Part 45

As for the conditions of the validity of sa'y, they are as follows: 1Having the intention of performing sa‘y

2Completing seven full rounds beginning from As-Safa and ending at Al-Marwah

5 Abii Dawiid (1907) [2/318], An-Nasa’i (3045) [3/292] and Ibn Majah (3048) [3/483].

7 Aba Dawid (1975) [2/341], Al-Tirmidhi (956) [3/289], An-Nasai (3069) [3/301], and Ibn Majah (3037) [3/479].

14 Abd Dawid (1984) [2/344], Ad-Daraqutni (2640) [2/239], and Ad-Darimi (1882) [1/493].

16 Sa‘id Ibn Mansa in his “As-Sunan", Abd Dawdd (1978) [2/342], and Ad-Daraqutni (2660) [2/243].

20 The Yamani (the Yemeni) Corner: The southern corner of the Ka‘ bah that faces Yemen.

21 ‘Awrah: The private parts or parts of the body which are illegal to expose to others; a male's ‘awrah is from the navel to the knees, whereas in another view it is said to be the external organs of sex and excretion. As for a female's ' awrah, it includes all her body in one view whereas in another it is all her body with the exception of her face and hands.

22 Hijr Ismail (Ishmael’s Precinct): The semi-circular short wall located a few meters east of the Ka‘ bah and considered part of it.

After the completion of the [fadah (Going-Forth) Tawéf, it is obligatory for a pilgrim to return to Mina on the Feast Day’ and to spend the night there, as Ibn *‘ Abbas (may Allah be pleased with him) narrated:

“Allah’s Messenger (PBUH) did not grant anyone (of the pilgrims) permission to spend the night at Mecca (during the nights of Mina) except for Al-‘Abbds, as he used to provide water for the pilgrims (to drink). oH

Thus, a pilgrim is to spend the night of that day at Mina, remaining there for three nights if he is not in a hurry. Otherwise, if a pilgrim is in a hurry, he may stay there only for two nights: the eleventh and the twelfth of DhulHijjah. At that time, a pilgrim is to shorten all the prayers without combining them; each prayer is to be performed at its due time.

A pilgrim has to throw pebbles at each of the three Jamrahs of Mina on each of the Days of Tashrig. Throwing pebbles is to be performed when the sun declines (i.e. at noon), as Jabir (may Allah be pleased with him) narrated:

“AllahS Messenger (PBUH) threw pebbles on the Day of Sacrifice at mid-morning, and after that (i.e. on the eleventh, twelfth, and thirteenth of Dhul-Hijjah) (he used to throw pebbles) when the sun had declined.”"

(Related by the Group of Compilers of Hadith) Moreover, Ibn ‘Umar (may Allah be pleased with him) said:

“We used to wait until the sun declined and then we would throw the pebbles.”*

This shows that the Prophet and his Companions used to observe the appropriate time for throwing pebbles, so pilgrims should follow in the Prophet's footsteps, as he (PBUH) said:

Thus, the appropriate time for throwing pebbles on the three Days of Tashrig (the eleventh, twelfth, and thirteenth of Dhul-Hijjah) is after the sun declines; it is insufficient to throw the pebbles before that time; rather, we should follow the example of the Prophet (PBUH) who said:

All acts of worship must be performed at the time specified by the Prophet (PBUH) in his Sunnah, For example, prayer has specific times at which it is to be performed; otherwise, it is impermissible. Likewise, throwing the pebbles has to be performed at the times specified by the Prophet (PBUH).

The great Muslim scholar, Imam Ibnul-Qayyim (may Allah have mercy on him), in his description of the Prophet's (PBUH) way of throwing pebbles as stated in the honorable Sunnah, said:

“The Prophet (PBUH) returned to Mind after performing the Ifadah Tawéf, and spent the night there. In the morning, he (PBUH) waited until the sun declined and then he took his camel, without riding it, and headed for the First Jamrah which is next to the Mosque of Al-Khayf, and began to stone it. He (PBUH) stoned it with seven consecutive pebbles, saying, “Allahu-Akbar” (i.e. Allah is the Greatest)

upon throwing each pebble. After that, he (PBUH) approached it (the First Jamrah) until he became so near, and then he faced the giblah, raised his hands and kept supplicating Allah for quite a long time approximately equivalent to the time taken to recite the surah of Al-Bagarah (the Cow)’. Afterwards, he (PBUH) moved towards the Middle Jamrah and stoned it in the same way. Then, he moved leftwards near the valley, faced the qiblah, raised his hands, staying at the bottom of the valley and standing so that the House (i.e. the Ka‘bah) was on his left and Mind on his right, and stoned the Last Jamrah (Jamratul-‘Aqabah) with seven pebbles as well...” 7

“|. After he (PBUH) had finished stoning (the Last Jamrah; Jamratul- ‘Aqabah), he hurried back without stopping there to supplicate. It was said that he did not stop there because of the huge throng of pilgrims. It was also said, and this is the most valid opinion, that the Prophet (PBUH) used to stop to make supplication during the act of worship itself (as he did at the First Jamrah and the Middle Jamrah). So, when he finished stoning the Last Jamrah (Jamratul- “Agqabah), he thus finished performing the act of worship, namely throwing the pebbles (so he did not stop there to supplicate Allah), bearing in mind that making supplication during an act of worship is better than doing after finishing it. This is just like the case of making supplications during prayers; the Prophet (PBUH) used to make supplications during prayer itself, not after finishing it."

Thus, throwing the pebbles has to be performed in the following order: A pilgrim should start with the First Jamrah which is the nearest to Mina and Al-Khayf Mosque, then the one that follows it namely the Middle Jamrah, and finally the Last Jamrah (Jamratul-'Agabah, which is also called ‘the Great Jamrah’), the last of the three Jamrahs nearest to Mecca. A pilgrim should throw seven consecutive pebbles at each Jamrah, raising his hands upon each throw and saying, “Allahu-Akbar’” (i.e. Allah is the Greatest). In addition, each pebble should be thrown into the throwing place (the fenced area surrounding the pillar) whether it settles or not after falling inside; it is insufficient if a pebble falls outside it, and another pebble has to be thrown in compensation.

As for pilgrims who cannot throw the pebbles themselves due to sickness or old age, as well as pregnant women and those women who might be harmed by the throng of pilgrims, it is permissible for them to ask someone else to

throw the pebbles on their behalf. The one who performs stoning on behalf of another can throw the pebbles for himself and for the other pilgrim at the same place. In other words, he is not obligated to stone all Jamarhs firstly for himself then return to the First Jamrah to start stoning on behalf of the other pilgrim, as this will be very difficult and exhausting due to the huge throngs; and Allah Knows best. If the one performing stoning by proxy is performing the obligation of Hajj for the first time, then, at each Jamrah, he has to throw his own pebbles before throwing those of the other pilgrim.

Having finished stoning on the twelfth of Dhul-Hijjah, a pilgrim is free either to return to Mecca before sunset or to spend the night (of the twelfth of Dhul-Hijjah) in Mina, and throw pebbles at the three Jamrahs on the following day, the thirteenth, after the sun declines (at noon). Yet, the latter choice is better, as Allah, Exalted be He, says:

“Then whoever hastens [his departure] in two days - there is no sin upon him; and whoever delays [until the third] - there is no sin upon him - for him who fears Allah...”

On the twelfth of Dhul-Hijjah, if the sun sets while a pilgrim is still in Mina, then he must spend the night there and do the pebble throwing on the following day, as Almighty Allah says, as mentioned above:

“\.. Then whoever hastens [his departure] in two days - there is no sin upon him,,.” (Qur’in: Al-Baqarah: 203)

If a female pilgrim has menstruated or has a postpartum period after or before assuming ihrdm, she remains in her ihraém. She can perform all the rites of Hajj as other pilgrims do, such as standing at ‘Arafah, spending the night at Muzdalifah, throwing the pebbles, and spending the nights at Mina. Still, it is impermissible for her in such cases to perform tawéf or sa‘y unless she purifies herself from the state of major ritual impurity. However, if she has menstruated after performing fawéf, it is permissible for her to perform say, as ritual purity is not a prerequisite for sa‘y.

If a pilgrim desires to return to his home country or elsewhere after finishing all the rites of Hajj and prepared for traveling, just before leaving Mecca he has to perform the Farewell Tawéf so as to be the last thing done in Mecca, Again, a menstruating pilgrim is exempted from performing the

Farewell Tawéf, so she can travel without doing it, as Ibn ‘Abbas (may Allah be pleased with him) narrated:

“The people (i.e. pilgrims) were commanded (by the Prophet) to perform the Farewell Tawaf around the House (the Ka ‘bah) as the last thing to do before leaving (Mecca), yet menstruating women were exempted.”

He also narrated that when the Prophet (PBUH) saw the pilgrims departing from Mecca, he (PBUH) said to them:

“None amongst you should depart until he performs the Farewell Tawéf around the House (i.e. the Kabah) as the last thing to do (at Mecca).”"”

(Related by Imams Ahmad, Muslim, Aba Dawad, and Ibn Majah) Moreover, Ibn * Abbas narrated:

“The Prophet (PBUH) gave permission to menstruating women to depart from (Mecca) without performing the Farewell Tawaf around the House (i.e. the Kabah) provided that they have already performed the Ifadah (Going-forth) Tawaf”"

Furthermore, ‘ Aishah (the Prophet's wife, may Allah be pleased with her) narrated:

‘Safiyyah Bint Huyayy menstruated after performing the Ifadah Tawéaf, so I made a mention of her menses to Allah's Messenger (PBUH), whereupon he remarked, ‘Well, then she will detain us. I said, ‘O Messenger of Allah, she has performed the Ifadah Tawaf and circumambulated the House, and it was after that when she menstruated. Thereupon, he (PBUH) said, ‘(If so), then she may depart”

1 The Days of At-Tashriq: The eleventh, the twelfth, and the thirteenth of Dhul-Hijjah, ie. the three days following the Day of Sacrifice.

4 Muslim (3128) [5/52], Aba Dawid (1971) [2/340], Al-Tirmidhi (894) [3/241], AnNasa (3063) [3/298], and Ibn Majah (3/305) [3/485].

10 Ahmad (1936) [1/223], Muslim (3206) [5/84], Abii Dawad (2002) [2/349], and Ibn Majah (3070) [3/493].

Hady refers to a legally edible animal (such as a camel, a cow or a sheep) brought to the Sacred Mosque, slaughtered there, and sacrificed for the Sake of Allah, Glorified and Exalted be He.

Udhiyah refers to a legally edible animal slaughtered and sacrificed on the Day of Sacrifice or the Days of Tashriq for the sake of attaining the closeness and the pleasure of Allah.

There is an agreement among Muslim scholars on the prescription of offering a sacrificial animal for the Sake of Allah. For instance, Imam IbnulQayyim said:

“Offering a sacrificial animal for the Sake of Allah, the Creator, is regarded as a sacrifice for one’s own self as one’s self tends to fall into ruin by sinning. Allah, Exalted be He, says, ‘... And for all religion

We have appointed a rite [of sacrifice] that they may mention the Name of Allah over what He has provided for them of [sacrificial] animals...” (Qur'an: Al-Hajj: 34) Moreover, the slaughtering of sacrificial animals and the shedding of their blood while mentioning the Name of Allah over them are legislated in all religions.”

The best sacrificial animal to offer is a camel, then a cow, then a sheep. It is better if a camel or a cow is offered by an individual, as it will be a sign of one’s generosity, and it will also be more beneficial for the poor due to the amount of meat they have. On the other hand, the best animal to sacrifice is the fattest, then the most expensive, as Allah, Exalted be He, says:

“«. And whoever honors the symbols [i.e. rites] of Allahindeed, it is from the piety of hearts.” (Qur'an: Al-Hajj: 32)

It is insufficient to offer a sacrificial animal before it reaches the prescribed age for being slaughtered, which is six months for a sheep, five years for a camel, two years for a cow, and one year for a goat.

A ewe is good enough to be offered as hady on behalf of one man, and as udhiyah on behalf of one man and his household. A camel or a cow is sufficient as hady or udhiyah on behalf of seven people according to the hadith narrated by Jabir that states:

‘Allah’ Messenger (PBUH) commanded us to become seven partners (in the sacrifice) of a camel or a cow.”

“In the lifetime of the Prophet (PBUH), a person used to sacrifice a ewe on behalf of himself and his household; and they would eat (from it) and feed (others).

Yet, it is important to point out that it is better to slaughter a single ewe than to have seven persons share in slaughtering a camel or a cow.

It is a condition that a sacrificial animal, whether hady or udhiyah, must be free from all physical defects. Thus, it is insufficient to offer a skinny or a sick animal as sacrifice. Likewise, it is insufficient to sacrifice a blind animal, a oneeyed animal, or a lame animal that can hardly walk. A mad animal, a toothless one, or a very old one with very small or dry udders, are not acceptable as sacrifice as well; the same goes for an animal which is obviously sick, for

Al-Bara’ Ibn * Azib (may Allah be pleased with him) narrated that the Prophet (PBUH) said:

“Four (types of animals) are impermissible to be offered as sacrifice: a one-eyed animal which has obviously lost the sight of one eye, a sick animal which is obviously sick, a lame animal which obviously limps, and an animal with a broken leg and no marrow.”

According to the most valid opinion, the optimum time for slaughtering a sacrificial animal, whether it is udhiyah or hady offered by one performing Hajj as tammatu’, is during the period from after the Feast (Id) Prayer until the last of the Days of Tashriq. It is preferable for one to eat from the sacrificial animal one offers as udhiyah, or hady in case of performing Hajj as tammatu’ or qirdn; its meat is divided as follows: one third for the owner, one third to be given as gifts, and one third to be given in charity, as Allah, Exalted be He, says:

“... So eat of them and feed the miserable and poor” (Qur‘an: Al-Hajj: 28)

As for a pilgrim who is offering expiatory hady (in expiation for missing any of the essential rituals of Hajj or for committing something forbidden while in a state of ihram), he must not eat any of it at all. If one wants to offer a sacrificial animal, one should by no means cut any of one’s hair or trim any of one’s nails from the first day of Dhul-Hijjah until one offers the sacrificial animal, for the Prophet (PBUH) said:

“When it is the beginning of Dhul-Hijjah and anyone of you intends to offer a sacrificial animal, he should not get any of his hair cut or nails trimmed until he offers it.”*

In case one does (i.e. one has trimmed one’s hair or nails), one must seek the forgiveness of Allah, yet one is not obliged to offer anything in expiation in this case.

3 Aba Dawid (2802) [3/161], Al-Tirmidhi (1501) [4/85], An-Nasa’i (4381) [4/244], and Ibn Majah (3144) [3/539).

‘Aqigqah is one of the duties of a father toward his newborn child. It is the slaughtering of a sacrificial animal as a sign of gratefulness to Allah, Glorified and Exalted be He, for granting one a child. Offering ‘agiqah is considered a confirmed act of the Sunnah (Prophetic Tradition), as the Prophet (PBUH) offered sacrificial animals as ‘agiqah when his grandsons Al-Hasan and AlHusayn were born, as related by Abt. Dawad and other compilers of Hadith’, Also, the Prophet's honorable Companions and their followers used to offer sacrificial animals as ‘aqiqah for their newborn children.

Some scholars are of the view that ‘agiqah is obligatory, for Al-Hasan narrated on the authority of Samurah that Allah’s Messenger (PBUH) said: