The Guide To Hajj Rites

Introduction

Bismillah al-Rahmaan al-Raheem

Praise is to the Lord of the Worlds, and Blessings and Peace is upon Muhammad and his pure and impeccable progeny, and curse is upon all of their enemies.

This book is the translation of the work “Manaasik al-Hajj”, explaining the various issues of Hajj together with its rulings and rites. Before dealing with the rulings of Hajj it would be appropriate to present some of the hadith narrated about the significance of Hajj.

Rasulollah salla-llahu-alayhi-wa-aalih said, “The Hajj has Paradise as its reward, and the Umrah is atonement for all sins”.1

Imam Zayn al-‘Abidin alayhis-salaam said, “Perform Hajj and Umrah, for your bodies will be healthy, your sustenance will be increased, and the expenses of your families will be met.”2

Imam Zayn al-‘Abidin alayhis-salaam also said, “The pilgrim is forgiven, Paradise is [made] compulsory for him, the good deed is continued for him, and his family and wealth are protected.”3

Imam Baqir alayhis-salaam said, “Islam has been built on five [aspects]: on Salaat (the daily prayers), Zakat (the monetary contributions), Hajj (pilgrimage), Sawm (fasting),

1 al-Kaafi, vol. 4, p 253 2 al-Kaafi, vol. 4, p 252 3 Wasaa’el al-Shi’a, vol. 11, p 9

and the Wilaayah (the authority and guardianship of the Ahl-ul-Bayt), and nothing is as important as the Wilaayah.”4 Imam Sadiq alayhis-salaam said, “The pilgrim continues to have the Light of Allah upon him so long as he does not sin.”5

Imam Sadiq alayhis-salaam also said, “If you spend one Dirham for the Hajj is better than spending twenty thousand Dirham in a good cause.”6 Imam Sadiq alayhis-salaam also said, “If one dies and has not performed Hajjat-al-Islam, while a need, sickness, or a Ruler does not prevent him, let him die as a Jew or a Christian.”7

This is in addition to the fact that Hajj is one of the fundamental principles of Islam, and its obligation, while meeting the prescribed criteria, is amongst the necessities of religion, and abandoning it is a great sin.

4 al-Kaafi, vol. 2, p 18 5 Wasaa’el al-Shi’a, vol. 11, p 98 6 al-Kaafi, vol. 4, p 255 7 Man La Yadheroho al-Faqih, vol. 2, p 447

PART 1 – The Categories of Hajj

1. The Hajj is either obligatory or mostahab (desirable, optional), and the obligatory Hajj is classified in three categories:

I. Hajjat-al-Islam, which is obligatory upon the individual when s/he meets all the prescribed criteria, which shall be mentioned shortly InSha’Allah. According to the fundamentals of Islam, the Hajj is not obligatory except once.

II. The Hajj that becomes obligatory through nadhr (vow), promise, and oath.

III. The Hajj that becomes obligatory by proxy, thorough the hiring of agents.

As for the mostahab Hajj, it is any Hajj other than the above.

The Conditions of Obligation of Hajjat-al-Islam

2. The conditions that if met make Hajjat-al-Islam obligatory are five:

a. Adolescence, b. Sanity of the mind, c. Freedom, d. Ability – to be able to afford going to the Hajj and come back, as well as leaving behind enough for his family to live on,

“Returning to Sufficient” means of living. e. Absence of hindrance on the way [to the Hajj].

3. The obligation of the Hajj is immediate when its requirements are all met. That is, if the individual meets all the preconditions and prerequisites of the Hajj – thus considered “able” and “eligible”, or in technical terms mostatee’ 8 – it becomes compulsory upon him [to go to Hajj] in the same year of eligibility, and it is not permissible for him to 8 This meeting of the all preconditions and prerequisites is referred to as mostatee’ literally meaning “able”.

delay [going to Hajj]. Delaying the Hajj without having a valid [Islamically] legal reason constitutes a sin, and [from then onwards] the Hajj remains “established” as his responsibility [regardless of his ability or the lack of it]. It is mandatory for him to perform the Hajj in the following year [and if not] as soon as possible.

4. It is obligatory upon the mostatee’ to prepare all the necessary means and requirements of the Hajj journey in the first year of his ability/eligibility, even if they were many and lengthy.

5. It is obligatory upon the individual going to Hajj to learn the Hajj rites and rulings.

6. If it is not possible for him to go to Hajj on his own, he may choose a group that he trusts to go with, and if there are many groups that he trusts, it would not be obligatory for him to go with the first one. If he travelled with other than the first one, but, due to certain circumstances, he did not manage to get to the Hajj;

if in the future, he were not to meet all the prerequisites of the Hajj, he would not be regarded as having committed disobedience, nor the Hajj remains “established” in his responsibility. 7. If he travelled with a group that he is not sure of, and it happened that he did not get to Hajj, he has sinned, and the Hajj remains “established” in his responsibility. It is obligatory for him to perform the Hajj in the following year, or as soon as possible.

The Hajj of Underage Children

8. It is desirable for the underage child, who distinguishes [the good and the bad], to perform the Hajj, and the validity of the Hajj is conditional upon the permission of his guardian such as his father. If he met all the criteria for Hajj other than that of adolescence, his Hajj is correct, but it would not qualify as Hajjat-al-Islam [and therefore when s/he is at or over the adolescence age, s/he is obliged to go to Hajj whenever becoming mostatee’].

9. If the under aged distinguishing child went on the Hajj [journey] but reached adolescence before declaring and assuming ihraam, and if he met all criteria to be considered as mostatee’, his Hajj is correct and qualifies as Hajjat-al-Islam.

10. If one performed the Hajj with the mostahab intention, believing that he is not adolescent, but then it became apparent that he is, his Hajj is correct and qualifies as Hajjat-al-Islam,

unless that his Hajj has been considered with the specific intention of mostahab such that if the Hajj is considered to be obligatory for him he would not perform it, which is an extremely rare supposition.

11. It is mostahab – desirable – for the guardian of the non-distinguishing child – male or female – to wear him the two garments of ihraam, after removing his normal clothing, and dictate to him the talbiyah word by word. If it is not possible to dictate the wordings to the child, the guardian should intend and say it on the child’s behalf, and he should prevent the child from committing prohibited acts of the ihraam. He should help the child perform any rite of the Hajj if he could do so, or do it on his behalf if the child could not do so.

The father should take him to do the tawaaf around the House, the sa‘y, observe the woquf in Arafaat and Mash‘ar al-Haraam, go to Mina, perform the stoning, shaving or trimming, and all other rites of the Hajj such as prayer of the tawaaf, etc.

12. The expenses of the child should come out of the child’s own assets, unless that would leave him penniless, in which case it is the guardian’s responsibility.

13. The cost of the Had’y should be from the assets of the child, and if latter did not have any, should come out of his guardian’s, and he should offer the Had’y by proxy on the child’s behalf.

14. The kaffaarah of hunting, if the child committed it, is from the assets of the guardian if the guardian was the father, or from the assets of the child if the guardian was not the father. However, the kaffaarah [of committing prohibited acts] other than hunting is from the wealth of the child regardless of the guardian being the father or not.

15. If the kaffaarah were to be paid from the assets of the child, if the guardian deducted them from the wealth of the child it is sufficient, otherwise, it is obligatory upon the child to deduct them from his assets after the age of adolescence.

The Mind

16. The insane, even if the insanity was periodical – i.e. insanity appears on certain occasions – is not obliged to the Hajj, unless he was mostatee’ and able to perform most of the rites of the Hajj – including the fundamental rites of the Hajj – in his state of sanity. In that case he is obliged to perform the Hajj. The same ruling applies to an individual who is in a state of unconsciousness.

Freedom

17. The slave – male or female – is not obliged to the Hajj even if s/he was mostatee’ and had the permission of the master. If with the permission of the master, his mostahab Hajj is correct, but this would not qualify as Hajjat-al-Islam. If they were freed and were mostatee’ they would then be obliged to the Hajjat-al-Islam.

Freedom of passage

18. One of the conditions of the obligation of the Hajj is the freedom of the passage, and absence of hindrance en route to the Hajj. If there were a danger threatening the life of the individual, his family or his assets and possessions, he would not be obliged to the Hajj. Similarly if there was a religious prohibition, such as if [the performance of] the Hajj would result in abandoning a more important obligation such as a mandatory jihad [which the individual is liable to], or committing a disobedience the repercussion of which is greater than the outcome of the Hajj, then the Hajj is not obligatory upon him.

19. One of the conditions of the obligation of the Hajj is the availability of enough time to perform the rites of the Hajj. If one met all the criteria for the Hajj at a time when he would not be able to get there in time, or he would manage to get there but with great difficulty that is normally unbearable, then the Hajj is not obligatory upon him.

Physical ability

20. Physical ability is one of the criteria of the obligation of the Hajj. Thus if one was ill, or had lost a limb, or too old such that he would not be able to perform the Hajj himself, it is obligatory for him to perform the Hajj by proxy, i.e. to appoint someone else to perform the Hajj on his behalf, if he has met other criteria required for the obligation of the Hajj.

21. The individual who was financially able, if he was also physically able, it would be obligatory for him to perform the Hajj himself, and it would not be sufficient if someone else performs the Hajj on his behalf, whether voluntarily or by hire. In the case of a mostahab Hajj, however, if someone performs the Hajj on his behalf, it would be correct.

The expenses cover

22. One of the conditions of the obligation of the Hajj, is the availability of the expenses to cover for the journey [to the Hajj], and back – both for the trip and living expenses – according to his social status, even by the minimum amount. If he does not have both, the Hajj is not obligatory upon him.

23. The criteria for the amount of the expenses are that he should have available to him from the place where he wants to depart from. For example if one went on business trip to Medina or Jeddah and it coincided with the Hajj season, and he was able to provide for the expenses from there, the Hajj would be obligatory for him, even if he would not be able to cover the expenses if it were from his hometown.

24. If providing the expenses means selling something he owns at a lessthan- normal price, and selling it would not put him in difficulty, it would be obligatory for him to sell and perform the Hajj with the proceed. However, if selling the item(s) would put him in difficulty, the Hajj would not be obligatory upon him.

25. If the costs of the Hajj expenses temporarily increased in one of the years, such that they would go back to normal afterwards, if paying the extra cost does not put him in difficulty, it is not permitted for him to delay the Hajj, and the Hajj becomes obligatory upon him in the same year.

26. The ability to provide for the expenses is conditional on covering the cost of the trip there and back, and during his stay in Makkah, but if he wanted to reside in Makkah permanently, providing the cost of the journey back is not conditional for him.

Return to Sufficiency

27. Return to Sufficiency is another prerequisite in the obligation of the Hajj, which means that when he returns back home from Hajj he should have [or be in] a position to manage himself and his family, actually and potentially. Thus if he does not have [a surplus sum] other than the capital with which he runs his and his family’s affairs, such that if he spends that capital for the Hajj, he would come back with no sufficient [funds to manage his family], the Hajj would not be obligatory for him.

28. It is not obligatory to sell the basic essentials of life, such as the house, furniture or clothing that fit his status, even books in the case of students, to use the proceeds to go to Hajj. However, if he had things superfluous to his need, such as having two houses, for one of which he has no need, it is obligatory for him to sell the [second] house in order to go to Hajj. The same is applicable to other superfluous stuff.

29. If something is no longer considered as essential, such as jewellery for a woman who either no longer wears them and it is not befitting for her status to keep them, or if she has grown old and it is not customary for her to wear them, if the proceeds of the sale would be sufficient for the Hajj, it would be obligatory for her to sell them and go to Hajj.

30. If he owned a house, and also had a house under his control such that he would be able to live in the latter house with his family without any difficulty or finding himself morally obliged to the owner of the house, it is not obligatory for him to sell the house he owns to go to Hajj.

However, if he and his family were living in the house under his control, such that normally he is not considered to need the house he owns, it would be obligatory for him to sell his house to go to Hajj. The same ruling apply to other things too if the sale proceeds cover the Hajj expenses.

31. If he had sufficient funds for the Hajj expenses, but he was not married yet, or he did not have a house to live in, or does not have the furniture for the house, the obligation of the Hajj has a higher priority. Unless his remaining unmarried, or without a house to live in, or without furniture constitutes such difficulty that he would not normally bear, in which case the Hajj is not obligatory for him.

Borrowing

32. If one does not have the fund [to go to the Hajj], but can borrow [the amount], it is mostahab for him to perform the Hajj through borrowing. [although this would not qualify for Hajjat-al-Islam.]

33. If one was [potentially] able to borrow sufficient money to go to Hajj, it is not obligatory for him to borrow. Furthermore, if one borrowed the money, the Hajj would not be obligatory for him, even if he would be able to pay the money back afterwards.

34. If one does not have sufficient fund available to him for the Hajj expenses, but someone owes him some money that would be sufficient for the purpose, and the time for the payment is due, it is obligatory for him to ask him [the debtor] for the money, and use it for the purpose of the Hajj.

Furthermore, if the payment time is not due, but if the debtor were to realise that the individual need the money for the Hajj and he would give him the money, it is also obligatory for him to ask the debtor for the money to use it for the Hajj. If the debtor would not deal with the matter amicably, and the creditor could use the offices or mediation of a third party to get the money for him, it is obligatory for him to do so and use the money for the purpose of the Hajj.

35. If the debtor denied the debt, it would be obligatory upon the creditor to take his case to the court of law – even if non-Islamic – to prove his right and recover the debt, in order to use it for the purpose of the Hajj.

If the debtor could not pay him back, or if the debtor denied the debt and the creditor could not force him to pay him back, or forcing debtor would be difficult for creditor, or if the debt payment is not due yet and the debtor would not pay him if he asked him, the Hajj would not be obligatory for him.

36. If one had in his possession enough fund for the purpose of the Hajj, but at the same time he also owed [others] money, such that if he went to Hajj he would not be able to pay back his debt, the Hajj would not be obligatory for him, regardless of whether his debt is due now or in the future, and whether the debt was prior to obtaining that money or following it. However, if he would be able to repay the debt when it is due, the Hajj would be obligatory for him.

37. If he had enough money for the purpose of Hajj, but he was in debt in terms of the Religious taxes, such as Khums, Zakat, kaffaaraat such that if he paid those dues he would not be able to go to Hajj, it is obligatory for him to pay his dues, rather than going to Hajj.

38. If anyone of certain skill or expertise, who lives off his skill or expertise, inherits a sum that is sufficient for the Hajj purpose, as well as for his family while he is on the Hajj trip, he would be obliged to the Hajj.

39. If one, because of his poverty, receives payments from the Religious taxes such as the Khums and Zakat, inherits a sufficient sum, it is obligatory for him to refrain from accepting those payments, and it is not obligatory for him to go to Hajj with the amount he had inherited. Unless the amount he inherited is such that it would prevent him from accepting payments as well as enabling him to go to the Hajj, in which case the Hajj would be obligatory for him.

40. The Hajj is not obligatory for an individual that, if he wanted to go to the Hajj, he would have to spend everything that he owns to the extent that he would be destitute, even though it would then be possible for him to survive by accepting donation collected for the poor, for example.