by Mufti AH Elias
These laws will aid that scholar, student and hajji travelling for Hajj this year.
Please keep safe and abide by these laws.
1.Hajj is the Ibaadaat relating to the body and wealth.
2. Once Hajj becomes Fardh it should be performed, can be delayed. There is no Qaza thereof.
3. It is haraam to purposefully discard a waajib.
4. On women, two conditions apply:
a. Travel with ‘Mahraam’.
b. Not to be any ‘iddat’.
5. A woman does not require the permission of her husband to travel with a mahraam, for Hajj. However, according to the Shaafi school she has to have permission of her husband.
6. Purpose of Mahraam is to protect the female.
7. The whole area is Arafa besides valley of Arna.
8. Wuqoof Arafa is from Zawwal until starting of Fajr.
9. Wuqoof Arafa is valid when done for a moment of moment; knowingly or unknowingly;
awake or asleep; conscious or unconscious; walking or standing; riding or on foot; being
carried or on a wheelchair or passing through or under the tent.
10. In the chapter of Hajj it is jaiz that one person’s walking is sufficient for two, like two persons can ride on one camel.
11.According to us, it is not fardh to be pure for Tawaaf Ziyaraat but waajib. Thus without ‘Taharaat’ – tawaf is permissible. According to the Shaafi school, tawaaf without tahraraat is not valid.
this will have an impact on Tawaf Ziyaraat for that lady in haiz who has to take a flight. We say, as a last resort, she will make qhusal, use a good tampon (etc), make Tawaf Ziyaraat and give ‘Budhana’ as penalty.
12. It is not a condition to make tawaf consecutively (one immediately after another), if, whilst making tawaf, one attends to fardh salaat, janaza salaat, tahajjud or wudhu breaks then one will continue from where one stopped – there is no need to start all over again.
13. Raml is sunnat in that tawaaf, which is followed by a Saee.
14. It is makrooh to read poetry or talk whilst making tawaaf: Rasulullaah (S.A.W) said:
‘the tawaaf of Baitullaah is salaat, thus speak less’ and ‘whosoever wants to talk in tawaaf
should say nothing besides good’.
15. It is makrooh to recite Quraan Majeed whilst in tawaaf. Can do so softly.
16. No problem with making tawaaf with shoes or socks provided they are pure.
17. It is not permissible to discard action of Kitabul Allaah due to ‘Khabar-e-Wahid’.
18. It is best to perform Tawaaf-e-Ziyaraat on the first day of Ayyam-e-Nahr.
19. The greater number of circuts are fardh for Tawaaf Ziyaraat. That is three complete and more of the fourth. To complete seven is waajib; not fardh. Therefore, on completing 3+ if one has sex then ‘Budhana’ is not compulsory but goat. Hadhrat Imaam Shaafi (R.A) says:
that all seven are fardh.
20. If one left out four circuts in Saee without excuse then Damm is compulsory.
21. Whilst performing Saee one did not reach Safa Marwa then it is Makrooh but no penalty, for, to ascend Safa Marwa is sunnat, its discarding is makrooh, like leaving Raml (without shari valid reason) in tawaaf is makrooh.
22. Saee quantity is seven circuts. this was the action of Nabi (S.A.W) from Safa to Marwa and Marwa to Safa.
23. When one has the ability to walk then to walk the Saee oneself is Waajib. If discarded then one Damm becomes compulsory – like Tawaaf.
24. If one started from Marwa then no Damm is compulsory. like setting the sequence wrong for Ramee.
25. If one delays Saee no Damm becomes compulsory as long as one does not go home without its performance. Then Damm becomes compulsory.
26.If one has sex before Saee then no problem. Thus one after Tawaaf-e-Ziyaraat performs 1/2/3+ circuits and returns to Mina or performs 1 or 2 circuits and has a break then another circuit then returns to Mina and in all cases stated above, performs Saee in piece-meal then it is permissible. e.g. two circuits one day and another two on another day and so on.
27. Wuqoof Muzdalifa is from the starting of Fajr and Day of Nahr till Rising of the Sun. This is Waajib. To stay in Muzdalifa in the night is Sunnat. Hadhrat Imaam Shaafi (R.A) says
Wuqoof-e-Muzdalifa, Tawaaf Ziyaraat and Ramee of big Jamaraat all start from the latter half of the night of Nahr.
28. If someone left Muzdalifa after starting of Fajr and before Salaat of Fajr to Mina then he has not done good but no penalty.
29. Discarding Wuqoof-e-Muzdalifa with a Shaari valid reason will not make Damm necessary.
e.g sending the women ahead to Mina.
30. Ramee on the first day starts from Subhus Saadiq and ends before Zawwal.
31. Those who accompany the ladies to Mina do not give Damm for not staying for the Wuqoof of Muzdalifa.
32. If a person did not pelt on the Day of Nahr so much so that the Sun set, but did so before the
next days Subhus Saadiq commences then no Damm becomes compulsory.
33. On the Days of Tashreeq the time of Ramee is after Zawal not before. On the third day it is permissible before Zawwal best after Zawwal.
34. If in these days anyone delayed and did it before the starting of Fajr of the next day then it is permissible without Damm. For Ramee is permissible even in the night.
35. One can depart on the second Day of Tashreeq until the starting of Fajr and the third Day. Once the third day’s Fajr sets in and you are in Mina then it is not permissible to depart without pelting.
36. To drop pebbles near the Jamaraat is sufficient.
37. There is no ‘Halq’ for women only trimming.
38. Tawaaf-e-Widaa is Waajib. For Shaafi’s it is Sunnat.
39. One has to perform Asr after Zuhr in Arafaat.
40. Combination of Zuhr and Asr has to be done under the Khalif or his Deputy, otherwise not valid. In these times, only valid when you are following the Imaam of Masjid-e-Namira, not in tents.
41. After Salaat of Asr in Arafat no specified, stipulated Duaa has been prescribed. Whatever
man wants should be asked. Avoid reading like parrots what one does not understand.
42. Every Ramee after which on that day there is no other Ramee no Duaa is made and vice versa. This is the ‘usul’.
43. If a person without Ihraam crosses one Meeqat and then without performing no act of Hajj returns crossing another Meeqat no Damm becomes necessary.
44. It is permissible to sit in the shade of the tent.
45. It is not Makrooh to wear gloves.
46. If the Muhrim used olive oil on some wound as medication then no Kafara even though olive
oil can become a perfume, per se it is not perfume.
47. Hadhrat Abu Razin (R.A) narrates that he asked Nabi (S.A.W) that as his father was old; he
did not have the ability for Hajj and Umrah and cannot undertake a journey. Rasulullaah
(S.A.W) replied, ‘Perform Hajj or Umrah on your Father’s behalf.’ Narrated by Tirmidhi and
he said that the Hadith is good (Hassan) and correct (Sahih) as in Mishkaat,
[Badau’as Sanaii – Allamah Abu Bakr Allauddin Kasaani (A.R) Vol. 2]
48. Wet dream does not break Ihraam. Wash cloth and make Ghusl.
49. Talbiyaah should be recited individually and not collectively.
50. It is Masnoon to make Istibaa in the Tawaaf followed by Saee, whether it is a Hajj or Umrah tawaaf.
Kindly pass on to all, especially those who are going for Hajj.