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 Fiqh us-Sunnah - Hajj

اذهب الى الأسفل 
كاتب الموضوعرسالة
أحمد محمد لبن Ahmad.M.Lbn
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Fiqh us-Sunnah - Hajj Hajj10
Fiqh us-Sunnah - Hajj
By: Sayyid as-Sabiq

Fiqh us-Sunnah - Hajj Untitl35
This material has been reviewed and forwarded for publishing and distribution by the English language section of the Department of Islamic Resources.
Form #: 3909
Date: 17/11/1425

If you have any corrections, comments, or questions about this publication, please feel free to contact us at:
en@islamhouse.com
 
Chapter One:
Pilgrimage: A General Definition, Its Excellence and Prerequisites

Allah, the Exalted One, says:
“The first House (of worship) appointed for men was that at Bakka; (Bakka is one of the names of Makkah) full of blessings and guidance for all kinds of beings: in it are signs manifest (for example), the station of Abraham-- whoever enters it attains security; pilgrimage thereto is a duty men owe to Allah--those who can afford the journey; but if any deny faith, Allah stands not in need of any of His creatures” (Qur’an 3.96-97).

Definition of Hajj:
The majority of the scholars hold that Hajj was prescribed in the sixth year after Hijrah (Migration of the Prophet (peace be upon him) from Makkah to Madinah) for it was then that the following verse concerning it was revealed:
“And complete the Hajj and ‘Umrah in the service of Allah” (Qur’an 2.194).

This conclusion is based on the understanding that the “completion” in the above verse in fact refers to the time when it was first made obligatory. This view is also supported by ‘Alqamah, Masrouq, and Ibrahim An-Nakh’i, who substitute “And establish” for “And complete” in the above verse, as reported by At-Tabarani on sound authority. Ibn-al-Qayyim, however, is inclined to the view that Hajj was made obligatory in the ninth or the tenth year of Hijrah.

Excellence of Hajj:
The Divine Law Giver exhorted Muslims to perform Hajj. In this regard we may refer to the following:
Hajj - One of the Best Deeds:
Abu Hurairah reported that the Prophet (peace be upon him) was once asked:
“What is the best deed?” He replied:
“To have faith in Allah and His Messenger.” The enquirer asked: “What next?” The Prophet (peace be upon him) said: “To strive in the cause of Allah.” “What is the next best thing?” He replied: “Hajj Mabrur (a faultless Hajj that is free of sin and is graced with Divine acceptance and pleasure).”

Al-Hasan said:
“It means that a person after performance of Hajj should desire and be inclined to the life of the Hereafter rather than the material pleasures of this world.” Another report transmitted on sound authority from the Prophet (peace be upon him) says that a righteous performance of Hajj is crowned by feeding the needy and speaking kind words to men.

Hajj: A Form of Jihad:
Al-Hasan ibn Ali says that a man came to the Prophet (peace be upon him) and said:
“I am a coward and a weak person. Is there anything I can do?” The Prophet (peace be upon him) said:
“You may go for a jihad (striving) that involves no fighting, that is, Hajj.” This is reported by Abdur Razzaq and At-Tabarani, and all its narrators are trustworthy.

Abu Hurairah narrates that the Prophet (peace be upon him) said:
“Hajj is the jihad for the old, the weak and the women.” (This is reported by Nasa’i with a reliable chain of narrators)

‘Aishah reports that she once said:
“O Prophet of Allah! Jihad (striving or fighting in the cause of Allah) is the best deed. Should we (women) then, not actively participate in it?” The Prophet (peace be upon him) replied: “The best jihad for you is Hajj Mabrur.” (Bukhari and Muslim)

In another report ‘Aishah says:
“I once asked the Prophet (peace be upon him):
‘O Prophet of Allah! Should not we (women) strive and actively participate in the Islamic war with you?’ The Prophet (peace be upon him) replied: ‘The best and the most beautiful striving for you in the cause of Allah is Hajj Mabrur.’ ” (Bukhari and Muslim)

‘Aishah commented:
“After hearing this from the Prophet (peace be upon him) I shall never cease performing Hajj.”

Hajj Wipes Off Past Sins:
Abu Hurairah reported that the Prophet (peace be upon him) said:
“He who performs Hajj for Allah’s pleasure and avoids all lewdness and sins will return after Hajj free from all sins as he was the day his mother gave birth to him.” (Bukhari and Muslim)

‘Amr ibn al-‘As says:
“When Allah guided me to Islam, I went to the Prophet (peace be upon him) and said to him:
‘O Prophet of Allah! Stretch out your hand so that I may pledge my allegiance to you.’ The Prophet (peace be upon him) stretched out his hand to me, but I withdrew my hand. The Prophet (peace be upon him) asked: ‘O ‘Amr! what is the matter with you?’ I said: ‘I would like to stipulate a condition! ‘The Prophet (peace be upon him) asked: ‘What is it?’ I said: ‘That all my past sins be forgiven!’ The Prophet (peace be upon him) said: ‘O ‘Amr! Do you not know that Islam wipes off all past sins, and hijrah (leaving one’s home and hearth for Allah’s cause) wipes off all sins, and (similarly) Hajj wipes off all past sins!”’ (Muslim)

Abdullah ibn Mas’ud narrated that the Prophet (peace be upon him) said:
“Alternate between Hajj and ‘Umrah (regularly), for these two remove poverty and sins just as the blacksmith’s bellows removes all impurities from metals like iron, gold and silver. The reward for Hajj Mabrur is nothing short of Paradise.” (Nasa’i and Tirmidhi, who regards it a sound hadith)

Pilgrims are Allah’s Guests:
Abu Hurairah reported that the Prophet (peace be upon him) said:
“Pilgrims and those performing ‘Umrah are Allah’s guests; their prayers are answered and their supplications for forgiveness are granted.”

This is reported by Nasa’i, Ibn Majah, Ibn Khuzaimah and Ibn Hibban in their collections of Sahih hadith. In the last two we read:
“And Allah’s guests are three: A pilgrim performing Hajj, one performing ‘Umrah, and a person who fights in the cause of Allah.”

The Reward of Hajj is Paradise:
Abu Hurairah says the Prophet (peace be upon him) said:
“All sins committed in between the performance of one ‘Umrah and another are expiated and erased, and the reward of Hajj Mabrur is nothing save Paradise.” (Bukhari and Muslim) In another sound hadith Ibn Joraij relates from Jabir that the Prophet (peace be upon him) said: “This House of Allah (the Ka’bah) is the pillar of Islam, so whosoever heads to it with the intention of performing Hajj or ‘Umrah is under Allah’s security. If he should die (during his trip) he is granted Paradise, and if he returns home safely, he returns with reward and gain.”

The Excellence of Spending in Hajj:
Buraidah reports the Prophet (peace be upon him) as saying:
“Spending during Hajj is akin to spending in the cause of Allah, and every dirham thus spent will be rewarded seven hundred times over.” (Reported by Ibn Abi Shaibah, Ahmad, At-Tabarani and Al-Baihaqi)

Can the Performance of Hajj Be Deferred to a More Convenient Time or Must It Be Performed Immediately after One is Able to Do So?

Ash-Shafi’i, Ath-Thawri, Al-Awza’i and Mohammad bin al-Hasan are of the opinion that Hajj may be performed at any time during one’s life, and there is nothing wrong if someone, for whom it is obligatory, delays it until a later date in his (or her) life, for, although Hajj was prescribed in the 6th year of Hijrah, the Prophet (peace be upon him) delayed it until the 10th year of Hijrah when he performed it along with his wives and many of his companions. Had performing it earlier been essential the Prophet (peace be upon him) would have never delayed it.

Ash-Shafi’i says: “We, therefore, are convinced that Hajj is obligatory upon a Muslim, male or female, from the age of puberty until before his death.”

Abu Hanifah, Malik, Ahmad, some of Ash-Shafi’i’s followers and Abu Yusuf are of the opinion that Hajj must be performed as soon as one is (physically and financially) in a position to do so.

This opinion is based on a hadith that is related by Ibn ‘Abbas that the Prophet (peace be upon him) said:
“He who intends to perform Hajj let him do so expeditiously, for he may well fall sick, may lose his mount (ability to bear expenses of the journey) or he may be prevented by some other exigency.” (Reported by Ahmad, Al-Baihaqi, At-Tahawi and Ibn Majah)

In another report by Ahmad and Al-Baihaqi, we read that the Prophet (peace be upon him) said:
“Hasten to perform Hajj - the basic obligation - for you don’t know what might happen to you,” meaning “one may fall sick or be prevented by some other exigency.”

The earlier scholars interpreted these ahadith saying it was commendable for a person to perform Hajj as soon as possible provided he had the ability to do so.

Prerequisites for Hajj:
There is a consensus among jurists concerning the prerequisites that must be found in a person for Hajj to be incumbent on him:
1. He must be a Muslim.
2. He must be an adult.
3. He must be of a sound state of mind.
4. He must be free.
5. He must have the necessary power and ability.


Anyone lacking any of these conditions is not obligated to perform Hajj. All these conditions, that is, being a Muslim, being of adult age and of sound mind, being free, and possessing the power to discharge a duty are equally valid with respect to all other forms of worship in Islam.

This is based on a hadith of the Prophet (peace be upon him) which says:
“Three persons are not to be held accountable: a sleeping person until he awakes, a minor until he comes of age, and a mentally disturbed person until he regains his reason.”

Freedom is an essential prerequisite for Hajj, for this worship needs time as well as financial ability. A slave lacks both, for all his time is spent in the service of his master, and financially he lacks the ability to undertake this obligation.

The Qur’an says:
“Pilgrimage thereto is a duty men owe to Allah - those who can afford the journey” (3.97).


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Chapter Two:
The Ability To Perform Hajj - What Does It Imply?
The ability to perform Hajj, which is one of its essential conditions, includes the following:
1. A person must be healthy and physically fit. If one is disabled by old age or a disease that is incurable or is unable to perform Hajj for some other similar reason, he may, if he is financially capable, assign someone else to perform Hajj on his behalf and at his expense. This will be discussed later under “Hajj On Behalf of Another Person.”

2. The journey to Hajj must be safe so that the pilgrim’s life and possessions are safe and secure from any danger. If one is afraid for one’s life from highwaymen or an epidemic or if one is afraid to be robbed of one’ s possessions, then such a one is deemed as one of those who cannot afford the journey for Hajj.

There is, however, a difference of opinion among scholars regarding the entry fees and other charges levied on pilgrims. Can a person be excused and reckoned as unable financially to perform Hajj because of these charges? Ash-Shafi’i and others are of the view that the presence of these levies does qualify a person to be classified as unable to perform Hajj, even though the levy involved may be paltry. The Maliki scholars disagree for they do not regard this as a sufficient reason for a person to be deemed as unable to perform Hajj, unless the amount involved is too exorbitant or is demanded repeatedly.

3. One must possess the necessary provision and also the requisite means of journey. Necessary provision here means that the intending pilgrim must have sufficient supplies for himself as well as for his family that he leaves behind. These supplies include sufficient and adequate clothing, housing, means of traveling, and tools for the pursuit of his trade or profession besides the financial means for the journey. (The person intending to perform Hajj should not sell his clothes, his personal belongings, or his house--even if they were abundant to get money for Hajj) Means of traveling imply that which enables him to go to Hajj and come back, whether it is by land, by sea, or by air. This concerns those who live far from Makkah and cannot walk there.

As for those who live in the vicinity of Makkah, this condition does not apply, for they are so close that they can go for Hajj on foot.

Some ahadith explain the Qur’anic words
“those who can afford the journey,” (Qur’an 3.97)
as meaning provision of food and means of journey.
Anas reports that the Prophet (peace be upon him) when once asked about the meaning of “those who can afford” said:
“It means possessing means of sustenance and transportation.” (Ad-Daraqutni considers this hadith sound)

Al-Hafiz remarks:
“Most probably its chain of transmitters is not traceable to the Prophet (peace be upon him). Tirmidhi as well has reported it on the authority of Ibn ‘Umar but its chain of transmitters is weak. Abdul Haqq remarked: “All its chains of transmitters are weak.” Ibn Al-Mundhir says: “It is not traceable to the Prophet (peace be upon him) and the correct position is that it is a sound but incompletely transmitted hadith whose chain of authorities does not go back to the Prophet (peace be upon him).”

Ali (may Allah be pleased with him) narrates that the Prophet (peace be upon him) once said:
“He who possesses sufficient provisions and means of journey for the performance of Hajj and yet does not do so, let him die the death of a Jew or a Christian.”

For Allah says in the Qur’ an:
“Pilgrimage thereto is a duty men owe to Allah - those who can afford the journey.”
(Transmitted by Tirmidhi, but among the narrators of this hadith are included “Halal” ibn Abdullah, who is unknown, and “Al-Harith” whom Ash-Sha’bi and others have described as a liar)

All these ahadith are weak in authority, yet most scholars regard provisions and means of journey as a necessary condition for Hajj. If a person has neither the necessary provisions nor means of travel, he is not obligated to perform Hajj.

Ibn Taimiyyah says:
“These ahadith are musnad (A report which is traceable in uninterrupted ascending order of the narrators to its first authority) and have a sound chain of authorities, some are mursal (A hadith transmitted by a successor (atabi+), young or old, without mentioning the Companion who might have heard it from the Prophet directly. Ash-Shafi’i considers such a hadith weak, while Abu Hanifah and Malik consider it sound) and others are mauquf. (A hadith reported from a Companion through words or acts uninterruptedly or otherwise) They all prove that the ability to arrange one’s provisions and possession of means of journey is a necessary prerequisite for Hajj, and this despite the fact that the Prophet (peace be upon him) knew that many of the people (in his time) were able to go for Hajj on foot.

Similarly the words of Allah:
“Pilgrimage thereto is a duty men owe to Allah - those who can afford the journey…” …underline the fact that ability and power are the necessary prerequisite for all forms of worship. It signifies the unspecified power or a little bit more than what may be necessary. In the case of sawm (fasting) and salah (obligatory prayers) the financial ability is superfluous and is not specified in the Qur’an, unlike Hajj for which it is an important requirement. Similarly, Hajj is a form of worship which involves traveling for which one must be in possession of sufficient means to support oneself (and one’s family), as well as be able to shoulder the cost of the journey as in jihad.

In this regard we may refer to the Qur’anic verse (9.91-92)

“Nor is there any blame on those who find no resources to spend, nor is there (blame) on those who come to you to be provided with mounts, and when you said, ‘I can find no mounts for you.”’

In Al-Muhadhib we read:
“If someone has the money to buy provisions and the passage to Hajj but he needs it to pay his debts, Hajj is not binding on him, whether the settlement of the debt is required immediately or is due after a time. The debts that are due for immediate settlement must be paid at once, whereas the Hajj may be performed later on in life. But if he spends all that he has on Hajj he may not be in a position to pay off his debt.”

Similarly, if one is in need of a dwelling or a servant to help him, he may be classified as unable to perform Hajj. Likewise, if one needs to take a wife because he fears he may not be able to avoid evil, he must get married, for it is his immediate need. Furthermore, if one needs goods for his business to obtain requisite resources therefrom, such a one, according to Abul ‘Abbas, Ibn Sarih, may be classified as unable to perform Hajj in view of his specific need. Al-Mughni says: “If the debt is owed to a wealthy person who does not demand immediate settlement of the loan, defers settlement to a later stage, and is ready to permit the debtor to proceed for Hajj, then such a debtor is (technically) able to perform Hajj. But in case the lender cannot afford to defer settlement of the loan, the debtor would be reckoned as unable to perform Hajj.”

According to the Shafi’i school:
“If someone offers another a free passage for Hajj, one is not obliged to accept the offer, for it is a favor and involves distress of being obliged to another person. If, however, such an offer is made by one’ s son to perform Hajj, then one is obligated to do so, for one can perform it without being beholden to anyone else.”

The Hanbali school is of the view that an offer of financial help by someone else does not obligate a person to perform Hajj, nor does this classify him as (financially) capable of performing it, whether the offer comes from a stranger or a relative and whether the offer provides means of travel and provision, or linanacial help as such.

5. There must also be no obstruction which may prevent people from undertaking the journey for Hajj, like fear of torture or imprisonment by a tyrannical ruler.

Hajj of a Minor and a Slave:
Though Hajj is not compulsory for these two groups it is quite valid if they perform one, but it will not suffice them as regards the Hajj prescribed in Islam.

Ibn ‘Abbas reports:
“The Prophet (peace be upon him) said:
‘Any minor (child) who performs Hajj must perform it again after coming of age; any slave who performs Hajj and is then freed, must perform his Hajj again’.” (Reported by At-Tabarani on sound authority)

As-Sa’ib bin Yazid says:
“My father performed Hajj with the Prophet (peace be upon him) who was performing his Farewell Hajj, while I was only seven years old.” This was reported by Ahmad, Bukhari and Tirmidhi, who noted: “All scholars agree that if a minor performs Hajj, he must repeat his Hajj upon coming of age. Likewise a slave who performs Hajj, and thereafter gains his freedom, must also repeat his Hajj if he is in a position to do so.”

It is also reported from Ibn ‘Abbas that during a Hajj a woman lifted a boy, and asked the Prophet,

“Will this boy be rewarded for Hajj?” The Prophet (peace be upon him) answered:
“Yes, and you too will be rewarded.” (The boy will be rewarded for his obedience, while the mother will be rewarded for helping and instructing him to perform Hajj. This hadith is also reported from ‘Umar)

Jabir reports:
“We performed Hajj with the Prophet (peace be upon him) and a number of women and children were with us. We said talbiyah on behalf of the children, and (also) threw pebbles on their behalf.” This is narrated by Ahmad and Ibn Majah.

If a minor is able he may himself declare the state of ihram and perform the rites of Hajj. Otherwise, his guardian (An-Nawawi said: “The guardian who declares the state of ihram on behalf of a non-discerning minor, is the guardian of his properties, i.e., his father, grandfather, or the guardian appointed by law.”

Conceming the mother, the scholars differ. Some are of the opinion that her ihram on his behalf is only valid if she is appointed by law as his guardian. Others claim that her ihram is valid even if she is not the guardian) must declare the state of ihram and say talbiyah on his behalf, circumambulate round Ka’bah, run between Safa and Marwah, stay at ‘Arafah and throw stones on his behalf. If, on the other hand, a minor attains the age of puberty on or before the Day of ‘Arafah, his Hajj is then credited to him. The same applies to a slave who is liberated on or before the Day of ‘Aratah. Malik and Ibn Al-Mundhir say: “To both of these people their Hajj cannot be credited as (replacement for) the obligatory Hajj, for they intended a supererogatory worship while putting on ihram; its supererogatory status cannot be transformed into an obligatory worship.”

Hajj of a Woman
Hajj is obligatory both for women and men alike; they must perform it whenever they meet the above mentioned prerequisites for it. In the case of a woman it is essential that she be accompanied by her husband or some other mahram (Al-Hafiz said in his Al-Fath: “According to the scholars. the condition for being a mahram to a woman is that legally it should be impossible for such a man to ever marry her) relative on the journey for Hajj.”

Ibn ‘Abbas reports:
“I heard the Prophet (peace be upon him) saying:
‘A man must never be alone with a woman unless there is a mahram with her. A woman also may not travel with anyone except a mahram relative.’ A man stood up and asked: ‘O Prophet of Allah! My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do?” The Prophet (peace be upon him) replied, ‘Go and join your wife in Hajj.” (Reported by Bukhari and Muslim; the words given here are of Muslim’s. This order underlines something desirable; it does not obligate the husband or the mahram to travel with the woman, if there is no one else but him. No one is obligated to give up his convenience so that another person might do what is not required of him)

Yahya bin ‘Abbad reported that a woman from Iraq wrote to Ibrahim An-Nakh’i:
“I have not yet performed the prescribed Hajj; for although I am rich, I have no mahram who may accompany me on this trip.” He wrote her back: “You are one of those whom Allah has not given the means to perform (Hajj).” Abu Hanifah, Al-Hassan, At-Thauri, Ahmad and Ishaq all hold a similar view on this issue.

Al-Hafiz says:
“Among the Shafi’ite scholars the most commonly accepted opinion in this regard is that a woman may travel with her husband, or one of her mahram relatives, or a group of trustworthy women, or even one such (trusted) woman companion.” 

According to one view, reported by Al-Karabisi and recorded as sound in Al-Muhadhib, a woman may travel by herself provided the way to Hajj is secure and safe. This applies to both Hajj and ‘Umrah.

It is reported in Subul as-Salaam:
“A group of scholars hold that an old woman may travel without being accompanied by any mahram relative.”

This permission for a woman to travel without a mahram in the company of trusted companions or when the journey to Hajj is safe is supported by what is reported by Bukhari from

‘Adi ibn Hatem, who says:
“I was with the Prophet (peace be upon him) when a man came to him and complained of poverty. Another man complained about highway robbery.

Thereupon the Prophet (peace be upon him) said:
‘O ‘Adi! Have you seen the city of Hira in Iraq?’ I said: ‘No, but I have heard about it.’ The Prophet (peace be upon him) said: ‘If you lived long enough you will see that a woman will travel from Hira and will perform Tawaf round Ka’bah, and she will have no fear except that of Allah.”

This opinion is supported by the fact that ‘Umar gave permission to the wives of the Prophet (peace be upon him) to perform Hajj while accompanied by ‘Uthman and Abdur-Rahman ibn ‘Awf. ‘Uthman would announce them to people telling them to avoid looking at them or coming close to their camels. If, however, a woman fails to abide by this provision and performs Hajj alone - without being accompanied by any mahram - her Hajj would still be valid.

The author of Subul as-Salaam says that Ibn Taimiyyah said:
“Hajj of a woman without a mahram is valid, and likewise of a person who is financially not able to perform it.”

In brief, those for whom Hajj is not compulsory due to sickness, poverty, fear of highway robbery, or in the case of a woman because no mahram is available to accompay her, if these people nonetheless perform Hajj, it will be credited to their account. Some of them try their best (and exert themselves to the utmost) like those performing Hajj on foot, while others are guilty of sins, such as those who beg others to help them perform Hajj, or a woman that performs Hajj without a mahram male companion. Notwithstanding their valid excuse, if any of these people perform Hajj, it will be quite valid, for their sin relates to their (choice of unlawful) means and has no bearing on the objective as such.

It is reported in Al-Mughni:
“If a person, not obliged to perform Hajj because he is unable (financially) to do so, should seek to perform Hajj, suffering hardship, traveling on foot and without necessary provisions, his Hajj will be quite valid and acceptable.”

A Woman Should Seek Her Husband’s Permission for Hajj
It is desirable for a woman to seek her husband’s permission for the prescribed Hajj. Then if he grants her the permission she may leave for Hajj; in case he refuses to give permission, she may still proceed for Hajj, for a husband should not forbid his wife from performing obligatory Hajj. It is an obligatory act of worship. It is unlawful to obey anyone in something that involves disobedience to Allah.

A woman should perform obligatory Hajj as soon as possible, just as she should offer her prescribed daily prayers at their earliest prescribed times. In either case a husband has no right to prevent his wife from doing what is her obligatory duty.

The same applies when a wife has vowed a Hajj, because it is obligatory like the prescribed Hajj. In the case of supererogatory Hajj, however, the husband may prevent his wife, and the wife must obey her husband. This is supported by a hadith reported by Ad-Daraqutni on the authority of Ibn ‘Umar who narrated that while speaking about a wealthy lady whose husband had refused to give her permission to perform Hajj,

the Prophet (peace be upon him) said:
“She must not go for Hajj except by her husband’s permission.”

He Who Dies Without Performing Obligatory Hajj:
If a person dies before performing obligatory Hajj or if one vowed to perform Hajj but died before fulfilling one’ s vow, his heir must assign someone to perform Hajj on behalf of the deceased. All the ensuing expenses in this regard must be paid out of the deceased’s property, as indeed must be any debts left by him.

Ibn ‘Abbas narrates that a woman from the tribe of Johainah came to the Prophet (peace be upon him) and said:
“My mother had vowed to perform Hajj but she died before fulfilling her vow, should I perform Hajj on her behalf? The Prophet (peace be upon him) said: “Yes, perform Hajj on her behalf. Would you not pay off any debts your mother might have left behind upon her death? Pay off what you owe to Allah, for He is most deserving of settlement of His debt.” (Bukhari)

This hadith underlines the obligation of performing Hajj on behalf of a deceased person, whether or not he leaves a will to this effect (it is a kind of debt for the deceased), and all debts left by the deceased must be settled, just as all other financial obligations such as zakah, an atonement or a vow transacted by the deceased has to be fulfilled.

Ibn ‘Abbas, Zaid bin Thabit, Abu Hurairah, and Ash-Shafi’i hold this opinion. They consider that the expenses of the substitute (the hired person) must be paid out of the wealth of the deceased before dividing it up among his heirs.

In case the wealth is insufficient to cover both the cost of Hajj (by the substitute) and settlement of the deceased’s debts, the expense of Hajj must be paid first, as the Prophet (peace be upon him) said:
“Allah is most deserving that His debt be paid back.”

Imam Malik says:
“A person may perform Hajj on behalf of the deceased only if the deceased leaves a will to that effect. If the deceased leaves no such will, then a Hajj on his behalf may not be performed, for this worship involves, more than anything else, physical exertion and struggle and as such, no other person can replace or substitute another person. If a deceased makes a will regarding it, then Hajj may be performed, meeting all its cost from out of one third of the share of his heritage.”

Hajj On Behalf of Others:
If someone has the ability to perform Hajj but afterwards he is unable to perform it due to sickness or old age, he must arrange for someone else to perform Hajj on his behalf, for he may never be able to do it himself. In this respect, such a person is very much like the deceased, hence the permission for him to choose his substitute in Hajj.

This is based on a hadith reported by Al-Fadl ibn ‘Abbas, who says:
“A woman of Khath’am said, ‘O Prophet of Allah! Allah has prescribed Hajj for His servants. (Now that) I am grown up, I find that my father is an old man, and he cannot ride on the camel (for long). Should I perform Hajj on his behalf?’ The Prophet (peace be upon him) said: ‘Yes.’” This happened during the Farewell Hajj. (Reported by the Group)

Tirmidhi considers it a sound hadith with a sound chain and adds:
“On this topic, reports other than this hadith are also found; they are of sound authority, and the companions of the Prophet (peace be upon him) believed and practiced accordingly; they held that one may perform Hajj on behalf of a deceased person.” At-Thawri, Ibn al-Mubarak, Ash-Shafi’i, Ahmad and Ishaq also hold a similar view. Imam Malik says: “If the deceased leaves a will that someone perform a Hajj on his behalf, then it may be performed.” Some scholars like Ibn Mubarak and Ash-Shafi’i say that it is permissible for an old man, who is unable to perform Hajj on his own, to arrange for a substitute to do it on his behalf.

The above hadith also lends support to the view that, both for a man or a woman, it is quite permissible to perform Hajj on behalf of another man or woman. There is nothing against this in the Qur’an or hadith.

Position of a Sick Person Who Recovers:
If a sick person recovers after someone has performed Hajj on his behalf, he will be considered as having performed his obligatory duty, and he will not be required to repeat it, for it would imply the obligation of performing two obligatory pilgrimages (rather than one). This is Imam Ahmad’s view. The majority of scholars are, however, of the view that such a substitutory Hajj will not suffice a man to absolve him of his obligation, for his recovery shows that his case was not really hopeless (and he should therefore repeat it), for the decisive factor in this respect is cessation of illness and restoration of his health.

Ibn Hazim is inclined to the first view. He says:
“When the Prophet (peace be upon him) commanded to perform Hajj on behalf of those who are unable to walk or ride (i.e., cannot travel for Hajj), and told that this will pay off their debt to Allah, then indeed the debt is settled, and their effort accepted.”

And surely if an obligation is removed or fulfilled, there is no justification for its repetition, especially when there is nothing in the texts to support it. Had such a repetition been necessary, the Prophet (peace be upon him) must have clearly mentioned it, but as he did not, there is no reason for its repetition.

Conditions for Performing Hajj on Behalf of Others:
Before performing Hajj on behalf of someone else, a person must have performed his own Hajj.

This is based on the hadith in which Ibn ‘Abbas narrates that the Prophet (peace be upon him) heard a man saying:
“O Allah! Here I am in response to Your call on behalf of Shabrumah.” The Prophet (peace be upon him) asked him: “Have you performed your own Hajj?” He replied: “No”, whereupon the Prophet (peace be upon him) told him: “You must perform Hajj on your own behalf first, and then tor Shabrumah.” (Abu Daw’ud and Ibn Majah)

Al-Baihaqi says:
“Its chain of authorities is sound, and in this regard it is the most genuine report.”

Most of the scholars hold that it is not proper for a person to perform Hajj on behalf of others prior to performing it on his own behalf, whether or not he is able or unable to do so.

Hajj in Fulfillment of a Vow While Having to Perform Obligatory Hajj:
According to the verdict of Ibn ‘Abbas and ‘Ikrimah if a person performs Hajj in fulfillment of a vow, while he has yet to perform the prescribed Hajj, then it should suffice him (and absolve him) trom both. ‘Ata and Ibn ‘Umar, on the other hand, hold that one must first perform the Hajj obligatory on him, and thereafter perform another Hajj to fulfil his vow.

No Sarorah (Delaying) in Islam:
Ibn ‘Abbas reports:
“The Prophet (peace be upon him) said:
‘There is no Sarorah (delaying performance of obligatory Hajj) in Islam.’” (Ahmad and Abu Daw’ud)

Al-Khattabi remarks:
“The word sarorah has two meanings:
1. a person who does not marry and leads a life of celibacy, like monastic Christians; or

2. someone who has not performed Hajj. In other words this means that no one able to perform Hajj should fail to do so, because in Islam there is no delaying of obligatory Hajj.

Some scholars refer to it as a proof that a person who has not performed Hajj is not allowed to perform Hajj on behalf of others. Al-Awza’i, Ash-Shafi’i. Ahmad and Ishaq hold this view. Malik and Ath-Thawri say: “Such a person’s Hajj depends on his own intention.” Al-Hasan Al-Basri, ‘Ata and An-Nakh’i also hold a similar view.

Getting a Loan for Hajj:
Abdullah ibn Abi ‘Awfa relates:
“I asked the Prophet (peace be upon him) about a man who has not performed Hajj, ‘Should he not get a loan to perform Hajj?’ The Prophet (peace be upon him) replied: ‘No”’ (Al-Baihaqi).

Performing Hajj with Unlawfully Gained Money:
Someone performing Hajj with unlawfully gained money, may technically fulfil his prescribed duty of pilgrimage, but according to the majority of the scholars, he will be guilty of sin for doing so.

Imam Ahmad disagrees and holds that such a Hajj is not enough for a person to absolve him of his prescribed obligation, and this is more correct as the sahih hadith says: “Surely, Allah is Pure, and He does not accept anything but what is pure (and clean).”

Also it is reported by Abu Hurairah that the Prophet (peace be upon him) said:
“As soon as a pilgrim sets out for Hajj with a provision which is lawful, and puts his foot in the stirrup (rides his mount) and calls out: ‘O, Allah! Here I am in response to Your call,’ an announcer answers him from the heavens above, saying: ‘Your call has been heard; you are a happy one; your provisions are lawful, your mount is lawful and your pilgrimage is free of sin and acceptable.’ But, if his provisions are unlawfully gained, and he puts his foot in the stirrup and calls out: ‘O Allah! Here I am in response to Your call,’ an announcer from the heavens above answers him back, saying: ‘Your call is not accepted; nor are you welcome; your food is unlawful; your provisions are unlawful; and your pilgrimage is not free of sin and is unacceptable.”’

Al-Mundhri says:
“This is reported by At-Tabarani in Al-Awsat, and also by Al-Asbahani in a mursal hadith from Aslam, the freed slave of ‘Umar bin al-Khattab.”

What is Better in Hajj:
Riding or Walking?
Al-Hafiz writes in Al-Fath:
“Ibn al-Mundhir says there is a difference of opinion as to what is better for a pilgrim, walking or riding during the Hajj.”

The majority of scholars hold riding is better, for the Prophet (peace be upon him) did so, and because it is more helpful (in concentrating) on praying and making supplications to Allah, apart from other benefits. Ishaq bin Rahoweh says: “Walking is preferable for it involves more exertion and hardship (in the cause of Allah).” We may say that whether a person walks or rides during Hajj depends on each person and his particular circumstance.

Bukhari has transmitted from Anas (may Allah be pleased with him) that the Prophet (peace be upon him) saw a man leaning on both sides on his two sons, whereupon he asked: “What is the matter with this man?” The people said: “He has vowed to walk during Hajj.” The Prophet (peace be upon him) said: “Allah is in no need whatever of torturing this man.” Then he commanded the man to perform his Hajj riding.”

Doing Business and Leasing Rides During Hajj:
There is no harm if a pilgrim engages in trade and business during Hajj or ‘Umrah.

Ibn ‘Abbas said:
“In the beginning when Hajj was prescribed, the people used to trade at Mina, ‘Arafah, and the market place of Dhul-Majaz (A place close to ‘Arafah) during the Hajj season, but they feared it might be forbidden for them while in a state of ihram. Thereupon Allah revealed the verse (Qur’an 2.198): ‘It is no crime in you if you seek of the bounty of your Lord (during pilgrimage).’” This is reported by Bukhari, Muslim and Nasa’i.

Commenting on the above verse, Ibn ‘Abbas adds:
“The people used to shun business while in Mina, so they were instructed to engage in business or trade while pouring down from ‘Arafah.”

Abu Omamah At-Taimi narrates that he said to Ibn ‘Umar:
“I rent mounts to people during Hajj season, and the people tell me that my Hajj is void.” Ibn ‘Umar asked him: “Do you not don Hajj garb, say talbiyah, go around the House of Allah, pour down from ‘Arafah, and stone the Satan?” The man said, “Yes, I do.”

Ibn ‘Umar said:
“Then your Hajj is quite valid (and you will be rewarded for it). A person came to the Prophet (peace be upon him) and asked him something similar to what you asked me, whereupon the Prophet (peace be upon him) remained silent until this verse (Qur’an 2.198)
was revealed to him:
“It is no crime in you if you seek the bounty of your Lord (during Hajj season).”

Then the Prophet (peace be upon him) sent for the man and recited the verse to him, saying:
“Your Hajj is valid.” This is reported by Abu Daw’ud and Sa’id ibn Mansur. Al-Hafiz Al-Mundhri said Abu Omamah is not known (as a narrator).

Ibn ‘Abbas says that a man asked him:
“I hire myself to these people to guide them in performing their rites of Hajj; will I have a reward for Hajj?”

Ibn ‘Abbas said:
“Yes.” (And then he recited)
“To these will be allotted what they have earned; and Allah is quick in account.” (Qur’an 2:202) This is transmitted by Al-Baihaqi and Ad-Daraqutni.


Fiqh us-Sunnah - Hajj 2013_110
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أحمد محمد لبن Ahmad.M.Lbn
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أحمد محمد لبن Ahmad.M.Lbn

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Fiqh us-Sunnah - Hajj Empty
مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty31/07/18, 10:13 pm

Chapter Three:
The Hajj Of The Prophet (Peace Be Upon Him)
A Detailed Account:
Muslim reports:
“Abu Bakr ibn Abi Shaibah and Ishaq bin Ibrahim told us that Hatem bin Isma’il al-Madani reported of Ja’far bin Mohammad and he of his father, saying, ‘We visited Jabir bin Abdullah (he was blind) and he began inquiring about the people (who had come to see him) till it was my turn. I said: “I am Mohammad ibn Ali ibn Hussein.” He placed his hand on my head and opened my upper button and then the lower one, and then placed his hand on my chest (in order to bless me). I was during those days a young boy, and then he said: “You are welcome, my nephew. Ask whatever you want to ask.” I asked him a question but it was time for prayer. He stood up covering himself in his mantle. Whenever he placed its ends upon his shoulders they slipped down because it was short (in size). Another mantle was, however, Iying on the clothes rack nearby (and he put it on) and led the prayer. I said to him: “Tell me about the Hajj of the Prophet (peace be upon him).” He held up his nine fingers and said: “The Prophet (peace be upon him) stayed in Madinah for nine years but did not perform Hajj. Then, in the tenth year he made a public announcement to the effect that Allah’s Messenger was about to perform the Hajj. A large number of people came to Madinah, and all of them were eager to emulate the Prophet (peace be upon him) and follow his actions.

“We set out with him until we reached Zhul-Hulaifah, where Asma bint ‘Umais gave birth to Mohammad ibn Abi Bakr. She sent a message to the Prophet (peace be upon him) asking him: “What should I do?” He said, “Take a bath, bandage your private parts and put on ihram.

“The Prophet (peace be upon him) then prayed in the mosque and then mounted al-Qaswa (his she-camel) and it stood erect with him on its back at al-Baida. As far as I could see in front of me, behind me, on my right and on my left, I saw riders and pedestrians. The Messenger of Allah (peace be him) was prominent among us and the (revelation) of the Qur’an was descending upon him, and it is he who knows (its true) interpretation. Whatever he did, we also did.

He pronounced the Oneness of Allah (saying):
Labbaika Allahumma labbaik labbaika la sharika laka labbaik, innal hamda wan-ni’mata laka wal mulk, la sharika lak (O Allah! I hasten to You. You have no partner. I hasten to You. All praise and grace is Thine and the Sovereignty too; You have no partner). And the people also pronounced this talbiyah which they pronounce today. The Messenger of Allah (peace be upon him) did not disapprove of anything in it, but he azhered to his own talbiyah.

Jabir said:
“We did not have any other intention but that of Hajj only, being unaware of the ‘Umrah, but when we came with him to the House (of Allah), he touched the Black Stone (Hajar al Aswad) and made seven circuits, running three of them and walking four. Then going to the Station of Ibrahim, he recited: “And adopt the Station of Ibrahim as a place of prayer.” (Qur’an 2.125) He stood at a place where the Station (of Ibrahim) was between him and the House. There he prayed two rak’ahs reciting Surah Al-lkhlas, and Surah Al-Kafirun. He then returned to the Black Stone (Hajar al A.sl~ad) and kissed it. Then he went out of the gate to Safa, and as he approached it he recited: “Al-Safa and al-Marwah are among the signs appointed by Allah,” (Qur’an 2.15) (adding:) I begin with what Allah began. He first mounted Safa until he saw the House, and facing Qiblah he declared the Oneness of Allah and glorified Him and said: La ilaha illa Allah wahdahu la sharika lahu, lahul mulk wa lahul hamd, wa huwa ‘ala kulli sha’in qadeer, la ilaha illallahu wahdahu anjaza wa’dahu, wa nasara ‘abdahu, wa hazamal ahzaba wahdah (There is no God but Allah, One, He has no partner. His is the Sovereignty, to Him praise is due, and He is Powerful over everything. There is no God but Allah alone, Who fulfilled His promise, helped His servant and routed the confederates alone”).

He said these words three times making supplications in between. He then descended and walked towards Marwah, and when his feet touched the bottom of the valley, he ran; and when he began to ascend, he walked till he reached Marwah. There he did as he had done at Safa.

“When it was his last round of Marwah he said:
‘If I had known beforehand what I have come to know afterwards, I would not have brought sacrificial animals and would have offered it as an ‘Umrah. So, he among you who has not the sacrificial animals with him should put off ihram and treat it as an ‘Umrah. Suraqa ibn Malik ibn Ju’tham got up and said, ‘Messenger of Allah, does it apply to the present year, or does it apply forever? Thereupon the Messenger of Allah (peace be upon him) intertwined the fingers (of one hand) into another and said twice: ‘The ‘Umrah has become incorporated in the Hajj,’ (adding): ‘No, but forever and ever.’

“Ali came from Yemen with the sacrificial animals for the Prophet (peace be upon him) and found Fatimah (Allah be pleased with her) to be one among those who had put olf ihram. put on dyed clothes, and had applied kuhl*. Ali showed diiapproval of it, whereupon she said: ‘My father has commanded me to do this.’ (The narrator) said that Ali used to say in Iraq: ‘I went to the Messenger of Allah (peace be upon him) showing annoyance at Fatimah for what she had done, and asked the Prophet (peace be upon him) regarding what she had narrated from him, and told him that I was angry with her, whereupon the Prophet (peace be upon him) said: ‘She has told the truth; she has told the truth.’

“(The Prophet then asked Ali):
‘What did you say when you put on ihram?’
I (Ali) said:
‘O Allah, I am putting on ihram for the same purpose as Your Messenger has put it on.’ Thereupon the Prophet (peace be upon him) told him, ‘I have with me sacrificial animals, so do not put off the ihram.’

“(Jabir) said:
‘The total number of those sacrificial animals brought by Ali from Yemen and of those brought by the Prophet (peace be upon him) was one hundred. All the people except the Prophet (peace be upon him) and those who had with them sacrificial animals, put off ihram and got their hair clipped. When it was the day of Tarwiya (8th of Zhul-Hijjah) they went to Mina and put on the ihram for Hajj and the Messenger of Allah (peace be upon him) rode and led there, the noon, afternoon, sunset, ‘Isha and dawn prayers. He then waited a little till the sun rose, and commanded that a tent of hair should be pitched at Namira.

“The Messenger of Allah (peace be upon him) then set out and the Quraish did not doubt that he would halt at Al-Mash’ar Al-Haram (the sacred site) as the Quraish used to do in the pre-Islamic period. The Messenger of Allah (peace be upon him), however, passed on till he came to ‘Arafah and he found that the tent had been pitched for him at Namira. There he got down till the sun had passed the meridian; he commanded that al-Qaswa be brought and saddled for him. Then he came to the bottom of the valley, and addressed the people saying: Verily your blood, your property are as sacred and inviolable as the sacredness of this day of yours, in this month of yours, in this town of yours.

Behold! Everything pertaining to the Days of Ignorance is under my feet, and completely abolished. Abolished are also the blood-revenges of the Days of Ignorance. The first claim of ours on blood-revenge which I abolish is that of the son of Rabi ‘a ibn al-Harith, who was nursed among the tribe of Sa’d and killed by Huzhail. And the usury of the pre-Islamic period is abolished, and the first of our usury I abolish is that of ‘Abbas ibn ‘Abd al-Muttalib, for it is all abolished.

Fear Allah concerning women! Verily you have taken them on the security of Allah, and intercourse with them has been made lawful unto you by word of Allah. You too have rights over them, in that they should not allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise them but not severely. Their rights upon you are that you should provide them with food and clothing in a fitting manner.

I have left among you the Book of Allah, and if you hold fast to it, you will never go astray. And you will be asked about me (on the Day of Resurrection), (now tell me) what would you say? They (the audience) said: “We will bear witness that you have conveyed (the message), discharged (the ministry of Prophethood) and given wise (sincere) counsel.” He (the narrator) said: “He (the Holy Prophet) then raised his forefinger towards the sky and pointing it at the people (said): ‘O Allah, be witness. O Allah be witness,’ saying it thrice’.”

“Then azhan was pronounced and later on iqama and the Prophet (peace be upon him) led the noon prayer. Then another Iqama was pronounced and the Prophet (peace be upon him) led the afternoon prayer and he observed no other prayer in between the two. (This proves the validity of joining Zuhr and ‘Asr prayer on this day, at this place. There is consensus on it, but there is disagreement as to its cause. Abu Hanifah and some Shafi’i scholars hold that it is a part of Hajj, but the majority of Shafi’i scholars hold it is due to journey) The Messenger of Allah (peace be upon him) then mounted his camel and came to the place where he was to stay. He made his she-camel, al-Qaswa, turn towards the rocky side, with the pedestrian path Iying in front of him. He faced the Qiblah, and stood there until the sun set, and the yellow light diminished somewhat, and the disc of the sun totally disappeared. He made Usama sit behind him, and pulled the nosestring of Qaswa so forcefully that its head touched the saddle (in order to keep her under perfect control), and pointing out with his right hand, advised the people to be moderate (in speed) saying: “O people! calmness, calmness!” Whenever he passed over an elevated tract of land, he slightly loosened the nose-string of his camel till she climbed up. This is how he reached al-Muzdalifah.”

“There he led the evening and ‘Isha prayers with one azhan and two iqamas and did not glorify (Allah) in between them (i.e. he did not observe supererogatory rak ‘ahs between Maghrib and ‘Isha prayers). The Messenger of Allah (peace be upon him) then lay down till dawn and offered the dawn prayer with an azhan and iqama when the morning light was clear. He again mounted al-Qaswa, and when he came to Al-Mash’ar Al-Haram, he faced Qiblah, and supplicated to Allah, Glorified Him, and pronounced His Uniqueness and Oneness, and kept standing till the daylight was very clear.

“He then went quickly before the sun rose, and seated behind him was Al-Fadl ibn ‘Abbas, who wa.s a man with beautiful hair, fair complexion, and handsome face. As the Messenger of Allah (peace be upon him) moved on, a group of women riding camels was also passing. Al-Fadl began to look at them. The Messenger of Allah (peace be upon him) placed his hand on Al-Fadl’s face who then turned his face to the other side, and began to look, and the Messenger of Allah (peace be upon him) turned his hand to the other side and placed it on Al-Fadl’s face. He again turned his face to the other side till he came to the bottom of Muhassir. He urged her (al-Qaswa) a little, and, following the middle road, (This proves that it is sunnah to follow a different road on the way back from Arafah than the one taken while going toward it. The Prophet (peace be upon him) went by the Dab road to Arafah. Similarly he used to take different routes going to or coming back from ‘Eid prayers) which comes out at the greatest Jamarah, he came to the Jamarah which is near the tree. At this he threw seven small pebbles, saying, ‘Allahu Akbar’ while throwing every one of them in a manner in which the small pebbles are thrown (holding them with fingers) and this he did while at the bottom of the valley. (That is, he stood there at a place where Mina, Arafah and Al-Muzdalifah were on his right, and Makkah on his left side)

“He then went to the place of sacrifice, and sacrificed sixty-three (camels) with his own hand. He shared the remaining camels with Ali, who sacrificed them. He then commanded that a piece of meat from each sacrificed animal be put in a pot. When it was cooked, both of them (the Prophet and Ali) ate some of it and drank its soup.

“The Messenger of Allah (peace be upon him) again rode and came to the House (of Allah), where he performed Tawaf Al-Ifadah and oftered the Zuhr prayer at Makkah. He came to the tribe of ‘Abd al-Muttalib, who were supplying water at Zamzam, and said: ‘Draw water, O Banu ‘Abd al-Muttalib; were it not that people would usurp this right of supplying water from you, I would have drawn it along with you.’ So they handed him a bucket and he drank from it.”

The scholars said:
“This hadith is one of its kind. It contains lots of valuable information.” Al-Qadi ‘Iyad said: “Many scholars have spoken (and written) at great length about the legal injunctions contained in this hadith.” Abu Bakr ibn Al-Munzhir has listed a large part of these identifying about one hundred and fifty injuctions. He observes that if he had analysed more closely this number would almost double.

The scholars said:
This hadith indicates that for the women giving birth to a child or having monthly periods it is sunnah - and much more so for others - to take a bath when they intend to perform Hajj or ‘Umrah. It also teaches us that the women who are menstruating or are still in their confinement after childbirth, should clean themselves properly, cover their private parts with a piece of cotton, then declare their ihram. It also indicates that ihram must be declared after offering either a fard or a supererogatory prayer. After declaring ihram one should utter talbiyah loudly and preferably use the same words as used by the Prophet (peace be upon him).

However, there is no harm in adding similar phrases as ‘Umar did:
“O Allah! I answer Your call, You Who gives blessings and good favors. I answer Your call fearing You, and wishing Your favor.”

This hadith also indicates that a pilgrim must first come to Makkah where one must perform circumambulation of arrival in Makkah (Tawaf qudoom), and touch the Black Stone--if possible--and make the first three rounds running, while making the other four walking at normal speed. The running is done around the Ka’bah except between the Yemeni Corner and the Black Stone.

After making the Tawaf one must go to the Station of Ibrahim (peace be upon him) and recite the verse:
“Take the Station of Ibrahim as a place for prayer.”

Then standing there, with the Station of Ibrahim between him and the Ka’bah, he should pray two rak’ahs reciting after Al-Fatihah, Surah Al-Kafirun in the first rak’ah, and Surah Al-lkhlas in the second rak’ah. This hadith also indicates that touching the Black Stone again prior to leaving the Sacred Mosque is recommended (if possible), just as one did upon entering it. There is consensus among the scholars that touching (kissing) the Black Stone is sunnah.

After that, one must make Sa’i and for this purpose go to mount Safa. climb it, face the Ka’bah and make supplications three times to Allah. Then. one must climb down and walk toward Marwah, while jogging in the marked area called bainal milain between Safa and Marwah every time one passes this area during the seven rounds not just in the first three rounds as in Tawaf. On reaching Marwah one should climb it just as one climbed Safa, make supplications, and make remembrance.

Completion of all these rites will complete one’s ‘Umrah. Now one should either shave one’s head or clip some of one’s hair to get out of the state of ihram. This is precisely what the Companions of the Prophet (peace be upon him) did when the Prophet (peace be upon him) commanded them to change their Hajj to ‘Umrah. As for the pilgrim who is combining Hajj and ‘Umrah, he must not shave or clip his hair, but should remain in his state of ihram.

On the 8th of Zhul-Hij jah. those who had put off their ihram after making ‘Umrah, should again put on ihram to perform pilgrimage, and then head to Mina with those who combine Hajj and ‘Umrah. It is sunnah to offer the five daily prayers in Mina and to spend the night of the 9th of Zhul-Hijjah there.

It is also sunnah not to leave Mina for ‘Arafah until after the sunrise, and not to enter ‘Arafah until the sun begins to decline, and after ot’fering both Zuhr and ‘Asr prayers, which the Prophet (peace be upon him) offered at Namira which is not a part of ‘Arafah. The Prophet (peace be upon him) did not enter his quarters at ‘Arafah until after otfering Zuhr and ‘Asr prayers. Moreover, it is also sunnah of the Prophet (peace be upon him) to offer some supererogatory (nawafil) prayers in between these two prayers.

The imam should give a sermon before the prayer, which is one of the sunnah sermons in pilgrimage. The second sermon is given by the imam on the 7th of Zhul-Hijjah after Zuhr prayer in the Ka’bah. The third of these sunnah sermons is delivered on the 10th of Zhul-Hijjah, the day of slaughtering. And the fourth sermon is given on the day the people leave (yawm an-nafr)--the 11th day of Zhul-Hijjah.

This hadith also contains some important manners and etiquette for performing Hajj and ‘Umrah:
-2- It is better to spend the time at ‘Arafah riding one’s mount.

-3- It is better to stand by the rocks or close to them as the Prophet (peace be upon him) did.

-4- One should face Qiblah while in ‘Arafah.

-5- One must stay at one’s quarters in ‘Arafah until sunset.

-6- One should make supplications to Allah, raising one’s hands to one’s chest, and after the sunset calmly and quietly leave ‘Arafah. And if one is in a leading position one should ask others to do likewise.

-7- Upon arriving at Al-Muzdalifah, one should combine Maghrib and ‘Isha prayers with one azhan and two iqamahs.

-8- One may not offer any nawafil prayers in between these two prayers. There is consensus among Muslim scholars about combining these two prayers. They differ, however, concerning the reason for it. Some claim that it is a part of the rites of the Hajj, while others say it is a permission granted to them, because they are traveling.

-9- Spending the night at Al-Muzdalifah is also sunnah. All scholars agree that it is part of the Hajj rites. They do, however, differ on whether spending the night there is obligatory or sunnah.

-10- It is also sunnah to offer Fajr prayer at Al-Muzdalifah, and then depart from it for Al-Mash’ar Al-Haram to stop there and make supplications. Stopping there is a part of the Hajj rite.

-11- It is sunnah to leave Al-Mash ‘ar Al-Haram when dawn is well advanced and go to the bottom of Mohassir valley. When in this valley one should walk fast because this is the place where Allah’s wrath descended upon the Companions of the Elephant.

-12- On reaching the jamarah--jamarah al ‘aqabah--one should throw seven pebbles at it, and with each throw say Allahu Akbar. The pebbles should be no more than the size of a cereal seed (beans).

-13- After this one should offer his sacrifice, if one has one, slaughtering it with one’s own hands. After slaughtering one may shave one’s head.

-14- Now one must go to Makkah to perform Tawaf ifadah also known as Tawaf az-ziyarah or circumambulation of visit.

One is thereafter permitted to engage in any lawful activity that was unlawful for him while in the state of ihram, including sexual intercourse with one’s wife. A person who has thrown pebbles at Jamarah al- ‘Aqabah, but has not performed the circumambulation of if adah (or ziyarah) may engage in any lawful activity except sexual intercourse with his wife.

That is the guidance of the Prophet (peace be upon him) concerning Hajj.

It explains what he meant when, according to a hadith, he said:
“Take your rites from me,”

…for his Hajj alone is the real and true Hajj.

In the following pages we will deal in detail with all these rites, and the opinions of various scholars concerning them.


Fiqh us-Sunnah - Hajj 2013_110
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أحمد محمد لبن Ahmad.M.Lbn
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أحمد محمد لبن Ahmad.M.Lbn

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مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty31/07/18, 10:19 pm

Chapter Four
Mawaqit:
Fixed Times And Places For Ihram
Fixed Times:
This refers to the specific period of time when the rites of Hajj have to be performed to be valid.

This is clear from the words of Allah:
“They Ask You Concerning The New Moons. Say: They Are But Signs To Mark Fixed Periods Of Time (In The Affairs Of) Men, And For Hajj”

and
“For Hajj are the months well-known.” (Qur’an 2.197)

The Muslim scholars are agreed that the months of Hajj are the months of Shawwal and Dhul-Qui’dah. They differ about the month of Dhul-Hijjah, whether only the first ten days of it are included in the months of Hajj or the entire month. Ibn ‘Umar, Ibn ‘Abbas, Ibn Mas’ud, the Hanafi and Shafi’i school, and Ahmad are of the opinion that only its first ten days are included in the months of Hajj, while Malik holds the entire month of DhulHijjah as one of the Hajj months. Ibn Hazm supports Malik’s opinion, saying that the words, “For Hajj are the months well-known,” does not mean two months and a part of other months.

Similarly we know that of the rites of Hajj, the throwing of pebbles at jamarah takes place on the 13th of Dhul-Hijjah, while the scholars agree that the circumambulation of Ifadah, which is one of the essential rites of Hajj, may be performed anytime in the month of Dhul-Hijjah. There is no disagreement on this point. It is, therefore, quite correct to say that all three months are the months of Hajj.

The effects of disagreement are apparent mainly in the rites performed after slaughtering the sacrificial animal. Those who consider the entire month of Dhul-Hijjah a Hajj month, hold there is no penalty for delay in slaughtering an animal. On the other hand, those who hold that only its first ten days are included in the period of Hajj are of the opinion that such a person must offer a penalty and offer a sacrifice for delay.

Putting on Ihram Before the Months of Hajj:
Ibn ‘Abbas, Ibn ‘Umar, Jabir and Ash-Shafi’i are of the opinion that donning the garb of ihram for Hajj is not valid outside its months. (Anyone putting on ihram before the months of Hajj may, however, perform ‘Umrah, but tbis cannot be a substitute for his ihram for Hajj)

Ibn ‘Umar said,
“The months of Hajj are Shawwal, Dhul-Qui’dah and ten days of Dhul-Hijjah.”

Ibn ‘Abbas said:
“The sunnah is to declare one’s intention and to put on ihram with the intention of performing Hajj during the months of Hajj.” (Bukhari)

Ibn Jarir reported from Ibn ‘Abbas that he said:
“To put on ihram for Hajj is not valid except in the months of Hajj.”

The Hanafites, Malik, and Ahmad are of the opinion that to put on ihram for Hajj before its months is permissible but disliked. Ash-Shawkani, however, preferred the first opinion. He observes: “Allah, the Exalted One, has named specific months for Hajj rites, of which ihram is one. So whosoever claims that it is permissible to put on ihram even before these months must produce evidence to support his claim.”

Fixed Places for Putting on Ihram:
Mawaqit of place are the specific places where a pilgrim or a person intending to visit Makkah for ‘Umrah or Hajj must declare his intention to do so and put on ihram, the pilgrim garb. Anyone intending to perform Hajj or ‘Umrah must not pass beyond these places without ihram.

The Prophet (peace be upon him) himself specified these places:
For the people of Madinah the miqat (singular of mawaqit) is Dhal-Halaifah, a place 450 kilometres to the north of Makkah, from where they must declare their intention and don the ihram, the Hajj garb. For those coming from Syria, Jordan, Palestine and Lebanon, the miqat is Al-Juhfah, a place 187 kilometres to the north-west of Makkah, and close to Rabigh, which is 204 kilometres from Makkah. Rabigh became the miqat for the people coming from Syria and Egypt, after the settlement of Al-Juhfah disappeared completely.

The miqat for people of Najd is Qarn al Manazil, a mountain 94 kilometres to the east of Makkah, overlooking ‘Arafah.

Yalamlam, a mountain 54 kilometres to the south of Makkah is the miqat for those coming from Yemen. Here they must declare their intention and put on ihram.

For the people of Iraq, the miqat is Dhat Irq, a place 94 kilometres to the north-east of Makkah. These places were fixed by the Prophet (peace be upon him) himself for all those who pass by them whether they come from these specific areas or some other areas.

The Prophet (peace be upon him) said:
“These places are for the people (coming from the above specified countries) as well as for others who pass by them on their way to perform Hajj or ‘Umrah.”

For a person who is present in Makkah and intends to perform Hajj, like the residents of Makkah, his miqat would be the place where he is staying in Makkah. However, if such a one intended to perform ‘Umrah, then he should go to Al-Khol or At-Tan’im, for that is his miqat for ‘Umrah. He should go there and make his ihram for ‘Umrah.

A person who is a resident in an area between the miqat and Makkah, he may make his ihram from his house.

Ibn Hazm said:
“A person travelling by land or sea (to Makkah for Hajj or ‘Umrah) who does not pass by any of these places may make his ihram from any place he likes.”

Declaring Ihram Before Reaching the Miqat:
Ibn al-Mundhir says:
“There is consensus among the scholars that a person who declares his intention to perform Hajj or ‘Umrah and puts on his ihram before reaching the miqat does enter the state of ihram. But is it undesirable to do so? Some say it is, in light of the saying of the Companions that the Prophet (peace be upon him) himself fixed Dhul Hulaifah as miqat for the people of Madinah which means that (an intending pilgrim) should make his ihram from these specified places, without any addition or deletion from the rule. But if addition is not prohibited, then at least the best course would be not to do it (i.e. not make ihram before reaching the fixed place).”


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أحمد محمد لبن Ahmad.M.Lbn
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Chapter Five: Ihram
Definition:
Ihram is the intention to perform either Hajj or ‘Umrah, or to make intention of performing both. Intention is an important element of both.

Allah says:
“And they have been commanded no more than this: to worship Allah, offering Him sincere devotion.” (Qur’an 98.5)

The Prophet (peace be upon him) said:
“The actions will be rewarded according to the intentions behind them, and every person will have what he had intended.”

We have dealt with the subject of intention in Fiqh us-Sunnah, Vol.1 (See the chapter on Wudu in Fiqh us-Sunnah vol. 1). The human heart is its seat. Al-Kamal bin al-Homam reported, “We are unaware of anyone among the narrators reporting about the rites performed by the Prophet (peace be upon him) and saying that he (the Prophet) declared his intention to perform Hajj or ‘Umrah aloud saying, “I have made the intention to make ‘Umrah or Hajj.”

Etiquette of Ihram
There are certain etiquette which one must observe while in a state of ihram.
1) Cleanliness:
This means clipping one’s fingernails, trimming the moustache, shaving off the hair from under the armpits, shaving the pubic hair, making an ablution or preferably taking a complete bath, and in the case of men, to comb their beard and hair.

Ibn ‘Umar said:
“It is sunnah for a pilgrim to take a complete bath before entering the state of ihram or before entering Makkah.”

This is reported by Al-Bazzar, Ad-Daraqutni, Al-Hakim, who considers it a sound hadith.

It is reported from Ibn ‘Abbas that Allah’s Messenger (peace be upon him) said:
“A woman in the state of confinement after childbirth and one in her menstruation period must take a complete bath, declare her ihram, and perform all the rites except circumambulation around the Ka’bah, which she may perform after she is in a state of purification.” (Ahmad, Ahu Dawud, and Tirmidhi who considers this hadith sound)

2) Taking off all sewn clothes and putting on the Hajj garb:
This consists of two sheets of cloth. One of these is wrapped round the upper part of the body, except the head, and the other (izar) is wrapped round the lower part of the body. Both of these sheets should be white as this color is the best color in the sight of Allah.

Ibn ‘Abbas said:
“Allah’s Messenger (peace be upon him) combed his hair, wore some perfume, put on his Hajj garb, along with his Companions, and then he set out from Madinah accompanied by them.” (Reported by Bukhari)

3) Wearing Some Perfume:
The perfume may be used on the body as well as the Hajj garb, even if it should continue to smell afterwards.

‘Aishah said:
“It is as if I can still (in retrospection) see the traces of perfume glittering on the Prophet’s head while he was in the state of ihram.” (Reported by Bukhari and Muslim)

She also reported:
“I used to apply perfume to the Prophet (peace be upon him) before he wore his Hajj garb, and again when he ended his state of ihram, but before he had made Tawaf around the Ka’bah.” (Bukhari and Muslim)

In another report transmitted by Ahmad and Abu Daw’ ud, ‘Aishah said:
“We used to go to Makkah with Allah’s Messenger (peace be upon him), and when we wore our Hajj garb we used to sprinkle musk on our foreheads. And if one of us was sweating or perspiring it would run down her face. The Prophet (peace be upon him) would notice this but did not prohibit its use.”

4) Praying Two Rak’ahs:
With these, one should make one’s intention to assume the state of ihram. In the first rak’ah one should recite Surah Al-Kafirun, and recite Surah Al-Ikhlas in the second rak’ah after the recitation of Surah Al-Fatihah.

Ibn ‘Umar reported:
“The Prophet (peace be upon him) used to offer two rak’ahs at Dhul-Hulaifah. If, however, one offered a prescribed prayer at that time it will suffice him, just as a prescribed prayer suffices and replaces a prayer of salutations to the mosque.”

Kinds of Ihram:
Ihram is of three kinds:
1. Qiran (combining both ‘Umrah and Hajj).
2. Tamattu’ (combining both Hajj and ‘Umrah with a break in between), and
3. Ifrad (Hajj only).

There is consensus among scholars that all these three kinds are legitimate.

 ‘Aishah reported:
“We left (Madinah) with Allah’s Messenger (peace be upon him) to perform the Farewell Hajj. Some of us declared ihram to perlorm ‘Umrah, while others declared their intentions to perform both Hajj and ‘Umrah. Yet others declared their ihram to perform Hajj only. The Prophet (peace be upon him) declared ihram for Hajj only.

As for those who intended ‘Umrah, they terminated their ihram as soon as they finished the rituals of ‘Umrah. Those who intended to combine Hajj with ‘Umrah or those who intended to perform Hajj only, they did not terminate their ihram until the Slaughtering Day (Yawm un-Nahr), the 10th of Dhul-Hijjah.” (Reported by Ahmad, Bukhan, Muslim and Malik)

Qiran - Combining Hajj and ‘Umrah:
In it a pilgrim declares his intention to perform both Hajj and ‘Umrah together, and says when doing talbiyah, “O Allah, I answer your call to perform Hajj and ‘Umrah.” Such a pilgrim is required to remain in the state of ihram until he has performed all the rites of ‘Umrah and Hajj. Or, for this kind of ihram, a pilgrim may declare his intention to perform ‘Umrah and later, before making the Tawaf around Ka’bah, make his intention to perform Hajj as well.

Tamattu’ - Combining ‘Umrah and Hajj With a Break in Between:
Tamattu’ means performing ‘Umrah during the Hajj season, and then subsequently making Hajj the same year. It is called tamattu’ (or enjoyment) due to the fact that a pilgrim has the added advantage of performing Hajj and ‘Umrah in the same journey without having to go back home, and also because such a pilgrim after the ‘Umrah, enjoys normal life; he can wear his usual clothes, apply perfume, and do other things until the time he once again puts on his Hajj garb for the Hajj.

Anyone intending to make a tamattu’ should on approaching the miqat, first make intention for ‘Umrah. While uttering talbiyah he should say: Labbaik bil ‘Umrah. “O Allah, I answer Your call to perform ‘Umrah.” Such a pilgrim should keep on his or her Hajj garb until he circumambulates around the Ka’bah, walks between Safa and Marwah, then clips his hair or shaves it. After that he may put away his Hajj garb and wear his usual clothes. He may do everything that is permissible but was prohibited for him in the state of ihram. On the 8th of Dhul-Hijjah, such a person must declare his or her intention to perform Hajj and put on ihram from Makkah.

The author of Al-Fath says:
“The majority of the scholars agree that Tamattu’ means a pilgrim may combine Hajj with ‘Umrah during the months of the Hajj and in the same journey, and that when he performs ‘Umrah he should be present in Makkah. In the absence of any of these conditions he may not perform Hajj tamattu’.”

Ifrad (Or Hajj only):
Ifrad means a pilgrim intending to perform Hajj only should, while at the miqat, make intention for Hajj only. While making talbiyah he or she should say, Labbaik bihajj “(O Allah, I answer your call to perform Hajj),” and must keep his or her Hajj garb until all the rites of Hajj are completed. Then, if such a pilgrim desires, he or she may perform an ‘Umrah.

Which of the Above Kinds of Hajj and Umrah Combination is the Best:
The scholars disagree as to which of these is the best kind. The Shafi’i school holds that ifrad and tamattu’ are superior to qiran, because in either of the former two kinds a pilgrim has the opportunity to perform complete rites of Hajj and of ‘Umrah. On the other hand, a qarin (one who undertakes a qiran Hajj) is able to perform Hajj only.

As to which of the two - tamattu’ or ifrad - is better, there are two opinions. One group of scholars holds tamattu’ as superior to ifrad, while the others hold ifrad is better.

The Hanafi school holds that qiran is better than tamattu’ and ifrad, and that tamattu’ is better than ifrad. The Maliki school holds that ifrad (Hajj only) is better than tamattu’ and qiran. The Hanbali scholars, on the other hand, are of the view that tamattu’ (combining Hajj and ‘Umrah with a break in between), is better than the qiran and ifrad. This is comparatively easy and the people can perform it comfortably. In fact, this is what the Prophet (peace be upon him) performed himself and commanded his Companions to do likewise.

‘Ata said,
“I heard Jabir ibn Abdullah saying, ‘We (the Companions) declared our intention to perform Hajj only. On the 4th of Dhul-Hijjah the Prophet (peace be upon him) commanded us to terminate our state of ihram, saying, “Terminate your state of ihram and go to your wives.” He did not, however, oblige us to do so but he permitted us. We said: ‘There are only five days left to the Day of ‘Arafah. Shall we go to ‘Arafah while semen is dribbling from our male organs?” The Prophet (peace be upon him) stood up and said: “You know that I fear Allah the most, and that I am the most truthful, and the most pious amongst you. If I had not brought my sacrificial animals with me, I also would have terminated my state of ihram. If I were to again come (to Makkah), I shall not bring the sacrificial animals with me. So terminate your state of ihram.” At this we terminated our state of ihram; we listened to and obeyed (the Prophet).” This was reported by Muslim.

Putting on Ihram Without Specifying Its Kind:
If a person puts on ihram with the intention of performing whatever Allah has prescribed for him without specifying any of the above three kinds due to lack of knowledge. his ihram would be quite lawful and valid.

The scholars said:
“If such a person utters talbiyah like others with the intention of performing the rituals (of Hajj), but says nothing in words, nor makes an intention in his heart, nor specifies whether it is tamattu’, ifrad, or qiran Hajj that he intends, his pilgrimage would still be valid, and he will be reckoned to have made one of the three kinds of Hajj.”

Tawaf and Sa’i for those Performing Qiran and Tamattu’ - The People Living Within the Sacred Precincts of Ka’bah May Perform Ifrad (Hajj only):
Ibn ‘Abbas was once asked about the break between ‘Umrah and Hajj to which he replied:
“The Muhajirun (immigrants from Makkah), the Ansar (people of Madinah), and the wives of the Prophet (peace be upon him) declared their intention to perform the Farewell Hajj. So we also declared our intention to do the same. Upon arrival in Makkah, the Prophet (peace be upon him) said: “Make your declaration of intention for ‘Umrah only, except for those who have already designated their sacrificial animals, and brought them along with them.” We made Tawaf of Ka’bah, walked seven times between Safa and Marwah. Then we consorted with our wives and wore our regular clothes. The Prophet (peace be upon him) further told us: “Those who have garlanded (i.e., marked) their sacrificial animals, they must not break their state of ihram until the animal reaches the slaughter house to be offered in sacrifice. Then we were commanded by the Prophet (peace be upon him) to declare our intention for Hajj on the night of the 8th of Dhul-Hijjah. After completing all the rites of Hajj, we went and circumambulated around the Kabbah, walked between Safa and Marwah, and thus we completed Hajj and we offered the sacrifice as Allah says,

“If anyone wishes to continue the ‘Umrah onto the Hajj, he must make an offering such as he can afford, but if he cannot afford it, he should fast three days during the Hajj and seven days on his return ... (to his country).” (Qur’an 2.196)

Offering a sheep in sacrifice is enough for this purpose. These Companions of the Prophet (peace be upon him) combined two worships in one year: Hajj and ‘Umrah. Allah has mentioned it in His Book and (reinforced it) by the practice of His Prophet (peace be upon him), making it permissible for all people, excepting the residents of Makkah.

Allah says:
“This is for those whose household is not in (the precincts of) the Sacred Mosque.” (Qur’an 2.136)

The Hajj months referred to are Shawwal, Dhul-Qa’dah and Dhul-Hijjah. So whosoever combines an ‘Umrah and Hajj during these months has to offer a sacrifice, or observe fast.” (Bukhari)

This hadith proves that the residents of Makkah can neither perform qiran nor tamattu’. They may perform if rad only--a single Hajj or a single ‘Umrah. This is the opinion of Ibn ‘Abbas, and Abu Hanifah in the light of Allah’ s words,

“This is for those whose household is (in the precincts of) the Sacred Mosque.”

There is disagreement among scholars concerning “those whose household is (in the precincts) of the Sacred Mosque.” Malik holds that they are the people of Makkah. Al-A’raj agrees with this view and also At-Tahawi who preferred this view. Ibn ‘Abbas, Taw’us, and another group are of the opinion that it is the people living within the sacred precincts of Haram, which according to Al-Hafiz, is quite apparent. Ash-Shafi’i holds that any one living around Makkah at a distance not more than that at which one is permitted to shorten regular prayers is a resident of Makkah. Ibn Jarir agrees and prefers this view. The Hanafi scholars hold that all those living within or at the miqat are residents of Makkah. In this regard, the place of residence and not the place of birth of a person is taken into account.

The above hadith also indicates that a person who performs Hajj tamattu’ must first make a tawaf of Ka’bah and Sa’i between Safa and Marwah. This will suffice him for tawaful qudum (circumambulation of arrival) which is performed as a greeting to the Sacred Mosque upon arrival there. Then, after the Day of ‘Arafah, such a person shall make another tawaf, tawaf ifada. and perform another Sa’i between Safa and Marwah.

As for the qarin, the pilgrim who combines ‘Umrah and Hajj and remains in a state of ihram after the first ‘Umrah, the scholars are of the opinion that he needs to perform only one tawaf (seven circumambulations around Ka’bah) and one Sa’i (seven rounds between Safa and Marwah) for both the Hajj and ‘Umrah. The case of such a person is very much similar to the pilgrim who performs ifrad (Hajj only).

1. Jabir reported:
“The Prophet (peace be upon him) combined Hajj and ‘Umrah, with one tawaf.”

This is transmitted by Tirmidhi, who considers it a sound hadith.

2. Ibn ‘Umar reported that the Prophet (peace be upon him) said:
“He who declared his intention to perform Hajj and ‘Umrah together, may perform one tawafand one Sa’i for them.”

This is reported by Tirmidhi, with the remarks that this is a hasan gharib hadith. Ad-Daraqutni has also reported it, but he adds: “One must not terminate one’s state of ihram until one has completed both (the Hajj as well as ‘Umrah).”

3. The Prophet (peace be upon him) told ‘Aishah:
“Your tawaf of the Ka’bah and Sa’i between Safa and Marwah will suffice you for both Hajj and ‘Umrah. This is reported by Muslim.

Abu Hanifah, however, is of the view that in such a case (i.e., combining Hajj and ‘Umrah) lawaf and Sa’i must be performed twice. The first hadith is preferable considering its authenticity and strength of evidence.

4. A hadith says that a pilgrim who combines Hajj and ‘Umrah, with a break in between (as in tamattu’) or without a break (as in qiran) must sacrifice at least a sheep. And if one cannot afford the sacrifice he should fast three days during Hajj and another seven days after returning home. It is preferable for such a person to fast three days during the ten days of Dhul-Hijjah before the Day of ‘Arafah. Some scholars such as Taw’us and Mujahid, however, hold that such a pilgrim may fast at the beginning of the month of Shawwal. Ibn ‘Umar, on the other hand, is of the opinion that such a pilgrim may fast a day before the 8th, and the 8th as well as 9th of Dhul-Hijjah (Day of ‘Arafah). If such a pilgrim failed to fast these three days, or fasted some of them before ‘Eid, then he may observe fast during the tashriq days (i.e., the I Ith, 12th and 13th of Dhul-Hijjah).

This is based on a report from ‘Aishah and Ibn ‘Umar who said:
“Fasting is not permitted on the 11 th, 12th and 13th of DhulHijjah except for those who are obligated to fast because they cannot afford the sacrifice.”

This is reported by Bukhari. If one fails to fast these three days during Hajj, then one must make them up later.

As for the seven days of fasting, according to some scholars, one may fast them upon arriving at his home town. Others, like Mujahid and ‘Ata, say one may do so after arriving at one’s stopover. According to them one may fast these seven days on the way back home. These ten days of fasting do not necessarily have to be fasted consecutively.

Once a person makes intention (for Hajj or ‘Umrah) and dons the ihram, he must make talbiyah.


Fiqh us-Sunnah - Hajj 2013_110
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أحمد محمد لبن Ahmad.M.Lbn
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أحمد محمد لبن Ahmad.M.Lbn

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مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty31/07/18, 10:47 pm

Chapter Six:
Talbiyah
Its Legality:
There is consensus among the scholars that talbiyah is a prescribed practice.

Umm Salamah reported:
“I heard Allah’s Messenger (peace be upon him) saying: “O Family of Muhammad! Whoso among you intends to perform Hajj must raise his voice while uttering talbiyah.” This is reported by Ahmad and Ibn Hibban.

The scholars disagree, however, on its legal status, timing, and the position of one who delays it. Ash-Shafi’i and Ahmad hold that it is sunnah of the Prophet (peace be upon him); it is desirable to utter it when putting on the garb of ihram. Thus, if a person intended to perform Hajj but did not utter talbiyah, his Hajj would still be valid, and he is not required to do anything, because according to them, such a person enters the state of ihram just by making intention to perform Hajj.

Hanafi scholars hold that talbiyah or any substitute for it - such as containing praise or glorification of Allah. and bringing an animal for sacrifice -is a requisite condition for the validity of ihram. If someone puts on the garb of ihram without uttering talbiyah or glorifying Allah or bringing a sacrificial animal, his ihram is not valid, because ihram, according to them, is a combination of intention and one of the rites of Hajj. Thus, if one declares his intention for ihram and performs any of the rites of Hajj, for example if he glorifies Allah or declares, “There is no deity worthy of worship but Allah alone,” or if he brought his sacrificial animal along with him but did not utter talbiyah, his ihram will be valid but he will be required to sacrifice an animal as a penalty for failing to do so.

According to the well-known position of Imam Malik, uttering talbiyah is obligatory and in cases where one fails to do so or does not utter it upon donning the garb of ihram but utters it later on, one must slaughter an animal in atonement.

Words of Talbiyah:
Malik reported from Nafi’ that Ibn ‘Umar said:
“The Prophet (peace be upon him) made his talbiyah in these words: ‘Lab-baika Allahumma Lab-baik. Lab-baika la-Sharika laka lab-baik. In-nal Hamda wan-ni ‘mata laka wal mulk. La Sharika lak (Here I am at Your service, O Allah! You have no partner, Here I am at Your service, O Allah. Verily, all the praise, the grace belong to You, and the kingdom. You have no partner)’”

Nafi’ said that Ibn ‘Umar used to add,
“I am at Your service, I am at Your service. I am at Your service and at Your call. All good is in Your hands, I am at Your service. Our desire is for You, and also our deeds.”

The scholars, however, prefer to restrict the words of talbiyah to the words used by the Prophet (peace be upon him), and there is disagreement among them concerning any addition to them. The majority, however, holds that there is no harm in adding other words to them as Ibn ‘Umar and other Companions of the Prophet (peace be upon him) did. The Prophet (peace be upon him) heard them and did not say anything to them.(Reported by Abu Da’wud and Al-Baihaqi) Malik and Abu Yusuf disliked adding to the talbiyah of the Prophet (peace be upon him).

Excellence of Talbiyah:
Jabir reported that the Prophet (peace be upon him) said:
“Whosoever makes intention to perform Hajj and pronounces talbiyah all day until sunset, Allah the Almighty will forgive his sins, and he will be free of sin as he was the day his mother gave birth to him.” (Ibn Majah)

Abu Hurairah reported that the Prophet (peace be upon him) said:
“He who declares, ‘There is no God but Allah’ will get the good news of reward (for him), and he who magnifies Allah (or, says Allahu Akbar - Allah is the greatest) will receive the good news of reward (for him).” They asked: “O Prophet of Allah, is it the (good news of) Paradise?” He replied, “Yes.” (Narrated by At-Tabarani and Sa’id bin Mansur)

Sahl ibn Sa’ad reported that the Prophet (peace be upon him) said:
“When any Muslim utters talbiyah, everything - every stone or every tree or every pebble - on his right side and on his left side responds with a (similar) talbiyah, until the whole earth resounds with it.” (Reported by Ibn Majah, Al-Baihaqi, Tirmidhi, Al-Hakim, who considers it a sound hadith)

Uttering Talbiyah Aloud is Encouraged:
Zaid ibn Khalid reported that the Prophet (peace be upon him) said:
“Gabriel (peace be upon him) came to me and told me: ‘Command your Companions to raise their voices when saying talbiyah, because it is one of the rituals of Hajj.”

This is reported by Ibn Majah, Ahmad, Ibn Khuzaimah and Al-Hakim, who regards it a sound hadith.

Abu Bakr reported that the Prophet (peace be upon him) was asked:
“Which Hajj is the best Hajj?” He replied: “One in which voices are raised when saying talbiyah and a sacrifice is offered.” (Reported by Tirmidhi and Ibn Majah)

Abu Hazim said: “When the Companions put on ihram their voices would become hoarse even before they reached Makkah.”

In the light of these ahadith the majority of scholars prefers that the pilgrims raise their voices when saying talbiyah.

Malik holds that one must not raise one’s voice in saying talbiyah while inside a congregational mosque. One may, however, say it loud enough for oneself or for those around to hear it, except in the Sacred Mosque and the Mosque of Mina. In these two one should raise one’s voice when saying talbiyah. This applies to male pilgrims only.

As for women, they may raise their voices when saying talbiyah so that they themselves or those around them can hear it. To raise their voices above that is disliked for them. ‘Ata said: “Men must raise their voices (when saying talbiyah), but a woman should raise her voice so as to hear it herself, but she should not raise her voice more than that.”

Places Where Talbiyah is Encouraged:
Saying talbiyah is desirable in the following places and times: when mounting one’ s mount (or any means of transportation), on arriving at a place, on going up a hill or down into a valley, on meeting another group of people, at the end of every prayer, and early in the morning. Ash-Shafi’i said: “We love to say it at all times.”

Timings of Talbiyah:
A pilgrim should begin his talbiyah from the time he wears his ihram and continue it until throwing the first pebble at the Aqabah Jamarah on the 10th of Dhul-Hijjah, the Day of Nahr (sacrifice). Then he should stop saying talbiyah, as the Prophet (peace be upon him) did, according to a hadith transmitted by the Group. Ath-Thawri, the Hanafi school, Ash-Shafi’i, and the majority of scholars also hold this view. Ahmad and Ishaq, however, are of the view that a pilgrim must continue talbiyah until he has stoned all the three jamarahs. After that he may stop saying talbiyah. Malik holds that a pilgrim must continue talbiyah until the end of the Day of ‘Arafah (the 9th of Dhul-Hijjah). This applies only to those performing Hajj.

As for those performing ‘Umrah, they may discontinue talbiyah after kissing the Black Stone and starting their tawaf. Ibn ‘Abbas reports that the Prophet (peace be upon him) used to discontinue talbiyah after kissing the Black Stone (at the start of his tawaf). (Reported by Tirmidhi who considers it a sound hadith. When a person puts on ihram from a miqat he should discontinue ralbiyah on entering the Haram (Sacred Mosque). And those who put on ihram from Ju’rana or Tan’im, they should discontinue it on reaching the houses of Makkah) In practice, most of the scholars follow this hadith.

Desirability of Invoking Blessings on the Prophet (Peace be Upon Him) and Making Supplications:
Al-Qasim ibn Muhammad ibn Abu Bakr said: “It is commendable for a pilgrim to send greetings and blessings on the Prophet (peace be upon him) after saying talbiyah.”

The Prophet (peace be upon him) used to seek Allah’s forgiveness, pleasure, and protection from men after having said his talbiyah. (Reported by At-Tabarani and others)


Fiqh us-Sunnah - Hajj 2013_110
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أحمد محمد لبن Ahmad.M.Lbn

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مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty31/07/18, 11:02 pm

Chapter Seven:
What Is Permitted To A Muhrim
Taking a Bath, and Changing Clothes:
Ibrahim An-Nakh’i said: “Whenever our companions approached the well of Maimun, they would take a bath and then put on their best clothes.”

It is said that Ibn ‘Abbas entered a public bath at Al-Johfah (to take a bath), while he was in the state of ihram.

He was asked:
“How do you do so while in the state of ihram?” He replied: “Allah does not need any of our dirt and filth!”

Jabir said:
“A person in the state of ihram may take a bath and wash his garb.”

Abdullah ibn Hunain reported:
“Ibn ‘Abbas and Al-Musawir ibn Makhramah were at Al-Abwa when they disagreed on whether a person in the state of ihram can wash his head. Ibn ‘Abbas said: ‘A person in the state of ihram is permitted to wash his head.’ Al-Musawir differed and said that a muhrim is not allowed to wash his head. At this Ibn ‘Abbas sent me to Abu Ayyub Al-Ansari. I found him bathing between the two wooden posts (of the well) and was screened with a sheet of cloth.

“I greeted him and he asked who I was. I replied, ‘I am Abdullah ibn Hunain and I have been sent to you by Ibn ‘Abbas to ask you how Allah’s Messenger (peace be upon him) used to bathe while in the state of ihram. At this Abu Ayub Al-Ansari caught hold of the sheet of cloth and lowered it till his head appeared before me, and then told somebody to pour water on his head. He poured water on his head, and he (Abu Ayub Al-Ansari) rubbed his head with his hands by bringing them from back to front and from front to back and said, ‘I saw the Prophet (peace be upon him) doing this.”’ This is reported by the Group except Tirmidhi. Bukhari added: “Then I came back and told them. And Al-Musawir said to Ibn ‘Abbas: ‘I will never again argue with you.”’

Ash-Shawkani said:
“This hadith shows that a muhrim is permitted to take a bath while in the state of ihram and may even cover his head with his hand while doing so.”

Ibn al-Mundhir said:
“There is consensus that a muhrim may take a bath when in a state of janabah (major impurity). There is disagreement, however, concerning bathing in other cases.”

Malik reported from Nafi’ that Ibn ‘Umar did not wash his head while in the state of ihram except when he had a wet dream. It is reported that Malik disliked that one should immerse one’s head in water while in the state of ihram.

Using soap or any other cleaning agent is permissible. Ash-Shafi’i and Hanbali schools hold one may use perfumed soap for bathing, and similarly women are permitted to undo their hair and comb it, because the Prophet (peace be upon him) ordered

‘Aishah, saying:
“Undo your hair, and comb it.” (Muslim)

An-Nawawi said:
“It is permitted to undo the hair and comb it while in the state of ihram provided that no hair is pulled out. Combing, however, is disliked unless there is some genuine reason for it. One may also carry one’s belongings on one’s head.”

Wearing a Short Underpants (short underwear):
Sa’id ibn Mansur reported from ‘Aishah that she held that a muhrim may wear underpants. Al Hafiz remarked: “This is an opinion of ‘Aishah, but the majority of scholars hold wearing underpants is forbidden for a muhrim, because it is similar to wearing trousers which are forbidden for a muhrim.” (Fat-h al-Baari)

Covering the Face:
Ash-Shafi’i and Sa’id bin Mansur reported from Al-Qasim that he said: “Uthman ibn ‘Affan, Zaid ibn Thabit, and Marwan ibn Al-Hakam used to cover their faces while in the state of ihram.” Taawus said: “A person in the state of ihram may cover his face if there is dust or ashes.” Mujahid said: “If there was a sandstorm they covered their faces while in the state of ihram.”

Women are Allowed to Wear Shoes:
Abu Daw’ud and Ash-Shafi’i reported on the authority of ‘Aishah that Allah’s Messenger (peace be upon him) permitted women to wear their shoes while in the state of ihram.

Covering the Head by Mistake:
The Shafi’i school holds that there is no harm if a pilgrim forgot and covered his head or wore a shirt in a state of forgetfulness. ‘Ata said: “There is no blame on such a person, but he should seek forgiveness of Allah.” The Hanafi school says that such a person will have to redeem himself (by offering a sacrifice). There is also disagreement on using perfume by mistake or unknowingly.

The Shafi’i school holds:
“Ignorance and forgetfulness constitute an excuse enough to remove the need for redemption for doing something forbidden, unless it is something that involves damage such as hunting, shaving, and clipping nails.” This is the correct position according to them. We will deal with it at its proper place.

Cupping, Opening an Abscess, Pulling a Tooth or Cutting a Vein:
It is substantiated that Allah’s Messenger cupped himself in the middle of his head while he was in a state of ihram. Malik said: “There is no blame upon a muhrim if in case of need, he opens an abscess, wraps a wound or severs a vein.”

Ibn ‘Abbas said:
“A person in the state of ihram may pull his tooth or open an abscess.”
An-Nawawi said:
“If a muhrim wants cupping without any reason, and it necessitates cutting hair, then it is unlawful to do so. But if it does not necessitate cutting hair, the majority of scholars hold it permissible.” Malik, however, hold that it is disliked. Al-Hasan is of the opinion that one must sacrifice an animal if one does so, even if it does not involve cutting any hair. But if it is done because of a need, then it is permissible, but one will have to pay a ransom to redeem oneself. Zahiri school holds that an atonement is required only for cutting hair from the head.

Itching in the Head and Body:
‘Aishah was asked about a pilgrim who has itching in his or her body.

She said:
“Yes, he or she may scratch as strongly as he or she likes.”

This hadith is reported by Bukhari, Muslim and Malik, who added:
“If both of my hands were tied, and only my leg was free, I would use it to scratch myself.”

The same was reported from Ibn ‘Abbas, Jabir, Sa’id ibn Jubair, ‘Ata and Ibrahim An-Nakh’i.

Looking in the Mirror and Smelling Sweet Basil:
Ibn ‘Abbas said:
“A person in a state of ihram is permitted to smell sweet basil, look in a mirror, and cure himself by eating butter and oils.” ‘Umar bin Abdul ‘Aziz used to look in the mirror and use the tooth stick (siwak) while in a state of ihram.

Ibn Al-Mundhir said:
“There is consensus among the scholars that a muhrim may eat oil, fat, and butter, but he is not permitted to use perfume all over his body.”

Hanafi and Maliki scholars hold it is disliked for a muhrim to stay at a place which is full of perfume or scent, whether he intended to smell it or not. Hanbali and Shafi’i schools are of the opinion that if such a person does so intentionally it is unlawful for him, otherwise there is no harm. The Shafi’i school holds that sitting at a perfumer in an incensed place is permissible, because its prohibition will make things difficult. Applying perfume is not desirable; one should avoid it unless one is sitting in a place where one cannnot avoid it, for example, if one is sitting in the Sacred Mosque when it is scented. In this there is no harm, nor is it disliked, because sitting at this place is a means of achieving closeness to Allah, and to abandon it for something which is at best only permissible is not desirable. One may carry the perfume in a bottle or wrapped in a cloth and one is not required to make any atonement for doing so.

Wearing a Belt Pocket Around the Waist to Keep One’s Money and Wearing a Ring:
Ibn ‘Abbas said:
There is no harm if a muhrim wears a ring, or a belt pocket to keep his money.

Wearing Kohl in the Eye:
Ibn ‘Abbas said:
A person in a state of ihram may wear kohl if his or her eyes are sore, provided the kohl is not perfumed. There is consensus among scholars on its permissibility for treatment but not as a means for beautification.

Sitting Under the Shade of an Umbrella, a Tent, a Roof, etc:
Abdullah ibn ‘Amer reported:
“‘Umar used to throw a piece of leather on a tree and sit under its shade while he was in the state of ihram.” This is reported by Ibn Abi Shaiba.
Ummul-Hussain reported:
“I performed the Farewell Hajj with the Prophet (peace be upon him). I saw Usamah ibn Zaid and Bilal. One of them was holding the noseband of the Prophet’s she-camel, and the other was shading him with a cloth from the sun until he threw the pebbles at ‘Aqabah.” This is reported by Ahmad and Muslim.
‘Ata said:
“A muhrim may shade himself from the sun, and take shelter to protect himself from rain and wind.” Ibrahim An-Nakh’i reported: “Al-Aswad ibn Yazid threw a cloth over his head for shelter from rain while he was in the state of ihram.”

Using Henna:
The Hanbali school holds that using henna for dyeing any part of the body, except the head, is not forbidden for a muhrim, male or female. The Shafi’i school holds that a male muhrim may use henna for dying any part of the body, except hands and feet, dying of which without any genuine cause is not permissible in the state of ihram. Also covering one’ s head with thick (layers of) henna is not permissible. They also hold that it is not desirable for a woman in the state of ihram to use henna, and that it is unlawful for her to do so if she is in ‘iddah after the death of her husband.

The Hanafi and the Maliki schools on the other hand, hold that a muhrim, male or a female, is not permitted to use henna for dyeing any part of the body because it is a perfume, and a muhrim is not allowed to wear perfume during the state of ihram.

Khawlah bint Hakim reported from her mother that the Prophet (peace be upon him) told Umm Salamah:
“Do not wear perfume while you are in the state of ihram. nor touch henna, because it is a perfume.” (Reported by At-Tabarani in Al-Kabir, Al-Baihaqi in his Al-Ma ‘rifah, and by Ibn Abdul-Barr in his work At-Tamheed)

Punishing a Servant for Discipline:
Asma bint Abi Baker reported:
“We went for Hajj with the Prophet (peace be upon him). When we reached a place called ‘Arj the Prophet (peace be upon him) stopped, and so did we. ‘Aishah sat by the Prophet (peace be upon him), and I sat next to Abu Bakr. Their travel supplies were with a servant of Abu Bakr. He sat down waiting for his servant. When the servant came he was walking on foot, and had no camel with him. Abu Bakr asked him about his camel. The servant replied: ‘I lost it yesterday.’ At this Abu Bakr got angry and said to him: ‘You had only one camel (to look after) and you lost it.’ And he beat him. The Prophet (peace be upon him) smiled and said: ‘Look at this muhrim--Abu Bakr! What is he doing?’ And he kept on smiling and repeating this.” (Reported by Ahmad, Abu Daw’ud, and Ibn Majah)

Killing Flies, Fleas, and Lice:
‘Ata was asked by a man about the fleas or ants that vexed him while he was in the state of ihram. He replied: “You may throw away what does not belong to you.” Ibn ‘Abbas said: “A muhrim may kill lice and ticks.”

A muhrim may also remove fleas from his camel. ‘Ikrimah reported that Ibn ‘Abbas once ordered him to kill the ticks off his camel while they were both in the state of ihram. ‘Ikrimah, disliked doing so. Then, Ibn ‘Abbas commanded Ikrimah to slaughter a camel, which he willingly did. Thereupon Ibn ‘Abbas asked him, “Do you know how many ticks you just killed?”

Killing the Five Vicious Animals and Others that are Harmful:
‘Aishah reported that the Prophet (peace be upon him) said:
“Five of the animals are vicious and they may be killed in the sacred precincts of Haram: the crow, the kite, the scorpion, the mouse, and the ravenous dog.”

This is reported by Muslim and Bukhari, who added
“(and) the snake.”

There is consensus among the scholars that the small crow which eats the seeds, is not included in the category of the above animals. Under the ravenous dog is included one that bites people and frightens them and all other similar vicious animals that attack humans such as the lion, tiger, leopard and wolf.

Thus Allah said:
“They ask you what is lawful to them (as food). Say: ‘Lawful to you, are (all) things good and pure: And what you have taught your trained hunting animals 8 (to catch) in the manner directed to you by Allah”’ (Qur’an 5.4)

The Hanafi scholars hold, however, that the word “vicious dog” in this case applies only to dogs and wolves.

Ibn Taimiyyah is of the opinion that a muhrim may kill any harmful creature that usually causes harm to humans, such as snake, scorpion, mouse, crow, and a vicious dog. He is also permitted to defend himself against whatever harms him, whether animals or people; if they assault him, he should fight them back.

 The Prophet (peace be upon him) said:
“He who is killed while defending his wealth is a martyr, and he who is killed while defending his life is a martyr, and he who is killed while defending his religion is a martyr, and similarly he who is killed while defending his honor is also a martyr.”

Ibn Taimiyyah further said:
“If fleas and lice bite him, a muhrim should cast them out. He may also kill them, and incur no penalty. Casting them out is, however, easier than killing them. Similarly a muhrim is forbidden to kill any animal that he sees, such as a lion, a leopard, etc. But, most of the scholars hold that if he should kill one of these animals, he is not required to make any atonement. Looking for lice without feeling any bite, for comfort and pleasure, however, while one is in the state of ihram, should be avoided. But if someone does it, he is not required to make an atonement.”


Fiqh us-Sunnah - Hajj 2013_110
الرجوع الى أعلى الصفحة اذهب الى الأسفل
http://almomenoon1.0wn0.com/
أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
أحمد محمد لبن Ahmad.M.Lbn

عدد المساهمات : 24543
العمر : 67

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مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty01/08/18, 12:29 am

Chapter Eight:
Restrictions Of Ihram
The Law Giver forbids certain things for a muhrim after he dons the ihram garb:
1. Sexual intercourse and all matters leading to it such as kissing, touching, or talking with one’s wife about intercourse or related matters.

2. Committing sins that cause a man to deviate from the path of obedience to Allah.

3. Disputing, arguing or fighting with companions, servants or others.

The basis of this prohibition are the words of Allah:
“Let there be no obscenity nor wickedness nor wrangling in the Hajj” (Qur’an 2.197)

Both Bukhari and Muslim reported on the authority of Abu Hurairah that the Prophet (peace be upon him) said:
“He who performs Hajj, committing no obscenity, nor wickedness, nor wrangling, will return home free of sins as the day his mother bore him.”

4. Wearing any sewn clothes, such as a shirt, hooded robes, cloak, underpants or wrapping anything around the head, a cap or a fez, etc. Likewise one is not permitted to wear clothes dyed with a nice fragrant dye or to wear shoes or sewn slippers.

Ibn ‘Umar reported that the Prophet (peace be upon him) said:
“A person in a state of ihram is not allowed to wear a sewn shirt, a turban, a hooded robe, underpants, a cloth that has been dyed with sweet smelling fragrance (such as saffron), shoes or sewn slippers, unless one is unable to find regular unsewn slippers, then one may wear his shoes provided one cuts them down to the ankles.”

This was reported by Bukhari and Muslim. There is agreement among the scholars that these restrictions apply to men only.

As for a woman pilgrim, she may wear all of the above. But she is forbidden to use perfumed clothes, a veil that covers the face, and gloves.

Ibn ‘Umar reported:
“Allah’s Messenger (peace be upon him) forbade women pilgrims from wearing gloves, veils, and clothes dyed with saffron or warse. (A sweet smelling plant that was used to dye clothes yellow) Besides these, they may wear anything else, any color, silk clothes, ornaments, trousers, or a shirt or shoes.” (Reported by Abu Daw’ud, Al-Baihaqi and Al-Hakim, with a sound chain of authorities)

Bukhari reported that ‘Aishah wore a dress that was dyed with ‘usfur (‘Usfur: safflower, the red dyestuff prepared from its flower heads) while she was in a state of ihram,

and she said:
“A woman must neither wear a veil to cover her face, nor wear clothes that are dyed with saffron or other fragrant dyeing material.”

Jabir said:
“I do not consider ‘usfur a scent.”

‘Aishah held that there is no harm for women pilgrims in wearing ornaments, black or rose-colored clothes and shoes.

Bukhari and Ahmad have reported that the Prophet (peace be upon him) said:
“A pilgrim woman must neither cover her face nor wear gloves.”

This proves that a woman in the state of ihram should not cover her face and hands. The scholars, however, say that there is no harm if she covered her face with something other than a veil. She may also use an umbrella or similar item as a screen between men and herself. But if she is afraid of tempting others she must cover her face.

‘Aishah said:
“Men on camels used to pass by us while we were with the Prophet (peace be upon him) and in the state of ihram. We would cover our faces with our gowns when they passed by us, and then uncover them again.”

This is reported by Abu Daw’ud and Ibn Majah. ‘Ata, Malik, AthThawri, Ash-Shafi’i, Ahmad, and Ishaq hold that it permissible for women to cover their faces in the state of ihram.

A Man Without Garb or Shoes for Ihram:
A person who has no proper garb and shoes for Hajj may wear whatever is available to him. Ibn ‘Abbas reported that Allah’s Messenger (peace be upon him) delivered a sermon at ‘Arafah saying,

“A Muslim (pilgrim) who finds no suitable garb (for ihram), may wear trousers, and if he finds no suitable slippers, he may wear shoes.”

(This is in the case of a man who finds these things are either not available, or he has no extra money to buy them) This is reported by Ahmad, Bukhari and Muslim. In Ahmad’s narration from ‘Ata ibn Dinar we read that Aba Al-Sha’sha informed him that Ibn ‘Abbas heard the Prophet (peace be upon him) saying,

“He who finds no garb (for ihram), but has trousers, he may wear them, and he who finds no (suitable) slippers but has shoes, he may wear them.” At this I (Aba Al-Sha’sha) asked him: “And did he say anything about cutting them?” Ibn ‘Abbas said: “No.”

Ahmad, therefore, holds that a muhrim who finds no proper garb or slippers may wear his trousers and shoes, as shown by the hadith of Ibn ‘Abbas, without being required to make any atonement for doing so. (Ibn Qayyim also prefers this view)

Contracting a Marriage, or Acting on Behalf of Others, or Acting as a Guardian for Someone:
Such a marriage contract is invalid, null and void, and is not binding as reported in a hadith transmitted by Muslim and others. It is reported that ‘Uthman ibn ‘Affan said: The Prophet (peace be upon him) said:
“A muhrim must not contract marriage, nor help others contract marriage, nor get engaged for marriage.”

Malik, Ash-Shafi’i, Ahmad, and Ishaq are also of the same opinion. They hold that it is not permissible for a muhrim to contract a marriage and regard any marriage thus contracted as invalid.

Tirmidhi has also reported it but without the words:
“…nor get engaged for marriage.”

Tirmidhi considers this a sound hadith and remarks that the Companions of the Prophet (peace be upon him) practiced it.

Some of the reports that say the Prophet (peace be upon him) “married Maimunah while he was a muhrim” are contrary to the report transmitted by Muslim that “he married her while he was no longer in the state of ihram.”

Tirmidhi said:
“There is disagreement concerning the marriage of the Prophet (peace be upon him) to Maimunah, for he married her on his way to Makkah. Some said: ‘He married her before he put on ihram, but the news of his marriage became known while he was in the state of ihram. Later he consummated his marriage with her in Saraf, on the road to Makkah, after he was free from the restrictions of ihram.’” Hanafi scholars, however, hold that a muhrim may contract a marriage, because in the state of ihram what is forbidden is not marriage with a woman, but only the consummation of marriage. Contracting a marriage is permissible, but intercourse is forbidden.

Clipping Nails, Shaving, Cutting or Removing Hair by any Means, from the Head or any Part of the Body.

Allah says:
“And do not shave your heads until the offering reaches the place of sacrifice.” (Qur’an 2.196)

There is consensus among the scholars that a person in the state of ihram is forbidden to clip his fingernails without any genuine excuse. However, if a nail is broken, one may remove it without incurring any penalty.

Removing the hair is permitted, if it becomes bothersome. In such a case one must pay atonement, except for the removal of hair of the eye if it bothers him. (The Maliki scholars hold there is a penalty for removing hair of the eyes)

Allah the Almighty says:
“And if any of you is ill, or has an ailment in his scalp (necessitating shaving), he should in compensation either fast, or feed the poor, or offer sacrifice.” (Qur’an 2.196) This will be discussed later.

Using Perfume on Body or Clothes by a Man or Woman:
Ibn ‘Umar reported that ‘Umar smelled the pleasant smell of perfume coming from Mu’awiyah while the latter was in the state of ihram.

‘Umar commanded him:
“Get back, and wash it off. I have heard the Prophet (peace be upon him) saying: ‘A pilgrim must be unkempt and without any perfume.” This is reported by Al-Bazzar with a sound chain.

The Prophet (peace be upon him) said:
“Wash away the perfume that you are wearing.”

He repeated this thrice. The body of a deceased muhrim should neither be perfumed during the washing, nor any perfume be applied to his shroud. (Abu Hanifah, however, holds it is permissible) Concerning a muhrim dying in the state of ihram, the Prophet (peace be upon him) said:
“Do not cover his head, nor perfume his body, because on the Day of Resurrection he will be raised with talbiyah on his lips.”

There is no harm, however, if some of the perfume used by a muhrim on his body or clothes before entering the state of ihram is left over.

It is permissible, however, to smell the things that are not planted for their scent such as apples and quince. These plants are similar to other plants that are not planted for their scent, nor is it extracted from them.

As for the perfume that one may acquire from touching the Ka’bah, there is no harm.

Sa’id bin Mansur reported that Salih bin Kaisan said:
“I have seen Anas bin Malik in the state of ihram, while some perfume from the Ka’bah was rubbed on his Hajj garb, but he did not wash it off.”

‘Ata said:
“Such a person does not have to wash it off, nor does he need to make any atonement.” The Shafi’i school holds that if someone purposely did so (applied perfume), or was accidently perfumed, and he could wash it off, but he did not do so, he would be committing a wrong for which he will have to pay a penalty.

Wearing Clothes Dyed with Scented Material:
There is agreement among scholars that wearing a Hajj garb dyed with a scented material is disallowed unless it is washed and its smell removed.

Nafi’i reported from Ibn ‘Umar that Allah’s Messenger (peace be upon him) said:
“Do not wear (while in the state of ihram) any clothes dyed with warse or saffron without washing them.”

This is reported by Ibn Abdul Barr and At-Tahawi.

Wearing scented clothes is disliked for those in leading positions in life, because the masses may imitate them and wear scented clothes which are not permitted.

Malik has reported from Nafi’ that he heard Aslam, the freed-slave of ‘Umar bin Al-Khattab, saying to Abdullah bin ‘Umar:
“‘Umar ibn Al-Khattab saw Talhah bin Obaidullah wearing a dyed garb in the state of ihram. At this ‘Umar said to him: ‘O Talhah, what is this garb!’ Talhah replied: ‘O Chief of the Faithful, this is dyed with a reddish dye (that has no smell).” ‘Umar said: “O People! You are leaders for others. If a layman saw you wearing this garb he would say: “I saw Talhah bin Obaidullah wearing dyed garb in the state of ihram. O People! Do not wear any of these dyed garbs.”

There is no harm, however, in using some scent in cooking or drinks when its taste, color or smell is eliminated. If a muhrim partakes of it, he does not have to make any atonement. The Shafi’i school holds that partaking of such food or drink makes an atonement necessary if the smell persists. The Hanafi school is of the view that that there is no penalty on him, because he did not partake of it to enjoy its perfume.

Engaging in Hunting:
A muhrim may fish, eat sea game, or mention any kind of sea food. It is forbidden, however, for a muhrim to hunt on land, by killing or by slaughtering. It is also forbidden for a muhrim to point it out if it is visible, or indicate its place if it is invisible, or scare it off. It is also forbidden for him to spoil eggs of animals living on land. Buying, selling them, or milking these animals is also forbidden in the state of ihram.

The Qur’an says:
“Lawful to you is the pursuit of water game and its use for food - for the benefit of yourselves and those who travel; but forbidden is the pursuit of land game - as long as you are in the Sacred Precincts or in pilgrim garb.” (Qur’an 5.96)

Eating Game-Meat:
A muhrim is forbidden to partake of any land game prepared for his sake, at his suggestion or with his help. Abu Qatadah reported that Allah’ s Messenger (peace be upon him) went for Hajj and they also went with him.

The Prophet (peace be upon him) dispatched a group, including Abu Qatadah, and told them:
“Follow the seashore until we meet again.”

All of them except Abu Qatadah were in the state of ihram. On the way, they saw a herd of zebras. Abu Qatadah attacked them and killed a female zebra.

They all ate of its meat but said:
“Is it permissible for us to partake of this land game in the state of ihram?”

Then they carried the rest of the meat to the Prophet (peace be upon him), and told him the whole story.

The Prophet (peace be upon him) said to them:
“Did any one of you ask Abu Qatadah to attack the herd, or point it out to him?” They said: “No.” He said, “Then, you may eat what is left of the quarry.” This is reported by Bukhari and Muslim.

A muhrim may eat the meat of a game which is neither killed by him, nor for him, nor pointed out by him to someone else, and in the hunting of which he did not help others.

Al-Muttalib reported from Jabir that Allah’s Messenger (peace be upon him) said:
“The (eating of) land game is lawful for you in the state of ihram provided you yourselves do not kill it but it is killed for you (by someone else).”

This is reported by Ahmad and Tirmidhi, who said: “Jabir’s hadith is explanatory, but we do not know the narrator who reported it from Jabir to Al-Muttalib.”

Some of the scholars follow this principle and consider that eating meat of land game is lawful for a muhrim if he does not hunt it, nor is it hunted for his sake. Ahmad, lshaq, Malik and the majority of scholars hold a similar view. Ash-Shafi’i said: “This is the best and the most correct hadith reported on this issue.”

The eating of a land game hunted by a muhrim or for a muhrim is unlawful for him, whether it is done with or without his permission. But, if someone else who is not in the state of ihram, hunted it for himself, and offered or sold some of it to a muhrim, he is permitted to partake of it.

Abdur-Rahman bin ‘Uthman At-Taimi reported:
“We went for Hajj with Talhah bin Obaidullah. While we were in the state of ihram, some meat of birds was given to Talhah. He was asleep. Some of us ate of this meat, while others refrained. When Talhah woke up (and was told about this) he approved of those who had eaten it and said: ‘We used to eat such meat while we were with Allah’s Messenger (peace be upon him).’” (Reported by Muslim and Ahmad)

Other ahadith forbid a muhrim eating the meat of a land game, such as the one reported from As-Sa’ab bin Jathamah al-Laithee which says:
“Someone presented meat of a zebra to the Prophet (peace be upon him), while he was in the area known as Al-Abwa or Bawaddan. The Prophet (peace be upon him) declined it, but when he saw marks of disquiet on the presenter’s face, the Prophet (peace be upon him) said to him: ‘We declined (your) present only because we are in the state of ihram.’”

Considering the assumption behind declining the meat - that it was hunted for the sake of those who were in the state of ihram - these ahadith can be reconciled. The people who were not in the state of ihram meant to hunt for those who were in the state of ihram. Ibn Abdul Barr said: “The argument of those holding this view is that it is supported by sound ahadith on this subject. When taken in this sense we find no contradiction or disagreement in these ahadith. All Sunan should be interpreted in this manner. They do not contradict or disagree with each other when applied in their proper contexts. Ibn Al Qayyim prefers this opinion, and says: ‘All the traditions of the Companions approve of this course.’”

Penalty for Violating Sanctity of Ihram:
A muhrim who for a genuine reason is compelled to violate any of the restrictions of ihram, like shaving his head, wearing sewn clothes because of cold or heat or something else, with the exception of having sexual intercourse with his spouse, (For details on this see the following pages) he may do so, but he will have to slaughter a sheep, or feed six needy people, (Each needy person should be given at least the equivalent of half sa in measure) or fast three days to atone for it.

Violation of restrictions of ihram other than sexual intercourse does not invalidate Hajj or ‘Umrah. Sexual intercourse with one’s wife invalidates Hajj or ‘Umrah.

Abdur Rahman bin Abi Laila reported from K’ab bin ‘Ujrah that Allah’s Messenger (peace be upon him) passed by him while in Hudaibiyah and said,
“Are the lice in your head bothering you?” He said, “Yes.” The Prophet (peace be upon him) said, “Shave your head and slaughter a sheep, or fast three days or give a measure of three sa’ of dates to six needy people.” (Reported by Bukhari, Muslim and Abu Daw’ud)

In another report the same narrator says:
“Lice infested my hair and bothered me, while I was with Allah’s Messenger (peace be upon him) during Hudaibiyah. It got so bad that I was afraid of losing my sight. Then Allah, the Almighty revealed the Qur’anic verse (2.196)

“And if any of you is ill or has an ailment in his scalp (necessitating shaving) (he should) in compensation either fast or feed the poor or otfer sacrifice.”

Upon this Allah’s Messenger (peace be upon him) called me and said: “Shave your head, or fast three days or feed six poor persons one farq (A measure commonly used in Madinah at the time of the Prophet, it is roughly equivalent to sixteen Iraqi rotl) of raisins, or slaughter a sheep.” So I shaved my head and slaughtered a sheep.”

With regard to penalty Ash-Shafi’i makes no distinction between a muhrim who is compelled to violate ihram by some genuine need, and one who does so without any genuine cause. In either case penalty must be paid to atone tor violation. Abu Hanifah holds that a person who violates the ihram restrictions without genuine cause must offer a sheep to compensate for his violation, if he can afford it. A person who cannot afford this does not have to make any atonement as mentioned above.

Clipping Some Hair Only:
‘Ata reported that if a person in the state of ihram pulled off three hairs or more, he must slaughter a sheep in compensation for that. This was reported by Sa’id bin Mansur. Ash-Shafi’i also reported from ‘Ata that if a muhrim pulled one hair he must give one mudd (A dry measure), and for two hairs two mudds to the needy, but if he pulled more than two hairs then he must offer a sheep in sacrifice.

Rubbing Oil on the Body in the State of Ihram:
It is said in Al Musawwa that according to Abu Hanifah if a muhrim massages any part of his body with pure oil or vinegar he must slaughter a sheep in expiation for it. The Shafi’i school is of the view that if a muhrim used unperfumed oil on his head or beard, then he must slaughter a sheep, but there is no penalty if he uses it on any other parts of his body.

Wearing Sewn Clothes or Applying Perfume by Mistake or in Ignorance:
A muhrim who wears a sewn garment or uses perfume by mistake or through forgetfulness or ignorance of their inadmissibility incurs no penalty.

Ya’la bin Umayyah reported that a man came to the Prophet (peace be upon him) while he was at Al-Ji ranah. The man was wearing a cloak and both his head and beard were dyed and perfumed.

 He said:
“O Allah’s Messenger! I declared my intention for an ‘Umrah, but I did what you see!”

The Prophet (peace be upon him) said to him:
“Wash your hair and beard, and take off your cloak, and do in your ‘Umrah what you should do in your Hajj.” (Reported by the Group except Ibn Majah)

Bukhari reported that ‘Ata said:
“If a muhrim uses perfume or wears sewn clothes, forgetfully or unknowingly, he incurs no penalty, nor is he required to make any atonement.” This is different however, from the case of killing a game - unknowingly or forgetfully - for which a muhrim must slaughter a sheep in compensation, because it involves a monetary guarantee. In matters relating to security of property, knowledge and ignorance, forgetfulness and intention, are all the same, as it is in the cases of guarantee pertaining to people’ s property.

Sexual Intercourse Nullifies Hajj:
Ali, ‘Umar and Abu Hurairah issued a verdict concerning a man who had sexual intercourse with his wife in the state of ihram.

In this verdict they said:
“They both must complete their Hajj, but must also make another Hajj the following year and slaughter an animal.”

Abu Al-‘Abbas At-Tabari said:
“If a muhrim had sexual intercourse with his spouse before the first tahallul* from ihram, regardless of whether it was before or after ‘Arafah, it will invalidate his Hajj. Such a person, however, must continue performing the rest of his Hajj rites. He must slaughter a camel and make up for his Hajj the following year.”

If the wife was in the state of ihram and she accepted what her husband did, she must continue the performance of Hajj, but must also make it up the following year, and besides, according to the majority of the scholars, must also offer a sacrifice. According to ‘Ata some scholars hold that the husband and wife may offer only one sacrifice.

In his commentary on hadith, Sharh Al-Sunnah, Al-Baghawi said - and this is the more famous of the two sayings of Ash-Shafi’i - that a man is required to pay the penalty for sexual intercourse on a day in Ramadan. Such a couple should keep apart (Doing so is mandatory according to Ahmad and Malik, but the Hanafi and Shafi’i schools take it as a recommendation) when they go to make the next Hajj (in compensation for the first one) lest they should repeat what they did before.

If such a man is unable to slaughter a camel, then he may slaughter a cow. If he cannot afford it, then he may slaughter seven (7) sheep. And if he is even unable to do that, then he may estimate the value of the camel, and distribute food of that amount among the poor and needy people, so that every person receives one mudd. If he is unable to do so, then he should fast a day for each mudd thereof.


Fiqh us-Sunnah - Hajj 2013_110
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أحمد محمد لبن Ahmad.M.Lbn
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أحمد محمد لبن Ahmad.M.Lbn

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مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty06/08/18, 06:43 pm

Chapter Nine:
Killing A Game In The State Of Ihram
Allah says:
“O You Who Believe, kill not game while in the Sacred Precincts or in Pilgrim garb. If any of you doeth so intentionally, the compensation is an offering, brought to the Ka’bah, of a domestic animal equivalent to the one he killed, as adjudged by two just men among you; or by way of atonement, the feeding of the indigent; or its equivalent in fasts; that he may taste of the penalty of his deed. Allah forgives what is past: For repetition, Allah will exact from him the penalty. For Allah is Exalted, and Lord of Retribution.” (Qur’an 5.95)

Ibn Kathir said:
 “The majority holds that as far as the penalty is concerned there is no difference between one who deliberately kills a game and he who does so forgetfully.” Az-Zuhri said: “The Qur’an imposed a penalty only on the intentional killer of the game, while the sunnah includes those who kill a game forgetfully.” In other words the Qur’an imposes a penalty on an intentional killer for his sin, as is indicated by the words of Allah
“...that he may taste the penalty of his deed.”

The sunnah of the Prophet (peace be upon him) and the judgments of his Companions show that he who kills a game by mistake must also pay a penalty. Killing a game is a destructive act, and therefore, whether it is inflicted intentionally or forgetfully, makes little difference, though a deliberate killer is guilty of a sin, whereas one who does so by mistake commits no sin.

In Al-Musawwa, it is stated:
“In the opinion of Abu Hanifah, the verse: ‘If any of you doeth so intentionally, the compensation is an offering, brought to the Ka’bah, of a domestic animal equivalent to the one he killed’ means that one who kills a game must compensate it by sacrificing something similar to or equivalent in price to be decided by two just men.” It may be a domestic animal that is brought to the Ka’bah for sacrifice, or else one may feed the needy.

In Ash-Shafi’i’s opinion it means that, “Anyone who kills a game while in the Hajj garb must pay a penalty for his act by sacrificing an animal similar in shape and form and two just men must make sure that it is equivalent in value to the game killed. Or else, one must make an atonement or fast for an equivalent number of days.”

Some Precedents from ‘Umar and Subsequent Generations:
Abdul Malik bin Qurair reported from Mohammad bin Sirin that a man came to ‘Umar bin Al-Khattab and said:
“A friend of mine and I ran after a wild game while we were in pilgrim garb. We killed a deer. What is our atonement?” ‘Umar told a man next to him: “Come, you and I must judge together.” Then he gave his verdict and told the man to sacrifice a goat in compensation.” The man left saying, “This is the Chief of the Faithful, who cannot pass a judgment concerning the killing of a deer!” ‘Umar heard the man’s remark, and he called him back and asked him: “Have you read Surah Al-Ma’idah (of the Qur’an)?” The man said: “No.” ‘Umar asked further: “Do you know this man who participated in the judgment with me?” The man said, “No.” ‘Umar said: ‘Had you told me that you have read Surah Al-Ma’idah, I would have made you ache from beating.” Then he added: “Allah, the Exalted One, says in His Book: ‘If any of you doeth so intentionally, the compensation is an offering, brought to the Ka’bah, of a domestic animal equivalent to the one he killed, as adjudged by two just men among you.’ And this man (who judged with me) is Abdur-Rahman bin ‘Awf’.”

Earlier generations of Muslim scholars gave verdicts that a camel is to be sacrificed for an ostrich, and a cow for a zebra, a stag or a deer, and similarly a sheep for a woodchuck, a pigeon, a turtledove, a mountain quail, and certain other birds. A male sheep is to be sacrificed for a hyena, a goat for a deer, a four month old goat for a rabbit, a baby goat (kid) for a fox, and a four month old goat should be sacrificed for killing a jerboa.

When One is Unable to Pay the Penalty:
Sa’id bin Mansur reported that commenting on the words of Allah
“the compensation is an offering, brought to the Ka’bah, of a domestic animal”
Ibn ‘Abbas said:
“If a muhrim kills an animal, an assessment should be made and then he should make compensation. If he has an animal of an equivalent value for the game, he must slaughter it and give its meat in charity, but if he does not have an animal of an equivalent value, he should assess the value of the game and then give away food for that amount. In case one does not have money for it, then, one must fast one day for each half sa’ of food. If a muhrim killed a game, he must slaughter a similar animal according to the judgment of two just men. If one killed a deer or similar animal, one must slaughter a sheep in Makkah. If one cannot buy a sheep, then, one must feed six poor people, and if one cannot afford that, then one must fast three days. If one killed a male adult deer or similar animal, he must slaughter a cow, otherwise one must feed twenty needy people, or fast for twenty days. If an ostrich or zebra or similar animal is killed, one must fast thirty days.”

This is reported by Ibn Abi Hatem and Ibn Jarir. They also added to this the words:
“The food given to the needy must be sufficient to satisfy their hunger.”

How to Feed and Fast:
Malik said: “The best thing that I heard concerning this matter is that the price of the killed game must be assessed, or the food that can be bought with that amount. Then the killer must give to every needy person one mudd of food or else he must fast an identical number of days, one day for each mudd (of food). He must estimate the number of the needy that could be fed with that food. One must fast ten days if the money could feed ten poor people, fast twenty days, if twenty people could be fed for that amount, and so forth whatever their number, even sixty or more.”

Joint Killing of a Game:
If a group of people participated in killing a game intentionally, they are to pay one penalty only, because Allah says
“the compensation is an offering of a domestic animal.”

Ibn ‘Umar was asked about a group of people who had jointly killed a hyena while they were in the state of ihram. Ibn ‘Umar told them,
“Slaugther a ram.” They asked, “Should we slaughter a ram for each person of our group?” He said, “No. Slaughter only one ram on behalf of all of you.”

Killing a Game Within the Sacred Precincts and Cutting Trees:
It is forbidden for both a muhrim and a non-muhrim to kill the game in the sacred precincts of Haram, or to frighten it, or to cut its trees that are not planted by the people, or to cut tender plants, including thorns, except for the plants called Idhkher and Sana which may be cut, pulled or weeded out.

Ibn ‘Abbas reported that on the day of the conquest of Makkah the Prophet (peace be upon him) said,
“Verily, this is a Sacred City, its thorns and its plants must not be cut, its wild game must not be frightened, and none is allowed to pick up lost articles unless one knows its owner (in order to return it to him).”’

‘Abbas added,
“Except (for the plant) Idhkher” which is used by blacksmiths and burned in households.”

The Prophet (peace be upon him) excluded this plant, saying,
“Except idhkher.” (Bukhari)

Ash-Shawkani said:
“Qurtubi said: ‘Jurists hold that the trees forbidden to be cut are the wild trees or plants that are not planted or grown by people. As to the trees grown by men there is disagreement among scholars. The majority holds it permissible to cut trees grown by men.”

Ash-Shafi’i said:
“Cutting any tree or plant is punishable.” Ibn Qudamah also holds this view. There is also disagreement on punishment for cutting the first kind of trees.

Malik holds there is no penalty for it, although one who does this commits a sin. ‘Ata opined: “Such a person should seek Allah’s forgiveness.” Abu Hanifah is of the opinion that such a person must compensate for it by sacrificing an animal equivalent in value to the damage caused by him. Ash-Shafi’i said: “For cutting a big tree one must slaughter a cow in compensation, and for a smaller tree a sheep.” The scholars, however, make an exception in making use of broken branches, fallen trees, or leaves. It is permissible to use these. Ibn Qudamah said: “There is agreement on the permissibility of using herbs, flowers, grass and tender plants grown by men within the sacred precincts of Haram.”

The author of Al Rawdah al-Nadiyyah says:
“The dwellers of the Haram, who are not in the state of ihram, incur sin, but no penalty for killing a game or cutting a tree within the Sacred Precincts.” As for those who are in the state of ihram, they must pay the penalty prescribed by Allah for killing a game. But for cutting a tree in Makkah they incur no penalty, because the evidence in this regard is not strong enough.

The hadith which states
“If one cuts a big tree, he must slaughter a cow in compensation”

is not a sound hadith. What is related from earlier scholars and their opinions on this issue, cannot be taken as conclusive by themselves.


Fiqh us-Sunnah - Hajj 2013_110
الرجوع الى أعلى الصفحة اذهب الى الأسفل
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أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
أحمد محمد لبن Ahmad.M.Lbn

عدد المساهمات : 24543
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مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty06/08/18, 06:51 pm

Chapter Ten:
Sacred Precincts Of Makkah (Haram Makkah)
The Sacred Precincts of Makkah include the area around Makkah, marked by stones a meter high, on all roads leading to, or from Makkah.

On the northern side Haram Makkah extends to Tan’im, six kilometers from the Sacred Mosque, and on the southern side to Adah, twelve kilometers from Makkah. On its eastern side, sixteen kilometers away, lies al-Ji’ranah, while on its northeastern border lies the valley of Nakhlah, which is fourteen kilometers from Makkah. On the western border lies Al-Shmaisi, (This place used to be called Al-Hudaibiya. It was here that the Prophet (peace be upon him) took the famous pledge - bai ‘at ridwan - from his Companions. The Battle of Al-Hudaibiya is named after it) fifteen kilometers from Makkah.

Muhibbuddin At-Tabari reported from Az-Zuhari from Obaidullah bin Abdullah bin ‘Utba and said:
“Prophet Ibrahim (peace be upon him) put up markers for the Sacred Precincts as shown to him by Gabriel (peace be upon him).”

These markers were undisturbed until the time of Qusaiy, who renewed them. After that the Prophet (peace be upon him), in the year of the conquest of Makkah, sent Tamim bin Osaid al-Khozai’i to refurbish them. Later ‘Umar appointed four men from Quraish, Muhrama bin Nawfal, Sa’id bin Yarbu’, Howaiteb bin Abdil-Uzza, and Azhar bin Abd-Auf, to renew these markers. Subsequently, first Mu’awiyah and then Abdul-Malik refurbished them.

Sacred Precincts of Madinah (Haram Madinah):
In the Sacred Precincts of Madinah killing a game and cutting its trees is prohibited as it is in the case of Haram Makkah.

Jabir bin Abdullah reported that Allah’s Messenger (peace be upon him) said:
“Ibrahim (peace be upon him) made Makkah Haram (sacred), and I declare Madinah and what lies between its two black tracts Haram. No game (within this area) is to be killed, nor any adah - a thorny plant - growing therein is to be cut.” (Muslim)

Ali reported that concerning Madinah the Prophet (peace be upon him) said:
“Its plants must not be cut, its game must not be frightened, articles lost in it must not be picked up except by someone making announcement to find the owner, nor is any man to bear arms for fighting in it. Its trees must not be cut, except when (required for) feeding one’s camels.” (Reported by Ahmad and Ahu Daw’ud)

Both Bukhari and Muslim report that the Prophet (peace be upon him) said,
“Madinah is Haram (Sacred) and its Sacred Precincts extend from ‘Eer to Thowr.”

(Eer is a mountain at the miqat for Madinah, and Thowr is a mountain near Uhud on the north) Another agreed upon hadith reported from Abu Hurairah says,
“The Prophet (peace be upon him) declared the area between the two black tracts of Madinah as sacred and then extended it to about twelve miles around Madinah.”

The Prophet (peace be upon him) permitted the residents of Madinah to cut trees for making plows, carts and other necessary tools and equipment. He also permitted them to cut its grass to feed their animals.

Ahmad reported from Jabir bin Abdullah that the Prophet (peace be upon him) said:
“The area between two black tracts of Madinah is a Haram (a sanctuary). No tree must be cut (within this area) except for use as fodder for animals.”

Unlike this the residents of Makkah, who have sufficient supply for their animal feed, are not permitted to cut even the grass to feed their animals. The residents of Madinah are not self-sufficient and are therefore allowed to use trees and grass for their animals.

But killing the game or cutting off the trees in the sanctuary of Madinah carries no penalty nor requires any compensation, although doing so is a sinful act.

Anas reported that the Prophet (peace be upon him) said,
“Madinah is a sanctuary from such and such a place to such and such a place, and (within this area) its trees shall not be cut, nor any (unlawful) act committed, and whoso does so on him shall rest the curse of Allah, His angels and the entire mankind.” (Bukhari)

It is permissible to pick up and use branches of a fallen tree within this sanctuary. Sa’ad bin Abi Waqqas reported that while on his way to his palace at ‘Aqiq he found a slave cutting off a tree or hitting and shaking it for leaves. Sa’ad seized whatever the slave had gathered. The owners of the slave went to Sa’ad and asked him to return to them what he had seized from the slave.

Sa’ad said,
“Allah forbid that I should return something which Allah’s Messenger has given me as a gift.” And saying this he refused to return it to them. (Muslim)

The Prophet (peace be upon him) said,
“If you find anyone hunting a wild game within the sacred bounds of Madinah you may seize it from him.” (Abu Daw’ud, and Al-Hakim, who considers it a sound hadith)

This is reported by Abu Daw’ud, and Al-Hakim, who considers it a sound hadith.

Is There Any Other Sanctuary Besides Makkah and Madinah?:
Ibn Taimiyyah said,
“There is no other sanctuary in the whole world besides these two, not even the Al-Aqsa Mosque of Jerusalem, nor any other, even though some ignorant people call them Haram al-Maqdis and Haram al-Khalil. By consensus Haram Makkah is the only Haram (sanctuary). About Madinah there is no such consensus. A majority of scholars, however, hold that Madinah is also a sanctuary, as mentioned in ahadith on this subject.

Muslim scholars disagree about a third sanctuary, namely, Wuja, a valley of Al-Ta’if. Ash-Shafi’i regards it a sanctuary. Ash-Shawkani agrees with him, but the majority of the scholars disagree and do not consider it a sanctuary.

Excellence of Makkah Over Madinah:
The majority of scholars believes Makkah has preference over Madinah.

Abdullah bin ‘Adi bin Al-Hamra reported that he heard Allah’s Messenger (peace be upon him) saying,
“By Allah! You (O Makkah) are the best of Allah’ s land, and most beloved to Him. Had I not been driven away from you, I would have never departed (from you).” (Ahmad, Ibn Majah and Tirmidhi)

Ibn ‘Abbas said:
“Allah’s Messenger (peace be upon him) addressed Makkah saying, ‘How nice a place you are! You are the most beloved place to me! If my people had not driven me away from you I would have never departed (from here) to live somewhere else.” (Tirmidhi considers it a sound hadith)

Entering Makkah without Ihram:
One may enter Makkah without putting on a garb of ihram if one does not intend to make Hajj or ‘Umrah. One may be a frequent visitor to Makkah as a wood-cutter, a grass cutter, a water carrier, or a hunter, etc., or not a frequent visitor such as a merchant or a visitor. Regardless of whether one enters it in a state of security or fear, all such people may enter Makkah without ihram if they do not intend to perform Hajj or ‘Umrah. This is Ash-Shafi’i’s opinion which, of his two views, is the more accurate one, and is also supported by his companions.

Muslim reported that Allah’s Messenger (peace be upon him) entered Makkah wearing a black turban and without an ihram. It is said about Ibn ‘Umar that he returned after travelling part of the way and entered Makkah without ihram.

Both Ibn Shihab and Ibn Hazm hold entering Makkah without the ihram garb permissible. The Prophet (peace be upon him) set the markers (Mawaqit) around Makkah only for those who intended to perform Hajj or ‘Umrah.

Wearing ihram is not compulsory for those who pass these markers if they do not intend Hajj or ‘Umrah. Allah and His Prophet (peace be upon him) did not forbid entering Makkah without ihram. To insist on it is obligating people to which they are not obligated by Shari’ah.

Encouraged Acts for Entrants to Makkah and the Sacred Mosque:
It is desirable for those intending to visit Makkah to do the following:
1. To take a bath. It is reported that Ibn ‘Umar used to take a bath before entering Makkah.

2. To spend the night at Dhi Tuwa, a valley in the direction of Al-Zaher. The Prophet (peace be upon him) used to spend the night there.

Nafi’ said:
“Ibn ‘Umar used to do the same.” (Reported by Bukhari and Muslim)

3. To enter Makkah from the upper hill called “Koda”. The Prophet (peace be upon him) entered Makkah from the direction of Al-Mu’allah. Whoever is able to follow this path, should do so, but one commits no sin if one does not do it.

4. To hurry to the Sacred Mosque as soon as one deposits one’s belongings in a safe place. One must enter the Sacred Mosque from the gate known as Bab Bani Shayba - Bab us-Salam - and say humbly and sincerely: “A’udhu billahil azeem wa biwajihil kareem wa sultanihil qadeem, minash shaltanir rajeem. Bismillah allahumma salli ‘ala muhammadin wa alihi wa salam, Allahumma ghifirli zunubi waftah li abwaba rahmatika (I seek refuge with Allah the Supreme, I seek refuge with His Honor and Eternal Glory, with His Everlasting Authority, from the cursed devil. O Allah, Bless Muhammad and the family of Muhammad! O Allah! Forgive my sins and open Your doors of mercy for me).”

5. To raise one’s hands on first sight of the Ka’bah and say: “Allahumma zid hadhal bayti tashrifan wa ta ‘zeeman wa takriman wa muhabatan wa zid min sharfihi wa karamihi mimman hajjahu au ‘itamarahu tashrifan wa takriman wa ta’zeeman wa birran (O Allah! increase this House’s honor, dignity, respect and grant all those who come to it for Hajj or ‘Umrah honor, dignity, respect and righteousness.)” And say, “Allahumma antas salam, wa minkas salam, fahayyina rabbana bis-salam (O Allah! You are the Peace, from You is the Peace. O Allah! Greet us with the Peace).”

6. Then head to the Black Stone and kiss it quietly. If kissing is not possible, then one may touch it with a hand and kiss the hand, and if even this is not possible then one may just point to it with a hand.

7. Then begin tawaf (circumambulation) starting from the Black Stone.

8. One does not have to perform salutation prayer to the Sacred Mosque. because tawafof Ka’bah is its salutation. If, however, it is time for the prescribed daily prayers, then one must offer them with the congregation.

The Prophet (peace be upon him) said,
“When a prescribed prayer is in progress then no other prayer except the prescribed prayer is valid.”

Similarly, if one is afraid to miss a prescribed prayer then one must offer it first before anything else.


Fiqh us-Sunnah - Hajj 2013_110
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مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty06/08/18, 07:20 pm

Chapter Eleven:
Tawaf - Circumambulation Around Ka’bah
Performing Tawaf:
1. One must begin tawaf (circumambulation) with one’s right shoulder uncovered, and the Ka’bah on one’s left side, while facing the Black Stone, kissing it, if possible, or touching it with one’s hand, or pointing in its direction, and saying, “Bismillah wallahak baalla humma imanan bika wa tasdiqan bikitabika wa wafa’an bi ‘ahdika wa ittiba’an li sunnati nabbiyyi sallalahu ‘alaihi wa sallam (In the Name of Allah. Allah is the Greatest. O Allah! awafl believing in You, affirming the truth of Your Book, fulfilling my covenant with You, and following the example of the Prophet, peace be upon him).”

2. Jogging lightly through the first three rounds around Ka’bah is encouraged. One should walk fast, keep close to Ka’bah as much as possible, and take short steps. In the next four rounds one should walk at normal pace. If one is unable to jog or get closer to Ka’bah, because of overcrowding around it, one may perform one’s tawaf in any way possible.

Touching the Yemeni corner (Ar-Ruknul Yemeni) is encouraged, and so is kissing or touching the Black Stone in each of the seven rounds of tawaf, if possible.

3. Making remembrance of Allah and supplicating to Him as much as possible is also encouraged. For this purpose one may choose any supplications that one feels comfortable with, without restricting oneself to any supplications or repeating what others (around one may be saying). There are no set supplications prescribed for this purpose. The supplications that some people take as prescribed for various rounds of tawaf have no authenticity. No such supplications are reported from the Prophet (peace be upon him). One should pray for oneself, for one’s family and one’ s Muslim brethren for anything good in this life or in the hereafter.

[color=#009966]Some of the supplications that are reported in this regard are given below:

1. Upon facing the Black Stone the Prophet (peace be upon him) said:
“Allahumma imanan bika wa tasdiqan bikitabik wa wafa ‘an bi’ahadika wa Itba’an li sunnat nabbiyyika bismillahi wallahu akbar (This is reported directly from the Prophet (peace be upon him)) (O Allah! I begin this tawaf believing in You, affirming the truth of Your Book, fulfilling my covenant with You, and following the example of Your Prophet, peace be upon him. In the Name of Allah! Allah is the Greatest!)”

2. Upon commencing the tawaf the Prophet (peace be on him) said:
“Subhan Allah wal hamdu lillah wa la ilaha illallah wallahu akbar wa la haula wa la quwwata illa billah (Glory to Allah, All praise is due to Allah, there is no god but Allah. Allah is the Greatest. There is no might nor power except with Allah).” (Ibn Majah)

3. Upon reaching the Yemeni corner the Prophet (peace be upon him) said:
“Rabbana aatina fid dunniyya hasanatan wa fil akhirati hasanatan wa qina ‘adhaban nar (Our Lord! Grant us good in this world and good in the hereafter, and save us from the punishment of the Fire).” (Reported by Abu Daw’ud, and Ash-Shafi’i from the Prophet (peace be upon him) on the authority of ‘Umar)

4. Ash-Shafi’i said:
“I like that each time on passing the Black Stone one should say Allahu Akbar, and while jogging one should supplicate and say: Allahumma ij ‘alhu hajjan mabruran wa dhanban maghfuran wa Sa’iyan mashkuran (O Allah! Let this be an accepted Hajj, with sins forgiven, and a well appreciated effort).” And during each round of tawaf he would say: “Rabbighfir warham wa’fu ‘ama ta’lam wa antal a’azzul akram allahumma aatina fid dunniyya hasanatan wafil aakhirati hasantan wa qina ‘adhaban nar. (O my Lord. Forgive us, and have mercy upon us, pardon our sins that You only know, You are the Most Honored and Dignified. O Allah! Grant us good in this world and good in the hereafter, and protect us from the torment of the fire).”

It is reported about Ibn ‘Abbas that while walking between the Yemeni corner and the Black Stone he used to say:
“Allahumma qanni’nibima razaqtani wa barik lifihi wakhluf ‘alayya kulla gha’ibatin bikhair. (O Allah! Let me be satisfied with what you provided me, O Allah! Bless it for me. O Allah! Substitute every good thing that I missed with something good.” (Reported by Sa’id bin Mansur and al-Hakim)

Reciting the Qur’an in Tawaf:
A person may recite the Qur’an while performing tawaf, because the purpose of tawaf is to remember Allah and the Qur’an is a reminder and a remembrance of Allah.

‘Aishah reported that the Prophet (peace be upon him) said:
“Tawaf (circumambulation) around the House of Allah, walking between Safa and Marwah, and throwing the pebbles at the Jamarahs are instituted for the remembrance of Allah.” (Reported by Abu Daw’ud and Tirrnidhi who considers it a sound hadith)

Excellence of Tawaf:
Ibn ‘Abbas reported that Allah’s Messenger (peace be upon him) said,
“Every day Allah descends a hundred and twenty folds of His Mercy to His slaves who perform Hajj (to His House). Sixty-fold of these are specified for people performing tawaf, forty-fold for those who pray there, and twenty for those who look at the Ka’bah.”

5. Upon completing one’s tawaf, one must offer a two rak’ah prayer at the Station of Ibrahim, reciting the verse of the Qur’an 2.125
“And take the Station of Abraham as a place of prayer.”

This will complete one tawaf around the Ka’bah.
This tawaf is called Tawafal Qudum (Arrival Circumambulation), if a pilgrim is performing a mufrid (single) Hajj. Otherwise it is called Tawaf al Tahayya (Circumambulation of Greeting), or Tawafad Dakhul (Circumambulation of Entry). It is neither an essential condition nor an obligation. For a pilgrim performing Hajj Tamattu’ (combining Hajj and ‘Umrah with a break), or performing Hajj Qiran (combining Hajj and ‘Umrah without a break), it is Tawafal ‘Umrah (‘Umrah Circumambulation), and after having performed it a pilgrim does not need to perform a Tawafal Tahaya or Tawafal Qudum. Such a pilgrim must, however, complete his ‘Umrah making a Sa’i (seven rounds of walking) between the hills of Safa and Marwah.

Kinds of Tawaf:
1. Tawafal Qudum (Arrival Circumambulation).
2. Tawafal Ifada (Return from Mina Circumambulation).
3. Tawafal Wida’ (Farewell Circumambulation). We will deal with it separately at its place.
4. Tawafat Tatawwu’ (Supererogatory Circumambulation).

The pilgrim should make full use of his stay at Makkah performing as much supererogatory tauaf and prayers in the Sacred Mosque as possible. A prayer in it is better than a hundred thousand prayers in any other mosque. In a supererogatory tawaf one may not uncover one’s shoulder or jog. It is sunnah to perform a tawaf of Ka’bah as a salutation to the Sacred Mosque upon entering it, unlike other mosques where on entering them a two rakah prayer is offered as a salutation to the mosque.

Prerequisites of Tawaf:
1) Cleanliness from all major or minor physical impurities.:
The Hanafi school holds that cleanliness from impurities is not a necessary condition, but an obligation which, if not found, may be compensated by a sacrifice. Thus if somone performs a Tawaf in a state of minor impurity his tawaf will be valid, but he will have to offer a sheep in sacrifice. If such a person is junub or ha+id his or her tawaf will still be valid, but he or she will have to sacrifice a camel as a penalty and repeat the tawaf as long as he or she is in Makkah. As to the cleanliness of clothes or body, the Hanafi school takes it as a sunnah only.

Ibn ‘Abbas reported that the Prophet (peace be upon him) said:
“Tawaf is (similar to) a prayer ... but Allah, the Almighty, has made talking for one (engaged in tawaf) permissible. So, whoso speaks (while performing tawaf) should say only good things.” (Tirmidhi and Ad-Daraqutni. Also reported by Al-Hakim, Ibn Khuzaimah and Ibn Al-Sakan as a sound hadith)

‘Aishah reported that the Prophet (peace be upon him) entered her apartment and tound her crying.

He asked her,
“Has your monthly course set in?” That is, are you weeping because you are menstruating? She replied, “Yes.” Upon this the Prophet (peace be upon him) said, “This is a matter inscribed by Allah, the Almighty, for all daughters of Adam. You should perform all the rites of Hajj, except tawaf (circumambulation) - which you should perform after taking a complete bath (when you are clean).” (Reported by Muslim)

‘Aishah also said:
“The very first thing that the Prophet (peace be upon him) did upon arriving in Makkah was to perform Wudu and then make a tawaf of Ka’bah.” (Bukhari and Muslim)

There is consensus that if one suffers from an illness that causes one to be continuously impure physically, such as leaking urine or continuous bleeding in the case of a menstruating woman, one may perform tawaf without incurring any penalty or need for making compensation. Malik related that a woman came to Abdullah bin Umar seeking a verdict.

She said,
“I came to the Sacred Mosque to pertorm tawaf, but when I arrived at the door of the Mosque I started bleeding. So I went away and waited until I became clean, and then returned to the Sacred Mosque. But again when I arrived at the door I started bleeding. I went back and returned when I was clean. But when I arrived at the door of the Mosque I started bleeding again. (What should I do?)” Ibn ‘Umar said, “That bleeding is a spurt trom the devil. You should take a bath, place some pads on your private parts, and then perform your tawaf.”

2) Covering One’s ‘Awrah:
The male should cover from the navel to the knee, and the female all her body except her face, hands and feet.

(Tran) Abu Hurairah reported:
“During the Hajj for which Abu Bakr was appointed the leader by Allah’s Messenger (peace be upon him), before the Farewell Hajj, Abu Bakr sent me with a group to announce the Day of Nahr - the 10th of Dhul-Hijjah - and to proclaim: ‘No idolater nor any naked person shall be allowed to perform tawaf of the Ka’bah after this year.” (Bukhari and Muslim)

3) One Must Complete Seven Rounds of the Ka’bah:
Thus, if one leaves even a single step in any of the seven rounds that round will not be counted. If one is doubtful as to the number of rounds performed, one must assume the least number of rounds, and then complete the seven rounds. In cases where one completes a Tawaf and then finds oneself not so sure about the number of rounds performed, one incurs no penalty nor is required to do anything.

4) One Must Begin and End One’s Tawaf at the Black Stone.

5)When Making Tawaf the Ka’bah Should Be to the Left of the Person Performing Tawaf.

Circumambulating with the Ka bah on one’s right is invalid. Jabir (may Allah be pleased with him) reported:
“When Allah’s Messenger arrived in Makkah, he went to the Black Stone, kissed it, and then walked on its right side. He jogged three rounds and walked the remaining four.” (Muslim)

6) Tawaf Must Be Performed Outside and Around the Ka’bah:
Thus if someone were to walk within the Hijr (Commonly known as Hijr Isma’il, and situated to the north of Ka’bah, it is surrounded by a semicircular wall. Of this, only an area of six cubits (three metres approximately) extending from the Ka’bah is its part) his tawaf will not be valid, because both Hijr and Al-Shazarwan (Al-Shazarwan is the construction contiguous to the Ka’bah to which are fixed the rings holding the Ka’bah cover) are a part of the Ka’bah.

Allah has commanded us to circumambulate around the Ka’bah and not inside it, saying:
“...and circumambulate the Ancient House.” (Qur’an 22.29)

It is preferable, however, to remain close to the Ka’bah, if one can do so easily.

7) Tawaf (circumambulation) should be immediately followed by Sa’i (between Safa and Marwah):
A short break in between the two, however, may be made. A longer interval because of a genuine excuse will also do no harm and is permissible. The Hanafi and Shafi’i schools hold that such a continuance (of Sa’i immediately after tawaf) is Sunnah of the Prophet.

Similarly there is no harm if one performs tawaf in parts and with long intervals in between, and even if it is done without any genuine reason. Such a person may continue the remaining rounds and complete his tawaf.

Sa’id bin Mansur reported from Humaid bin Zaid that he said:
“I saw ‘Abdullah bin ‘Umar go three or four times around the Ka’bah, and he then sat down for a rest, while his servant fanned him. Then he resumed his Tawaf from where he had left it.”

Both Shafi’i and Hanafi schools hold that if one’s ablution is void during the tawaf; one should redo it and resume the tawaf to complete its remaining rounds, regardless of the length of the interval.

It is reported that once Ibn ‘Umar heard the call for prayer while he was performing his tawaf. He interrupted his tawaf and offered the prayers with the congregation. Then he resumed his tawaf from where he had left it.

‘Ata is reported to have given a verdict concerning a person who had to interrupt his tawaf in order to participate in a funeral prayer, saying that such a person may resume his tawaf and complete the remaining rounds.

Sunnah of Tawaf:
It is Sunnah to perform certain acts in tawaf as given below:
1. Facing the Black Stone at the start of the tawaf while uttering a takbir (Allahu-Akbar), and a tahlil (La ilaha illahlah), and raising one’s hands as they are raised in prayers, and if possible touching it with both hands and kissing it quietly, or placing one’s cheek on it. Otherwise. one may touch it with one’s hand and kiss the hand, or touch it with something, and then kiss it, or if even that is not possible, one may just point to it with a stick, etc. as is mentioned in some of the ahadith given below.

Ibn ‘Umar said:
“Allah’s Messenger (peace be upon him) faced the Black Stone, touched it, and then placed his lips on it and wept for a long time.”

‘Umar also wept for a long time. The Prophet (peace be upon him) said:
“O ‘Umar, this is the place where one should shed tears.” (Reported by Al-Hakim, who considers it a sound hadith with a sound chain of authorities)

It is reported by Ibn ‘Abbas that ‘Umar bent down towards the Black Stone and said:
“By Allah! I know that you are a mere stone, and if I had not seen my beloved Prophet (peace be upon him) kissing you and touching you I would have never done so.”

The Qur’an says:
“You have indeed in the Messenger of Allah a beautiful pattern (of conduct).”’ (Qur’an 33.32)

This was reported by Ahmad and others in slightly different words.

Nafi’ said,
“I have seen Ibn ‘Umar touching the Black Stone with his hand, and then kissing his hand and saying: ‘Ever since I saw the Prophet (peace be upon him) doing this, I have never failed to do that.’” (Reported by Bukhari and Muslim)

Sowayd bin Ghaflah said:
“I have seen ‘Umar kissing the Black Stone and touching it.”

He further said:
“I know that the Prophet (peace be upon him) was especially very particular about it.” (Muslim)

Ibn ‘Umar reported that Allah’s Messenger (peace be upon him) used to come to Ka’bah, touch the Black Stone and then say:
“Bismillahi wallahu akbar (In the name of Allah, Allah is the Greatest.)” (Ahmad)

Muslim has reported on the authority of Abu Tufail that he said:
“I have seen the Prophet (peace be upon him) making tawaf around the Ka’bah and touching it with a stick and then kissing the stick.”

Bukhari, Muslim and Abu Daw’ud reported that ‘Umar approached the Black Stone and kissed it.

Then he said:
“I know that you are a mere stone that can neither harm nor do any good. If I had not seen the Prophet (peace be upon him) kissing you, I would have never kissed you.”

Al-Khatabi said:
“This shows that abiding by the Sunnah of the Prophet (peace be upon him) is binding, regardless of whether or not we understand its reason or the wisdom behind it.”

Such information devolves obligation on all those whom it reaches, even if they may not fully comprehend its significance. It is known, however, that kissing the Black Stone signifies respect for it, recognition of our obligation toward it, and using it as a means of seeking Allah’s blessings. Indeed Allah has preferred some stones over others, as He preferred some countries and cities, days and nights, and months over others. The underlying spirit of all this is unquestioning submission to Allah.

In some ahadith which say that
“the Black Stone is Allah’s right hand on earth,”
we do find, however, a plausible rationale and justification for this statement. In other words whosoever touches the Black Stone he pledges allegiance to Allah, as it were, by giving his hand into the hand of Allah, just as some followers do pledge their fealty to their kings and masters, by kissing and shaking hands with them.

Al-Muhallib said:
“The hadith of ‘Umar refutes the assertions of those who say that ‘The Black Stone is Allah’s right hand on earth wherewith He shakes the hands of His slaves.’” God forbid that we should ascribe any physical organs to Allah. The commandment to kiss the Black Stone is meant to test and to demonstrate palpably as to who obeys and submits. It may be compared with the command to Iblis to bow to Adam.

We have no definite evidence, however, to believe that any of the stones used in building the Ka’bah originally (by Ibrahim and Isma’il), is still in existence today excepting the Black Stone.

Crowding at the Black Stone:
There is no harm in crowding around the Black Stone so long as no harm is caused to other people. Ibn ‘Umar used to struggle hard to get through the crowd in order to reach the Black Stone, so much so that sometimes (he was struck on the face and) his nose would bleed.


Fiqh us-Sunnah - Hajj 2013_110
الرجوع الى أعلى الصفحة اذهب الى الأسفل
http://almomenoon1.0wn0.com/
أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
أحمد محمد لبن Ahmad.M.Lbn

عدد المساهمات : 24543
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Fiqh us-Sunnah - Hajj Empty
مُساهمةموضوع: رد: Fiqh us-Sunnah - Hajj   Fiqh us-Sunnah - Hajj Empty06/08/18, 07:22 pm

Continued Chapter 11
The Prophet (peace be upon him) said to ‘Umar:
“O Abu Hafs! You are a strong man. Do not crowd others around the Black Stone. You may hurt a weak person. But if you find an opportunity to reach it in order to kiss it or touch it, do it. If not, then say ‘Allahu-Akbar’ and continue (your tawaf).” (Reported by Ash-Shafi’l in his Sunan)

1) Al-Idtiba’ (Uncovering one’s shoulder):
It is reported by Ibn ‘Abbas that the Prophet (peace be upon him) and his companions declared their intention to perform ‘Umrah from al-Ji’ranah by putting on their ihram (Hajj garb) but leaving their right shoulders uncovered, bringing their ihram up from under their right armpits while covering the left shoulder. (Reported by Ahmad and Abu Daw’ud) The majority of scholars holds a similar view and claims that doing so is helpful in ramal (jogging) while making a tawaf. Malik is of the opinion, however, that doing so is not commended. for it is not a known (practice), nor did he see anyone doing so. There is consensus that it is undesirable in the tawaf prayer (salatul tawaf).

2) Ramal or Jogging:
Ramal means walking fast, vigorously moving the shoulders and taking small steps, giving a sense of strength and energy. Ibn ‘Umar reported that Allah’s Messenger (peace be upon him) jogged from the Black Stone to the Black Stone three times, and walked the remaining four rounds. (Muslim and Ahmad) If a person does not jog in the first three rounds, then he is not required to make it up in the last four rounds. Ramal (Jogging) and idtiba’ (uncovering one’s right shoulder) are prescribed for men only while making tawaffor ‘Umrah. In case of a pilgrim performing Hajj, tawaf is always followed by Sa’i (walking between Safa and Marwah). Shafi’i school holds that a pilgrim, who does make idtiba’ (i.e., uncovers his right shoulder) and performs ramal (i.e., jogs), while making Tawaf al Qudum on arrival and then making Sa’i between Safa and Marwah, is not required to repeat idtiba’ and ramal in his Tawaf al Ifada (after returning from ‘Arafah). If one does not perform Sa’i after making tawaf and postpones it till after Tawaf az-Ziarah (Tawaf of Visit), he should make idtiba’ (uncover his right shoulder) and perform ramal (jog) while making Tawaf az-Ziarah.

Women are not obligated to jog or uncover their right shoulder, because they must properly cover themselves.


Ibn ‘Umar said:
“Women are not obligated to jog around the Ka’bah nor while making Sa’i between Safa and Marwah.” (Reported by Al-Baihaqi)

Wisdom Behind Ramal:
What is the wisdom behind ramal? It is reported by Ibn ‘Abbas that when the Prophet (peace be upon him) and his companions came to Makkah, they were weakened by the fever in Yathrib.

Thereupon the idolators said,
“A people weakened with fever have come to you and they are afflicted with evil.”

Allah the Almighty, informed His Prophet (peace be upon him) about their saying. So he commanded them to jog through the first three rounds of tawaf around the Ka’bah, and to walk between its two corners.

When the idolaters saw the Muslims jogging, they said:
“Are those the people you said are weak because of the fever? They are stronger and sturdier than us!”

Ibn ‘Abbas added:
“The Prophet (peace be upon him) did not command them to jog all through the seven rounds in order not to overexert themselves.”

This was reported by Bukhari, Muslim, and Abu Daw’ud, whose wording is given here. ‘Umar was of the opinion that jogging be stopped as there was no longer any need for it after the Muslims had become strong and powerful. But he decided, however, to leave it (in its original form) so that the future generations of Muslims could share a form and a feeling similar to that observed and felt by early Muslims. Muhibbuddin At-Tabari said: “Sometimes certain instructions are prescribed in the religion for a specific reason, and later even though that specilic reason no longer exists yet the instructions still remain valid.”

Zaid bin Aslam reported from his father that he said:
“I heard ‘Umar ibn Al-Khattab saying: ‘Why jog around the Ka’bah today’? Why uncover our shoulders (in tawaf)? Allah has made Islam strong and powerful, and banished disbelief and the disbelievers, yet we shall never abandon what we used to do in the time of the Prophet (peace be upon him).”

Touching the Yemeni Corner:
This is based on the statement of Ibn ‘Umar in which he said
“I never saw the Prophet (peace be upon him) touching any other parts of Ka’bah except the two corners: The Black Stone and the Yemeni corner.”

And he added,
“No matter how hard and difficult the circumstances, I have not failed to touch these two corners - the Yemeni Corner and the Black Stone - ever since I saw the Prophet (peace be upon him) doing so.” (Reported by Bukhari and Muslim)

A pilgrim making tawaf touches these two corners, and no others, because of their special merits and excellence.

The Black Stone is distinguished by two things:
1. it is placed on the foundations raised by the Prophet Ibrahim (peace be upon him), and
2. it marks the beginning as well as the end of tawaf. The Yemeni corner is directly opposite to it and, like the Black Stone, it is also laid on the foundations raised by Ibrahim.


When Ibn ‘Umar was told about ‘Aishah’s statement that
“Some of the Hijr Isma’il is part of the Ka’bah”

he, Ibn ‘Umar said:
“I think that ‘Aishah heard that from the Prophet (peace be upon him). I think that the Prophet (peace be upon him) never failed to touch them while making a tawaf. These two, however, are not at the foundations of the House, and the people circumambulate around the Hijr because of that.” (Abu Daw’ud)

The Muslim community, however, is in agreement concerning the desirability of touching these two Yemeni corners. A person making tawaf of Ka’bah may not touch the other two corners.

Ibn Hibban has reported in his Sahih that the Prophet (peace be upon him) said:
“The Black Stone and the Yemeni corner cause the sins to be forgiven.”

Offering a Two Rak’ah Prayer After Tawaf:
It is sunnah to offer a two rak’ah prayer after completing the tawaf at the Station of Ibrahim (peace be upon him), or at any other place in the Sacred Mosque, regardless of whether it is a supererogatory tawaf or obligatory one (as in Hajj or ‘Umrah).

Jabir reported that
“When the Prophet (peace be upon him) came to Makkah, he went around the Ka’bah seven times, then went to the Station of Ibrahim and recited the verse (Qur’an 2.125): “And take of the Station of Abraham a place of prayer.”

He prayed behind it, and then went to the Black Stone and kissed it.” (Reported by Tirmidhi who considers it a sound hadith)

In this two rak’ah prayer, it is sunnah to recite Surah Al-Kafirun, in the first rak ‘ah, and Surah Al-Ikhlas in the second rak ‘ah, after reciting Al-Fatihah. (Reported by Muslim and others) These two rak’ahs may be offered at any time of the day and night including the prohibited times.

Jubair bin Mut’im reported that the Prophet (peace be upon him) said,
“O Bani Abd Manaf! Do not prevent anyone from performing tawaf around the Ka’bah. One may pray (in the Sacred Mosque) any time during the day or night.” (Reported by Ahmad, Abu Daw’ud, and Tirmidhi who regards it a sound hadith)

Ash-Shafi’i and Ahmad hold this view.
Though it is sunnah to offer this two rak’ah prayer after the tawaf in the Sacred Mosque, it may also be offered outside the Mosque. Umm Salamah reported that she performed a tawaf around the House riding, but she did not offer the two rak’ah prayer until she had left the Mosque. (Bukhari)

Malik reported from ‘Umar that he offered these two rak’ahs at Dhi Tuwa valley. Bukhari also has reported that ‘Umar prayed (these two rak’ahs) outside the Sacred Mosque.

If one offered a prescribed prayer after the tawclf then he need not offer this two rak’ah prayer. The Shafi’i school holds this view, which is also in accordance with the well known position of Ahmad. The Maliki and the Hanafi schools are of the opinion that these two rak’ahs must be offered and no other prayer can replace them.

Passing in Front of Worshippers in the Sacred Mosque:
It is permissible to offer prayer in the Sacred Mosque while the people, male and female, pass in front of the worshipper. There is no harm in it, and it