Part 41

“A woman said to the Prophet, ‘O Messenger of Allah! My mother had vowed to perform Hajj but she died before performing it. May

Chapter 2: Women’s Hajj and Rulings on Performing It on Someone's 413

I perform Hajj on her behalf?’ He replied, ‘Yes, perform Hajj on her behalf. Had there been a debt on your mother, would you have paid it or not? (If yes} so pay Allah’ debt as He has more right to fulfill His debt (i.e. the obligation of Hajj). ”*

The aforesaid hadith proves that anyone who dies before performing the obligation of Hajj, then his son or guardian should do it on his behalf or they should find someone to do it on his behalf, provided that the expenses of the Hajj journey is taken from his inheritance. Moreover, the guardian should also pay the debts of the dead person; scholars uniformly agree that the debt of a man should be taken out of his money, and so should be any other financial obligations (such as the expenses of performing Hajj for him and the like).

According to another hadith, the Prophet (PBUH) enjoined a woman whose sister vowed to perform Hajj and died before fulfilling it, to perform Hajj on her behalf’. Similarly, it was related in the Sunan of Ad-Daraqutni that he (PBUH) enjoined a man whose father died before performing the obligation of Hajj, to perform it on behalf of his father *. That is to say, there is not much legal difference between the obligation of a legislative origin and that which one vows upon himself; both have to be fulfilled, whether it is enjoined by the deceased in his/her will to perform it on his/her behalf or not.

When someone performs Hajj on behalf of another, the latter becomes no longer obliged to perform it. It is as if he has performed it himself. In this case, the one performing Hajj for another is called a “deputy pilgrim.” Upon performing Hajj on behalf of another, a deputy pilgrim should have the intention of performing Hajj on that person's behalf, and he is to chant talbiyah also on his behalf; it is sufficient to make the intention to perform the rites of Hajj on someone's behalf without mentioning his name. However, if the deputy pilgrim forgets the name of the person on behalf of whom he is performing Hajj, he can declare the intention and recite talbiyhah on behalf of the one who has given him money to perform Hajj on his behalf, without mentioning his name.

It is recommended for a Muslim to perform Hajj on behalf of his parents whether they are dead or alive but lacking the ability to do it; a Muslim is to perform it on his mother’s behalf first, as the mother is worthier of one’s dutifulness.

1 Mahram: A woman's husband or any unmarriageable kin of hers.

2 Al-Bukhari (1862) and (1086, 1087), and Muslim (1341) and (1338). 3 Al-Bukhari (3006) [6/172] and Muslim (3259) [5/113).

Hajj has a magnificent virtue and a great reward. Al-Tirmidhi narrated a marfi (traceable) hadith, which he deemed sahih (authentic), on the authority of ‘Abdullah Ibn Mas’ iid stating that the Prophet (PBUH) said:

“Perform Hajj and ‘Umrah (Lesser Pilgrimage) making them follow each other, for they remove poverty and sins as a blacksmith'’s bellows removes impurities from iron, gold, and silver. And an accepted performance of Hajj gets no reward less than Paradise.”'

Moreover, it was narrated in Sahih Al-Bukhdri (Al-Bukhdris Authentic Book of Hadith) that ‘Aishah (the Prophet's wife) asked the Prophet (PBUH) saying:

“We see that jihad’ is the best of (good) deeds, so should we not (as women) participate in jihad?” He (PBUH) replied, “The best and the most superior jihad for women is the accepted performance of Haijj.”*

Itis important to point out that an accepted performance of Hajj is that which is perfectly performed and not tarnished with ill deeds. It is also maintained that an accepted Hajj is that which is worthy of being accepted by Allah.

Whenever one intends to perform Hajj, one should repent of all one’s sins, and free oneself from being unjust to others, by returning rights to those to whom they are due. One should also return all trusts, loans and debts in one’s possession to their owners before setting out for Hajj. Moreover, one should ask the forgiveness of those whom one has wronged, and should also write one’s will before departure. In case one could not settle such obligations before traveling for Hajj, one should authorize someone to do them on one’s behalf. One, as well, should secure one’s children and those one supports with enough money until one’s return. Furthermore, one must make sure that the money one uses for the expenses of Hajj is lawfully obtained, and should also take enough provisions and money for the trip, so that one might not need the assistance of anyone there, provided that one’s provisions be lawfully obtained; Allah, Exalted be He, says:

“O you who have believed, spend from the good things which you have earned...” (Qur'an: Al-Baqarah: 267)

In addition to the above, a pilgrim should try to find a pious companion to morally support him during the journey and while performing the rites of Hajj; a righteous mate to guide him when he is wrong and to remind him when he forgets. On the other hand, a pilgrim should renew his intention, determining that his performance of Hajj is only for the Sake of Allah. A pilgrim should also treat people with kindness and good manners, avoid quarreling or annoying others, and safeguard his tongue against insult, backbiting, and whatever does not please Allah and His Messenger.

1 Al-Tirmidhi (809) [3/175], An-Nasa’i (2630) [3/122], and Ibn Majah (2887) [3/407] and (2888) [3/407].

There are certain times for Hajj, and certain sites for entering the state of ihram.

The times specified for Hajj are mentioned by Allah, Exalted be He, when He says:

“Hajj is [during] well-known months, so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj...” (Quran: Al-Baqarah: 197)

These months are: Shawwal, Dhal-Qa’ dah, and the first ten days of DhailHijjah. Therefore, anyone who enters the state of ihram in these months with the intention to perform Hajj must avoid offensive words and deeds which contradict the purity of that act of worship, and should also be preoccupied with good deeds and abide by piety.

They are the specific places which a pilgrim must not exceed and head for Mecca without entering the state of ihrdm (a state of ritual consecration during Hajj or ‘Umrah), declaring his intention to perform Hajj. These places were pointed out by the Prophet (PBUH) as mentioned in the narration of ‘Abdullah Ibn * Abbas who said:

“Allah's Messenger (PBUH) specified Dhul-Hulayfah (as a site for thram) for the people of Medina, Al-Juhfah for the people of AshSham,’ Qarnul-Manézil for the people of Najd, and Yalamlam for the people of Yemen, saying, ‘They are (sites for ihram) for those people and for any other people coming through them (i.e. those sites) with the intention of performing Hajj and ‘Umrah (Lesser Pilgrimage). And whoever is living within these boundaries can assume ihram from the place he starts from, and the people of Mecca can assume ihram from Mecca’ a

Moreover, Imam Muslim related on the authority of Jabir that the Prophet (PBUH) said:

The idea behind setting such miqats for Hajj is as follows: The House of Allah (the Ka’bah), being so glorified and honored by Allah, is fortified by Allah through Mecca and protected by the Sanctuary of Mecca which, in turn, is glorified by those miqats beyond which one cannot pass without being in the state of ihram as a sign of honor and glorification to the House of Allah.

The farthest of these sites for entering ihraém is Dhul-Hulayfah, which is specified for the people of Medina; the distance between this place and Mecca is about a ten-day journey (on camels or the like). As for the people of Ash-Sham, Egypt and Morocco, the site for ihram is Al-Juhfah, which is near Rabigh; this place is about three-night journey far from Mecca, and some say it is even further. Yalamlam, which is two-night journey far from Mecca, is the site for ihraém for those coming from Yemen. The site for ihram (a state of ritual consecration during Hajj or 'Umrah) for the people of Najd is Qarnul-Manazil - now known as As-Sayl - which is two-night journey far from Mecca. As regards the people of Iraq and those of the East, the site for ihram is Dhatu-*Irq, which is two-night journey far from Mecca. These are the sites for entering ihram for the people of the aforesaid places and those passing through them with the intention of performing Hajj or ‘Umrah. Regarding

those who dwell in places that are nearer to Mecca than the aforementioned places, they assume ihram for Hajj or ‘Umrah from their places, As mentioned above, the residents of Mecca, however, enter ihrém for Hajj from their own residence, i.e. from places at Mecca itself; they do not have to get out of Mecca to assume ihram from there. However, when it comes to ‘Umrah, they have to get out of Mecca to the nearest precincts wherefrom they can assume ihram.

As for those who do not pass by any of the aforesaid sites of ihram on their way to perform Hajj, they have to assume ihram once they know they are at the nearest place opposite to any of these sites. Al-Bukhari related that ‘Umar Ibnul-Khattab (may Allah be pleased with him) said to the people of Iraq:

“Make your site for ihram a place situated opposite to it (i.e. opposite to Qarnul-Manazil, the place of ihram for the people of Najd) on your usual way.”*

Similarly, those who travel by plane should assume ihram once they know that they are parallel to any of the sites for ihram during the flight. However, they should be prepared before getting on board the plane by ritual bathing and cleaning. Afterwards, whenever the plane reaches a place that is parallel to any of the aforesaid sites for ihram, they should declare the intention of ihram and chant talbiyah in the plane. It is impermissible for one to delay ihram until the plane lands in the airport of Jeddah as some pilgrims mistakenly do, as both Jeddah and Bahrah are not sites for ihram except for their own people or anyone who intends to perform Hajj or ‘Umrah while being there. Otherwise, it is impermissible to assume ihraém from Jeddah, as it will be regarded as negligence of one of the rites of Hajj, namely assuming ihram from one of its decreed sites, and one in this case will be obliged to slaughter a sacrificial animal in expiation.

Here is a common mistake made by many people and it has to be pointed out; some people mistakenly believe that they have to take a ritual bath before assuming ihram, arguing that this is not possible while being in a plane and so on. Therefore, it is important to point out that ihram means declaring the intention to perform the rites of Hajj or ‘Umrah, avoiding the acts prohibited to be done while being in a state of ihram as much as possible. As for washing, wearing perfumes, and the like, they are acts of the Sunnah which a Muslim can do before getting on board the plane, and assuming ihram without observing them is permissible. So, a plane passenger can make the intention to assume ihram and recite talbiyah while being in his/her seat once the plane is over any of the known sites for ihram or just before it. This is known by asking the pilots

or the hostesses of the plane, or trying to find it out independently through investigation and estimation, Thus, one would have done one’s utmost in this regard. However, if one does not care, it will be considered an inexcusable negligence and indifference regarding one of the prerequisites of Hajj and ‘Umrah, namely ihram, which may invalidate them.

As for those who pass by their site of thram without assuming it, they have to return to that site and assume ihram, for it is a manageable obligation that should never be neglected. So, if one does not go back and assume ihram from the right site - as some mistakenly do from Jeddah and the like - one in this case will be obliged to slaughter a sacrificial animal in expiation, i.e. to slaughter a sheep or to get one-seventh of a camel or one-seventh of a cow and divide it among the residents of the Sanctuary of Mecca, provided one (the pilgrim who sacrifices) should eat nothing from it.

In a nutshell, Muslims should take an interest in their religious matters so as to perform all acts of worship properly and perfectly as legally enjoined. Among these religious matters is the ihram for Hajj and ‘Umrah; it has to be assumed from the sites for ihraém specified by the Prophet (PBUH). Therefore, a Muslim should be aware of these sites and never pass them without being in a state of ihram.

1 Migats of Hajj: The fixed times of Hajj and the sites for entering the state of ihram. 2 Ash-Sham: The Levant; the region covering Syria, Lebanon, Jordan, and Palestine. 3 Al-Bukhari (1524) [3/484] and Muslim (2796) [4/324].

Thram (a state of ritual consecration during Hajj or ‘Umrah) is the first of the rites of Hajj, and it means the intention to start the rites. It is called ihram (which is derived from the Arabic word “hardm,’ i.e. forbidden or prohibited) because a pilgrim by assuming ihram prohibits himself from all the acts that have been permissible before being in this state, such as sexual intercourse, wearing perfume, clipping one’s fingernails, having one's hair cut, or wearing certain kinds of clothes. To illustrate, Shaykhul-Islam Ibn Taymiyah (may Allah have mercy on him) said:

“A man is not considered in a state of ihram once he intends, with his heart, to perform Hajj, for the intention is already in his heart since he has left his hometown (heading for Mecca). So, there must be specific words or deeds through which he becomes in a state of ihram.?”

Before assuming ihram, it is desirable to get prepared for such a state by some deeds prior to this great act of worship:

First: It is desirable to have a bath - washing the whole body - before ihrém, for the Prophet (PBUH) used to do so before assuming ihram’. This is also because bathing is a better and more comprehensive way of cleaning and ridding oneself of any undesired smell. Moreover, having a bath upon assuming ihrdm is also required for a woman in a state of postnatal bleeding or menstruation, for the Prophet (PBUH) commanded Asma Bint

“Umays, who was ina state of confinement, to take a bath before assuming ihram, as related by Imam Muslim’. He (PBUH) also commanded * Aishah (his wife) to do the same though she was in her menstrual period”, The purpose of this is to clean the body, remove undesired smells and remove the impurity of menstruation or confinement.

Second: Before assuming ihrdam, it is desirable to clean oneself perfectly well, removing the hair which is legally enjoined to be removed, such as trimming the moustache, shaving the hair of the armpits, and shaving the pubic hair. One should do this before assuming ihram because it will not be allowed when being in a state of ihram. Yet, removing such kinds of hair is not one of the prerequisites for ihram. In other words, if one does not need to trim or shave any of them, one is not obliged to do so; it is permissible to do so if needed,

Third: It is desirable for a pilgrim to perfume oneself using whatever is available, such as musk, incense, rose-water, aloes, or the like, for *AXishah (may Allah be pleased with her) reported:

“T used to scent Allah's Messenger (PBUH) whenever he wanted to assume ihram and (also) on finishing ihram before circumambulating the House of Allah (i.e. before tawéf).””

“If a pilgrim wants to wear some perfume before assuming ihram it will be fine. Yet, doing so is not obligatory, for the Prophet (PBUH) did so but he did not enjoin the people to do the same.”*

Fourth: Itis desirable for male pilgrims before ihram to take offall tailored or sewn clothes and wear something unstitched; the Prophet (PBUH) used to take off his tailored or sewn clothes and wear something unstitched - after taking a bath - to assume ihram’. So, a pilgrim should wear a white, clean unstitched loincloth wrapped round the lower part of the body, wrapping another sheet of white, clean, unstitched cloth round the upper part. Yet, it is permissible to replace the white color