Tenth and Eleventh Obligations:
This is the tenth obligation in Hajj and the eleventh is the prayers (salaat) which follow it. Although they are obligatory, they do not constitute the ceremonies of Hajj and the failure to perform them, even if deliberate, does not invalidate the Hajj.
Tawaaf ul-Nisa is obligatory on both males and females. If the male fails to perform it, any woman becomes unlawful for him and if the woman omits to perform it, any man becomes unlawful for her. An agent performing a tawaaf ul-Nisa will do so on behalf of the principal and not himself.
The procedures and rules regarding the Tawaaf ul-Nisa and the prayers following it are the same as those for the 'tawaaf for Hajj and the prayers after it. The only difference is in the niyyah.
If, by reason of illness or otherwise, a person is unable to perform the Tawaaf ul-Nisa, he should do so with the help of another person or even riding an animal or carried by another man as explained in rule 323 above.
If a man fails to perform the Tawaaf ul-Nisa, whether knowingly and deliberately or out of ignorance of the rule or through oversight, any woman is forbidden to him until it is performed. If there is difficulty about him performing it personally, it is permissible for him to appoint an agent to do so on his behalf and when the agent has performed it on his behalf, his lawful women become permissible to him. If he dies before performing it, then, if his eldest person performs it on his behalf, the obligation is satisfied, otherwise, as a matter of caution, its qadha must be performed and paid for out of the shares of the adult heirs with their approval.
It is not permissible to perform Tawaaf ul-Nisa before saee. If one does so knowingly and deliberately, it is obligatory to repeat it after saee and if one does so out of ignorance of the rule or through oversight, it is apparently sufficient, though, as a matter of caution, one must repeat it.
It is permissible to perform Tawaf ul-Nisa before the two stays at Arafaat and Mina for people mentioned in rule 409 above but their wives do not become lawful to them until after the performance of the ceremonies at Mina, the throwing of pebbles, sacrifice and shaving of head or taqseer.
If menstruation of a lady commences and her companions will not await her becoming clean, it is permissible for her to omit the performance of the Tawaaf ul-Nisa and depart with her companions and in such a case, as a matter of caution, she should appoint an agent to perform the tawaaf and recite the prayers on her behalf. If the menstruation commences after she had performed the fourth round, it is permissible for her to omit the performance of the remainder of the tawaaf and depart with her companions. As a matter of caution, she must appoint an agent to perform the remainder of the tawaaf and recite the prayers on her behalf.
The rules applicable to forgetting to recite the prayers (salaat) after the Tawaaf ul-Nisa are the same as those for forgetting to say them after the tawaaf for Umrah which is mentioned under 326 above.
Man and woman become lawful to each other after both have performed Tawaaf- ul-Nisa and recited the prayers. The prohibition on hunting remains, as a matter of caution, till the noon of the thirteenth. Cutting of trees and grass and hunting in the Haram is forbidden anyway as already stated above.
STAY IN MINA
The twelfth obligation in Hajj is to spend the nights of the eve of the eleventh and twelfth in Mina. It is necessary to form the intention to do so in order to attain the nearness of Allah. If, on the day of Idd, the pilgrim departs to Makkah to perform the tawaaf and saee, it is obligatory on him to return to Mina to spend the night there. He who has not refrained from hunting in the state of ihram must also spend the night of the eve of the thirteenth in Mina. As a matter of caution, so must one who has not abstained from sexual intercourse in the state of ihram. Apart from these two categories, the remaining pilgrims can depart from Mina after Zuhr on the twelfth but if they delay their departure till night falls, they must spend the night of the eve of the thirteenth in Mina till dawn.
If a pilgrim prepares himself to depart from Mina and leaves the premises he occupied there but is unable to depart from Mina because of the great rush of pilgrims or for other reason, then, if it is possible for him to spend the night there, it is obligatory to do so but if there is some difficulty about spending the night there, he is permitted to leave Mina though, as a matter of caution, must sacrifice a sheep as a penalty.
If it becomes obligatory on a person to spend the night in Mina, it is not necessary for him to spend the whole of the following day there also; he need stay just long enough to throw the pebbles at the three Jamaraat. Nor is it obligatory to spend the entire night there; it is enough if he remains there from the beginning of the night to a little after midnight or from a little before midnight till dawn. It is preferable that he should spend the first half of the night there but must not enter Makkah before sunrise.
There are some exceptions to the rule requiring stay in Mina:
(1) A person who finds it difficult to stay or one who fears danger to life or property by staying in Mina; (2) those spending the whole night in worship in Makkah, except for the time needed to meet necessities like food, drink, etc; (3) those who, having performed the Tawaaf, remain in prayers and then depart from Makkah crossing beyond the city, can remain on the route without the need to have entered Mina and are permitted to delay their return to Mina to throw the pebbles and (4) people who bring water for the pilgrims.
One who omits to spend the nights in Mina must sacrifice a sheep for every night as a penalty except for groups (2), (3) and (4) above. As a matter of caution, even those who omit to do so by oversight or out of ignorance of the rule or are excused from spending the nights there must sacrifice a sheep.
A person who departs from Mina and then re-enters at night on the eve of the thirteenth on some business does not need to spend the night there.
THROWING PEBBLES AT JAMARAAT
The thirteenth obligation in Hajj is throwing pebbles at the three jamaraat, the First (Oola), Middle (Wusta) and Last (Uqbah), on the eleventh and twelfth and, as a matter of caution, also on the thirteenth if its eve was spent in Mina. It must be done personally and appointment of an agent is not permitted except for a good reason.
It is obligatory to commence the throwing of pebbles at the First Jamrah (Oola), then the Middle (Wusta) and finally the Last (Uqbah). If the sequence is not followed, even if by oversight or ignorance of the rule, the procedure must be repeated to achieve the proper sequence. However, if one forgets or misses a Jamrah and throws four pebbles at the subsequent one before realising, he may complete the seven and there is no need to repeat there.
The obligations already set out at page 69 above in respect of the throwing of pebbles at the Uqbah (the last) apply to the throwing of the pebbles at all the Jamarat.
The pebbles must be thrown at the Jamaraat during the day. The exceptions to the rule are shepherds, the indebted who are fearful of being arrested and all those fearing danger to their life, honour and property are permitted to throw the pebbles at night instead of doing so during the day.
If a person omits to throw pebbles on the eleventh by ignorance or oversight, it is obligatory on him to make up for it on the twelfth by way of qadha and if a person forgets to do so on the twelfth he must make up on the thirteenth and, as a matter of caution, the one who omits the throwing of pebbles deliberately is like the ignorant and, as a matter of caution, must differentiate between his current and qadha actions; the qadha must precede the current and the qadha at the beginning of the day and the current at noon.
If a person omits to throw pebbles by oversight or ignorance and recalls after reaching Makkah, it is obligatory on him to return to Mina to throw the pebbles. If he had forgotten to throw the pebbles on two or three days, he must keep an interval of one hour between the throwing of pebbles for the different days. If he recalls after departure from Makkah, it is not obligatory to return to Mina but he must perform the qadha in the following year personally or by appointing an agent.
The pilgrim who, like the sick, cannot throw the pebbles personally should appoint an agent to throw them on his behalf. It is preferable that he should attend at the place of jamaraat and witness the actions of his agent, if possible. If the agent throws the pebbles on his behalf at a time when there was no expectation of recovery but the pilgrim subsequently recovers, then, as a matter of caution, he must throw the pebbles personally. However, if he is not able to appoint an agent because of not being conscious, his guardian or any other person can throw the pebbles on his behalf.
The omission to throw the pebbles does not invalidate the Hajj, even if deliberate. However, it is obligatory to perform its qadha personally or through an agent, as a matter of caution, in the following year.
PERSONS PREVENTED FROM PERFORMING HAJJ
If a pilgrim has been prevented from performing Umrah after wearing ihram, he should make the sacrifice from wherever he is if he is carrying the sacrifice with him. If not, he must obtain the animal and sacrifice it and, as a matter of caution, he is not relieved without doing so. As a matter of caution, he must also perform taqseer or shave his head.
A pilgrim who is prevented from performing Hajjul-Tamatoo, if he is prevented from the two stays or, in particular, the stay at Muzdalifah, as a matter of caution, he must perform tawaaf and saee, then shave his head and sacrifice a sheep to be relieved from his ihram. If he is prevented from tawaaf and saee after the two stays and the ceremonies at Mina and is unable to appoint an agent, he must sacrifice an animal at the place where he is prevented and if it is possible to appoint an agent, he must, as a matter of caution, do both, sacrifice an animal and also appoint an agent to complete the ceremonies on his behalf. If a person is prevented specially from the ceremonies at Mina without affecting his entry into Makkah, if possible to do so, he must appoint an agent to throw the pebbles and make the sacrifice on his behalf and then have his head shaven or perform taqseer and, if possible, sending his hair to Mina and be relieved from ihram. He may then perform the remaining ceremonies.
If it is not possible for him to appoint an agent, he is relieved from making a sacrifice but must fast in lieu of it. Then he must have his head shaven or perform taqseer and proceed to Makkah to complete the ceremonies there and be relieved from all the prohibitions applicable in the state of ihram including those regarding his wife. His Hajj will be valid.
By making the above said sacrifice, a person prevented from performing Hajj is not relieved of his obligation to perform a Hajj and if he remains of means to the following year it is obligatory on him to repeat it or else the liability will continue to rest on him.
If he is prevented from returning to Mina to spend the night there and throw the pebbles, his Hajj is completed but he must appoint an agent to throw the pebbles on his behalf in that year and if that is not possible, as a matter of caution, in the following year.
For the above said sacrifice there is no difference whether it is a camel or a sheep and if he is unable to make the sacrifice, he must fast for ten days instead.
If a pilgrim in the state of ihram has intercourse with his wife before the stay at Muzdalifah, he must complete the remaining ceremonies and repeat the hajj as mentioned earlier. However, if he is prevented from completing the ceremonies, the rules relating to the prevented pilgrim would apply to him but he must pay a penalty for the intercourse in addition to the animal for sacrifice.
PERSONS PREVENTED FROM COMPLETING HAJJ BY SICKNESS ETC.
If a person becomes prevented from completing an Umrat-ul-Mufradah or Umrat-ul-Tamatoo and wishes to be relieved from ihram, his obligation is to send an animal or its price to Makkah and to seek a promise from his companion to make the sacrifice there at an appointed time. On the arrival of the time, he must shave or perform taqseer and becomes relieved from the prohibitions of Ihram and the companion becomes relieved upon making the sacrifice. If he becomes prevented during Hajj, the rules stated above will apply. However, the place of sacrifice is Mina and the time is Idd day. In all the above mentioned cases the prevented pilgrim is relieved except from intimacy to a woman but in both Hajj or Umrah, only after they have completed the Tawaaf and saee.
If the pilgrim during the Umrah becomes sick and sends his animal for sacrifice but subsequently recovers from his illness and is able to continue with his journey to Makkah and arrives there before the sacrifice of the animal, he must sacrifice it himself. Then, if it was Umrat-ul-Mufradah, his obligation is only to complete the Umrah. However, if it was Umrat-ul-Tamatoo and was able to complete its ceremonies before the midday of Arafaat or ninth Dhil Hijjah, then he should do so, otherwise his Hajj automatically becomes Hajj-ul-Ifraad. The same rule applies if he had not sent an animal for sacrifice and waited till recovery and being able to continue the journey.
If a pilgrim becomes ill and sends the sacrifice but then his sickness is alleviated and feels he will be able to perform the pilgrimage, he is obliged to undertake the ceremonies. If he fulfils the two stays or, in particular, the stay at Muzdalifah, he will have performed the Hajj, as stated above. He completes the ceremonies and makes the sacrifice. However, if he does not sacrifice an animal, his Hajj will turn into Umrat-ul-Mufradah but if he makes the sacrifice, he will be relieved from the prohibitions in the state of ihram, except approaching his wife. It is obligatory on him to perform the tawaaf, the prayers, saee and the Tawaaf ul-Nisa and the prayers after it to make the wife lawful to him.
If a person becomes prevented from performing tawaaf and saee because of illness or the like, he can appoint an agent to perform them on his behalf but he must recite the prayers after the tawaaf when the agent has completed the tawaaf. However, if he was prevented from proceeding to Mina and performing its ceremonies, he must send somebody to throw the pebbles and make the sacrifice. Then he must shave his head or make taqseer and send his hair to Mina, if possible. He should then complete the other ceremonies.
If a person becomes prevented from performing pilgrimage and sends a sacrifice but before it reaches the appointed place it is damaged in the head, it is permissible for him to shave his head and if he does so he must sacrifice a sheep at the place or keep fasts for three days or feed six poor persons with one and a half kilos of food to each.
By making the sacrifice, the prevented pilgrim only becomes relieved of the prohibitions of ihram but not from his obligation of performing the Hajj which he must repeat in the following year if he has the means, or else it remains a liability on him.
If the prevented pilgrim does not sacrifice an animal nor has he available the cash to meet its price, he must observe fast for ten days.
If the pilgrim in the state of ihram is unable to continue his journey to the holy places to perform the ceremonies of Umrah or Hajj because of reasons other than those stated above, then if he is in Umrat-ul-Mufradah, he should sacrifice an animal and shave his head or make taqseer, as a matter of caution and be relieved at the place at which he is. The same rule applies to Umrah-ul-Tamatoo if he is unable to complete the Hajj. Otherwise, it is apparent that his obligation changes to Hajj-ul-Ifraad. However, if he is in the course of the Hajj and is unable to stay at Arafaat and Muzdalifah or to stay at Muzdalifah in particular, then he is relieved from his ihram by the Umrat-ul-Mufradah.
A group of jurists state that if a pilgrim does not have the animal for sacrifice accompanying him and makes a condition at the time of wearing ihram that Almighty Allah relieve him whenever he is prevented or an obstruction arose, like an enemy or illness, the advantage of such a condition being that he can be relieved from all the prohibitions of ihram so that there is then no need for sacrifice or shaving, not to perform tawaaf or saee and be permitted to approach women. Though this opinion could be justified, as a matter of caution, one must observe the methods of being relieved at the time the obstruction arises as mentioned above and ignore such a condition for being relieved.
Here we conclude the obligations in Hajj and turn to rules of conduct. Scholars have mentioned of them and while they all cannot be set out extensively in this work, a few of them will be stated briefly:
THE RECOMMENDED ACTS IN IHRAM
There are a few acts recommended in the state of ihram:
(1) Before wearing ihram one must clean the body, cut one's nails, trim the mustache and remove the hair under the armpits and below the navel.
(2) Those who intend to proceed to Hajj should keep the hair on the head and beard loose from the first of Dhil Qa'dah and those intending to perform an Umrat-ul-Mufradah for one month before the trip.
(3) One must perform ghusl at the meeqaat but if there is fear that water will not be available there, it may be performed before leaving for meeqaat. If water is found there, the ghusl be repeated. If after the ghusl, one urinates, or eats or wears clothes forbidden in the state of ihram, it is recommended that the ghusl be repeated. A ghusl performed during the day will last to the end of the night which follows and the ghusl made in the night will last to the end of the following day.
(4) At the time of making ghusl, recite the following supplication as stated by Sadooq:
بسم الله وبالله اللهم اجعله لي نورا وطهورا وحرزا وامنا من كل خوف و شقاء من كل داء وسقم . اللهم طهرني وطهر قلبي واشرح لي صدري واجر على لساني محبتك ومدحتك والثناء عليك فانه لاقوة لي الا بك وقد علمت ان قوام ديني التسليم لك والاتباع لسنة نبيك صلواتك عليه واله,
Translation: I commence by the name of Allah and seek help from Him. O Allah render this ghusl an illumination for me and that it may purify me, protect me from all fears and be a cure for all ills. O Allah, purify me and my heart, broaden my chest and that my tongue may utter words of love, adoration and praise for You as there is no strength for me but You and I know that my religion is submission to You and following the practices of Your prophet, may Your peace be on him.)
(5) At the time of wearing the ihram, recite the following supplication:
الحمد لله الذي رزقني ما اواري به عورتي واؤدي فيه فرضي واعبد فيه ربي وانتهي فيه الى ما امرني الحمد لله الذي قصدته فبلغني واردته فاعانني وقبلني ولم يقطع بي ووجهه اردت فسلمني فهو حصني وكهفي وحرزي و ظهري وملاذي ورجائي زمنجاي وذخري وعدتي في شدتي ورخائي
(Translation: All praise to Allah who has granted me clothes to cover my body, perform my duties and worship my Sustainer and reach where He has commanded me. All praise to Allah who when I directed my course towards Him, reached me; when I directed my intentions towards Him, assisted me, drew me close and did not shatter me; when I sought His pleasure, granted me peace. He is my fort, refuge, protector, support, hope, salvation, saviour and my provider in times of hardship and comfort.)
(6) The cloths for ihram be made of cotton.
(7) The ihram be worn after the noon prayers. If this is not possible, it be worn after any daily prayer or after the recitation of two rakaats. It is preferable that in the first rakaat, after the recitation of the Chapter on Al-Hamd, the Chapter on Tawheed be recited and in the second rakaat, after the Chapter on Al-Hamd, the Chapter on Kafiroon be recited. After the prayers, Allah be praised and salawaat be sent on the Holy Prophet and his progeny and then the following be recited:
اللهم اني أسالك ان تجعلني ممن استجاب لك وامن بوعدك واتبع امرك فاني عبدك وفي قبضتك لا اوقي الا ما وقيت ولا اخذ الا ما اعطيت وقدذكرت الحج فاساْ لك ان تعزم لي عليه على كتابك وسنة نبيك صلى الله عليه واله وتقويني على ماضعفت عنه وتسلم مني مناسكي في يسر منك وعافية واجعلني من وفدك الذي رضيت وارتضيت وسميت وكتبت. اللهم اني خرجت من شقة بعيدة وانفقت مالي ابتغاء مرضاتك
اللهم فتمم لي حجتي وعمرتي . اللهم اني اريد التمتع بالعمرة الى الحج على كتابك وسنة نبيك صلى الله عليه واله فان عرض لي عارض يحبسني فخلني حيث حبستني لقدرك الذي قدرت علي . اللهم ان لم تكن حجة فعمرة . احرم لك شعري وبشري ولحمي ودمي وعظامي ومخي وعصبي من النساء والثياب والطيب ابتغي بذالك وجهك والدار الا خرة
(Translation: O Allah, include me among those who have responded to Your call, have faith in Your promise and follow Your command for I am Your slave in Your confinement. I cannot be saved except by You and cannot take except what You grant. You have reminded us of Hajj. I beseech You that You make me firm on Your book and the practices of Your Prophet (s.a.a.w.). Grant me strength where I am weak and that I may perform with ease and health. Include me among those whose arrival pleases You, You are pleased with, You call by name and have recorded. O Allah, I have travelled from far and have spent my property to attain Your pleasure. O Allah, accomplish my Hajj and Umrah. O Allah, in compliance with Your book and the practice of Your Prophet (s.a.a.w.), I intend to perform the Umrat-ul-Tamatoo for Hajj. If any impediment comes in my way, remove it by Your power. O Allah, if I do not achieve the Hajj, I may at least the Umrah. I forbid myself, for your sake, my hair, body, flesh, blood, bones, brain, my union with my wife, clothes and perfume so that I may attain Your pleasure and the Hereafter.)
(8) Make the niyyah (intention) for ihram together with talbiyyah.
(9) It is recommended that men recite the talbiyyah aloud.
(10) Say during the talbiyyah:
لبيك اللهم لبيك لبيك لا شريك لك لبيك ان الحمد والنعمة لك والملك لاشريك لك لبيك .لبيك ذا المعارج لبيك لبيك داعيا الى دار السلام لبيك لبيك غفار الذنوب لبيك لبيك اهل التلبية لبيك لبيك ذاالجلال والاكرام لبيك لبيك تبدئ والمعاداليك لبيك لبيك تستغني ويفتقر اليك لبيك لبيك مرهوبا ومرغوبا اليك لبيك لبيك اله الحق لبيك لبيك ذا النعمان والفضل الحسن الجميل لبيك لبيك كشاف الكرب العظام لبيك لبيك عبدك وابن عبدك لبيك لبيك يا كريم لبيك
(Translation: I am present, O High, I am present. I am present, O one who calls towards Heaven. I am present, I am present O forgiver of sins. I am present, I am present O one who owns my presence. I am present, I am present O Mighty and Generous. I am present, I am present O You who first created and to whom all will return. I am present, I am present O one who is free from want and to whom all turn for their needs. I am present, I am present O who is feared and to whom there is inclination. I am present I am present, O true God. I am present O the one with Grace, Excellence, Goodness and Beauty. I am present O one who averts major calamities. I am present, I am present Your servant and the son of Your servant. I am present, I am present O Generous, I am present.) Then say:
لبيك اتقرب اليك بمحمد وال محمد صلوات الله عليه وعليهم لبيك لبيك بحجة وعمرة معا لبيك لبيك هذه متعة عمرة الى الحج لبيك لبيك تمامها وبلا غها عليك لبيك
(Translation: I am present seeking nearness to you through Muhammad and his progeny. I am present, I am present for Hajj or Umrah, I am present, I am present. And this is the Umrah connecting to the Hajj. I am present, I am present, my presence is certain and so is my communication to You.) (11) The talbiyyah constantly repeated in the state of ihram, when waking from sleep, after every prayer (salaat), when embarking on a vehicle or riding and disembarking or dismounting, while climbing or descending, when meeting other riders or in the desert and even in the condition of janabah or menstruation. It must not be stopped in the Umrat-ul-Tamatoo until the houses of Makkah appear and in Hajj-ul-Tamatoo till the noon of the day of Arafaat.
MATTERS DISCOURAGED IN IHRAM
(1) To wear ihram in black cloths; as a matter of caution, this colour must be avoided and it is preferred that the ihram be of white cloths.
(2) To sleep on yellow bedding or pillow.
(3) To wear dirty cloths for ihram. If they become dirty in the state of ihram, it is better not to wash them but there is no objection in wearing another pair.
(4) To wear ihram of cloths with pictures.
(5) To apply henna before wearing ihram if its colour would remain at the time of wearing ihram.
(6) To have a bath and it is preferred, as a matter of caution, that one must not massage the body.
(7) To reply to a caller by saying, "Labbaik", that is I am present.