Part 40

“Indeed, (the correctness and rewards of) deeds depend upon intentions, and every person does get (the reward of) what he has intended.”

It is also reported on the authority of ‘Aishah, as a marfii‘ (traceable) hadith, that the Prophet (PBUH) said:

“When one does not intend fasting before dawn, his fasting is invalid.”

Thus, the Muslim must make the intention of performing the obligatory fasting from the night until before dawn. So, whoever intends fasting in the daytime, such as the one who gets up in the morning, abstains from eating and drinking, and intends fasting, his fasting is insufficient and unacceptable unless it is a supererogatory fasting, not an obligatory one.

Obligatory fasting must be intended beforehand, not during the daytime; the whole daytime is included in the time of fasting and intention cannot refer to something in the past. On the other hand, it is permissible for a Muslim to intend performing supererogatory fasting in the daytime, for ‘A ishah (may Allah be pleased with her), narrated:

“One day the Prophet (PBUH) came to me and said, ‘Do you have anything (to be eaten)?’ I replied, ‘No! Thereupon, he (PBUH) said, ‘Then I will observe fasting (today): ”*

This shows that he (PBUH) was not fasting then, as he asked for food, but intended fasting when he found nothing to eat. Thus, the aforesaid hadith involves a proof of the permissibility of delaying the intention of fasting, only in the case of supererogatory fasting. However, there is a condition on the validity of the supererogatory fasting intended during the daytime; none of the things nullifying fasting should have occurred before the moment of intending that supererogatory fasting, such as eating, drinking, and the like. In other words, if one has done any of such things that nullify fasting before intending supererogatory fasting during the daytime, one's fasting is indisputably invalid.

1 Al-Bukhari (4505) [8/225]. 2 Al-Bukhari (3560) [6/692] and Muslim (5999) [8/82]. 3 Al-Bukhari (1946) [4/233] and Muslim (2607) [4/233].

4 Fatwa: A legal opinion issued by a mufti [a Muslim scholar specialized in issuing legal rulings} in response to a layman's question on a point of the Islamic Law.

7 An-Nasa’j (2340) [2/512] and (2330) [2/509], Aba Dawad (2454) [2/571], Al-Tirmidhi (729) [3/108], and Ibn Majah (1700) [2/325].

8 Muslim (2708) [4/276], Abii Dawdd (2455) [2/572], Al-Tirmidhi (732) [3/111], AnNasa’i (2324) [2/506], and Ibn Majah (1701) [2/325].

Hajj (Pilgrimage) is considered one of the pillars and major acts of Islam; Allah, Exalted be He, says:

“+ And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way. But whoever disbelieves [i.e. refuses] - then indeed, Allah is free from need of the worlds.” (Qur'an: Alu ‘Imran: 97)

That is to say, Allah has made an obligation on Muslims to perform Hajj to Mecca, as indicated in the word “due” in the aforesaid verse. In the same verse, Almighty Allah refers to those who abandon this act of worship as disbelievers, saying:

“..But whoever disbelieves [i.e. refuses] - then indeed, Allah is free from need of the worlds,” (Qur‘an: Alu ‘Imran: 97)

All this confirms that Hajj is an obligatory act of worship and whoever does not believe in it is uniformly agreed to be a disbeliever.

Allah, Exalted be He, commanded His Intimate, Prophet Ibrahim (Abraham), saying:

“And proclaim to the people the Hajj [pilgrimage]...” (Qur'an: Al-Hajj: 27)

Moreover, ‘Ali Ibn Abd Talib (may Allah be pleased with him) narrated that the Prophet (PBUH) said:

“Whoever has the provision and the riding animal (or the means) that can carry him to the House of Allah (i.e. the Ka‘bah) and he does not perform Hajj, then it does no matter if he dies as a Jew or a Christian.”

(A marfii* (traceable) hadith related by At-Tirmidhiand other compilers of Hadith, and deemed sahih (authentic) also by Al-Tirmidhi)

“Islam is based on five (pillars): (i) testifying that there is no deity but Allah and that Muhammad is the Messenger of Allah; (ii) performing the (compulsory congregational) prayers dutifully and perfectly; (iii) paying Zakah; (iv) observing fasting during the month of Ramadan; (v) performing Hajj (i.e. Pilgrimage) for those who can afford it.”

The phrase “who can afford it” implies a condition on whom performing

Hajj is obligatory; that one must have enough provisions and means of transportation to travel to Mecca and return back to one's folks.

The reason why Allah decreed Hajj is shown in the following verse:

“That they may witness [i.e. attend] benefits for themselves and mention the Name of Allah on known [i.e. specific] days over what He has provided for them of [sacrificial] animals...”

“Then let them end their untidiness and fulfill their vows and perform tawaf around the Ancient House.”

In other words, the people are the beneficiaries from Hajj, not Allah, because Allah is free from need of the worlds. (Qur'an: Alu ‘Imran: 97) Allah is by no means in need of the pilgrims, unlike the pilgrims who are in need of the Lord to glorify and worship. It is the people who need Allah, so they come to visit His House seeking His aid to satisfy their needs.

The obligation of Hajj is decreed as the last pillar of Islam, after prayer, Zakah, and fasting. This is because prayer, the basic pillar of religion, is performed five times a day, so it has to be the first pillar of Islam. Zakdah has to come next, as it is always combined with prayer in many Qur'anic verses. Similarly, fasting follows them, as it is regularly observed, but once a year. On the other hand, Hajj was prescribed in Islam in the ninth year A.H. (ie. after the Prophet’s Hijrah (Immigration to Medina) according to the majority of scholars. We should also know that the Prophet (PBUH) performed Hajj only once in his lifetime and it is called the Farewell Hajj which was in the tenth year A.H.,’ but he (PBUH) performed ‘Umrah (Lesser Pilgrimage) four times’ in his lifetime.

The main purpose of Hajj and ‘Umrah is to worship Allah in the places he commanded us to worship Him therein. Allah’s Messenger (PBUH) said:

“Pebble throwing and performing sa‘y (i.e. going between As-Safai and Al-Marwah) are made (i.e. decreed) for mentioning Allah.”

Hajj (Pilgrimage) is uniformly agreed upon by Muslim scholars as an obligatory act of worship, and one of the pillars of Islam. It is prescribed for all Muslims; they are to perform Hajj once in their lifetime provided they can afford it, and it is a collective duty on all Muslims at a set time every year. On the other hand, any performance of Hajj other than the obligatory one is considered a voluntary act of worship.

Concerning ‘Umrah, many scholars regard it as a religious duty, for when the Prophet (PBUH) was asked if women had to participate in jihad (fighting in the Cause of Allah), he (PBUH) replied:

“Yes, there is a jihdd prescribed for them in which there is no fighting, namely Hajj and ‘Umrah?”*

Accordingly, if ‘Umrah is authenticated to be a religious duty for women, then the more it is so for men. To illustrate, once a man said to the Prophet (PBUH), “My father is an old man who can neither perform Hajj nor ‘Umrah

nor even travel.” Upon that, the Prophet (PBUH) said to him: “Perform Hajj and ‘Umrah on behalf of your father.”

(Related by the Five Compilers of Hadith and deemed sahih (authentic) by Al-Tirmidhi)

According to the above, it is obligatory for a Muslim to perform Hajj and ‘Umrah once in a lifetime; the Prophet (PBUH) said:

“Perform Hajj only once, and whoever performs it more than that, it is a voluntary act for him.”*

In Sahih Muslim (Muslim's Authentic Book of Hadith), it is narrated on the authority of Aba Hurayrah that the Prophet (PBUH) said:

“O people! Allah has made Hajj obligatory for you, so perform Hajj.” Upon that, a man asked, “(Is it to be performed) every year?” The Prophet (PBUH) answered, “If I were to say ‘Yes, it would become obligatory (for you to perform it every year) and you would not be able to do it?”

A Muslim, male or female, must perform the obligatory Hajj as soon as one is able to, and whoever defers it without a legal excuse is deemed sinful, for the Prophet (PBUH) said:

“Make haste to (perform the obligation of) Hajj, for the one of you does not know what might afflict him?”

Thereare five conditions that must be fulfilled as prerequisites of performing Hajj: to be a Muslim, to be sane, to have reached puberty, to be free (not a slave), and to be able to perform it. Those who meet these prerequisites are obliged to perform Hajj immediately.

Performing Hajj and ‘Umrah fora little boy is accepted as a supererogatory act of worship, as indicated in the hadith narrated by Ibn * Abbas:

“A woman lifted up a boy to (show him to) the Prophet and said, ‘Would this (child) be credited with performing Hajj?’ He (PBUH) replied, ‘Yes, and you will have a reward. ”"

Scholars uniformly agree that if a boy performs Hajj before reaching puberty, it is still obligatory for him to do it once again when he is an adult and has the ability to do it. That is to say, Hajj, which is performed in childhood, does not spare a person the obligatory Hajj when reaching puberty, and so is the case of ‘Umrah.

As fora child under the age of discretion, his guardian can assume ihrém (a state of ritual consecration during Hajj or Umrah) and declare the intention to perform Hajj on his behalf. The guardian should stop the child from doing whatever acts which are forbidden during Hajj, and should perform tawéf (circumambulating the Ka‘bah) and sa'y (going between As-Safa and AlMarwah) on behalf of the child while carrying him. The guardian is also to accompany the child to Mount *Arafah, Muzdalifah, and Mina, throwing the pebbles on his behalf.

However, if the child reaches the age of discretion, he can assume ihram and declare the intention to perform Hajj after seeking the permission of his guardian. The child is to perform whatever rites of Hajj he can do, and his guardian performs whatever the child is unable to do on his behalf, such as throwing the pebbles or the like. If the child is unable to walk, his guardian can carry him performing tawéf, sa ‘y, etc. Still, the child must perform whatever he can perform himself, whether or not (he is) at the age of discretion, and it is impermissible to perform any of the rites of Hajj on his behalf as long as the child is able to perform it himself. Also, he should avoid whatever acts forbidden to be done by adults during Hajj.

The one capable of performing Hajj is that who can afford it both physically and financially, i.e. the one able to endure the journey and have enough money to go and return. One has also to be able to supply one’s children and whomever one financially supports, leaving them enough money until one returns. In addition, one has to settle all one’s debts and fulfill all one’s financial duties before heading for Hajj, provided the journey to Hajj is safe for the pilgrim’s life and possessions.

So, if a person can afford Hajj financially but not physically, such as being disabled by old age or an incurable chronic disease, one in this case may assign someone to perform Hajj on his behalf. Ibn ‘Abbas (may Allah be pleased with him) narrated:

“A woman from (the tribe of) Khath‘am said, ‘O Messenger of Allah! The obligation of Hajj enjoined by Allah has become due on my father and he is old and weak, and he cannot sit firm on the mount (to travel); may I perform Hajj on his behalf?’ The Prophet (PBUH) replied, ‘Yes, you may? ie

The person who performs Hajj on behalf of another must have performed Hajj on his own behalf first, according to the following hadith reported by Ibn “Abbas (may Allah be pleased with him):

“The Prophet (PBUH) heard a man saying talbiyah in this way, ‘Here I am at Your service O Allah, on behalf of Shubrumah. He (the Prophet) asked, ‘Have you performed Hajj on your own behalf?’ The man said, ‘No. The Prophet (PBUH) said, ‘Perform Hajj on your own behalf first, then perform it on behalf of Shubrumah, ”"

(Related through a good chain of transmitters and is deemed sahih (authentic) by Al-Bayhaqi)

The one who performs Hajj on behalf of another should be given enough money to cover the costs of the journey back and forth. However, he should by no means get fees in return for this service, and should never use it as a means of earning money. He who performs Hajj on behalf of another should be doing this with the intention of helping a Muslim brother or sister and also visiting the House of Allah (the Ka’ bah) and the sacred precincts. Thus, one’s performance of Hajj on behalf of another should be intended for the Sake of Allah, not for any worldly purpose. On the other hand, if Hajj is performed in this way in return for money, then it will be invalid.

3 Al-Bukhari (4404) [8/134] and Muslim (3025) [4/460]. See also Muslim (2941) [4/404].

6 Ahmad (25198) [6/166], An-Nasa’i (2627) [3/121] and Ibn Majah (2901) [3/413]. See also Al-Bukhari (152) [3/480].

7 Abii Dawid (1810) [2/276], Al-Tirmidhi (930) [3/269], An-Nasa'i (2620) [3/117], and Ibn Majah (2906) (3/415).

8 Aba Dawid (1721) [2/237], An-Nasa’i (2619) [3/117] and Ibn Majah (2886) [3/406].

Hajj is prescribed for every Muslim, male or female, yet there are some additional conditions for Hajj that are obligatory for women. A woman must be accompanied by a mahram' during Hajj. It is impermissible in religion for a woman to travel for Hajj or anything else without a mahram, for the Prophet (PBUH) said:

“A woman should not travel except with a mahram, and no man may visit her except in the presence of a mahram.””

(Related by Imam Ahmad with an authentic chain of transmitters) It is also narrated in the Two Sahihs that a man said to the Prophet (PBUH):

“O Messenger of Allah! My wife is proceeding for Hajj and I have enlisted in the army for such-and-such a battle.” Thereupon, the Prophet (PBUH) said to him, “Go, and perform Hajj with your wife.”

Moreover, it is stated in the Sahilt Books (Authentic Books of Hadith) and other books of Hadith that the Prophet (PBUH) said:

“It is impermissible for a woman to travel for one day and night . vt except with a mahram.

All the aforesaid hadiths state that it is prohibited for a woman to travel without a mahram, whether she is traveling for Hajj or anything else, so as to avoid corruption or seduction on her part or others when she is abroad alone.

‘A mahram is a prerequisite. Thus, it is not obligatory for a woman who has no mahram to perform Hajj, or to make someone perform it on her behalf”

The mahram of a woman should be her husband or any person unmarriageable to her forever, either by kinship such as a brother, a father, an uncle, and a nephew, or by being unmarriageable to her for a legal reason such as a foster brother, or by affinity, such as a stepfather or a stepson. To illustrate, it is narrated in Sahih Muslim (Muslim's Authentic Book of Hadith) that the Prophet (PBUH) said:

“It is not lawful for a woman believing in Allah to undertake a journey extending over three days or more unless she is in the company of her Sather, her son, her husband, her brother, or any other mahram.””

A woman must cover the expenses of her mahram during the journey of Hajj. Therefore, a woman is not obliged to perform Hajj until she has enough money to cover her own and her mafiram’s expenses to and fro.

Ifa woman finds a mahram yet she delays performing Hajj, out of negligence, until she loses him while she still possesses the financial capability, she has to wait until she finds another mahram. However, if she has lost hope in finding another mahram, she is to find someone to perform Hajj on her behalf.

If someone is obliged to perform Hajj but he died before doing it, an amount of money, enough to cover the Hajj expenses, should be taken out of the capital of his inheritance and given to someone to perform it on his behalf. Al-Bukhari related on the authority of Ibn ‘Abbas (may Allah be pleased with him) that: