Among all the acts
of worship (furoo-e-deen), Hajj is the only worship, for
which a complete surah (Surah Hajj) is revealed in the Holy
Quran. Hajj is also the only worship, which, if started,
must be completed and can not be left half-done, even if it
is a Mustahab Hajj (unlike Mustahab Sawm, which can be
broken anytime, if necessary, without any sin). The
pilgrimage to Mecca (hajj) is one of the fundamental
obligations in Islamic laws. The holy Qur’ăn has clearly
mentioned this obligation.
list of Ayats click here
it is for the sake of Allăh [a duty] upon the people to
do the pilgrimage of the House—whosoever has the ability
[to travel] to it. And whosoever is ungrateful, then
surely Allăh is free from need of the universe.”
the Hajj is incumbent upon mankind for the sake of
Allah, for those who can afford to undertake journey to
it; and whoever denies, then surely Allah is
Self-sufficient, independent of the worlds", Surah Ale
Not going to Hajj is -'A
Greater sin ' |
Importance of Hajj
Hajj Booklet - Moulana Sadiq Hasan's book
Is Hajj Obligatory
IMPORTANCE OF HAJJ
Among all the acts
of worship (furoo-e-deen), Hajj is the only worship, for which
a complete surah (Surah Hajj) is revealed in the Holy Quran.
1: If a person, on whom Hajj has become wajib, does
not perform Hajj and dies, he/she will die as a Christian or
Hadees 2: If Hajj becomes wajib on a
person and it is not performed, then he/she will be raised
as a Christian or Jew on the day of
Hadees 3: When a person, on whom
Hajj becomes wajib, completes the Hajj properly, his/her
sins are forgiven such as if he/she is a newly born
Hadees 4: When a person completes a
Hajj properly, his/her every dua is accepted for four
The Almighty has
compared the negligence of hajj to ingratitude because of its
importance. Hajj is one of the five pillars on which Islam is
based. In a noble hadíth, Imam al-Băqir (a.s.) said,
based on five pillars: on prayer (salăt), alms (zakăt),
pilgrimage (hajj), fasting (sawm), and devotion [to the
Ahlul Bayt] (wilăya)." 1
Imam ‘Ali bin Abi
Tălib (a.s.) advised about hajj by saying,
neglect the pilgrimage to the House of your Lord;
otherwise you will perish." 2
people neglect the pilgrimage to the House, the
chastisement will overwhelm them and they would not be
warned [about it].” 3
This is so because
neglecting hajj while the person is in a position to fulfill
all its conditions is a great sin.
A hadíth says,
person is capable of doing the pilgrimage but does not
do it, he has indeed flouted a law from the laws of
keeps postponing hajj until he dies, Allăh will
resurrect him on the Day of Judgment as a Jew or a
Wasa'ili 'sh-Shi'a, vol. 1, p. 20.
2. Ibid, vol. 11,
3. Ibid, p. 22.
4. Ibid, p.
5. Shaykh as-Sadűq, Muhammad bin 'Ali Ibn
Babwayh, Man La Yahdhuruhu 'l-Faqih, vol. 4, p.
More Hadith click here
1) Notes of Lectures on FIQH
Maulana Sadiq Hasan
HAJJ BECOMES WAJIB ?
Hajj becomes wajib
only when a Muslim attains certain capability (Isteta’at) as
defined by Islamic sharia. Hajj is therefore a conditional
wajib (wajibe mashroot) act as opposed to absolute wajib
(wajibe mutlaq) acts such as salat and sawm. Another example
of conditional wajib act is Salatul Juma (Friday Prayer). For
conditional wajib acts, it is not necessary for a person to
deliberately create the conditions for the act to become
If a person does not attain the required
capability (Isteta’at), then Hajj is not wajib on him/her. If
such a person performs the Hajj without the required
capability, then his Hajj is OK, but he has to perform the
Hajj again in future if and when he attains the required
It is not wajib on a person to
try to achieve the required capability in order to perform
Hajj. This is not the case for other acts of worship such as
wudu for wajib salat, for which it is wajib to try to get the
water for performing wudu.
The wajib Hajj is of two
types depending upon how it becomes wajib:
Isteta’ei (wajib when attaining required Isteta’at
(2) Hajje Bazli (wajib when
someone gifts sufficient money to someone for
When someone gives
you sufficient money as a gift for performing the Hajj, then
it is wajib for you to accept the gift and go for Hajj. For
example, if husband is willing to pay for his wife or for his
baligh child for Hajj, then it is wajib for the wife or that
child to go for Hajj. If they go to Hajj with this gifted
money, then they have performed their wajib Hajj and need not
go again even if they get their own sufficient money in
If someone is giving sufficient money as a gift
to someone without putting a condition to go for Hajj, then it
is not wajib for the receiver to accept the money. But if he
accepts and the money is sufficient and other conditions of
isteta’at exist, then he has to go for Hajj.
person, on whom Hajj is not wajib (e.g. na-baligh person, or
when the passage is not safe), performs the Hajj somehow, then
he will get the sawab of that Hajj, but he will have to go to
do his wajib Hajj in future when Hajj becomes wajib on him.
CONDITIONS OF ATTAINING CAPABILITY
(ISTETA’AT) FOR HAJJ
There are four
types of capability (isteta’at) which must all exist for the
Hajj to become wajib. Such a wajib Hajj is called
Hajj-e-Islam. These capabilities are:
(2) Passage Capability
(3) Physical Capability
(4) Financial Capability
Capability means that the person must be aqil (sane)
and baligh Islamically.
Capability means that the passage for going to Hajj
and return must be secure and safe without any danger to life.
This also includes getting the visa. If passport or visa is
denied, Hajj is not wajib.
Capability means that the person must be physically
fit to perform the Hajj. If a person has sufficient money to
perform the Hajj, but he is physically unfit and does not
expect to become fit in future, then it is wajib for him to
send someone else to perform the Hajj on his behalf. This is
the only situation when a person can perform a Hajj on behalf
of a living person. But if the unfit person gains health in
future and gains physical capability, then he must perform the
wajib Hajj himself if other capabilities (financial, mental,
passage) also exist. According to some marja, if he is
physically unfit now, he has to send a naib (representative)
to do Hajj on his behalf as well as perform Hajj himself later
on when he becomes fit, if other capabilities also
Financial Capability means that
the person must fulfill the following conditions:
(a) Has expenses
for to-and-fro travel to Mecca
(b) Has funds for local
(c) Has funds to maintain his dependants during
his absence due to Hajj
(d) His source of income or any
job is maintained after returning from Hajj
When the financial
capability is attained by having a certain amount of funds to
meet above expenses (say $5000), then it is wajib to go for
Hajj, even if you spend lesser amount during the completion of
your Hajj. But if you did not have the financial capability
(by not having the required amount, say $5000), and if you
still went ahead somehow and performed the Hajj, then you will
have to perform the wajib Hajj again in future when you gain
financial capability (plus other capabilities).
had become wajib on a person once in the past, but he did not
go to Hajj at that time, then it remains wajib on him even if
he loses the required capabilities later on, and in such a
case, he has to go and perform the Hajj even with hardships
and with any minimum amount of funds possible.
not necessary that the required funds for expenses for Hajj
should be available in cash in hand. Two cases will clarify
Case 1: If the Mahr of a
woman, fixed at the time of marriage, is of sufficient amount
to perform the Hajj, and the agreed time of Mahr payment has
also come, then it is wajib on her to claim the Mahr from her
husband, and use it to perform Hajj.
2: If you have given a loan to someone, and the amount
is sufficient to perform Hajj, and the time of loan return is
due or the borrower is willingly to pay even before due date,
then it is wajib on you to claim the loan back from that
person, and use it to perform Hajj. And if the borrower
refuses to return the loan, then it is wajib to take him to
court or use other legal means to get back the loan in order
to perform the Hajj. And if he is incapable of returning the
loan, then you must try to find a person who can purchase that
loan and give money to you on agreed terms. If Hajj has become
wajib on you due to the loan money, then it is also not
allowed to forgo the loan or gift away the loan to the
borrower if the amount insufficient for Hajj and, without it,
you can not do your Hajj.
TIME REQUIRED FOR HAJJ
Lecture # 8 (Friday 3
the capability (Isteta’at) for Hajj (passage, physical and
financial capabilities), the decision about capability should
be based on the minimum time required for Hajj. According to
sharia, after reaching Mecca, the minimum time required for
completing all acts of Hajj is 5 days (8 to 12 ZilHij).
However, according to current Saudi laws, one must enter Mecca
before 5th ZilHij. Therefore, the minimum time required for
completion of Hajj nowadays is 8 days.
If one is able
to afford to go for his wajib Hajj by spending only the
minimum number ofdays possible for Hajj, then it is wajib for
him to go for Hajj.
Visit to Medina is highly
recommended in sharia although it is not part of Hajj.
However,one can visit Medina and complete all ziyarat in
Medina even in one day. According to Ahlul Sunnah, it is
mustahab to stay in Medina for 8 days, but according to shia
ulama, there are no such traditions.
|MORE ON PASSAGE CAPABILITY (ISTETA’AT E
If the government
of a country does not give permission to a person due to quota
restriction imposed on the number of persons allowed for Hajj,
then Hajj is not wajib on that person.
But if that
person knows that permission can be granted to him by another
country, then it is wajib for him to go to that country and
seek permission, provided that his financial capability allows
him to do so.
If a person can not get visa for Hajj
from Saudi embassy in his own country, but he can get Hajj
visa from Saudi embassy of another country, then it is wajib
for him to go to that country and obtain Hajj visa, provided
that his financial capability allows him to do so.
is therefore wajib to try to attain passage capability
(isteta’at-e-tariqi) for Hajj by all possible means. This is
not so for financial capability, i.e., it is not wajib to try
to attain financial capability in order to do Hajj.
the process of attaining passage capability, if a person is
required to commit a sin (such as speaking a lie), and if that
sin is a lesser sin than the sin of not performing wajib Hajj,
then it is wajib to commit that lesser sin in order to do the
If the passage for Hajj is not safe by
going alone, but it is safe by taking a companion, then it is
wajib to take the companion provided you could afford the
expenses for companion if required. And the Hajj performed by
that companion can be counted as his wajib Hajj.
According to Sunni fiqh, a woman is not allowed to go
for Hajj without a mahram man. Inshia fiqh, a woman is allowed
to go alone for Hajj if she feels that she will be safe.
|MORE ON FINANCIAL CAPABILITY (ISTETA’ATE
If a woman is
entitled to her share of property from her late father, and if
the value of that share is sufficient to enable her to go for
Hajj, then it is wajib on her to claim that share in order to
If a woman owns plenty of jewellery, and
if she is of the age of wearing that jewellery, and it is her
daily requirement, then it is not necessary for her to sell
the jewellery in order to perform Hajj. But if she reaches
such an age that she does not wear it, and if it is of
sufficient value to sell it to perform Hajj, then Hajj will
become wajib on her. And in such a case, it is not allowed for
her to give away such jewellery as a gift to anyone, including
her daughter or daughter in law. And if she dies without
performing Hajj, then it is wajib on her heir to arrange for
Hajj on her behalf from her property.
(extravagance) is a major sin in Islam. Hajj can also become
wajib on a person if he leads a life with israf. However, one
must understand the difference between the need (necessity),
the status and the israf. Islam allows a person to own items
of his daily life (such as clothes, car, house, jewellery
etc), that are according to his need, or even more than his
need. But Islam does not allow a person to own items, which
are above his status (shaan) in the community where he lives.
Israf is a life style using such luxurious items, which are
considered beyond his status and is considered haram and a
If a person has obtained items or property
(car, house, jewellery etc), which are beyond his/her status,
and if the difference between the monetary value of these
things and the value of those things required to live
according to his status is enough to perform Hajj, then Hajj
becomes wajib on him/her. It is then wajib on him/her to sell
that item or property, set aside the amount necessary for
performing the Hajj, and then buy the items according to
How do we define status of a person ?
Status of a person is not to be determined by the person
himself. According to sharia, the status of a person is
determined by urf (opinion of the majority of people in the
community in which that person is living). Urf is considered
an important criterion, which affects many other laws of
(QARZ) REPAYMENT AND HAJJ Lecture # 9 (Friday
10 August 2001)
If you have got
sufficient funds to perform Hajj, but you are also in debt and
the funds are enough to either repay the loan or go for Hajj,
then should you go for Hajj or repay the loan first ? In such
a case, there are two situations:
agreed time of repayment of loan has come
The agreed time of repayment of loan has not
If the agreed time
of loan repayment has come and if the lender is not agreeable
that you can go to Hajj first (ie he wants his money back),
then you have to repay the loan to him, and then Hajj is not
wajib on you. And if you still went ahead and performed the
Hajj with that fund, it will not be counted as your wajib
Hajj, but according to Ayatullah Khui, it can be counted as
your wajib Hajj.
If the time of loan repayment has
come, but the lender has agreed not to take the repayment at
that time, then according to Seestani and Khumaini, Hajj is
not wajib, but according to Khui, you can go to Hajj and it
will be counted as your wajib Hajj.
If the agreed time
of loan repayment has not come at the time of going for Hajj,
then Ayatullah Seestani and Ayatullah Khumaini say that Hajj
is not wajib on you, and if you still went for Hajj, it will
not be counted as your wajib Hajj. But Ayatullah Khui says
that Hajj becomes wajib, and you have to go for Hajj with
The mortgage type of loan taken from
non-Muslim banks is a different thing and can not be
considered for repayment at the time of Hajj in all above
cases. Thus, if you have got sufficient funds for Hajj, then
Hajj may become wajib whether or not you have got a mortgage
loan. Any loan, which you take with the intention of paying
interest (riba) to the lender, is haram in Islam. (More
details of mortgage and interest will be covered in future
|TAKING LOAN FOR HAJJ OR FOR OTHER
It is not wajib to
take loan in order to perform Hajj.
But if you take a loan,
which is sufficient to perform Hajj, then Ayatullah Khui says
that Hajj will become wajib, but Ayatullah Seestani and
Khumaini say that Hajj will not become wajib.
If you take a
loan for any specific purpose (e.g. car, house, marriage,
education, travel, medical treatment etc), and if the money is
not yet utilized and is sufficient for Hajj and the time for
Hajj has come, then according to Ayatullah Khui, Hajj will
become wajib if you are satisfied that you can pay back this
loan easily, but according to Ayatullah Seestani and Khumaini,
Hajj will not become wajib.
If you have been saving
money for some specific purpose (eg car, house, medical
treatment, marriage of daughter etc), and the amount becomes
sufficient for Hajj and the time for Hajj has come, then Hajj
will become wajib on you, according to all marja. The only
exception is that if the person does not use the money for
intended purpose, he will face exceptionally extreme hardship
(haraj as defined by sharia), and then he can use the money
for that purpose and delay the Hajj for future.
|KHUMS & ZAKAT AND
If any amount of
khums or zakat is wajib on a person, and if the time of Hajj
has come, then it is wajib on him to first pay the khums and
zakat, and if sufficient money is left over for Hajj then go
for Hajj. If the amount left after paying khums and zakat is
not sufficient for Hajj, then Hajj is not wajib on
If your marja or his authorized representative
(wakil) gives you permission to delay the full or partial
payment of khums at a later date, then you can perform your
|UNDOING CAPABILITY FOR HAJJ (KHUROOJE
- If a person has attained all capabilities (isteta’at)
for Hajj, then it is haram for him to undo that capability.
For example, if a person has got sufficient money to perform
his wajib hajj at any time, then it is haram for him to spend
it for any other purpose or to give it to someone for any
- If, during a year, you have got money, which
is sufficient for your Hajj and other capabilities also exist,
and instead of going to Hajj, you spent the money on overseas
trip to visit your home country, then such a visit is haram,
and the Hajj will then become wajib on you for ever, which you
have to perform at the first opportunity even with
- If you have got sufficient money just to
perform your own wajib hajj, then it is haram to give it to
any one else (including your parents) to perform their Hajj.
It is a great sawab (but not wajib) to send parents or any
momin for hajj with your money, but it is allowed only if you
have performed your own wajib Hajj or if the Hajj is not wajib
- If a son has sent his father to Hajj by
paying him sufficient money but without performing his own
wajib Hajj, then Hajj of his father is OK, but the Hajj has
become wajib on the son for ever and he has to perform it at
the first opportunity even with all hardships.
- If you
want to donate your money to your parent (or anyone) to send
him to Hajj, without you first going for Hajj, then one
possibility is to give away money in installments to him at
different times such that sufficient fund for your own Hajj
does not remain with you at any time. Hajj will become wajib
when you attain sufficient fund necessary for your own Hajj,
but if you avoid attaining that sufficient fund by permissible
means, then Hajj will not become wajib on you.
FOR HAJJE NIYABAT (HAJJ BY A REPRESENTATIVE)
Hajje Niyabat (or
Hajje Badal) is a Hajj performed by a person on behalf of
another person (such as a dead person or a physically unfit
living person). It is permissible to send a person for Hajje
Niyabat from the country of the person for which Hajj is to be
done. According to Seestani, Khui and Khumaini, it is also
permissible to take a less expensive option of hiring a person
from Medina or elsewhere in Saudi Arabia to perform the Hajje
In Sunni fiqh, a woman is not allowed to do
Hajje Badal on behalf of any one. In shia fiqh, a woman is
allowed to do Hajje Badal on behalf of a man or a woman.
Similarly a man can do Hajje Badal on behalf of a man or a
In Sunni fiqh, a man doing Hajje Badal for
anyone must first have completed his own wajib Hajj. In shia
fiqh, this is not so. A person can do Hajje Badal only if Hajj
was not wajib onhim/her in that year.
conditions are wajib for a person going for Hajje Badal:
must be able to perform wudu and ghusl correctly.
(b) He/she must be able to offer salat
correctly with proper pronunciation (qirat) of Arabic
(c) He/she must know the Hajj masail
(rules) of at least 2 or 3 marjas (his own marja, marja of
the person for whom Hajj is being performed, and marja of
the person who is sending him for Hajj) in order to
perform the Hajj correctly.
a Muslim becomes capable, hajj becomes obligatory upon him. By
“capability” we mean the following:
Availability of enough time to travel to the holy places and
stay there for performing the obligatory rites.
Physical health and strength, observing to travel to the
holy places, and staying there for the obligatory rituals.
road through which one has to pass for performing the
rituals be open and secure, in the sense that it does not
place the life or property or honour of the pilgrim in undue
Financial ability: One should be able to get whatever is
necessary for the pilgrim in his journey; e.g., food, drink,
clothes, including the means of transportation according to
his status by which he can cover the distance for hajj.
financial position of the person should be such that by
travelling for hajj or by spending from his wealth for it,
he would not be putting himself and his dependents in need
120. Hajj Tamattu‘:
This is a kind of pilgrimage that is obligatory upon those who
live in other countries i.e. far away from Mecca. Hajj
Tamattu‘ consists of two rituals: the first is known as
‘umrah, and the second hajj.
121. In ‘umrah, five
things are obligatory:
(a) Putting on the
pilgrim’s dress (ihrăm) from one of the miqăts.
Mawăqít (plural of miqăt) are locations [around the holy
territory of Mecca] that sharí‘a has specifically fixed for
putting on the ihrăm.
Circumambulating (tawăf) around the Ka‘ba seven
* The salăt of tawăf.
* Sa‘i (i.e., brisk
walking) between the hills of Safa and Marwa seven
* Taqsír: cutting
off a little bit of your hair or cutting the
122. The obligatory acts of
hajj tamattu‘ are thirteen as follows:
^ Putting on the ihrăm
^ Staying in ‘Arafăt on
the 9th of Dhu ’l-Hijja.
^ Staying a part of the
night (eve of 10th Dhu ’l-Hijja) until sunrise in Muzdalifa.
^ Stoning the smaller
pillar in Mina on the day of ‘Eid (i.e., 10th of Dhu
^ Sacrificing an animal
in Mina on the day of ‘Eid or during the days of tashríq
[i.e., 11th to 13th of Dhu ’l-Hijja].
^ Shaving one’s head or
doing taqsír in Mina. By doing this, the pilgrim is free
from the restrictions of ihrăm, except the use of perfume
and sexual contact with women. Based on obligatory
precaution, the restriction of hunting continues even after
shaving or taqsír.
^ Tawăf of Ziyărat seven
times after returning to Mecca.
^ Salăt of Tawăf.
^ Sa‘i between Safa and
Marwa seven times. With this, the restriction of using
perfume is also lifted.
^ Tawăf of Nisă’ seven
^ Salăt of Tawăt of
Nisă’. With this, sexual contact with women becomes
^ Staying during over
night in Mina on the eve of 11th and 12th Dhu ’l-hijja. And
also, under some circumstance, the eve of 13th Dhu ’l-hijja.
^ Stoning the three
pillars in Mina on the 11th and the 12th of Dhu ’l-hijja.
And also, under some circumstance, on the day of 13th Dhu
2) Hajj- Rulings of Ayatullah Seestani
2044. Hajj (pilgrimage) means visiting the House of Allah
(Ka'bah), and performing all those worshipful acts which have
been ordered to be performed there. It is obligatory on a
person once in his lifetime, provided that he fulfils the
should be baligh.
2). He should be sane and free,
that is, he should not be insane and should not be a slave.
of proceeding to Makkah for Hajj, he should not be obliged
to commit a haraam act, avoidance of which is more important
than Hajj, nor should he be compelled to forsake an
obligatory work which is more important than Hajj.
4). He should be capable of
performing Hajj, and this depends upon number of factors:
He should possess provisions and means for
transportation, if need be, or heshould have enough
money to buy them.
He should be healthy and strong enough to go to Makkah
and per form Hajj, without suffering extreme
There should be no obstacle on the way. If the way is
closed, or if a person fears that he will lose his life,
or honor, while on his way to Makkah, or he will be
robbed of his property, it is not obligatory on him to
perform Hajj. But if he can reach Makkah by another
route, he should go to perform Hajj, even if the other
route is a longer one. But that route should not be
d]. He should have enough
time to reach Makkah, and to perform all the acts of
worship in Hajj.
e]. He should possess
sufficient money to meet the expenses of his dependents
whose maintenance is obligatory on him, like, his wife
and children, as well as the expenses of those who have
to be paid, like, servants, maids, etc.
f]. On return from Hajj, he
should have some means of livelihood, like, income from
the property, farming, business, employment etc. so that
he may not lead a life of hardship.
a person is in need of owning a house, performance of Hajj
will be obligatory on him if he also possesses money for the
2046. If a
wife can go to Makkah but does not have any means of support
on her return, and if her husband is also poor, and cannot
provide her subsistence, subjecting her to hard life, Hajj
will not be obligatory on her.
2047. If a
person does not possess necessary provision for the journey,
nor any means of transport, and another person asks him to go
for Hajj undertaking to meet his expenses as well as of his
family during his Hajj, and he (i.e. the person who is asked
to go for Hajj) is satisfied with what the other man offers,
Hajj becomes obligatory on him.
2048. If a
person is offered the expenses of his return journey to
Makkah, as well as the expenses of his family during the
period of Hajj, Hajj becomes obligatory on him, even if he is
indebted, and does not possess means of support with which to
lead his life after his return.
But if the days of Hajj
and the days of his work coincide, meaning that if he abandons
his work and goes for Hajj, he will not be able to pay his
debts in time, nor support himself for the rest of the year,
Hajj will not be Wajib on him.
2049. If a
person is given expenses of going to and returning from
Makkah, and the expenses of his family during that period, and
is asked to go to Hajj without mentioning that the help given
is his property, performance of Hajj becomes obligatory on
him, if he is satisfied that it will not be taken back from
2050. If a
person is given an amount to cover expenses just sufficient
for Hajj, with a condition that on his way to Makkah he will
serve the person who gave the expenses, Hajj does not become
obligatory on him.
2051. If a
person is given monetary help to enable him to perform
obligatory Hajj, and he does perform Hajj, another Hajj will
not become obligatory on him if he himself becomes wealthy.
2052. If a
person goes, for example, to Jeddah in connection with trade,
and acquires sufficient money to go to Makkah, he should
perform Hajj. And if he performs Hajj, performance of another
Hajj will not be obligatory on him, if he later acquires
enough wealth to enable to go to Makkah from his hometown.
2053. If a
person is hired to perform Hajj on behalf of another person,
but he cannot go for Hajj himself, and wishes to send someone
else, he should seek permission from the person who hired him.
2054. If a
person could afford to perform Hajj but did not perform it,
and then became poor, he should perform Hajj facing all odds.
And if he is not at all able to go for Hajj, and if another
person hires him for Hajj, he should go to Makkah and perform
Hajj on behalf of the person who has hired him. He should then
remain in Makkah for a year if possible, and perform his own
But, if it is possible that he is hired and given
his wages in cash, and the person who hires him agrees that he
may perform Hajj on his behalf next year, he should perform
his own Hajj in the first year, and that on behalf of the
person who has hired him, in the second year, if he feels that
he might not be able to perform his own Hajj in the following
2055. If a
person goes to Makkah in the year in which he can afford to
perform Hajj, but cannot reach Arafat and Mash'arul Haram at
the prescribed time, and cannot afford to go for Hajj during
the succeeding years, Hajj is not obligatory on him. But, if
he could afford to go for Hajj in the earlier years, and did
not go, he should perform Hajj in spite of all difficulties.
2056. If a
person did not perform Hajj in the year in which he could
afford to go for Hajj, and cannot perform Hajj now owing to
old age, or ailment, or weakness, and does not hope that in
the future, he will be able to perform Hajj in person, he
should send someone else to perform Hajj on his behalf.
fact, even if he does not lose hope, the obligatory precaution
is that he should hire a person. And when he becomes capable
afterwards, he should perform Hajj himself also. And the same
applies if a person becoming capable of going to Hajj for the
first time, is prevented to perform Hajj because of old age,
ailment or weakness, and loses hope of gaining strength. In
all these cases, however, he should, as a recommended
precaution, hire a male person, and the one who is going to
Hajj for the first time.
person who has been hired by another person to perform Hajj
should perform Tawafun Nisa also on his behalf, failing which
his own wife (i.e. the wife of the hired person) becomes
haraam for him.
2058. If a
person does not perform Tawafun Nisa correctly, or forgets to
perform it, and if he remembers it after a few days and
returns to perform it, his action is in order. And if his
returning is difficult for him, he can depute another person
to perform the Tawaf on his behalf.
3) Questions &
from Current legal issues & Contemporary legal
123. Question: Is it permissible to
put on the ihrăm for hajj from the city of Jeddah? If it
is not permissible, what should one do since the plane
lands in Jeddah?
Answer: Jeddah is neither a
miqăt nor parallel to any of the miqăts; therefore, it
is not in order to put on the ihrăm from there for
‘umrah or hajj. However, if one knows that between
Jeddah and the Haram [the holy territory around Mecca],
there is a place which is parallel to one of the miqăts
—this is not improbable, if one looks for a parallel of
Juhfah— he can put on the ihrăm from there by offering
nadhr. [Nadhr means making a vow in the name of Allăh
that he will put on the ihram from place x.]
124. Question: While
shaving the head in Mina, if the pilgrim’s head is
injured and blood flows out, what should he do in that
case? And what are the implications [as far as penalty
If the injury was not intentional, there is
nothing upon him.
125. Question: It is
recommended to perform hajj every year. However, there
are many poor Muslims who are in dire need of food and
clothing in various Muslim countries. If it comes to
making a choice between spending the money for hajj
repeatedly or ziyărat (pilgrimage to the shrine of one
of the Infallibles [a.s.]) and between giving in charity
for those believers—which is more
Answer: In principle,
helping those needy Muslims is better than a recommended
hajj or ziyărat of the holy shrines. However, at times
the hajj or the ziyărat is associated with certain other
issues that can elevate them to the same or even higher
status of virtue.
126. Question: The Kingdom of Saudi
Arabia assigns the places for pilgrims in ‘Arafăt and
Mina. We do not know whether or not those appointed
places are within the boundaries required by the
shari‘a? Are we obliged to inquire and ask about the
If it is within the known boundaries and the
signs that are normally known for religious rites from
generation to generation, it is not necessary to inquire
127. Question: It has been said
that some parts or the entire area of slaughtering in
Mina is outside the boundary. Is it therefore obligatory
upon us to ascertains the fact before the slaughtering?
Knowing that ascertaining about one area and then going
towards the other and again ascertaining about it is a
difficult task, especially on the day of Eid, as you
yourself know, where the time is also a factor. So what
is the solution?
Answer: It is obligatory to
ascertain in order to do the slaughtering inside Mina.
If it is not possible because of overcrowding in Mina,
it is permissible to do it in the valley of Muhassar.
Moreover, the timing of slaughtering is not restricted
to the day of Eid; it can be done till the last day of
the days of tashríq [i.e., till the 13th of Dhu
|128. Question: Pilgrims are faced
with one more problem regarding slaughtering, which
poses more of a mental anguish: the animals slaughtered
[in Mina] are wasted in spite of the fact that there are
many poor people amongst us spread all over the Muslim
countries who go without tasting meat for days! So is it
acceptable for us to do the slaughtering in our own
cities; or is there a religious solution that you can
suggest for the people?|
Answer: It is necessary to
fulfill the religious duty by doing the slaughtering in
Mina. As for the sin of wasting the meat of the animals
slaughtered, if it actually happens, it is on the
shoulders of the authorities in charge.
|129. Question: If the exam schedule
for a student conflicts with the timing of the hajj, is
it permissible for him to postpone the hajj that year
especially if the exam was very important for
Answer: If he is sure that
he will be able to perform hajj in the following year,
it is permissible for him to postpone it; otherwise, it
is not permissible. However, if postponing the exam will
cause difficulty to such an extent that it is normally
unbearable, it is not obligatory on him to perform hajj
|130. Question: A person on whom
hajj had become obligatory but he has not yet fulfilled
it—is such a person allowed to go for ‘umrah in the
month of Rajab? What if hajj became obligatory on him in
Ramadhăn, can he go for ‘umrah [before performing
Answer: The ‘umrah mufrada
(minor pilgrimage done off-season) is permissible for
him. However, if going to ‘umrah would financially
prevent him from going for hajj, then it is not
permissible for him to do ‘umrah.
|131. Question: A single young man
has become capable to perform hajj; he is also thinking
about marriage. Now if he goes for hajj, his marriage
ceremony will be delayed for a while. Which of the two
is preferable [marriage or
Answer: He should perform the
hajj and postpone the marriage unless postponing the
marriage entails difficulty to the extent that it be
comes unbearable. And Allah knows the best.
|Q57: A man who is financially able
in a particular year is prevented from travelling
because he could not obtain a visa to perform the hajj
in that year. Then, he is forced to spend the money
which was set aside for hajj, after the season, to
fulfill his living needs. Thereafter, he is not able to
obtain the money needed to perform the
he acquires the ability in later years, then hajj is
obligatory for him, and if he does not acquire the
ability, then it is not obligatory for him. (FM, pp.
|Q58: What if I am able to perform
hajj this year while I am a student at the University or
high school and it happens that the time of traveling
for hajj conflicts with my final exams such that the
trip for hajj would lead to my failure and loss of a
school year, which causes me extreme material and
ANS: As long as your travel
for hajj causes you extreme difficulty as you said, it
is permissible for you to abandon the hajj for that
year. (FM, p. 404)
|Q59: From which direction should
one throw pebbles at jamratu-l-ëaqabah (in
Stone it from the front [because it is not
permissible to stone it from the back]. (FM, p.
|Q60: What is the ruling on one who
enters the state of ihram from Jeddah, instead of
Johfah, because of ignorance?|
ANS: If he made a nadhr for
the ihram in Jeddah, then his ihram is valid. (FM, p.
|Q61: Is one permitted after tawaf
and saëy, to cut the hair (taqsir) of someone else who
has requested him to do so, before cutting his
ANS: It is
not permissible for one to attend to the taqsir of
others before his own. (FM, p. 404)
|Q.8) A young person, who has the
means to perform hajj, had to sit his exams at the time
of hajj. If he were to go for hajj, this would have
affected his results and consequently his study. What
should he do?|
If he was sure of his financial
ability to perform hajj at a later year, it is
permissible for him to delay it. Otherwise - as it
happens - performing hajj becomes obligatory in the year
in question. Of course, if in so doing he may fail the
exams, for example, and that this eventuality would pose
him with a great embarrassment, so much so that his
position would become untenable, it would not become
|(Q.9) A financially able person did
not perform hajj yet. Is it permissible for him to
perform umrah (lesser pilgrimage) during the month of
Rajab? What if he became able during the month of
Ramadhan? Could he do umrah?|
Umrah Mufradah (a
type of lesser pilgrimage that can be performed at any
time, except the days of hajj "greater pilgrimage"
during Thil Hijja) would be in order. However, if his
travel for umrah could result in him being unable to
perform hajj later on, it is not permissible for him to
|(Q.10) A single young man has,
rather belatedly, contemplated getting married. If he
were to delay arrangements for his marriage and embark
on the hajj journey, his marriage could be postponed for
a while. Which one takes precedence over the
He should go to hajj and delay the
marriage, unless forbearance with being bachelor would
make his position untenable. Allah is All Knowing.
on Hajj - from 'Jurisprudence made Easy' book
My father spoke of
his experience of his first pilgrimage in a way akin to
someone who had remembered a true love. I could see his true
feeling in the twinkle of his eyes, the smile on his face, and
the reverence of his words.
When I told him what I had
noticed of his state, when he recalled that experience, he
said to me:
“Haven’t you recited the words of The Sublime, “And when
We made the House a pilgrimage for men and a (place of)
security..”. (2/125). And His words, quoting His Prophet
Ibrahim (a.s.), “O our Lord! surely I have settled a part
of my offspring in a valley unproductive of fruit near Thy
Sacred House, our Lord! that they may keep up prayer;
therefore make the hearts of some people yearn towards them
and provide them with fruits; haply they may be grateful”.
My heart longs for
that Sacred House. My father cast his eyes down and, in a soft
and melodious voice, recited poetry in praise of the Prophet
(s.a.w.) and remembrance of the Holy places he had visited on
his first pilgrimage. Raising his eyes, and addressing me, he
hajj left an indelible mark in my heart, the memory of which
is rekindled every year, especially, at the time of hajj. I
always pray to the Almighty to grace me with the favour of
making the trip to Mekkah time and again.
There I interjected
and asked him: * Is it obligatory that you go to hajj more
- No, it is
obligatory to do hajj once, provided you can afford it.
Allah says in His Holy Book, “.. and pilgrimage is
incumbent on men for the sake of Allah, (on) every one who
is able to undertake the journey to it..”
Any number of
pilgrimages made after the first one is
|* Would you tell me the story of your first
pilgrimage, which is so close to your heart?
- I went to
“al-Juhfa”, one of the mawaqeet (sites appointed by
Islamic sharia law for pilgrims to wear their ihram. After
I took off my clothes, I made niyyah for umrah tamatu’,
leading to hajj, seeking the pleasure of and
closeness to Allah, I put on my ihram (special
two-piece seamless attire worn by pilgrims. Also, the
state of consecration during which the pilgrim refrains
from certain acts, such as not combing, not shaving, and
observing sexual continence). One of these two white
garments is worn like a sarong, and the other used to
cover the shoulder and the upper body. I, then, chanted
No sooner had I uttered the word
“Labbayk”, shivers went down my spine. I was in a
serene state of mind that was triggered by a kind of
devotion I never experienced before. It was an
experience of fear and submission to the
The other acts you are forbidden from,
once you enter the state of consecration are:
a) looking into the mirror for dressing,
b) protecting oneself against the sun [and
c) covering one’s head,
wearing sewn clothes and socks, and
some other acts, as detailed in the books of
* And after ihram, what did you
- I headed
towards Holy Mekkah, in a state of tahara, to do
seven rounds of tawaf around the Old House (Ka’ba),
starting each round from the Black Stone. Having
completed tawaf, I said a two-ruku’ prayer behind the
station of Prophet Ibrahim (a.s.).
went for Sa’y (seven laps of brisk walking
between the mounds of Safa and Marwah - an obligatory
part of hajj rituals), starting from
On completing the seventh lap, I made
taqseer, by cutting some of my hair. By this act, I
completed the Umrah of Hajj. Thereafter, I took off
my ihram & waited for the 8th day of Thil Hijja
“Yawmut Tarwiyah - Lit. satisfying thirst or giving
attention, i.e. when Ibrahim (a.s.) gave attention to the
vision wherein he was instructed to sacrifice his son
Ismael”. On that day, I wore my ihram, in Mekkah
this time, after making niyyah for hajj, said the
talbiyah, and headed for Arafat, aboard an open top
vehicle. I had to do wuquf (devotional stay at
Arafat, Mash’ar and Mina as part of hajj rituals). This
was performed at the start of noon of the 9th of Thil
Hijja till sunset.
Leaving Arafat, after
sunset, I set out for “Muzdalifa” and stayed
overnight, for I had to be there at the sunrise of the
10th of Thil Hijja. After sunrise, I set out for
“Mina”. With me were stones I gathered during my
stay at Muzdalifa. In Mina, I had to perform three
types of obligations:
1. Throwing seven stones successively at
Jamarah of al-Aqabah (Pl. Jamarat:
Places of the
three stone slabs representing the devil, at
2. Slaughtering sacrificial offering at
3. Shaving my head at
these acts, I came out of the state of ihram,
whereby I could do certain acts that were forbidden to me
before, except seeking lawful pleasure with women, wearing
perfume, [and hunting]. Thereafter, I headed for Mekkah
for the second time to do tawaf of hajj, say tawaf
prayer, and do sa’y between Safa and Marwah, in exactly
the same way I did, on my arrival at Mekkah. Having
completed that, I performed tawafun nisa’ (lit.
women’s circumambulation: an integral part of hajj
devotion, after which and its prayer, sexual relations
between man and wife returns to normal).
then, returned to Mina to stay the overnight of the 11th
and the 12th of Thil Hijja till the afternoon of the
12th. On each of these two days, I performed the ritual
of throwing stones at the three Jamarat, the first,
the one in the middle, and al-Aqaba, in this order.
Come midday of the twelfth of Thil Hijja, while
still at Mina, I said Dhuhr prayer and left for
Mekkah. Thus, I performed all the prescribed duties of
Despite the crowds and sweltering heat, which
took their toll on me, I ensured that I executed all the
obligations called for correctly. Hajj is a solemn
occasion for seeking closeness to Allah Almighty through
prayer, devotion and sincere
Afterwards, I left Mekkah for
Madina where I paid homage to the holy shrine of Prophet
Mohammad (s.a.w.) and the tombs of Fatima az-Zahra’ and
Imams al-Hassan, Ali bin al-Hussain, Mohammad al-Baqir,
and Ja’far as-Sadiq (a.s.) at al-Baqi’
I, also, visited historic mosques,
the tomb of al-Hamza, the Prophet’s uncle, and other
sacred sites around Madina. This, in short, was the story
of my first pilgrimage.
problems in saee due to construction
where we perform our Saee – the walk between Safa and Marwa
in Umra – is currently closed for renovation. They have
built a new corridor for people to walk between Safa and
Marwa adjacent to the old corridor and have diverted all
traffic to this new corridor. A colleague of mine and myself
were caught unaware when we went last month and had to
improvise with Qurbani as the penalty for not being able to
do Saee on the specified area.
Subsequently, we have had time to request for clarification
from Ayatullah Seestani's office who has ruled as under:
What is the rule for a person in the state of Ihram (a
Muhrim) during these times when the old corridor of Saee is
closed and Saee is allowed only in the new corridor.
That a person knows for certain that the two mountains (Safa
and Marwa) are not large enough to be part of the new
corridor. In this the case, the person can remove Ihram and
treat oneself as a person prevented from doing Saee. Such a
person (prevented from doing Saee) has to, according to
compulsory precaution (Ihtiyate Wajib), slaughter an animal
in Makkah before Taqseer. This is if a person did not have
prior knowledge before wearing Ihram that he/she will not be
able to easily perform Saee. Otherwise, it is indeed a
problem (to allow one) to remove Ihram – and people can
refer to other Maraji in this issue maintaining the law of
referring to the next more learned.
That a person is certain that the two mountains (Safa and
Marwa) are large enough to extend into the new corridor. Or
if it is proven to him - even with the rulings of certain
Maraje- that there is enough expert opinion to indicate that
as long as there is no expert opinion contradicting it, the,
in such a case, one would perform Saee in the enw corridor
and it would suffice.
That a person has no proof either way – whether the two
mountains are large enough or not to be part of the new
corridor. In this case, a person will perform a combination
of both the above rules (ONE & TWO) – One will perfrom the
Saee in the new corridor as well as sacrifice an animal in
Makkah before Taqseer.
original text of the question and answer, in Arabic, can be
receipt of the ruling above, I have personally made
enquiries through the offices of friends and colleagues in
Iran to discuss the issue with offices of different Maraje.
The key point here to note, is that Ayatullah Seestani (May
the Almighty grant him a long life) says if you had prior
knowledge, then whilst wearing the Ihram for Umra is not
prohibited, coming out of it could be a problem because one
cannot remove Ihram until one has finished all the Arkaan
(integral parts) of the Umra. Since he has problems with
Saee in the new corridor, he can only rule that the Umra
would be incomplete and thus not allow one to remove Ihram.
allows us to refer to any other Marja (provided we refer to
the most learned of the rest) and we have asked the offices
of Ayatullah Waheed Khorasani, who is widely accepted as the
most learned of the rest and he has categorically refused
accepting Saee in the new corridor.
some Maraje who do accept and allow Saee in the new
corridor, but I personally have problems in categorising
them in the league of 'more learned' Maraje and hence, I
would not like to take the responsibility of referring to
had a discussion with the office of Ayatullah Seestani in
which I pleaded that this was 'prevention beyond control' (majburi)
to which I received the reply that 'beyond control' would
only apply if the closure was permanent. Since the closure
is a temporary measure, one can easily wait. Besides, Umra
is not wajib.
the above, I would like to inform you that we have decided
to cancel the forthcoming Umra trip. We are not saying it is
not allowed – you may be able to find a way to allow it, but
we are saying that we would like to act on the side of
caution and not take responsibility.
looking at the alternative of going elsewhere during the
same period. I will revert to you with further details soon.
stage, we are in need of your prayers. Should there be any
further information you need from us, please do not hesitate
to contact us either on
What is the duty of a Hajj pilgrim in the present
circumstance in which the old distance between Safa
and Marwah is closed and reconstructed whereas an
alternate route has been opened for pilgrims to
perform their Umrah?
The reply is in different forms: N- 1- The pilgrim
knows that Safa & Marwa mounts do not continue up to
the new Masa'a (place for Sai'ee). In this case, to
be able to come out from the state of Ihram, the
pilgrim should slaughter an animal (Kurbani) in
Mecca -in terms of obligatory precaution, that
animal should have the same conditions as the
sacrifice in Mina- and distribute it among the poor
and then cut his hair (Takseer) or shave his head (Halq).
This applies to the one who was not aware of this
current situation before being clothed in Ihram.
Otherwise, if he had known this problem beforehand,
according to obligatory precaution, he cannot come
out from Ihram and should stay there until the
accomplishment of the Sai'ee become possible for
him. He may refer in this case to another Marja
considering the most knowledgeable (Aalam fal Aalam)
N- 2- The pilgrim is sure that the mounts continue
up to the new Masa'a or this is proven by the Fatwa
of some other Maraje that trustees had witnessed and
this witness is not contradicting the view of other
trustees. In such case, it is allowed to do the
Sai'ee in the new place. N- 3- If none of the above
situations are proven for him, he should do both:
Sai'ee in the new way and also slaughtering an
animal with the same conditions mentioned above, and
then do Halq or Taqseer. Note: For those who have
already done their Umra with the Sai'ee in the new
way should now sacrifice the animal and then do Halq
or Taqseer, even if they have already come back to
their countries, as they are still considered as
Muhrim (being in the state of Ihram).