mother of Ismaeel, paced back and forth. This is recommended for men who have the ability to do so and not for those who are weak or for women.
(2) One should stop at or on top of al-Safa and alMarwah to supplicate.
(3) One should make supplications during each of the trips between al-Safa and al-Marwah.
(4) One should say, “Allaahu akbar (Allah is greatest)” three times upon ascending both al-Safa and alMarwah each time one reaches them; one should also say,
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“There is none worthy of worship except Allah, the One, for whom there is no partner. To Him belongs the dominion and to Him is the praise. And He has power over all things. He fulfilled His promise, supported His servant and vanquished the parties by Himself.”
(5) The sa’ee should be performed immediately after the circumambulation such that there is no break between them without a valid reason.
The fourth essential act is stopping at Arafah. What this actually means is being present at the place known as Arafah, for a small portion of time or more, with the intention of stopping there between the time of noon on the tenth of Dhu-l-Hijjah until dawn on the tenth of Dhu-l-Hijjah. If a person misses this stopping at Arafah, he has missed the entire hajj and should then simply perform umrah and make up that hajj at a later time. He must also make a sacrifice, even if he had not made that a part of his rites prior. If an enemy is preventing one from reaching the House of Allah, he should make a sacrifice and then leave the inviolable state. If he is prevented due to an illness or running out of expenditures and he had laid down the condition, “I become free of the inviolable state wherever I am _ confined,” he leaves the inviolable state and there is no other act he must perform. However, if he did not make that condition, he must make a sacrifice that is easy upon him.
Topic Three: The Obligatory Acts of the Hajj and Umrah
The obligatory acts of the hajj are seven: (1) Entering the inviolable state before preceding beyond the required locations.
(2) Staying at Arafah until sunset for the one who is there during the daytime.
(3) Spending the night— at least until after midnight— before the Day of Sacrifice at Muzdalifah.
(4) Residing in Mina during the days of Tashreeq.
(1) Entering into the inviolable state— for those who live in Makkah it is from wherever they are and for those from outside it is at the appointed locations.
If a person fails to perform one of the essential acts, his rites are not complete unless he performs it.
If a person fails to perform an obligatory act, this must be compensated for by sacrificing an animal.
If a person fails to perform a recommended act, there is nothing he must then do.
The forbidden acts are deeds that if the person making hajj or umrah does any of them, it is obligatory upon him to make a sacrifice, fast or feed others. The following are forbidden for the male or the female in the inviolable state:
(1) Cutting one’s hair on any part of the body.
(3) Covering the head [for men] and covering the face for women, unless men who are not related to them should be passing by.
(4) Wearing sewn clothing by men, such as a long shirt or pants.
(6) Killing land game that is [normally] permissible to eat.
(8) Having sexual intercourse; if this were done before the “first lessening of the restrictions,”! all the rites then become void. They must then sacrifice a camel and continue in their hajj and make up the hajj in the following year. If that were done after the “first lessening of the restrictions,” then the rites do not become void but they must sacrifice a sheep.
(9) Having contact with women in a manner less than sexual intercourse; if the man ejaculates, he must sacrifice a camel. If he does not, then he must sacrifice a sheep. In either case, though, the rites of his hajj have not been voided.
The ruling for women is the same as for men conceming these issues except that she is allowed to wear sewn clothing. She may wear whatever she wills as long as it is not a display of beauty. She covers her head but uncovers her face, not covering it unless there are men who are not related to her present.