The Guide To Hajj Rites

Miscellaneous Issues Miscellaneous Issuesn

41. If one performed the Hajj as a rambler, or with someone else’s money, his Hajj qualifies. If he performed the Hajj with usurped money, his Hajj would be void, and he has committed a sin. However, if he obtained the two garments of ihraam, his clothing during the Tawaaf and Sa‘y, and the cost of the Had’y from legal money, his Hajj would be correct, although he has sinned in dealing with the usurped money and this Hajj would not be accepted from him.

42. It is not obligatory to attain the ability [i.e. become mostatee’] to go to Hajj by means of trading and saving. Also it is not obligatory to accept a gift [of a sum of money] from a donor to go to Hajj with, nor is it obligatory to accept to do a service or a job for a wage sufficient to go to Hajj, even if that service or job was befitting to his status. Of course, if he did one of those things and obtained a sum sufficient for the Hajj, the Hajj would be obligatory for him.

43. If one accepted to work in a group travelling to the Hajj, for a wage that would be sufficient for the Hajj such that he would be considered as able – mostatee’ – if his work does not contravene the execution of the rites of Hajj, it would be obligatory for him to perform the Hajj that year. However, if his work would contravene carrying out the rites of his Hajj, and for example he would not be able to observe the woquf in Arafaat and Mash‘ar, say, the Hajj would not be obligatory for him that year.

Furthermore, it would not be obligatory for him to save the money to perform the Hajj next year. If the money remained in his possession until the following year, and it was sufficient for the Hajj, the Hajj would be obligatory for him.

44. If one agreed to do the Hajj by proxy [on behalf of someone else] for a fee, and with that fee he too was considered mostatee’ – able and liable to perform the Hajj, for example, the fee was sufficient for performing two rounds of Hajj, if the assignor does not specify the Hajj to be performed in the current year, then it would be obligatory for him to perform the Hajj on behalf of himself first, and perform the Hajj by proxy in the following year.

If the Hajj by proxy was specified or dedicated to be for the current year, it would be obligatory for him to perform the Hajj by proxy first, and the obligation of the Hajj for him ceases to be valid, unless the fee [he earned] remained in his possession until the following year and was sufficient for the Hajj.

45. If one had some money but was not sure as to whether it was sufficient for the Hajj, because he was not sure of the cost of the Hajj, or he knew the cost of the Hajj but not sure of the amount he has, it would be obligatory for him to find out in each case.

46. If one had sufficient money for the Hajj, but the money was not within his access, if he was able to obtain the money – without unusual difficulty or harm – even by seeking others’ help etc. the Hajj would be obligatory for him. If however, he was not able to obtain his money in any way, the Hajj would not be obligatory for him so long as his access [to the money] was excused.

47. If one obtained a sum of money that was sufficient for the Hajj, but it was not in time for the Hajj, it is not obligatory for him to save for the following Hajj season, and it is permissible for him to use that money for his need, or give it to others, or give it as a gift to whoever he wished. If it remained in his possession until the next Hajj season, the Hajj would be obligatory for him.

48. If the money that was sufficient for the Hajj was lost, whether before the trip to Hajj, during it, or after it, this renders him not mostatee’, i.e. unable to perform the Hajj, and the Hajj is not obligatory upon him. If he regains that ability afterwards, he would then be liable to the Hajj.

49. If due to an oversight, one forgot that he had sufficient sum to go to Hajj, or due to an oversight one did not realise that he was liable to Hajj, and he did not notice his oversight until after the loss of the money or after the Hajj season, he would not be considered liable to Hajj if he was not negligent – moqassir – in his oversight. Of course if the sum remained in his possession until the following year, the Hajj would then be obligatory upon him.

50. If one performed the Hajj while he is not mostatee’ – i.e. not meeting all the preconditions required before being liable to perform the Hajj – this Hajj would not qualify for Hajjat-al-Islam. If at a later date he became mostatee’, he would still be liable to the Hajj. The same is applicable, if he was assigned to perform the Hajj on behalf of someone else.

51. If one did not believe that he meets the preconditions of the Hajj, i.e. he is mostatee’, and performed a mostahab Hajj with the intention of complying with his duties he is liable to, and then he discovered that he was actually mostatee’,

this Hajj would be qualified as Hajjat-al-Islam. However, if the intention was specified to be mostahab only such that if the Hajj turned out to be obligatory to him he would not have performed it, then this Hajj would not qualify for Hajjat-al-Islam, and he would be obliged to the Hajj if he became mostatee’.

52. It is desirable – mostahab –for an individual who has performed the Hajjat-al-Islam to perform Hajj for the second, third, fourth time, and so on. It is also desirable for one to perform the Hajj on behalf of others voluntarily, or perform the tawaaf and its prayer on their behalf, whether they are alive or dead. Furthermore it is also desirable to perform the Hajj on behalf of the Ma‘soomeen alayhum-as-salam, an act that is very emphasised and extremely mostahab.

53. If a non-Shi’a embraced and followed the teachings of Ahl-ul-Bayt alayhum-as-salam and became a “Shi’a”, if he had performed the Hajj according to his madhhab (the teachings of his sect), even though it may not be correct according to ours, or if he had performed the Hajj according to our madhhab, even though it may not be according to his,

that Hajj qualifies and he is not obliged to repeat the Hajj again. However, if he had performed the Hajj incorrectly; both according to his madhhab or according to ours, that Hajj would not qualify and he remains obliged to repeat.

Hajj by Grant

54. Just as one can meet the prerequisites for qualifying for the Hajj through his own possessions and wealth, those preconditions are also met by receiving a grant that is sufficient for the expenses of the Hajj. This is so regardless of the number of donors [of the grant], or whether the donor(s) arranged for the journey to and from, or forfeited the cost, or in any other way and arrangement. The recipient is considered – mostatee’ – able and liable to the Hajj, and it is obligatory for him to perform the Hajj in the same year and that would qualify for the Hajjat-at-Islam.

55. If performing the Hajj would not affect the means of living and sustenance of the recipient concerned, then he is obliged to perform the Hajj. Otherwise, if performing the Hajj would affect his means of living after he returns,

like if he earned his year-long income during the Hajj season [in his hometown], and if he were to perform the Hajj he would have missed that opportunity [of earning for the year, he would therefore not be obliged to Hajj], since Return to Sufficiency is one of the preconditions of the Hajj.

56. If an individual granted another a sum that is sufficient for going to Hajj with, but he did not make it conditional to go to Hajj with, the recipient is not obliged to accept it, and thus he is not obliged to Hajj. However, if he accepted the sum, he would be obliged to Hajj since he became mostatee’.

57. If an individual granted another a sum that is sufficient for going to Hajj with, and made it conditional to go to Hajj with, or if he gave him the option of either going to Hajj or elsewhere, the recipient is obliged to accept and to Hajj, since with that [donation] he became mostatee’.

Unless, however, in accepting the donation there is a difficulty or the recipient would find himself morally obliged to the donor, in which case it is not obligatory for him to accept.

58. If one became mostatee’ through grant or donation, and if he also owed money, if his going to Hajj would not hinder him from paying off his debt, or if it did the creditor would put up with the delay, it is obligatory for him to accept the offer [of the donation] and perform the Hajj. However, if his going to Hajj would hinder him from paying back his debt, or the creditor would not agree to the delay, then he would not be obliged to accept [the offer of donation] nor to Hajj.

59. If one donated a sum to a group so that one of them could go to Hajj, if one of that group rushed to him [to accept the grant] he would be obliged to the Hajj, but the rest would not. If no one rushed to him and they were all able to go to the Hajj – [with the exception of the financial ability] – they would all continue to be obliged to go to Hajj [until one of them opts to accept the offer, when this obligation would be annulled for the rest].

60. As a result of a donation, the recipient becomes liable to the Hajj, which he must discharge as a duty. Thus if an individual, whose responsibility [if he were mostatee’] is to perform the Tamattu‘ Hajj, was donated [the cost of] the Qiraan or Ifraad Hajj,

he is not obliged to accept the offer. Similarly, if one, who had already performed the Hajjat-al- Islam, was offered a donation, he would not be obliged to accept the offer nor would he be obliged to the Hajj.

61. In the case of an individual who was obliged to perform the Hajj through, say, a vow and the like, but could not afford it, if he was offered a donation, he is obliged to accept it and he would be obliged to the Hajj, and through that he would discharge his duty. The same is applicable to an individual who became mostatee’ but did not perform the Hajj until he was unable to do so, if he was offered a donation.

62. If one lost the money that was donated to him to perform the Hajj, the obligation [of the Hajj] is annulled, regardless of whether the loss occurred before, during, or after the trip, unless he has enough money to complete the Hajj, provided the Return to Sufficiency aspect is taken into account. In this case, he is obliged to perform the Hajj and this will qualify as the Hajjat-al-Islam.

63. In the case of Hajj by Granted, the cost of the Had’y should also be borne for by the donor. If the donor did not pay for the cost of the Had’y, the recipient would not be considered liable to the Hajj, unless he can afford the cost, in which case he would be liable to the Hajj.

64. It is permissible for the donor to withdraw his offer if he does so before the recipient declares and assumes the ihraam. In that case the donor should cover the cost of the journey the recipient undertook until he is back in his hometown. If the recipient declared and assumed ihraam, as an obligatory precaution, the donor should not withdraw his offer.

65. In the case of the donor withdrawing his offer, if the recipient had enough [money] to continue the Hajj, he would be considered mostatee’, and he is obliged to continue the Hajj, and this would qualify for the Hajjat-al-Islam. If he did not have enough money to continue the Hajj, the obligation of the Hajj is annulled for him.

66. If the recipient performed the Hajj, and afterwards it became clear that the donated money was usurped, that Hajj would not qualify for him as Hajjat-al-Islam. It would be the right of the owner of the money to claim his money either from the donor or from the recipient. If the owner sought the money from the recipient, [and the latter paid him,] it would be the recipient’s right to refer to the donor [to recover the money he paid the owner]. Unless the recipient knew of the money being usurped, in which he has no right to refer to the donor.

67. If the recipient committed any of the ihraam’s forbidden acts that are liable to a kaffaarah, he should pay for the kaffaarah from his own money.

68. If one made a will, vow, etc. to donate a sum of money sufficient for the Hajj, and made it conditional for it to be used for the Hajj, if the money was given to the party concerned, it would be obligatory for that individual to accept and perform the Hajj. But if the usage of the money was not made conditional for the Hajj purpose, he would neither be obliged to accept [the offer] nor to the Hajj.

69. It is mostahab – desirable – for one to donate money to enable those who have not performed the Hajj to do so, in which case it would qualify Hajjat-al-Islam for them.

Permission of the husband

70. The permission of the husband is not a condition [required] for the wife to go to the obligatory Hajj. If the wife became mostatee’ she would be obliged to perform the Hajj, even if her husband does not give his consent, since the husband has no right to prevent her from Hajjat-al- Islam. However, in the case of the optional – mostahab – Hajj the permission of the husband is required, and he has the right to prevent her if it were to deny him the sexual rights, and if it were not, as a precaution, the same ruling applies.

71. If a woman was observing the divorce waiting period – if she was divorced a raj‘e (Return) divorce – the rulings concerning her with respect to the obligatory and the mostahab Hajj are the same as those of a wife in relation to her husband, since the woman in question is still governed by the rulings of a wife.

72. The obligation of the Hajj upon a woman is not conditional on her being with a mahram – a male from whom she does not wear Hijaab. Of course it is imperative that she travels with a trustworthy individual [group].

Hajj by Vow

73. The Hajj by Vow has prerequisites of: Adolescence, Mind, Freedom, etc. as mentioned in section of Vow in the Jurisprudence texts.

74. If one vowed to visit [the shrine of] Imam Hussain alayhis-salam every year on the day of Arafah, and then he became mostatee’ [in a particular year], his vow is waved in that year and he is obliged to perform the Hajj. This is applicable to any vow one may make before being mostatee’, and then afterwards becoming mostatee’, in cases when he would not be able to meet both requirements, i.e. perform the Hajj and meet the promise of the vow, the vow is waved and he is obliged to perform the Hajj.

75. If he was mostatee’ and made a vow that contravenes the Hajj, his vow is not established and he remains obliged to the Hajj.

76. If one vowed to perform Hajjat-al-Islam in a year, and became mostatee’ in that year too, or vice versa, i.e. he became mostatee’ and then he made that vow, in such a case one Hajj would qualify for him, declaring the niyyah “Hajjat-al-Islam that he vowed”.

Hajj by Proxy

77. The prerequisites of Hajj by Proxy are: Islam, Iman, Mind, Adolescence – as a precaution, and for the agent to have no obligation to Hajjat-al-Islam9. The agency of a Kaafir is not valid, nor is the agency of a Muslim on behalf of a Kaafir. Similarly it would not be valid if the agent is insane, under aged, or if the agent is obliged to Hajjat-al-Islam, which has remained “established” in his responsibility10.

78. It is imperative for the agent to know the rites of the Hajj and its rulings, even if with the help of a guide or teacher. It is also imperative that the agent is adherent to the teachings of Islam, and that the correctness and accuracy of his performance can be trusted, as a precaution, although relying on [the notion that the act of a mu’min is] “correct by default” is conceivable.

79. Hajj by proxy is correct whether it is done voluntarily, by hiring, by Jo‘aalah – reward [in exchange for doing something], etc. 80. If the mostatee’ was not able to perform the Hajj himself, he is obliged to do it by proxy, and if he could not do it by proxy, his obligation of the Hajj is annulled. However, if he remained to be liable and obliged to the Hajj until he died, it is obligatory [for his heirs] to perform it as qadha after his death.

80. If the mostatee’ who is not able to perform the Hajj himself failed to do it by proxy until he died, if he had remained to be liable and obliged to the Hajj [during his life] and he had left some assets behind, it is obligatory [for his heirs to arrange] for the Hajj to be performed as qadha, using his assets.

9 A person who is not yet mostatee’ or has never been so, is not liable or obliged to perform Hajjat-al-Islam, and therefore such a person may act as an agent to perform the Hajj on behalf of someone else even if he has not discharged his own duty of the Hajj through becoming mostatee’.

10 i.e. at certain stage the person became mostatee’, thus liable and obliged to perform the Hajj but he did not do so. He remains to be liable and obliged to Hajj regardless of his circumstances and ability in the future.

82. If it had become obligatory for an individual to perform the Hajj by proxy but he did not appoint an agent [to do so], if someone [else] offered to do it [the Hajj by proxy] for him voluntarily, that would qualify for him, although as a mostahab precaution he should appoint an agent [to do the Hajj by proxy] too.

83. He who was obliged for Hajj, and went to Hajj, declared and assumed the ihraam, and entered the precincts of the Haram, and then died before performing the rest of the rites of the Hajj, that would qualify for him as Hajjat-al-Islam, regardless of whether his obligation was the Tamattu‘, or the Qiraan, or the Ifraad. However, if he died before that, it would not qualify for him [as Hajjat-al-Islam],

and it is imperative that it is performed as qadha for him. Although the qualification [of Hajjat-al- Islam] is conceivable if he died after [declaring and assuming] ihraam in general, whether or not he entered the limits of the Haram.

84. If one became mostatee’ for the Hajj, but ignored to do so, and he did not perform the Hajj until lost his ability for the Hajj, he is obliged to perform the Hajj even if he were to go there as a rambler. If he died before performing the Hajj, it is obligatory for it to be performed as qadha, using the inheritance he has left, unless someone voluntarily offers to perform the Hajj on his behalf, which would qualify for him.

85. If the deceased was liable and obliged to the Hajj, [but after his death] it was doubted as to whether or not he had – [at some stage] – performed the Hajj, it should be assumed that he had acted accordingly and had performed the Hajj.

86. By merely hiring someone to perform the Hajj on behalf of the deceased does not discharge the duty of the deceased nor of his heir. It is imperative that the Hajj is performed. If it became clear that the agent, due to a reason or the lack of it, had not performed the Hajj, it is binding that a second agent is hired. The fee should be taken from the initial inheritance if it were not possible to recover it from the first agent. If the heir or the trustee were negligent, they should forfeit the fee.

87. The Hajj by proxy on behalf of a baby, a distinguishing child, or an insane is valid. In fact in the case of an individual who suffers from periodical insanity, i.e. occasionally feeling sane, and he was liable to Hajj but did not perform the Hajj – even though he was able – until he died, it is imperative to perform the Hajj by proxy on his behalf after his death.

88. In the case of the obligatory Hajj, it is not permissible for an agent to represent two or more people [simultaneously], but it is imperative for an agent to stand-in for one person only [at any one time]. Unless the obligatory Hajj was [collectively] mandatory upon two or more people, like when two or more people vow to hire an agent [to perform] the Hajj, or if the Hajj was optional – mostahab – where it is permissible for one agent to represent two or more people [simultaneously].

89. It is permissible for two or more agents to perform the Hajj by proxy on behalf of one individual in the same year, regardless of whether the represented being alive or dead, or the agent being a volunteer or hired. This is applicable to the mostahab Hajj. It is also applicable to the obligatory Hajj, if it were multiple, and the represented individual was physically unable, or dead. Like he had vowed to perform two Hajj’s, or he had vowed one Hajj but he was also liable to Hajjat-al-Islam, or if one of the two Hajj’s was obligatory and the other mostahab.

90. The agent can, after completing the rites of the Hajj on behalf of the represented individual, perform the Mufradah Umrah, and the tawaaf around the House on his own behalf or on behalf of someone else. 91. It is not necessary for the agent to be male if the represented individual is a male. It is permissible for each of the man and woman to represent the other as agent. The agent performs the Hajj on behalf of the represented individual according to his/her own requirements and not according to those of the represented.

91. It is permissible to appoint the saroorah – i.e. the individual who has never performed Hajj before or wishes to perform the Hajj for the first time – whether male or female, to represent a male or a female individual. However, as a recommended precaution, one case should be avoided, which is the appointing of a female saroorah as an agent for a male saroorah.

92. If the deceased does not specifically stipulate that the Hajj [on his behalf] should be a ‘baladi’ one, i.e. the Hajj should start from his hometown, then it is permissible to arrange for a ‘miqaati’ Hajj, i.e. appoint an agent to start the Hajj from one of the miqaat’s. The hometown refers to the place where he normally resided, not where died, if different.

93. If the deceased had stated in his will that the Hajj to be performed on his behalf without specifying the fee, the fee should be a standard one. However, if he had specified an amount to be used for the purpose of the Hajj on his behalf, it would be imperative to act according to the request, if the amount is not more than one third [of the total inheritance] in the case of the mostahab Hajj.

If it was more than a third, then the permission of the heir about the excess is conditional. If the deceased had specified a particular amount to be used for performing the Hajjat-al- Islam on his behalf, it is binding and obligatory for it to be executed, and the amount should be taken out of the total inheritance if it is not more than the minimum amount required to perform the Hajj. If it were, the excess should be taken from the third [of the total inheritance] without needing the permission of the heir.

95. If had stated in his will for a particular individual to perform the Hajj on his behalf, for a specified fee, the individual concerned is not bound by that will and he may ask for more [for a fee]. In that case another agent should be chosen to perform the Hajj. If the specified fee was more than the minimum amount required to perform the Hajj, the excess should be taken from the third [of the total inheritance] without needing the permission of the heir.

96. If the agent invalidated the Hajj, it is obligatory for him to perform its qadha in the following year.

97. It is not permissible for an agent to appoint another person as an agent unless he has authorised to either perform the Hajj by proxy himself or relegate it to another person, or [if he has] the specific permission of those concerned.

98. If the hire contract was general, in that it does not mention [whether] it is for him or another person [to perform the Hajj], it is required that the agent performs the Hajj, and thus it is not permitted for him to appoint someone else for the task.

99. The agent should act according to his Marje‘ Taqleed if he were a follower, or according to his ijtihad if he were a mujtahid, but not according to that of the person he is representing.

100. If the represented individual made it conditional that the agent acts according to the fatwa of the Marje‘ of himself [the represented], it is obligatory for the agent to act accordingly, unless [the performance of certain rites were] considered to be invalid according to his ijtihad or taqleed, in which case he should either refuse the offer, or act according to the ihtiyaat – precaution – that would be correct to both of them.

101. It is not permissible to appoint an agent who cannot say the talbiyah, or read [the Arabic texts] well, even by other’s help and dictation, unless it is for a mostahab Hajj.

102. It is permitted for one who entered [Makkah] during the months of Hajj for performing the Mufradah Umrah, to represent someone else for the Tamattu‘ Hajj after finishing his Umrah. He must declare and assume ihraam on behalf of the one he is representing from the miqaat designated for the country of the individual being represented.

103. It is not permitted to perform the Mufradah Umrah by proxy after performing the Tamattu‘ Umrah and before performing the Hajj. Also it is not permitted to do so willingly for himself, but if he did so out of ignorance, or in disobedience, that would not harm his Hajj if it does not interfere with the two woquf’s. The second [i.e. the Mufradah Umrah] would be considered as Tamattu‘ Umrah.

104. If one declared and assumed the ihraam for a mostahab Tamattu‘ Umrah, and after completing it, was appointed as an agent, it is not permissible for him to leave Makkah, nor to accept the agency. 105. It is mandatory for the agent to perform the task with the intention of representing the one who assigned him, even in the case of the Tawaaf al- Nisa’. The duty and responsibility of the individual being represented is not discharged unless the task is performed correctly and with the intention of doing so on behalf of the represented individual.

105. It is binding for the agent to act according to the conditions specified for him in terms of the type of Hajj, and its description, even in the particular route taken.

106. If the agent died after declaring and assuming the ihraam and entering the limits of the Haram, that qualifies for the individual being represented, and he does not need to perform another Hajj.

107. If the agent died after declaring and assuming the ihraam and entering the limits of the Haram, that qualifies for him and for the individual being represented, even if he had later departed the limits of the Haram. Similarly, if the agent died between [the times of] ihraam for the Umrah and the ihraam for the Hajj, that qualifies for him and the individual being represented.

108. If the agent died before [declaring and assuming] ihraam, or before entering the Haram with [him being in the state of] ihraam, they do not qualify for Hajj, taking into account some of the details of the case, although the validity is conceivable if he died after ihraam and before entering the Haram.

109. If one attained financial ability but without physical [ability] and he had no hope of recovering, it is obligatory for him to seek Hajj by proxy immediately.

110. If the excuse [or the reason preventing him from performing the Hajj] of the individual being represented was eliminated during the act of the agent or before starting the ihraam, if time was too tight, the agency is correct, and the performance of the agent qualifies for the one being represented. If, on the other hand, there was enough time, it is imperative on the individual being represented to perform the Hajj himself.

Proxy in some of the rites

112. In such cases as illness or absence, it is permissible to perform tawaaf, and sa‘y by proxy, if it was not possible for the individual to do so by being helped, or carried. The same is applicable for the prayer of the tawaaf and ram’y. As for ihraam, woquf, halq, and the mabeet in Mina, doing these rites by proxy is not acceptable.

113. If a woman would not be cleansed from her menses [in time] and it would not be possible to be left behind by her group, it would be permissible for her to seek an agent to do Tawaaf al-Nisa’ and Tawaaf al- Ziyaarah and their prayers on her behalf, and do the sa‘y herself.