Loading...
Loading...
Chapter 12 of 1710 min read
الجزء الثاني عشر: أحكام القضاء
The “first lessening of the restrictions” occurs after a person has performed any two of the following three acts: (1) the circumambulation, (2) the throwing of the pebbles or (3) the shaving or cutting of the hair.
If a woman gets her menses while she was intending to perform the hajj followed by the umrah with a break in between and she fears that she will miss the hajj, she enters
into the inviolable state with her menses and she makes her rites as the hajj combined with the umrah. The menstruating woman and the woman with post-partum bleeding perform all of the rites of the hajj save for the cireumambulation of the House of Allah.
It is allowed for the pilgrim to slaughter livestock and similar animals. Furthermore, he may kill any harmful animals, such as lions, wolves, tigers, cheetahs, snakes, scorpions, rats and any harmful animal. He may also kill water animals and eat them.
It is forbidden for a pilgrim or a non-pilgrim to cut the shrubbery of the inviolable sanctuary or to cut its grasses, except for idhkhar which is type of grass that may be cut. It is forbidden for him to kill game animals. If he does so, he must fulfill the penalty or “ransom”. It is also forbidden to hunt the game of Madinah or to cut its shrubbery, although there is no penalty or ransom in that case.
If someone has a valid excuse and is forced to do one of the above mentioned forbidden acts, except for sexual intercourse, such as shaving one’s hair or wearing sewn clothing, he may do so but he has to fulfill the penalty. He has a choice between (a) fasting three days, (b) feeding sixty poor people, each one with a mudd (what two hands cupped together can hold) of wheat, rice or so on or (c ) slaughtering a sheep.
If a person does any of the above mentioned forbidden acts due to ignorance, forgetfulness or coercion, then there is no sin upon him and no penalty. This is based on Allah’s statement,
“Our Lord! Do not take us to task if we forget or fall into error” (al-Bagarah 286). [This is a supplication that is confirmed in a hadith that Allah has responded to positively.]
If a pilgrim kills a land game and there is a comparable animal that he can sacrifice, he has the choice between getting such an animal, sacrificing it and distributing its meat among the poor who live in the area of the Grand Mosque, or taking the value of the animal and buying food to feed the poor, with each of them receiving a mudd! worth of food, or fasting one day for every mudd of food that he would have given. If there is no comparable animal to the one killed, he has a choice between buying its value’s worth of food and distributing it among the poor who live in the area or fasting one day for each mudd of food that he would have given.
The ransom or penalty for engaging in contact with women without ejaculation is the same as the penalty for the one who has a valid excuse to violate one of the acts: he either fasts, feeds the poor or slaughters a sheep.
If a person has sexual intercourse during the hajj and before the “‘first lessening of the restrictions,” he must sacrifice a camel. Ifhe is not able to, he must fast three days during the hajj and then another seven upon his return to his land. If the act was after the “first lessening of the restrictions,” then his ransom is the same as the one who has a valid excuse to violate one of the acts of hajj, as described above.
The one who performs the hajj with the umrah, in either fashion, and who is not from the Makkah area, must sacrifice a sheep [as part of the rites of hajj]. Another option is for seven people to join together in the sacrifice of a camel or cattle. If one is not able to perform the sacrifice, he must fast three days during the hajj and then another seven days when he returns to his home.
The one who is prevented from reaching Makkah and performing his hajj must make a sacrifice. If he is not able to, he must fast ten days before he leaves the inviolable state.
' A mudd is what a man with normal sized hands can hold with his two hands held together in the shape of a bowl.
If someone violates the restrictions more than once but with acts all of the same violation and he had not yet performed the ransom, then he performs the ransom only once— with the exception of killing more than one game animal. However, if he violates the restrictions more than once by doing different violating acts, such as cutting his hair and then clipping his nails, he must then perform the ransom for every separate type of violation he did.
Topic Five: The Specific Times and Locations for Entering into the Inviolable State
There are specific times and specific locations for entering into the inviolable state.
The specific time for entering into the inviolable state is during the “months of Hajj,” which are Shawaal, Dhu-lQaaidah and Dhu-1-Hijjah.
The specific locations for the people who want to make hajj or umrah are five. They are:
(1) Dhu-l-Halaifah: This is the appointed place for the people of Madinah and those who pass through it. It is 435 kilometers from Makkah. It is the appointed place that is the furthest from Makkah.
(2) Al-Juhfah: This is the appointed place for the people of al-Shaam (Syria, Palestine, Jordan, Lebanon region) and Egypt and those who are from the same direction or pass through those areas. It is a village close to Raabigh. It is 180 kilometers from Makkah. Today, people enter the inviolable state at Raabigh.
(3) Yalamlam: This is the appointed location for the people of Yemen and surrounding areas and those who pass
through that area. Yalamlam is a valley about 92 kilometers from Makkah.
(4) Qam al-Manaazil is the appointed location for those coming from or through Najd or Taaif. Today, it is known. as al-Seel al-Kabeer. It is 75 kilometers from Makkah. The place to enter into the inviolable state is at the top of Qarn al-Manaazil.
(5) Dhaat Irq: This is the appointed location for those from or going through Iraq, Khurasan, central and north Najd and the surrounding areas. It is a valley and is also called alDhareebah. It is about 100 kilometers from Makkah.
Those are the appointed places for the people of those areas or others who transverse through those lands wanting to make hajj or umrah.
Whoever is living already within the appointed places enters the inviolable state wherever he wills, to the point that the people of Makkah enter the state within Makkah itself. If a Makkan wants to make hajj, he enters the inviolable state within Makkah. If he wants to make umrah, he goes outside of the limits of the sacred mosque and enters the inviolable state there.
If a person does not exactly pass through one of the appointed locations, he enters the inviolable state at a location parallel to the closest appointed spot. He enters the inviolable state as he passes that location whether it be by plane, car, bus or whatever.
It is not allowed for a person making hajj or umrah to pass beyond the appointed locations without entering into the inviolable state. If a person passes through them without entering into the inviolable state, he must go back to them and enter into the inviolable state from there. If he does not go back and he enters into the inviolable state from wherever he is, he must sacrifice an animal and his hajj or umrah will be valid. If he enters the inviolable state before reaching the appointed locations, his act is valid but reprehensible.
This is the camel, cattle or sheep/goat that is sacrificed on the Day of Sacrifice or days of Tashreeq (11¢® through 13th of Dhu-l-Hijjah) with the intention of a sacrifice. This isa sunnah or recommended act.
The sacrifice is to be done from after the Eid Prayer on the Day of Sacrifice until the end of the days of Tashreeg (the 13th of Dhu-l-Hijjah).
It is recommended to divide the slaughtered animal into three portions: the person eats one-third, gives one third away asa gift and gives the last third away as charity. There is great merit to the sacrifice as the wealth is spread around and the poor are benefited and their needs are met.
An animal does not suffice asa sacrificial animal or the animal of the hajj unless it be a female camel of at least five years old, a cow of at least two years old, a fat sheep of at least six months or a goat of at least one year.
It is sufficient for one person to slaughter a sheep or for seven to join together in a camel or cow. It is permissible for a sheep, camel or cow to be slaughtered on behalf of oneself or the members of one’s family. The slaughtered animal must be free of any types of defects.
It is recommended to slaughter on behalf of the living and permissible to do so on behalf of someone who has died. For the one who [although is not performing the hajj but] is
going to perform the sacrifice, it is not permissible for him to remove any of his hair or skin during the first ten days of the month of Dhu-l-Hijjah. It is recommended for him to fast those days and to increase his good deeds therein.
The ageeqah is the animal that is slaughtered at the time a child is born. It is a recommended act. For a boy, two sheep should be slaughtered; for a girl, only one sheep is slaughtered. This slaughtering is to take place on the seventh day and the child is also named on that day, has his hair cut and the weight of his hair in silver is given in charity. If that day is missed, it is to be done on the fourteenth day. If that day is also missed, it is done on the twenty-first day. After that, it is done at any time. It is recommended not to break the bones of the animal. The ageegah is a way of expressing thanks to Allah for the continuous blessings one receives as well as the child just received.
Jihad (2\¢——>) is to expend every effort and ability in fighting against the disbelievers.
Jihad is the apex of Islam and the most virtuous of the voluntary deeds. Allah has legislated it to meet the following goals:
(1) To make the word of Allah supreme and all religion only for Allah.
(2) For the happiness of mankind and to release them from darkness into light.
(3) To establish justice on the earth, by establishing the truth and eradicating falsehood and preventing oppression and evil.
(4) To spread the religion, protect the Muslims and foil the stratagem of the enemies.
Jihad is a communal obligation. If enough members of the community fulfill this responsibility, the rest of the members are absolved of any responsibility. However, under
the following circumstances it becomes obligatory upon everyone who has the ability to perform it:
(1) If the person is in the rows of those actually engaged in fighting.
(2) If the enemy has appeared in the people’s land.
(3) If the Imam calls for all to go out to the jihad.
[In general, jihad is only obligatory upon a person when he meets the following conditions:]
(5) Being free of physical defects (such as illness, blindness, being lame).
Jihad can be divided into the following four types:
(1) Jihad against the soul: This refers to striving against one’s soul to make it learn about the religion, act upon those teachings, call others to it and bear with patience the harm that comes as a result of calling others to the straight path.
(2) Jihad against Satan: This is struggling against Satan with respect to the doubts and desires that he casts into the heart of man.
(3) Jihad against the disbelievers and hypocrites: This is done with the heart, tongue, wealth and hand.
(4) Jihad against the wrongdoers, heretics and evil folk: This is best to be done with one’s hand. If one is not able
to do that, then with one’s tongue. If one is not able to do that either, then with one’s heart.
There are seven benefits with Allah awaiting the martyr: he will be forgiven from the moment of his first drop of blood, he shall see his abode in Paradise, he shall be rescued from the punishment of the grave, he will be saved from the great frightening, he shall wear the crown of faith, he shall get married from the haur al-ain [spouses in Paradise] and he shall intercede for seventy of his relatives.