Manasek Hajj

Various Kinds of Umrah

Rule 135:

Like the obligatory pilgrimage, the optional pilgrimage is also at times obligatory and at times optional. It is Mufradah or Tamatoo.

Rule 136:

Like the pilgrimage, the umrah is obligatory on all those with means and, like the obligatory pilgrimage, becomes obligatory immediately upon attainment of means, although the means may be sufficient for the umrah but not for a pilgrimage. However, it is apparent that if a person's responsibility is the performance of Hajj-ul-Tamatoo, the Umrat-ul Mufradah is not obligatory on him. Thus if an agent performs all the ceremonies of the obligatory pilgrimage on behalf of a principal, then the performance of an Umrat-ul Mufradah for himself is not obligatory on him even if he has the means to perform it, although as a matter of precaution it is better to do so.

Rule 137:

It is recommended to perform the optional pilgrimage repeatedly. It is preferable that it be performed every month. It is better that a month elapse between two such pilgrimages, that is, if the last optional pilgrimage was performed at the end of the last month, then the next one also be performed at the end of the month. It is not permissible to perform two such optional pilgrimages in the same month. There is no objection to a person performing two optional pilgrimages, one for himself or another and the other in the hope that it is required by the Sharia ('Raja") or one for himself and the other for another person or both of them for another person or if one is Mufradah and the other Tamatoo. So if a person has performed Umrat-ul-Mufradah, it is permissible for him to perform Umrat-ul-Tamatoo after it in the same month and the same is the rule about performing an Umrat-ul-Mufradah on completion of an obligatory pilgrimage. However, it is not permissible to perform an optional pilgrimage between the Umrat-ul-Tamatoo and the obligatory pilgrimage.

Rule 138:

Just as the optional pilgrimage becomes obligatory to perform on attainment of means, so does it become obligatory to fulfil a vow, oath, promise or otherwise.

Rule 139:

With regard to the ceremonies involved, the two optional pilgrimages, Mufradah and Tamatoo closely resemble with a few differences which are :

(1) in Umrat-ul-Mufradah, it is obligatory to perform Tawaf ul-Nisa but it is not obligatory in Umrat-ul-Tamatoo;

(2) Umrat-ul-Tamatoo can only be performed during the season of the obligatory pilgrimage, namely, Shawaal, Dhil Qa'dah and Dhil Hijjah while it is permissible to perform the Umrat-uI-Mufradah during all the months of the year, preferably in Rajab;

(3) in Umrat-ul-Tamatoo, the ihram can be removed only after Taqseer, while in Umrat-ul-Mufradah it can be removed after taqseer or shaving the head;

(4) it is obligatory to perform Umrat-ul-Tamatoo and the obligatory pilgrimage in the same year but that is not the rule for Umrat-ul-Mufradah. If Hajj-ul-Ifraad and Umrat-ul-Ifraad have become obligatory on a person, it is permissible for him to perform the Hajj-ul-Ifraad in one year and the Umrat-ul-Ifraad in the other year;

(5) in Umrat-ul-Mufradah, if a person deliberately indulges in sexual intercourse before Saee, his pilgrimage becomes invalidated and he becomes obliged to perform the pilgrimage again, that is to stay in Makkah to the following month to perform it. However, if he does so during Umrat-ul-Tamatoo it is doubtful if it would be invalidated and the better view is that it will not be affected as will appear below.

Rule 140:

In Umrat-ul-Mufradah as in Umrat-ul-Tamatoo one must wear ihram at the Meeqaat itself as will be explained below and if the person is in Makkah and intends to perform an Umrat-ul-Mufradah, it is permissible for him to come out of the Haram and wear his ihram and it is not obligatory for him to proceed to a Meeqaat and wear the ihram there and it is permissible for him to wear the ihram at Hudaybiyyah or Je'aranah or Tan'eem. the only exception to this rule is when a person invalidates his Umrat-ul-Mufradah by having sexual intercourse with his wife before saee. In this case, as a matter of precaution, he must repeat the ihram for a new umrah from a meeqaat and it is not permissible to wear ihram in such a case from Tan'eem.

Rule 141:

It is obligatory to perform an Umrat-ul-Mufradah if one intends to enter Makkah, for it is not permissible to enter the city without ihram except for those who enter and depart from there regularly like the woodcutter or grasscutter. Similarly, if a person has completed Umrat-ul Tamatoo and Hajj, or after Umrat-ul-Mufradah and has left Makkah, he is permitted to reenter without ihram before the expiring of the same month in which the Umrah was performed. As for the person who has departed from Makkah after performing Umrat-ul-Tamatoo but before the pilgrimage, the rule will be discussed under 154 below.

Rule 142:

If .a person performs the Umrat-ul-Mufradah during the Hajj season (defined in Rule 139 (2) above) and remains in Makkah to the 8th of Dhil Hajj, he is permitted to treat it as the Umrat-ul-Tamatoo and perform the obligatory pilgrimage. In this regard there is no difference between the obligatory pilgrimage and the optional one.

VARIOUS KINDS OF PILGRIMAGE

Rule 143:

There are three types of pilgrimages: Tamatoo, Ifraad and Qiraan. The first is the obligation on those who reside more than 48 miles from Makkah and the other two on those who reside within 48 miles of Makkah.

Rule 144:

There is no objection to those residing afar to perform the Ifraad or Qiraan pilgrimages as an optional pilgrimage just as there is no objection to those residing in the vicinity performing the Tamatoo as a provisional pilgrimage but this course is not permissible to either of them in an obligatory pilgrimage. So performance of a Hajj-ul-Tamatoo for those whose duty is to perform the Ifraad or Qiraan or vice versa is not permissible. However, the obligation of those who have to perform the Tamatoo can, in certain circumstances, change to Ifraad as will be explained below.

Rule 145:

If a person residing afar, takes residence in Makkah then his obligation is changed to Hajjul Ifraad or Qiraan after commencement of the third year of his taking residence there. However, before that his obligation is to perform Hajj-ul-Tamatoo. There is no difference between attaining means and the pilgrimage becoming obligatory on him before taking such residence or during the period of the residence. There is also no difference whether or not he intended to take residence permanently. The same rule applies to those living in cities other than Makkah but the distance between the city and Makkah is less than 48 miles.

Rule 146:

When a person resides in Makkah and wishes to perform a Hajj-ul-Tamatoo before the change of his obligation to Hajj-ul-Ifraad or Qiraan, then it has been said that he can wear ihram for Umrat-ul Tamatoo from Adnal Hal but it is arguable that as a matter of precaution he must wear it at one of the Meeqaat and perform the Umrat-ul-Tamatoo. As a matter of precaution he should wear ihram at the meeqaat used by the people of his country. It is apparent that this rule applies to those residing in Makkah and wishing to perform Hajjul Tamatoo, even though a recommended one.

HAJJ-UL-TAMATOO

Rule 147:

This pilgrimage consists of two parts, the first of which is called Umrah and the second Hajj. The Hajj-ul-Tamatoo applies to the second part but it is obligatory to perform the Umrah before the Hajj.

Rule 148:

Five matters are obligatory in Umrat-ul-Tamatoo:

First: ihram must be worn at one of the meeqaats which will be elucidated below;

Second: tawaaf round the Kaaba;

Third: prayers (salaat) after the tawaaf;

Fourth: saee between Safaa and Marwah;

Fifth: taqseer, that is, to remove some hair of the head, beard or moustache. On completion of these five acts, one is out of ihram and all those matters which were forbidden during ihram become lawful.

Rule 149:

It is obligatory on the pilgrim to be prepared to undertake the requirements of the pilgrimage on approaching the ninth of Dhil Hijjah. There are thirteen compulsory matters in the obligatory pilgrimage:

(1) wearing ihram in Makkah (details of which will follow); (2) staying in Arafaat from noon on the ninth of Dhil Hijjah till maghrib. It is situated about twelve miles from Makkah; (3) staying in Muzdalifah part of the eve of Idd-ul-Adha till sunrise on the day of Idd-ul-Adhha. It is situated between Arafaat and Makkah; (4) stoning the Jamrat-ul-Uqbah in Mina on the day of Idd. Mina is situated about three miles from Makkah; (5) slaughtering an animal in Mina on the day of Idd; (6) shaving the head or removing some hair in Mina. On completion of these acts, matters forbidden during ihram become lawful except woman, perfume and hunting; (7) tawaaf (tawaaf ul-ziyarah) on returning to Makkah; (8) prayers (salaat) after the tawaaf; (9) saee between Safaa and Marwah. At this stage wearing perfume becomes lawful (10) tawaaf ul-ni'sa; (11) prayers (salaat) after tawaaf ul-nisa; (12) remaining in Mina during the eve of the eleventh and twelfth and, in certain circumstances which will be explained below, the eve of the thirteenth also; (13) stoning all the three jamaraat on the eleventh and twelfth and, if the pilgrim is there on the thirteenth.

Rule 150:

There are a few conditions for Hajj-ul-Tamatoo:

(1) Niyyah, that is, one must form the intention of performing Hajj-ul-Tamatoo. If one forms an intention to perform other than Hajj-ul-Tamatoo or wavers in his intention, the pilgrimage is invalidated.

(2) The Umrah and Hajj must be performed during the season of Hajj (see Rule 139(2) above). If any part of the Umrah is performed before commencement of Shawwal, the Umrah is invalid.

(3) The Umrah and Hajj must be performed in the same year. If the Umrah is performed and then the Hajj is postponed to the next year, the Tamatoo is invalid. It makes no difference whether the pilgrim remains in Makkah to the following year or goes back to his country and then returns to Makkah just as it makes no difference whether he removes the ihram or remains in it to the following year.

(4) As a matter of choice, the ihram for Hajj must be worn in Makkah itself and the best place for it is the Holy Mosque but if it is not possible to wear ihram in Makkah then it may be worn wherever possible.

(5) The Umrah and Hajj must both be performed by the same person as an agent of the same one person. It is not permissible to engage two agents for a living or dead person for Hajj-ul-Tamatoo, one to perform the Umrah and the other the Hajj. Similarly, it is not permissible that one person may perform the Umrah on behalf of one person and the Hajj for another.

Rule 151:

If a pilgrim completes the ceremonies for the Umrat-ul Tamatoo, it is obligatory on him to perform the Hajj. As a matter of precaution, it is not permissible for him to depart from Makkah without performing the Hajj. However, if he wishes to do so, even if not necessary, and there is no fear of missing the Hajj, then if he is sure he can return to Makkah to wear ihram in time, it is apparent that he can depart from Makkah without ihram. But if he is not so sure, it is obligatory on him to wear the ihram for Hajj in Makkah and then depart from Makkah and proceed to Arafaat in the same ihram. It is not permissible for a person who has performed Umrat-ul Tamatoo to leave the Hajj even though it is a recommended one.

Rule 152:

It is permissible for a pilgrim whose obligation is Hijjatul Tamatoo to depart from Makkah before completion of his Umrah if he is able to return to Makkah; otherwise, as a matter of precaution, he should not do so.

Rule 153:

The prohibition against leaving Makkah on completion of the Umrah arises if one is to depart from the city for another place. However, the new streets and suburbs which are considered part of the Holy City nowadays are included as being within Makkah. Thus, the pilgrim can visit them after completion of the Umrah, whether necessary to do so or not.

Rule 154:

If the pilgrim has departed from Makkah after completing the Umrah without ihram and goes beyond the meeqaat, then two, situations arise: first: if he returns to Makkah within the same month of completing the Umrah, then he must enter Makkah without ihram, wear the ihram in Makkah for Hajj and depart for Arafaat; Second: if he returns to Makkah after expiry of the month in which he performed the Umrah, then he must repeat the Umrah.

Rule 155:

If the obligation of a person is to perform Hajj-ul-Tamatoo, he cannot change it to Ifraad or Qiraan. There can be an exception if a pilgrim embarks upon the Umrat-ul-Tamatoo, then finds the time too limited to complete the Umrah and commence the Hajj, he can change his intention (niyyah) to Hajj-ul-Ifraad and perform the Umrat-ul-Mufradah after the Hajj. The test as to how much time would be considered too limited to complete the Umrah differs with the scholars, but it is apparent that he must change his intention if he cannot complete the Umrah before midday of the 9th of Dhil Hajj.

Rule 156:

If before embarking upon the Umrah, the pilgrim for Tamatoo is aware that his time is too limited to complete the Umrah and commence the Hajj, he is not permitted to change his intention (niyyah) as in the preceding rule but must perform the Hijjatul Tamatoo after the Umrah if the pilgrimage was fixed upon him.

Rule 157:

If a pilgrim wears the ihram for Umrat-ul-Tamatoo in good time but deliberately delays the tawaaf and Saee till the noon of the 9th of Dhil Hajj, his Umrah is invalid and it is apparent that he is not permitted to change his intention (niyyah) to Ifraad but, as a matter of caution, he must perform the tawaaf and recite the prayers after it, perform the Saee and shave or do taqseer with the intention of acceptance as Hajj-ul-Ifraad or Umrat-ul-Mufradah.