Current Legal Issues
Addendum to RULES OF HAJJ
- Q. A person performed umrah tamatu’ ( a visitation
ritual that is obligatory before performing hajj) for
another. Before embarking on hajj rituals, he realised that
it was within his means, right from the time he set out from his
home town, to perform [obligatory] hajj for himself. Should
he carry on with completing what he was charged with, i.e. to
perform hajj by proxy, or perform hajj for himself? On
the assumption that it be obligatory on him to perform hajj
for himself, where could he wear ihraam for umrah tamatu’?
What will the ruling be if he became financially capable after the umrah
that he performed as agent and before the onset of hajj
- On the first assumption, if he was sure of his financial position
that he would be able to perform hajj for himself the
following year, he should fulfil what he was hired to do, i.e.
complete hajj as a proxy. Otherwise, he should perform hajj
for himself. Ihraam for umrah tamatu’ should be worn
from the miqat (appointed place/s where pilgrims are supposed
to put their ihraam on as a first step to performing umrah
and hajj rituals). The same applies when he becomes
financially capable after performing umrah on behalf of
others, provided such capability comes about from sources other than
the wages of ijarah.
2. Paying Khums on Expenses Arising from Hajj
- Q. Suppose khums was due on the money set aside for
making the journey for hajj, would paying khums on
this money become obligatory, so that hajj is rendered valid,
provided khums is paid on the rest of the wealth after
- It is not permissible to delay payment of khums as it
amounts to usurpation that is haraam. However, if did he set khums
due on hajj money aside and performed hajj, it is in
order. However, he be deemed sinful for delaying payment of khums
on the rest of his wealth.
3. Making a Will of Performing Hajj
- Q. Is making a will, by appointing someone, who is physically
disabled, to perform hajj, for the mukkalf after their
death, in order?
- [There are three assumptions]. Either the person who made the will
did not know of the disability [ of the agent]; or it (disability)
could have happened after the will had been made and he did not know
of it until his death; or it could have come about after the death
of the person who made the will. There is no problem with all these
assumptions, i.e. the will is in order. However, if the will was
made with the knowledge that the agent was disabled, yet the
mandatory did not pay attention to this fact, the will is batil,
and thus unenforceable. If, however, the subject of the will was hajjatul
Islam (A Muslim’s maiden pilgrimage to Makkah, that is
obligatory), combining the enforcement of the will and deputising an
able-bodied person [to perform hajj] should be carried out.
Expenses [for the hajj journey] should come of the estate of the
deceased, as a matter of ihtiyat wujubi [luzumi]. If the hajj
was mustahab (a voluntary, and meritorious, act of worship,
as opposed to wajib - obligatory one), expenses arising from
the enforcement of the will should come of the ‘third’ of [the
4. Rules of Hajj by Proxy
- Q.1 What is the ruling on appointing a proxy, whose physical
disability, that could prevent him from carrying out an optional
act, is well known? However, the person who made the deputation did
not know this fact. The case concerns hajjatul Islam.
- His hajj does not suffice. Also, it shall not compensate
[for the actual act of worship].
- Q.2 What is the ruling on hiring a physically disabled person
in the matter of the previous question and the two assumptions
discussed in Article 113 of Manasikul Hajj, in the case of a mustahab
- There is no objection to [performing such a hajj] in the
three suggested manners, if the proxy was physically able to perform
accurate hajj for himself.
- Q.3 Is it obligatory on the proxy to carry out acts of worship
pertaining to hajj according to his taqleed ( the
following, by a lay person, of a Mujtahid - Jurist - in
matters of religious practice), or according to that of the person
who made the deputation?
- He should act according to his taqleed. Of course, the
proxy should act according to the explicit instructions of the
mandator. That is, the mandator could ask him to act according to
what he believed correct. He also could leave it to what the proxy
sees fit. The proxy, therefore, should, be within these bounds,
unless he was sure of the imperfectness of acts of worship[according
to the instructions of the mandator].
- Q.4 A person wanted to perform hajj as a proxy on
voluntary basis. Is it obligatory on him to uphold hajj
rulings of his own ijtihad/taqleed, or those of the person he
- If there were no constraints imposed, he should perform hajj
in pursuant to his own taqleed. Of course, in a situation of
a will, where it stipulates [which taqleed] to follow, he
should comply with the condition. If it was at variance with his taqleed
or his own ijtihad, he should act according to ihtiyat,
in that he should act according to both.
5. Rules of Appointing a Proxy
- Q.1 Is it conditional for the validity of deputation that the
proxy be known in person by the mandator?
- If the would-be proxy was not known, the deputation is not in
order. However, if he was known but the mandator does not know him
in person, as in the case of appointing someone who is known by
someone else, the deputation is in order.
- Q.2 Is deputising organisations in order?
- If the deputation is made for a certain title within the
organisation, such as its head, it is in order, even though the
holder of the title may change from time to time. The same ruling
goes for any other title within the organisation. Otherwise,
deputising the organisation per se is not in order.
- Q.3 Is it permissible for one person to be the deputy of both
the parties to a sales agreement?
- There is no harm in it.
- Q.4 A group of pilgrims co-opted a pilgrim to be their deputy
to buy a sacrificial sheep for each one of them. Is it obligatory on
him to appoint the sheep of each one of them when buying and
slaughtering take place, or purchasing the number of sheep required
and slaughtering them without appointing, would suffice?
- It is necessary that the name of each pilgrim be pronounced when
slaughtering the sheep that belongs to him takes place.
- Q.5 During hajj pilgrims form committees to shoulder the
responsibility of slaughtering sacrificial sheep. This is done to
minimise the numbers going to the slaughterhouse, and thus lessening
the chances of pilgrims getting separated from their fellow
pilgrims. Since it is either impossible of difficult to take
portions of the carcass for every pilgrim to eat some of it, where
does this leave those who take it upon themselves to act as proxies
for other pilgrims, [should they fail to carry back a share of the
- It is patently evident that it is not obligatory on the pilgrim to
eat part of the carcass of the sheep he sacrificed.
6. Types of Umrah and their Rules
- Q. A pilgrim performed umrah Mufradah and headed for Arafat,
which is outside the parameter of the haram (holy precinct of
Makka), to attend to some matters concerning pilgrims, not
for wuquf (devotional stay at Arafat, as part of hajj
rituals). Is it obligatory on him to wear ihram for an other umrah
mufradah, if he has already performed umrah mufradah in
the same month. On the assumption of it being obligatory, where
should he wear ihram?
- Going to Arafat and other places [outside the parameter of
the haram] is permissible as long as the month [Thil Hijja]
has not come to an end. If it did, the pilgrim has to wear ihram
for another umrah from the nearest point [miqat]
7. Forbidden Acts During Ihram
- Covering the Head
- Q. If covering the head was recurrent in each ihram,
should kaffarah (atonement or expiation) be repeated [for
- It is likely that one kaffarah for each ihram
- Q.1 If someone else cast a shade over you while you are
walking, is kaffarah obligatory?
- If one cannot get out of the shade, there shall be no kaffarah.
If you were able to get out, and you did not, even for
forestalling a harm, kaffarah is obligatory.
- Q.2 On the assumption that the pilgrim got under the shade
of an umbrella [used by others] through no choice of his, is it
permissible or not?
- It is permissible, unless there are reasons, as in the case
discussed in the preceding question, that may require the
8. Rules of Kaffarah
- Q. Suppose a kaffarah was due on a pilgrim. He delayed
it, either deliberately or inadvertently, until he went back to his
home town. Is the delay permissible? If he carries out the kaffarah
after his return, does he need to uphold conditions of slaughtering
sacrificial sheep as if it was done in Mina, i.e. the sheep
be sound and healthy?
- The places where a sheep can be slaughtered by way of kaffarah
are either Mekka or Mina. The details of this matter
have been discussed in article (283) of Mainsail Hajj. It is,
therefor, obligatory to carry out slaughtering there. However, if
this was not done until one’s return to his home town,
slaughtering would be permissible wherever he liked. In this case,
conditions of the sacrifice should not necessarily be adhered to.
9. Rules of Tawaf and its Prayer
- Q.1 If one was in doubt as to whether or not he has performed tawafun
nisa’ (Lit., women’s circumambulation), hajj or umrah
mufradah, after his return from Mekka, after his
return from Mekka, what should he do?
- He should return and perform tawafun nisa’ by himself. If
this was not possible or proved difficult, he should deputise
someone else to perform it for him. [Approaching] women would not be
halal, unless he carried it out either by himself or by
proxy. Allah is All Knowing.
- Q.2 Someone did not fulfil the conditions of carrying out any
one of the laps of [the seven circumambulations around the Ka’ba]
by, say, setting his face in the direction of the Ka’ba
either on purpose or as a result of having been pushed around by the
multitudes. Is it necessary that he retakes it and those laps that
- If the mistake was done by entering the Stone, it is obligatory
that he repeats the whole lap. If it was done as suggested by the
question , he should carry on and rectify the mistake immediately,
if he still was on the spot [where the incident took place]. As he
starts a new lap, he should repeat the whole lap where the mistake
happened. However, it is not obligatory to repeat the following
- Q.3 A pilgrim got mixed up as to the number of laps he has done
either in tawaf or sa’y (seven laps of brisk walking
between the mounts of Safa and Marwah - An obligatory
part of hajj). Would that part of the lap where the doubt
arose be sufficient [to be considered a complete one], or one should
resume from wherever he remembered, or from the start of the lap?
- There is no objection to continuing, albeit with the doubt
lingering in the mind, if the doubt was removed after-wards.
- Q.4 Would separating tawaf from its prayer to attend
congregational prayer, which may last some half an hour, render tawaf
- Evidently, separating [tawaf and its prayer] by performing
congregational prayer does not invalidate [tawaf]. There is
no harm too in saying congregational prayer, even in between the
laps of tawaf itself.
- Q.5 A pilgrim realised, after taqseer (cutting one’s
hair, clipping one’s moustache or beard, or cutting off nails) and
ending the state of ihram that his tawaf was batil
- If tawaf of umrah was rendered batil, this
would not necessarily mean that one comes out from the state of ihram,
albeit he has done taqseer. He should, therefor, take off all
sewn clothes and abstain from all acts forbidden during ihram.
Tawaf, its prayer sa’y and taqseer should
also be performed. There is, however, no need for renewing ihram
from the miqat.
- Q.6 Does separating tawaf from its prayer render hajj
or umrah batil?
- Non-separation is common place, though this should be the case as
a matter of ihtyat luzumi. However, infringement thereof
would not render hajj or umrah incorrect per se.
If, however, the infringement was committed deliberately, there
should be a renewing of tawaf and its prayer as a matter of ihtiyat.
Should time elapse so much so that he could not do anything, his hajj
is rendered batil as a matter of ihtiyat. Also, the
infringement could occur due to ignorance, of the wilful kind,
relying on a legal proof, or due to forgetfulness that caused him
not to remember until after prayer. In such cases tawaf and
its prayer are in order and no penalty shall be against him. The
same ruling applies if he was forced to separate the two [for
reasons beyond his control].
10. Rules of Sa’y
- Q.1 Would sa’y on level two [of the track between Safa
and Marwah] be in order?
- Yes, if the pilgrim, who is performing sa’y, ends up on
either side of mounts Marwah and Safa and can still
- Q.2 Someone appointed a proxy to perform sa’y for him.
The mandator, himself, should have been in a state of ihram,
if he were to perform sa’y. Should the deputy perform sa’y
in a state of ihram? What is the ruling if the deputy has
volunteered to do it [i.e. not a hired one]?
- It is not obligatory.
- Q.3 What is the ruling on an incident, during sa’y,
where a pilgrim turned his back on some [object or direction] which
he should have faced?
- Provided it is not too late for adhering to the succession [of the
laps], he should rectify the situation by repeating the part where
the doubt crept. Should it be too late for realising the succession
according to urf, the entire sa’y must be repeated
as a matter of ihtiyat luzumi.
- Q.4 If a lap was repeated, would the niyyah be as adaa’
- The niyyah should be adaa’ not qadhaa’.
- Q.5 A mukallaf performed tawaf at the start of
sunrise or sunset. Is it permissible for him to delay sa’y
until before sunset of the next day? That is, is it permissible to
delay sa’y for such a period?
- Optionally, it is not permissible to delay [sa’y] until
the following day. A delay of few hours is in order.
11. Wuquf at Arafat and Muzdalifa
- Q.1 If the mukallaf made niyyah for wuquf
at Arafat or Muzdalifa, then slept the entire time,
would his wuquf be in order?
- If the niyyah was made at the start of time, then he slept
till its end, it is in order. If the niyyah was made before
the onset of time, then he slept the whole time, the [partial] wuquf
shall not make up for the [prescribed] one, as a matter of ihtiyat
- Q.2 The opinion of the late Ayatullah al-Udhma as-Sayyid
al-Khoei (May his soul rest in peace) was that it be sufficient
for women to do wuquf at the holy Mash’ar [Muzdalifa],
albeit nominal. What is your eminence’s opinion on this case?
- Yes, it is sufficient for women to do nominal wuquf at Muzdalifa
on the eve of Eid (Festivities of Sacrifice).
12. Staying Overnight at Mina
- Q.1 A pilgrim in a state of ihram spent part of the
twelfth night at Mina until morning. He then threw stones at Jamarat
that morning. Is it possible for him to return home, to Makka,
for the period from the same morning till before noon time to do nafr
(hastening on) from there in the afternoon?
- It is permissible for him to go to Mekka,, provided he
leaves behind (at Mina some of his belongings, should he have
any. It is obligatory on him, though, to return to Mina for nafr.
- Q.2 A pilgrim, who is allowed to do rami (throwing
stones at Jamarat) on the night of the twelfth [of Thil
Hijja], did just that. He then went to Mekka. Is it
obligatory on him to return to Mina the following day (12th
of Thil Hijja before noon time to do nafr in the
- Yes, it is obligatory. If he wanted to go to Mina, where he
has belongings, from Mekka, it is obligatory that he leaves
some of it behind.
- Q.3 A woman pilgrim did rami of the three Jamarat
at the night of the 12th. She then returned to Mekka before
dawn. Is it obligatory on her to return to Mina the following
day (12th) for wuquf till noon?
- The question assumes the permissibility of carrying out rami
of Jamarat during night time. That is, for people who fear
for themselves from the masses during day time, such as women, the
feeble, and children. This is the opinion of Ustath
(professor) as-Sayyid al-Khoei (May his soul rest in
peace). However, the option to do rami during night time,
barring Jamrah of Aqabah on the eve of the Eid,
is confined to those who have reason not to stay at Mina for
the rami during day time, such as the fearful, the shepherd,
and the slave. As for women, the feeble, and sick, etc. who cannot
perform rami during day time because of the crowds, they
should deputise some other people to do it for them. On a premise of
preferential ihtiyat, combining both, the rami during
night time and doing it by proxy during day time, should be the
Returning to the first assumption, it is not permissible for him who
did the rami at the night of the 12th to do nafr after
rami. Suppose they left Mina for Mekka to do tawaf
or any other business, it is obligatory that they return to Mina
to do nafr ba’daz zawaal of the 12th day. They also have
the choice to do nafr after performing rami on the day
of the 13th. This is further explained in the answer to the
- Q.4 A man pilgrim did the rami in the morning of the
12th. He then returned to Mekka. Should he return to Mina
- If the pilgrim left Mina after doing rami, that is
before zawaal, and he had some business to attend to there,
such as leaving his luggage, he has to return. Rather, as a matter
of ihtiyat, returning is obligatory, even though not out of
necessity. However, it is patently evident that it is permissible to
leave Mina on the first assumption, and, as a matter of ihtiyat
luzumi, abstaining from it on the second assumption. At any
rate, it is not necessary that he returns to Mina before zawaal,
rather it is permissible to do it after zawaal too. This is
because that which is of consequence is for nafr not to be
done before zawaal. So returning to Mina after zawaal
is in order so that his nafr from there be before sunset of
the same day, or after rami on the 13th day.
13. Rules of Hady (offering) and Slaughtering
- Q.1 Would prevention by law, of slaughtering at Mina be
sufficient to realise the inability to carry out slaughtering there,
especially, if there was reason to believe that a financial or
physical harm could ensue, should the law be broken?
- Fear of consequential harm for breaking the law should lift the
obligation of slaughtering at Mina. It must not be
understood, though, that slaughtering elsewhere would make up for
slaughtering in it. However, what makes slaughtering elsewhere in
order is [indeed] Mina’s small capacity to host all
pilgrims as discussed in Manisikul Hajj. Apparently,
slaughtering was made impossible, for the reasons mentioned in the
question, not for the smallness of Mina? Therefor, combining
both slaughtering outside Mina and fasting in lieu of hady
(sacrificial offering) should be in order, as a matter of ihtiyat
- Q.2 A pilgrim secured the value of the share of the poor and
the believers (mu’mineen) in the hady. What is the
basis of evaluation? Should it be before or after slaughtering?
- What is of importance is securing the value after slaughtering.
- Q.3 Nowadays, it is not feasible to divide hady into
three shares. Even the authorities prevent the owner of hady
to eat from it. Similarly, they prevent distributing hady on
the poor and the believers. What should one do?
- What is obligatory, that must not be fluted for reasons of ihtiyat,
out of the said division is giving the third [of hady] to the
poor. As for eating of one’s own share and giving some of it out
for present to others, they are not obligatory. Giving the third
party by way of sadaqah can cease to be operative, should it
become impossible or difficult.
14. Rules of Rami of Jamarat
- Q.1 The presence of women and the feeble from men, when doing Rami
of Jamarat, may result in putting t hem in harm’s way. It
may lead to death because of the multitudes. Can a husband or others
do rami for them?
- As suggested by the question, women and the feeble perform rami
of Jamrah of Aqaba themselves on the eve of Eid.
If it is not feasible, they could deputise someone to do it for them
during daytime. As for rami on the 11th and after, they
should ask someone to do it for them. Their own rami during
night time would not be sufficient. It is preferable that the
mandator be present to witness rami.
- Q.2 Would using a suspect pebble [i.e. for fear of it having
been used for rami] be in order?
- Yes, it is in order.
- Q.3 Would rami, that is carried out from level two, be
- On the premise of ihtiyat, rami of Jamarat should be
done to those parts of them that were at the time of the Prophet (s.a.w.)
and the Imams (a.s.), which are now way away from the level of
ground because of the height of their bases. If one was unable to do
rami at those parts, as a matter of ihtiyat, one
should resort to combining both the deputation to do rami on
one’s behalf and doing rami at the exposed parts
- Q.2 Is it permissible to do rami of Jamrah Aqaba
from all sides?
- It is obligatory to do ramy of Jamrah Aqaba itself,
i.e. it is not permissible to throw pebbles at the wall supporting
it from the back.
15. Shading for Men (This section has been
reproduced from Manasikul Hajj.)
269. Shading is of two types:
- By using movable objects, such as umbrella, the roof of a coach or
an aeroplane. This is not allowed for a man in a state of ihram,
if the shade is above the head. However, it is allowed to remain
under the shade of a moving cloud, or if the shade falls only on one
side of his body. That is, pedestrians can walk beside a car
producing a shade on one side or the like. As a matter of ihtiyat,
passengers must avoid shade unless the shade from objects producing
it from both sides is so short that it does not cover the head and
chest of the pilgrim.
- By being under fixed objects like the shade of walls, tunnels,
trees, mountains, etc. It is allowed for a pilgrim in a state of ihram,
whether riding or on foot, to be under such shades. There is no
objection to protecting oneself from the sun with one’s bare
hands. However, as a matter of ihtiyat, it is better to avoid
270. Avoiding cover means no protection be used against the sun and
rain; the latter is based on the premise of ihtiyat. However,
there is no objection to protecting oneself from wind, heat, cold, etc.,
although avoiding protection is recommended as a matter of ihtiyat.
It means that there is no harm in boarding a roofed bus during night,
even if it is not raining, as a matter of ihtiyat. That is, even
though the bus could provide protection from wind, for example.
271. What has been discussed of shading being not permissible is
confined to walking to cover a distance. However, if the pilgrim, in a
state of ihram, stops at a place, be it he has taken it for
accommodation or not, such as stopping en route to meet friends or for
rest, etc., there is no ishkal in his staying under the shade.
- Q. Is it permissible for a pilgrim to seek cover under moving
objects, once he settles in a place and goes about his business? To
give an example, one could have settled in Mekka and went to
the Grand Holy Mosque (al-Masjidil Haraam) to do tawaf
or sa’y: or he could have settled in Mina and went
to the abattoir or jamarat. Is it permissible for him to
travel aboard a roofed bus, or use an umbrella?
- To say it is permissible could be very problematic (mushkilun
jiddan). Accordingly, ihtiyat should be adhered to,
[i.e. One should avoid doing so].
273. If a pilgrim resorted to protecting himself against rain or sun,
kaffarah is payable. Apparently, there is no difference whether
the act was committed out of choice or due to an emergency. If the act
[of protecting oneself] is committed more than once, kaffarah
becomes payable for every day, as a matter of ihtiyat. However,
apparently one kaffarah for every ihram will do. One sheep
would suffice for a kaffarah.