5-Hajj

PILGRIMAGE (HAJJ)

(According to the Qur’an and Sunnah, as extracted and inferred by scholars of the Hanafi school.)

From “Mukhtasar al-Quduri“,
a matn of Hanafi fiqh, (with some rearrangement). Evidences are generally omitted for brevity.

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  1. OBLIGATION OF HAJJ
    • Fard Rites in Hajj
    • Wajib Acts in Hajj
  2. THE IHRAM
    • The Mawaqit
    • Entering Ihram
    • Forbidden Deeds during Ihram
    • Permissible Deeds during Ihram
    • Recommended during Ihram
  3. COMPONENTS OF HAJJ (IFRAD)
    • The Tawaf of Arrival
    • The Sa`y
    • Going out to Mina
    • Arafah
    • Muzdalifah
    • Pelting Jamrat al-`Aqabah
    • The Tawaf of Pouring Forth (Ifadah) or Visiting (Ziyarah)
    • Stoning the Jamarat
    • The Tawaf of Farewell (Wida`)
    • Special regulations for women
  4. QIRAN
    • `Umrah Components
    • Hajj Components
    • The Sacrificial Blood of Qiran
  5. TAMATTU`
    • `Umrah Components
    • Hajj Components
    • The Sacrificial Blood of Tamattu`
  6. TRANSGRESSIONS IN PILGRIMAGE
    • Transgressions of the Ihram; Sexual Transgressions
    • Transgressions in Tawaf
    • Other Miscellaneous Transgressions
    • Hunting Transgressions; Killing Game, Other Hunting
      Transgressions
    • Violations of the Haram
    • Transgressions in Hajj Qiran
  7. BEING PREVENTED FROM PERFORMING HAJJ (IHSAR) OR MISSING
    THE HAJJ (FAWAT)

    • Ihsar; Make-up Requirements, Removal of the Prevention
    • Fawat
  8. `UMRAH
  9. THE SACRIFICIAL ANIMAL
    • Permissible Animals
    • Benefitting from Sacrificial Animals
    • Preparation and Slaughter
    • Replacement
  10. IMMOLATION (UDHIYAH/QURBANI)
    • Obligation
    • Slaughter
    • Benefitting from the Sacrifice

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1.0 OBLIGATION OF HAJJ

1.  Hajj is obligatory on free, sane, healthy adults if

• they are capable of [affording] provision and transportation, in
excess of one’s dwelling, of that which is essential, and the maintenance
of one’s family until the time of his return, and

• the way is safe, and

• for a woman, her having a mahram or husband to perform hajj with
her, is considered.  It is not permissible for her to perform hajj
without [these] two if there is between her and Makkah a distance of three
days’ and nights’ journey.

2.  If a youth attains maturity, or a slave is freed, after entering
ihram, and they continue thus, it does not suffice them for the Hajj of
Islam.

[

1.1 Fard Rites in Hajj

1. Ihram, before any of the other rites.

2. Standing at `Arafah, for at least a moment, any time between the
decline of the sun on the 9th of Dhu’l-Hijjah, and the dawn of the 10th.

3. Tawaf of Visiting, after the Standing at `Arafah, with intention.

4. Maintaining the order between the fard acts (ihram-Standing-Tawaf)

5. Keeping away from sexual intercourse before the Standing.

1.2 Wajib Acts in Hajj

1. Standing at Muzdalifah, for at least a moment after dawn on the
10th of Dhu’l-Hijjah.

2. Sa`y (Running between Safa and Marwah)

3. Pelting the Jamarat

4. Tawaf of Leaving, for other than menstruating women and the residents
of Makkah.

5. Cutting or shaving the hair of the head within the Haram, within
the Days of Immolation.

6. Not delaying ihram beyond the miqat.

7. Keeping away from transgressions of the ihram (sexual intercourse
after the Standing, wearing sewn garments, covering the head and/or face).

8. Prolonging the Standing at `Arafah until after sunset and after
the imam has begun issuing forth.

9. Delaying Maghrib and `Isha’ until Muzdalifah

10. Not delaying the Tawaf of Visiting beyond the Days of Immolation.

11. Beginning tawaf from the Black Stone.

12. Performing tawaf counter-clockwise.

13. Performing tawaf around the hatim.

14. Walking in tawaf, for one who has no excuse.

15. Being in a state of purity during tawaf.

16. Covering the nakedness during tawaf.

17. Performing two rak`ah after tawaf.

18. Beginning Sa`y from Safa

19. Walking in Sa`y, for one who has no excuse.

20. Performing Sa`y after a valid Tawaf

21.  Slaughtering a ewe, for one performing tamattu` or qiran.

22. Maintaining the order between pelting, slaughtering and cutting
hair.

]

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2.0 THE IHRAM

2.1 The Mawaqit

1. The mawaqit which it is not permissible for a person to pass except
in the state of ihram are:

• for the people of Madinah : Dhu’l-Hulayfah,

• for the people of `Iraq : Dhatu-`Irq,

• for the people of the Levant (al-Sham) : al-Juhfah,

• for the people of Najd : Qarn al-Manazil,

• for the people of Yemen : Yalamlam.

2. If one entered ihram before these mawaqit, it is valid.

3. The miqat of one whose dwelling-place is after the mawaqit, is al-Hill
.

4. The miqat of one who is in Makkah is the Haram for hajj and al-Hill
for `umrah.

5. The Months of Hajj are : Shawwal, Dhu’-Qa`dah, and the [first] ten
of Dhu’l-Hijjah.  But, if one entered ihram for hajj before this,
it is valid, and it counts as hajj [except that he must wait until the
time of hajj to perform the rites].

2.2 Entering Ihram

When one desires to enter ihram, he

1. performs ghusl or wudu’, but ghusl is better

2. wears two new or washed cloths : an izar (waist-wrapper) and a rida’
(upper garment).

3. applies perfume if he has some

4. he prays two rak`ah

5. says, Allahumma inni uridu’l-hajja fa-yassirhu li wa-taqabbalhu
minni.

6. pronounces talbiyah after his salah.

• If he is performing hajj alone (ifrad), he intends hajj with his
talbiyah.

• The talbiyah is that one say : Labbayk-allahumma labbayk.  Labbayk
la sharika laka labbayk.  Innal-hamda wan-ni`mata laka wal-mulk.
la sharika lak.

• It is not appropriate to leave out any of these words, but if one
added [something] after them it is permissible.

2.3 Forbidden Deeds during Ihram

When one has pronounced talbiyah, he has entered ihram, and so he should
keep away from that which Allah has forbidden :

1. rafath (sexual intercourse, or sexual talk),

2. fusuq (sins) and

3. jidal (argument).

4. He should not kill game, nor point it out, nor direct to it.

5. He should not wear a shirt, nor pants, nor a turban, nor a cap,
nor a gown.

Nor [should he wear] khuffs unless he cannot find shoes, in which case
he should cut them below the tarsus

6. He should not cover his head, nor his face.

7. He should not apply perfume.

He should not wash his hair or beard with marsh amllow.

8. He should not shave his head, nor his body hair, nor cut [anything
from] his beard, nor [cut] his nails.

9. He should not wear a garment died with wirs , saffron or safflower,
unless it has been washed and does not exude fragrance.

2.4 Permissible Deeds during Ihram

There is no harm in :

1. performing ghusl

2. entering a bath-house

3. taking shade under a house, or a canopy

4. Tying a himyan (belt to carry money) around his waist.

2.5 Recommended during Ihram

One should recite talbiyah abundantly, after salah, and whenever one
mounts an elevated place, or descends into a valley, or meets riders, and
in the last part of the night.

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3.0 COMPONENTS OF HAJJ (IFRAD)

3.1 The Tawaf of Arrival

When one enters Makkah, he begins [by going] to the Sacred Mosque,
then when one sees the House, he pronounces takbir and tahlil.

1. Then, one starts at the Black Stone, faces it, pronounces takbir,
raises his hands and touches it, and kisses it if one is able to [do so]
without harming any Muslim.

2. Then, he starts [walking] to his right, by the door [of the Ka`bah],

3. having donned his rida’ in the style of idtiba’ .

4. One makes ones tawaf (circumambulation) around the Hatim.

5. One performs raml  in the first three circuits, and walks calmly
in the remaining [four].

7. One touches the Stone whenever one passes by it, if one is able,
and one ends the tawaf with touching [it].

8. Then, one proceeds to the Maqam (Station of Prophet Abraham) and
prays two rak`ah at it, or wherever he is easily able to in the Mosque.

This is the Tawaf of Arrival (tawaf al-qudum). It is sunnah, and is
not obligatory.

• There is no Tawaf of Arrival due upon the people of Makkah.

• If the one in ihram did not enter Makkah, and [instead] set out for
`Arafat [directly], and stood there according to what we [shall] mention,
the Tawaf of Arrival is waived for him, and he is not liable to do anything
for having omitted it.

3.2 The Sa`y

1.  Then, one sets out to Safa.  One climbs onto it, faces
the qiblah, pronounces takbir and tahlil, invokes blessings on the Prophet
(may Allah bless him and grant him peace), and supplicates Allah for his
needs.

2. Then, one descends calmly in the direction of Marwah.

3. Then, when he reaches the inside of the valley, he runs between
the two green posts.

4. [He proceeds] until he comes to Marwah, and then he climbs onto
it and does as he did on Safa.

This is one round, and he performs seven [such] rounds, [such that]
he begins at Safa and ends at Marwah.

Then, [if performing ifrad] one stays in Makkah in the state of ihram,
performing tawaf whenever one desires.

3.3 Going out to Mina

1. Then, when it is one day before the Day of Tarwiyah , the imam delivers
a sermon in which he teaches the people [the details] of going out to Mina,
salah in `Arafat, the Standing, and the Ifadah.

2. Then, when one has prayed fajr on the Day of Tarwiyah in Makkah,
one goes out to Mina and stays there until he prays Fajr on the Day of
`Arafah.

3. Then, one sets out to `Arafat, and stays there.

3.4 Arafah

1. Then, when the sun declines on the Day of `Arafah, the imam leads
people in Zuhr and `Asr, starting with a sermon in which he teaches people
[the details of] the Standing at `Arafah and Muzdalifah, the Pelting of
the Jimar, the Immolation and the Tawaf of the Visit (Ziyarah).

2. He leads the people in Zuhr and `Asr in the time of Zuhr, with one
adhan and two iqamah.

• Whoever prays in his camp alone prays each one [of the prayers] at
its [own] time according to Abu Hanifah (may Allah, the Exalted, show mercy
to him).  Abu Yusuf and Muhammad said : The solitary one conjoins
them.

3. Then, he sets out to the Standing Place, and stands close to the
mountain, although all of `Arafah is a standing place except for the valley
of `Arafah.

• Whoever catches the Standing at `Arafah between the decline of the
sun on the Day of `Arafah, until sunrise on the Day of Immolation, has
caught the hajj.

• Whoever traversed `Arafah while sleeping or unconscious, or did not
know it was `Arafah, that suffices him for the Standing.

4.  It is appropriate for the imam to stand at `Arafah on his
camel, and to supplicate and teach people the rites.

5. It is recommended to perform ghusl before the Standing, and

6. [It is recommended] to exert oneself in supplication.

7. Then, when the sun sets, the imam, and the people with him, pour
forth at their leisure, [proceeding] until they come to Muzdalifah and
alight there.

3.5 Muzdalifah

1.  It is praiseworthy to descend close to the mountain called
Quzah, on which is the Hearth.

2. The imam leads the people in Maghrib and `Isha’ with an adhan and
iqamah.

Whoever prays Maghrib on the way, it is not valid according to Abu
Hanifah and Muhammad.

3. Then, when the sun rises, the imam leads the people in Fajr in the
dark [part of the time].

4. Then, he stands, and the people stand with him, and he supplicates.

All of Muzdalifah is a standing place, except for the Valley of Muhassir.

5. Then, the imam, and the people [along] with him, pour forth before
sunrise, [proceeding] until they come to Mina.

3.6 Pelting Jamrat al-`Aqabah

1. Then, one proceeds to Jamrat al-`Aqabah, and pelts it

• from the inside of the valley,

• with seven pebbles, like the stones of a slingshot

• pronouncing takbir with every pebble.

• One does not stand by it [thereafter].

2. One ceases talbiyah with the [throwing of] the first pebble.

3. Then, he slaughters [an animal] is he likes [since he is performing
ifrad].

4. Then, he shortens or shaves [his hair], but shaving is superior.

5. [After this] everything is permissible for him except women.

3.7 The Tawaf of Pouring Forth (Ifadah) or Visiting (Ziyarah)

1. Then, one comes to Makkah on that day, or the following day, or
the following, and circumambulates the House [performing] the Tawaf al-Ziyarah,
seven circuits.

2. If he had run between Safa and Marwah after the Tawaf of Arrival,
he does not perform raml in this tawaf, nor is he obliged to run again.
But, if he had not performed Sa`y before, he performs raml in this tawaf
and Sa`y after it in, the manner we have mentioned.

3. [Now,] women are permissible for him.

4. This tawaf is the obligatory (fard) one in hajj.

5. It is disliked to postpone it beyond these days.

• If one did postpone it beyond then, one [sacrificial] blood becomes
incumbent upon him, according to Abu Hanifah.

3.8 Stoning the Jamarat

1. Then, one returns to Mina and stays there.

2. When the sun has declined on the second day of immolation, one pelts
the three Jamarat,

• starting with the one next to the [Khif] mosque [of Mina],

• pelting it with seven pebbles,

• pronouncing takbir with every pebble.

• One stands and supplicates by it.

3. Then, one pelts the one next to it similarly, and stands by it.

4. Then, one pelts Jamrat al-`Aqabah, and does not stand by it [thereafter].

5. The next day, he pelts the three Jamarat after the decline of the
sun similarly.

6. Then, if one wishes to hasten one’s departure, one departs to Makkah.
But, if one wishes to remain, one pelts the three Jamarat on the fourth
day after the decline of the sun.

• If, on this day, one performs the pelting before the decline of the
sun, after sunrise, it is valid according to Abu Hanifah.

7. It is disliked for a person to send his belongings ahead to Makkah
and to take up residence, until he has pelted.

3.9 The Tawaf of Farewell (Wida`)

1. Then, when one departs to Makkah, one alights at al-Muhassab.

2. Then, one performs tawaf of the House, seven circuits, not performing
raml in them.

3. This is the Tawaf of Leaving, and it is wajib, except for the residents
of Makkah.

4. Then, one returns to one’s family.

3.10 Special regulations for women

The woman is, in all of [the above], the same as the man, except that:

1. She does not uncover her head

2. She uncovers her face.

3. She does not raise her voice in talbiyah.

4. She does not perform raml in tawaf.

5. She does not run between the two posts.

6. She does not shave her head, but she shortens [her hair].

7. If a woman menstruates at the time of ihram, she performs ghusl and
enters ihram.  She does as the [male] hajji does, except that she
does not perform tawaf of the House until she becomes pure.

8. If she menstruates after the Standing and the Tawaf of Visiting,
she [can] depart from Makkah, and there is no [penalty] upon her [in that
case] for abandonment of the Tawaf of Leaving.

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4.0 QIRAN

Qiran, according to us, is better than [both] tamattu` and ifrad.

The manner of qiran is [as follows]:

4.1 `Umrah Components

1. That one pronounce talbiyah for `umrah and hajj from the miqat,
saying after one’s salah : Allahumma inni uridu’l-hajja wal-`umrata fa-yassirhuma
li wa-taqabbalhuma minni.

2. Then, when one enters Makkah, one proceeds to perform tawaf of the
House, seven circuits, performing raml in the first three of them.

3. One performs Sa`y after that, between Safa and Marwah.

These are the actions of `umrah.

• If the one performing qiran did not enter Makkah [initially], and
set out [instead] to `Arafat, then he has then abandoned his `umrah by
[performing] the standing.  The [Sacrificial] Blood of Qiran becomes
futile for him, but a [sacrificial] blood is [incumbent] upon him for his
abandonment of his `umrah, and it is [obligatory] upon him to make it up.

4.2 Hajj Components

1. Then, one performs tawaf after the Sa`y; the Tawaf of Arrival.

2. One runs between Safa and Marwah, as we explained in [the case of
one performing] ifrad.

[The other components of hajj are the same as in in ifrad, except for
the Sacrificial Blood.]

4.3 The Sacrificial Blood of Qiran

1. When one has pelted the Jamrah on the Day of Immolation, one slaughters
a goat/sheep, or a cow, or a camel, or a seventh of a camel.  This
is the [Sacrificial] Blood of Qiran.

2. If one does not have [anything] to slaughter, one fasts three days
in the hajj, the last of them being the Day of `Arafah.

• If he has missed the fasting by [the time] the Day of Immolation
arrives, nothing but the [sacrificial] blood suffices him.

• Then, one fasts seven days when he returns to his family, but if
he fasts them in Makkah after he has completed the hajj, it is valid.

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5.0 TAMATTU`

1. Tamattu`, according to us, is better than ifrad.

2. There are two methods of tamattu` : tamattu` in which one sends
a sacrificial animal, and tamattu` in which one does not send a sacrificial
animal.

3. The residents of Makkah may not perform Tamattu`, nor Qiran; they
specifically may only perform Ifrad.

4. Whoever entered ihram for `umrah before the Months of Hajj, and
performed less than four circuits for it, and then the Months of Hajj entered,
such that he then completed it, and then entered ihram for hajj, is in
the status of tamattu`.  But, if he performed four circuits or more
of the tawaf for his `umrah beforte the Months of Hajj, and then performed
hajj that same year, he is not in the status of tamattu`.

The manner of tamattu` is [as follows] :

5.1 `Umrah Components

1. That one start at the miqat, and enter ihram for `umrah.

2. One enters Makkah, and performs tawaf for [`umrah].

• One ceases the talbiyah when one starts the tawaf.

3. One performs Sa`y, [and then] shaves or shortens [his hair].

4. He has now  come out of the ihram of his `umrah.

• He remains in Makkah, out of ihram.

5.2 Hajj Components

1. Then, when it is the Day or Tarwiyah, one enters ihram for hajj
from the Mosque.

2. One does as the hajji of ifrad does.

5.3 The Sacrificial Blood of Tamattu`

1. The [Sacrificial] Blood of Tamattu` is [obligatory] upon him.

• If he does not find [the means to sacrifice then] he fasts three
days in the hajj and seven when he returns.

2. If the one performing tamattu` desires to send a sacrificial animal,
he enters ihram and sends the sacrificial animal.  If it is a camel,
he garlands it with a haversack, or leather.

• He marks the camel, according to Abu Yusuf and Muhammad.  It
is : that one rend its hump from the right side.  According to Abu
Hanifah, one does not rend it [if it will be in a cruel manner].

3. Then, when one enters Makkah, one performs tawaf and Sa`y, but does
not come out of ihram.  [He remains in ihram] until he enters ihram
for hajj on the Day of Tarwiyah, although if he entered ihram before that
it is valid but a [sacrificial] blood is [then obligatory] upon him.

4. Then, when he shaves [his head] on the Day of Immolation, he has
thereby freed himself from both ihrams.

5. If the one performing tamattu` returned to his family after his
completion of `umrah, and had not sent a sacrifical animal, his tamattu`
is invalidated.

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6.0 TRANSGRESSIONS IN PILGRIMAGE

6.1 Transgressions of the Ihram

1. If the one in ihram applied perfume, expiation is due upon him.

• If he perfumed an entire limb or more then a [sacrificial] blood
is due upon him.

• If he perfumed less than a limb then a charity is due upon him.

2. If he wore a sewn garment, or covered his head

• [If it was] for a complete day, then a [sacrificial] blood is due
upon him.

• If it was less then that, then a charity is due upon him.

3.  [Shaving or cutting hair]

• If he shaved one fourth or more of his head, then a [sacrificial]
blood is due upon him.

• If he shaved less than one fourth then a charity is due upon him.

• If he shaved the areas of bloodletting then a [sacrificial] blood
is due upon him according to Abu Hanifah.  Abu Yusuf and Muhammad
said : a charity is due upon him.

4. [Clipping the nails]

• If he clipped the nails of both his hands and both his feet, then
a [sacrificial] blood is due upon him.

• If he clipped [them from] one hand or one foot, then [still] a [sacrificial]
blood is due upon him.

• If he clipped less than five nails, distributed between his hands
and his feet, then a charity is due upon him according to Abu Hanifah and
Abu Yusuf.  Muhammad said : a [sacrificial] blood is due upon him.

5. If he applied perfume or shaved [hair] or wore [sewn] garments due
to some excuse, then he has the choice :

• If he wishes, he may slaughter a ewe, or

• If he wishes, he may give three sa` of food in charity to sixty destitute
people, or

• If he wishes, he may fast three days.

Sexual Transgressions

1. If one kissed, or touched with lust, then a [sacrificial] blood
is due upon him.

2. Whoever had intercourse in either of the two pasages before the
Standing at `Arafah,

• his hajj is nullified, and

• [sacrifice of] a ewe is [due] upon him, and

• he continues in the hajj in the same manner as one who has not nullified
his hajj, and

• a make-up [of the hajj] is [due] upon him.

He is not required to part from his wife when he performs the make-up
hajj.

3. Whoever has intercourse after the Standing at `Arafah, his hajj
is not nullified, but [sacrifice of] a she-camel is [due] upon him.

4. If he had intercourse after shaving [the head on the Day of Immolation]
then [sacrifice of] a ewe is [due] upon him.

5. Whoever has intercourse in `umrah before performing four circuits
of tawaf

• has nullified it, and

• continues in it, and

• makes it up, and

• [sacrifice of] a ewe is [due] upon him.

If he had intercourse after performing four circuits of tawaf,

• [sacrifice] of a ewe is [due] upon him, but

• his `umrah is not nullified, and

• he is not obliged to make it up.

6. One who had intercourse forgetfully is the same as one who has intercourse
deliberately.

6.2 Transgressions in Tawaf

1. Whoever performed the Tawaf of Arrival with hadath, a charity is
[due] upon him.

• If he performed [this] tawaf with janabah then [sacrifice of] a ewe
is [due] upon him.

2. Whoever performed the Tawaf of Visiting with hadath, [sacrifice
of] a ewe is [due] upon him.

• If he performed [this] tawaf with janabah then [sacrifice of] a she-camel
is [due] upon him.

• It is better for him to repeat the tawaf, as long as he is still
in Makkah, and there is no slaughter [of a ewe due] upon him [in that case].

3. Whoever perfomed the Tawaf of Leaving with hadath, a charity is
[due] upon him.

• If he performed [this] tawaf with janabah, then [sacrifice of] a
ewe is due upon him.

4. Whoever omitted three circuits or less from the Tawaf of Visiting,
[sacrifice of] a ewe is [due] upon him.

• If he omitted four circuits [or more] he remains in the state of
ihram indefinitely, until he performs them.

5. Whoever omitted three circuits of the Tawaf of Leaving, a charity
is [due] upon him

• If he omitted the Tawaf of Leaving, or four circuits [or more] of
it, then [sacrifice of] a ewe is [due] upon him.

• If he delayed the Tawaf of Visiting [beyond the Days of Immolation],
[then a sacrificial blood is due upon him] according to Abu Hanifah (may
Allah show mercy to him).

6.3 Other Miscellaneous Transgressions

1. Whoever omitted the Sa`y between Safa and Marwah, [sacrifice of]
a ewe is [due] upon him, but his hajj is complete.

2. Whoever issued forth from `Arafah before the imam, a [sacrificial]
blood is [due] upon him.

3. Whoever omitted the Standing at Muzdalifah, a [sacrificial] blood
is [due] upon him.

4. Whoever omitted the Pelting of the Jamarat on all the days, a [sacrificial]
blood is [due] upon him.

• If he omitted the pelting of a single day, then a [sacrificial] blood
is [still due] upon him.

• If he omitted the pelting of one of the three Jamarat, then a charity
is [due] upon him.

• If he omitted the pelting of Jamrat al-`Aqabah on the Day of Immolation,
then a [sacrificial] blood is [due] upon him.

5. Whoever delayed the shaving [or cutting of the hair] until the Days
of Immolation had passed, then a [sacrificial] blood is [due] upon him
according to Abu Hanifah.

6.4 Hunting Transgressions

Killing Game

1. If one in ihram kills game, or directed  towards it someone
who killed it, then the recompense is [due] upon him.

• The deliberate and the forgetful, the initiator and the persister,
are equal in this.

• If two people in ihram collaborated in killing game, then the complete
recompense is [due] upon each of them.

2. The recompense, according to Abu Hanifah and Abu Yusuf, is that
he determine the price of the game in the place in which he killed it,
or in the closest of places to it if it was in the wilderness.

• The price is determined by two upright people.

Then, one has the choice concerning the price :

• If he wishes, he may buy a sacrificial animal with [the amount] and
slaughter it, if it reaches [the price of] a sacrificial animal, or

• If he wishes, he may buy food with it, and give it in charity, [giving]
to every destitute person half a sa` of wheat, or one sa` of dates or barley,
or

• If he wishes, he may fast one day in lieu of each half-sa` of wheat
and one day in lieu of every sa` of barley.

Then, if there remains less than a half-sa` of the food, he has the
choice:

• If he wishes he may give it in charity, or

• If he wishes, he may fast a full day in lieu of it.

3. Muhammad said : For game, an equivalent is obligatory for that which
has an equivalent. So,

• for the gazzelle, a ewe [is obligatory],

• for the hyena, a ewe,

• for the rabbit, a she-kid,

• for the ostrich, a she-camel, and

• for the jerboa, a four-month kid.

4. Whoever killed game whose meat may not be eaten, such as carnivorous
animals and the like, the recompense is [due] upon him, but its price does
not exceed a ewe.

5. If a carnivorous beast attacked one in ihram such that he killed
it, then there is nothing [due] upon him.

6. If one in ihram was compelled to eat the flesh of game, such that
he killed it, then the recompense is [due] upon him.

7. There is no harm if the one in ihram slaughters a ewe, cow, camel,
chicken, duck or [tame] Kaskari duck.

8. If he killed a trousered-pigeon, or a tamed gazzelle, then the recompense
is due upon him.

9. If one in ihram slaughters game, his slaughtered meat is carrion.
It is not permissible to eat it.

10. If one in ihram sells game, or buys it, then the sale is void.

11. There is no harm in one with ihram eating the flesh of game hunted
and slaughtered by someone not in ihram, provided the one in ihram neither
directed him to it, nor ordered him to hunt it.

Other Hunting Transgressions

1. Whoever wounded game, or plucked out is hair, or cut a member from
it, is liable for that which he has diminished [from it].

• But, if he plucked out the feather of [the wings of] a bird, or cut
the legs of a game-animal, such that it became incapacitated, then its
entire price is [due] upon him.

2. Whoever broke the egg of a game-bird, its price is [due] upon him.

• If a dead chick emerged from it, then its price live is [due] upon
him.

3. There is nothing [due] for killing a crow, kite, wolf, snake, scorpion
or rat.

4. Nor is there anything [due] for killing a gnat, mosquito or tick.

5. Whoever kills a louse gives in charity whatever he wishes.

6. Whoever kills a locust gives in charity whatever he wishes, and
a date is better than a locust.

6.5 Violations of the Haram

1. For the game of the Haram, if one not in ihram slaughters it, the
recompense is [due] upon him.

• If two people out of ihram colloborated in killing game of the Hram,
then a single recompense is [due] upon them.

2. If he cut the grass of the Haram, or its trees which are neither
owned [by anybody] nor of those [varieties] which are planted by people,
then its price is [due] upon him.

6.6 Transgressions in Hajj Qiran

For anything of that which we have mentioned, in which one [sacrificial]
blood is [due] upon someone performing ifrad, two [sacrificial] bloods
are [due] upon one performing qiran : a blood for his hajj, and a blood
for his `umrah,

except if he passed the miqat without ihram, and then donned ihram
for `umrah and hajj, in which case he is only obliged for one [sacrificial]
blood.

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7.0 BEING PREVENTED FROM PERFORMING HAJJ (IHSAR)
OR MISSING THE HAJJ (FAWAT)

7.1 Ihsar

1. Whoever was prevented from Makkah, and is hindered from [both] the
Standing and the Tawaf, is in the state of ihsar, but if he is capable
of performing either of them, he is not in the state of ihsar.

2. If one in ihram is prevented [from performing hajj] by an enemy,
or there afflicted him an illness which prevented him from continuing,
it is permissible for him to come out of ihram, and

he is told : send a ewe to be slaughtered in the Haram. He arranges
someone who will take it on a particular day on which to slaughter it,
and then he comes out of ihram.

• If he was performing qiran, he sends two [sacrificial] bloods.

3. It is not permissible to slaughter the [sacrificial] blood of ihsar
[anywhere] other than in the Haram according to Abu Hanifah.  Abu
Yusuf and Muhammad (may Allah show mercy to them both) said : It is not
permissible for the one prevented from hajj to slaughter [any time] other
than in the Days of Immolation, but the one prevented from `umrah may slaughter
whenever he wishes.

Make-up Requirements

1. A hajj and `umrah are [due] upon the one prevented from hajj when
he comes out of ihram.

2. A make-up `[umrah] is [due] upon one prevented from `umrah.

3. A hajj and two `umrah are [due] upon the [prevented] one who was
performing qiran.

Removal of the Prevention

If the prevented one sent a sacrificial animal, and arranged with them
to slaughter it on a particular day, and then the prevention was removed,
then:

• If he is able to reach the sacrificial animal and the hajj, it is
not permissible for him to come out of ihram, and he is obliged to continue.

• If he is able to reach the  animal, but not the hajj, he comes
out of ihram.

• If he is able to reach the hajj, but not the sacrificial animal,
it is permissible (by istihsan) for him to come out of ihram.

7.2 Fawat

1. Whoever entered ihram for hajj, and then missed the Standing at
`Arafah until the dawn rose on the Day of Immolation, has missed the hajj.

2. It is [obligatory] upon him

• to perform Tawaf and Sa`y,

• to come out of ihram, and

• to make up the Hajj the next year

No [sacrificial] blood is [due] upon him.

3. `Umrah is never [considered] missed.

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8.0 `UMRAH

1. [`Umrah] is valid throughout the year, except for five days in which
performing it is disliked :

– the Day of `Arafah,

– the Day of Immolation, and

– the Days of Tashriq.

2. `Umrah is sunnah.

3. It is [made up of]:

• Ihram

• Tawaf

• Sa`y

• Shaving or cutting [the hair].

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9.0 THE SACRIFICIAL ANIMAL

9.1 Permissible Animals

1. The minimum sacrificial animal is a ewe.

2. [The sacrificial animal] is of three types : camel, cow and sheep.

3. A thaniyy , or better, of [any of] these suffices, except for the
sheep, of which a jadha`  suffices.

4. [The following are] not permissible as sacrificial animals:

• [An animal] with severed ears, or the major part severed,

• [An animal] with a severed tail, arm or leg,

• [An animal] whose eyesight is gone,

• An emaciated animal,

• A lame animal, such as cannot walk to the place of sacrifice.

5. A ewe is permissible for everything, except in two cases:

• One who performed the Tawaf of Visiting with janabah, and

• One who had sexual intercourse after the Standing at `Arafah

In these two cases, only a she-camel suffices.

6. A she-camel and cow each suffice for seven [people], if each one
of the partners intends devotion.  So, if one of them intended [only
to obtain]  meat through his share, it does not suffice the remaining
[six].

9.2 Benefitting from Sacrificial Animals

1. It is permissible to eat from the meat of the sacrificial animals
of supererogatory, tamattu` and qiran.  It is not permissible to eat
from the remaining [types of] sacrificial animals.

2. One should give its covering and halter in charity; one should not
pay the butcher’s fee from it.

3. One who sends a camel, and then is forced to ride it, rides it,
but if one can do without that, [then] one does not ride it.

4. If it has milk, one does not milk it. One sprinkles cold water on
it udders so that the milk ceases.

9.3 Preparation and Slaughter

1. It is not permissible to slaughter supererogatory, tamattu` or qiran
sacrificial animals [at any time] except on the Day of Immolation.
It is permissible to slaughter the remaining [types of] sacrificial animals
at any time one wishes.

2. It is not permissible to slaughter sacrificial animals [anywhere]
except in the Haram.

3. It is permissible to give it in charity to the destitute of the
Haram and others.

4. It is not obligatory to take the sacrificial animals to `Arafah.

5. Supererogatory, tamattu` and qiran sacrificial animals are garlanded,
but the sacrifical blood of ihsar and the sacrificial blood of transgressions
are not garlanded.

6. The best for camels is to pierce the base of their necks (nahr),
while for cows and sheep [the best] is to slaughter them.

7. The most appropriate is that a person take care of the [animals’]
slaughter himself, if he knows how to.

9.4 Replacement

1. One who sends a sacrificial animal, which then dies :

• If it was supererogatory, then another is not [due] upon him.

• If it was in compensation for a wajib, then he must sets another
in its place.

2. If it is afflicted with a severe defect, one sets another in its
place, and does as one wishes with the defective one.

3. If a she-camel dies on the way :

• If it was supererogatory, he pierces the base of its neck, daubs
its collar-leather with its blood, and strikes with it one of its dies.
he does not eat from it himself, nor [do] other well-off people.

• If it was obligatory, one sets another in its place, and does as
he wishes with [the first].

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10.0 IMMOLATION (UDHIYAH/QURBANI)

10.1 Obligation

1. The immolation is wajib on every free, resident, well-off Muslim,
on the Day of Immolation, for himself and [on behalf of] his minor children.

2. He slaughters on behalf of each of them a ewe, or he slaughters
a she-camel or a cow on behalf of seven.

3. There is no immolation [due] upon the poor one, nor the traveller.

4. The time for immolation enters with the rise of dawn on the Day
of Immolation, except that it is not permissible for the inhabitants of
cities to slaughter until the imam has performed the `Id salah.  As
for the inhabitants of rural areas, they may slaughter after fajr.

It is permissible on three days : the Day of Immolation, and two days
[immediately] thereafter.

10.2 Slaughter

1. One does not sacrifice :

• a blind animal

• a one-eyed animal

• a lame animal such as cannot walk to the place of sacrifice

• an emaciated animal.

2. The [preferable] slaughter is in the neck and upper chest.

3. The best is that one slaughter one’s sacrifice with one’s [own]
hand, if one knows how to slaughter.

4. It is disliked for a Person of the Book to slaughter it.

5. If two men made a mistake, such that each of them slaughtered the
sacrifice of the other, it suffices them both, and there is no liablity
on either of them.

10.3 Benefitting from the Sacrifice

1. One may eat from the meat of the sacrifice, and feed the rich and
poor, and store.

2. It is recommended that the [portion given in] charity not be less
than one third.

3. One gives its skin in charity, or makes from it some item used in
the house.

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Comments

One Response to “5-Hajj”

  1. Mazher on September 26th, 2010 11:56 pm

    Thanks Ustad Suheil.

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