Various King Of Umrah
Like the obligatory pilgrimage, the optional pilgrimage is also at times obligatory and at times optional. It is Mufradah or Tamatoo.
Like the pilgrimage, the umrah is obligatory on all those with means and, like the obligatory pilgrimage, becomes obligatory immediately upon attainment of means, although the means may be sufficient for the umrah but not for a pilgrimage. However, it is apparent that if a person's responsibility is the performance of Hajj-ul-Tamatoo, the Umrat-ul Mufradah is not obligatory on him. Thus if an agent performs all the ceremonies of the obligatory pilgrimage on behalf of a principal, then the performance of an Umrat-ul Mufradah for himself is not obligatory on him even if he has the means to perform it, although as a matter of precaution it is better to do so.
It is recommended to perform the optional pilgrimage repeatedly. It is preferable that it be performed every month. It is better that a month elapse between two such pilgrimages, that is, if the last optional pilgrimage was performed at the end of the last month, then the next one also be performed at the end of the month. It is not permissible to perform two such optional pilgrimages in the same month. There is no objection to a person performing two optional pilgrimages, one for himself or another and the other in the hope that it is required by the Sharia ('Raja") or one for himself and the other for another person or both of them for another person or if one is Mufradah and the other Tamatoo. So if a person has performed Umrat-ul-Mufradah, it is permissible for him to perform Umrat-ul-Tamatoo after it in the same month and the same is the rule about performing an Umrat-ul-Mufradah on completion of an obligatory pilgrimage. However, it is not permissible to perform an optional pilgrimage between the Umrat-ul-Tamatoo and the obligatory pilgrimage.
Just as the optional pilgrimage becomes obligatory to perform on attainment of means, so does it become obligatory to fulfil a vow, oath, promise or otherwise.
With regard to the ceremonies involved, the two optional pilgrimages, Mufradah and Tamatoo closely resemble with a few differences which are :
(1) in Umrat-ul-Mufradah, it is obligatory to perform Tawaf ul-Nisa but it is not obligatory in Umrat-ul-Tamatoo;
(2) Umrat-ul-Tamatoo can only be performed during the season of the obligatory pilgrimage, namely, Shawaal, Dhil Qa'dah and Dhil Hijjah while it is permissible to perform the Umrat-uI-Mufradah during all the months of the year, preferably in Rajab;
(3) in Umrat-ul-Tamatoo, the ihram can be removed only after Taqseer, while in Umrat-ul-Mufradah it can be removed after taqseer or shaving the head;
(4) it is obligatory to perform Umrat-ul-Tamatoo and the obligatory pilgrimage in the same year but that is not the rule for Umrat-ul-Mufradah. If Hajj-ul-Ifraad and Umrat-ul-Ifraad have become obligatory on a person, it is permissible for him to perform the Hajj-ul-Ifraad in one year and the Umrat-ul-Ifraad in the other year;
(5) in Umrat-ul-Mufradah, if a person deliberately indulges in sexual intercourse before Saee, his pilgrimage becomes invalidated and he becomes obliged to perform the pilgrimage again, that is to stay in Makkah to the following month to perform it. However, if he does so during Umrat-ul-Tamatoo it is doubtful if it would be invalidated and the better view is that it will not be affected as will appear below.
In Umrat-ul-Mufradah as in Umrat-ul-Tamatoo one must wear ihram at the Meeqaat itself as will be explained below and if the person is in Makkah and intends to perform an Umrat-ul-Mufradah, it is permissible for him to come out of the Haram and wear his ihram and it is not obligatory for him to proceed to a Meeqaat and wear the ihram there and it is permissible for him to wear the ihram at Hudaybiyyah or Je'aranah or Tan'eem. the only exception to this rule is when a person invalidates his Umrat-ul-Mufradah by having sexual intercourse with his wife before saee. In this case, as a matter of precaution, he must repeat the ihram for a new umrah from a meeqaat and it is not permissible to wear ihram in such a case from Tan'eem.
It is obligatory to perform an Umrat-ul-Mufradah if one intends to enter Makkah, for it is not permissible to enter the city without ihram except for those who enter and depart from there regularly like the woodcutter or grasscutter. Similarly, if a person has completed Umrat-ul Tamatoo and Hajj, or after Umrat-ul-Mufradah and has left Makkah, he is permitted to reenter without ihram before the expiring of the same month in which the Umrah was performed. As for the person who has departed from Makkah after performing Umrat-ul-Tamatoo but before the pilgrimage, the rule will be discussed under 154 below.
If .a person performs the Umrat-ul-Mufradah during the Hajj season (defined in Rule 139 (2) above) and remains in Makkah to the 8th of Dhil Hajj, he is permitted to treat it as the Umrat-ul-Tamatoo and perform the obligatory pilgrimage. In this regard there is no difference between the obligatory pilgrimage and the optional one.
VARIOUS KINDS OF PILGRIMAGE
There are three types of pilgrimages: Tamatoo, Ifraad and Qiraan. The first is the obligation on those who reside more than 48 miles from Makkah and the other two on those who reside within 48 miles of Makkah.
There is no objection to those residing afar to perform the Ifraad or Qiraan pilgrimages as an optional pilgrimage just as there is no objection to those residing in the vicinity performing the Tamatoo as a provisional pilgrimage but this course is not permissible to either of them in an obligatory pilgrimage. So performance of a Hajj-ul-Tamatoo for those whose duty is to perform the Ifraad or Qiraan or vice versa is not permissible. However, the obligation of those who have to perform the Tamatoo can, in certain circumstances, change to Ifraad as will be explained below.
If a person residing afar, takes residence in Makkah then his obligation is changed to Hajjul Ifraad or Qiraan after commencement of the third year of his taking residence there. However, before that his obligation is to perform Hajj-ul-Tamatoo. There is no difference between attaining means and the pilgrimage becoming obligatory on him before taking such residence or during the period of the residence. There is also no difference whether or not he intended to take residence permanently. The same rule applies to those living in cities other than Makkah but the distance between the city and Makkah is less than 48 miles.
When a person resides in Makkah and wishes to perform a Hajj-ul-Tamatoo before the change of his obligation to Hajj-ul-Ifraad or Qiraan, then it has been said that he can wear ihram for Umrat-ul Tamatoo from Adnal Hal but it is arguable that as a matter of precaution he must wear it at one of the Meeqaat and perform the Umrat-ul-Tamatoo. As a matter of precaution he should wear ihram at the meeqaat used by the people of his country. It is apparent that this rule applies to those residing in Makkah and wishing to perform Hajjul Tamatoo, even though a recommended one.
This pilgrimage consists of two parts, the first of which is called Umrah and the second Hajj. The Hajj-ul-Tamatoo applies to the second part but it is obligatory to perform the Umrah before the Hajj.
Five matters are obligatory in Umrat-ul-Tamatoo:
First: ihram must be worn at one of the meeqaats which will be elucidated below;
Second: tawaaf round the Kaaba;
Third: prayers (salaat) after the tawaaf;
Fourth: saee between Safaa and Marwah;
Fifth: taqseer, that is, to remove some hair of the head, beard or moustache. On completion of these five acts, one is out of ihram and all those matters which were forbidden during ihram become lawful.
It is obligatory on the pilgrim to be prepared to undertake the requirements of the pilgrimage on approaching the ninth of Dhil Hijjah. There are thirteen compulsory matters in the obligatory pilgrimage:
(1) wearing ihram in Makkah (details of which will follow);
(2) staying in Arafaat from noon on the ninth of Dhil Hijjah till maghrib. It is situated about twelve miles from Makkah;
(3) staying in Muzdalifah part of the eve of Idd-ul-Adha till sunrise on the day of Idd-ul-Adhha. It is situated between Arafaat and Makkah;
(4) stoning the Jamrat-ul-Uqbah in Mina on the day of Idd. Mina is situated about three miles from Makkah;
(5) slaughtering an animal in Mina on the day of Idd;
(6) shaving the head or removing some hair in Mina. On completion of these acts, matters forbidden during ihram become lawful except woman, perfume and hunting;
(7) tawaaf (tawaaf ul-ziyarah) on returning to Makkah;
(8) prayers (salaat) after the tawaaf;
(9) saee between Safaa and Marwah. At this stage wearing perfume becomes lawful;
(10) tawaaf ul-ni'sa;
(11) prayers (salaat) after tawaaf ul-nisa;
(12) remaining in Mina during the eve of the eleventh and twelfth and, in certain circumstances which will be explained below, the eve of the thirteenth also;
(13) stoning all the three jamaraat on the eleventh and twelfth and, if the pilgrim is there on the thirteenth.
There are a few conditions for Hajj-ul-Tamatoo:
(1) Niyyah, that is, one must form the intention of performing Hajj-ul-Tamatoo. If one forms an intention to perform other than Hajj-ul-Tamatoo or wavers in his intention, the pilgrimage is invalidated.
(2) The Umrah and Hajj must be performed during the season of Hajj (see Rule 139(2) above). If any part of the Umrah is performed before commencement of Shawwal, the Umrah is invalid.
(3) The Umrah and Hajj must be performed in the same year. If the Umrah is performed and then the Hajj is postponed to the next year, the Tamatoo is invalid. It makes no difference whether the pilgrim remains in Makkah to the following year or goes back to his country and then returns to Makkah just as it makes no difference whether he removes the ihram or remains in it to the following year.
(4) As a matter of choice, the ihram for Hajj must be worn in Makkah itself and the best place for it is the Holy Mosque but if it is not possible to wear ihram in Makkah then it may be worn wherever possible.
(5) The Umrah and Hajj must both be performed by the same person as an agent of the same one person. It is not permissible to engage two agents for a living or dead person for Hajj-ul-Tamatoo, one to perform the Umrah and the other the Hajj. Similarly, it is not permissible that one person may perform the Umrah on behalf of one person and the Hajj for another.
If a pilgrim completes the ceremonies for the Umrat-ul Tamatoo, it is obligatory on him to perform the Hajj. As a matter of precaution, it is not permissible for him to depart from Makkah without performing the Hajj. However, if he wishes to do so, even if not necessary, and there is no fear of missing the Hajj, then if he is sure he can return to Makkah to wear ihram in time, it is apparent that he can depart from Makkah without ihram. But if he is not so sure, it is obligatory on him to wear the ihram for Hajj in Makkah and then depart from Makkah and proceed to Arafaat in the same ihram. It is not permissible for a person who has performed Umrat-ul Tamatoo to leave the Hajj even though it is a recommended one.
It is permissible for a pilgrim whose obligation is Hijjatul Tamatoo to depart from Makkah before completion of his Umrah if he is able to return to Makkah; otherwise, as a matter of precaution, he should not do so.
The prohibition against leaving Makkah on completion of the Umrah arises if one is to depart from the city for another place. However, the new streets and suburbs which are considered part of the Holy City nowadays are included as being within Makkah. Thus, the pilgrim can visit them after completion of the Umrah, whether necessary to do so or not.
If the pilgrim has departed from Makkah after completing the Umrah without ihram and goes beyond the meeqaat, then two, situations arise:
first: if he returns to Makkah within the same month of completing the Umrah, then he must enter Makkah without ihram, wear the ihram in Makkah for Hajj and depart for Arafaat;
Second: if he returns to Makkah after expiry of the month in which he performed the Umrah, then he must repeat the Umrah.
If the obligation of a person is to perform Hajj-ul-Tamatoo, he cannot change it to Ifraad or Qiraan. There can be an exception if a pilgrim embarks upon the Umrat-ul-Tamatoo, then finds the time too limited to complete the Umrah and commence the Hajj, he can change his intention (niyyah) to Hajj-ul-Ifraad and perform the Umrat-ul-Mufradah after the Hajj. The test as to how much time would be considered too limited to complete the Umrah differs with the scholars, but it is apparent that he must change his intention if he cannot complete the Umrah before midday of the 9th of Dhil Hajj.
If before embarking upon the Umrah, the pilgrim for Tamatoo is aware that his time is too limited to complete the Umrah and commence the Hajj, he is not permitted to change his intention (niyyah) as in the preceding rule but must perform the Hijjatul Tamatoo after the Umrah if the pilgrimage was fixed upon him.
If a pilgrim wears the ihram for Umrat-ul-Tamatoo in good time but deliberately delays the tawaaf and Saee till the noon of the 9th of Dhil Hajj, his Umrah is invalid and it is apparent that he is not permitted to change his intention (niyyah) to Ifraad but, as a matter of caution, he must perform the tawaaf and recite the prayers after it, perform the Saee and shave or do taqseer with the intention of acceptance as Hajj-ul-Ifraad or Umrat-ul-Mufradah.
You have observed that Hajj-ul-Tamatoo consists of two parts: Umrat-ul-Tamatoo and Hajj. The first part is connected to the second, the Umrah preceding the Hajj.
Hajj-ul-Ifraad is a distinct kind of pilgrimage incumbent upon those who live in or within 48 miles of Makkah and if it is possible for such a person to perform an Umrat-ul-Mufradah, it is obligatory on him to do so separately. If it is possible for him to perform only one of them, his obligation will be to perform that only. If it is possible for him to perform one of them at one time and the other at another time, he must perform each of them at the time possible and if he can manage both together, he must perform them at the same time. In this situation it is the common view among the scholars that as a matter of caution, he must give precedence to the Hajj over the Umrat-ul-Mufradah.
All the ceremonies are common to Hajj-ul-Ifraad and Hajj-ul-Tamatoo but there are certain differences:
First: For Hajj-ul-Tamatoo it is obligatory that Umrat-ul-Tamatoo must precede it and both be performed in the same year (as already stated) but that is not necessary for Hajj-ul-Ifraad.
Second: In Hajj-ul-Tamatoo, slaughtering of an animal is obligatory (as already stated) but that is not necessary for Hajj-ul-Ifraad.
Third: In Hajj-ul-Tamatoo it is not permissible to give precedence by choice to tawaaf or Saee over the two stops but it is permissible to do so in Hajj-ul-Ifraad.
Fourth: In Hajj-ul-Tamatoo, the ihram for the Hajj is worn in Makkah. For Hajj-ul-Ifraad, it depends upon whether the pilgrim lives in Makkah or not and this will be set out below.
Fifth: Umrat-ul-Tamatoo must precede the Hajj but that is not necessary for Hajj-ul-Ifraad.
Sixth: As a matter of obligatory caution, in Hajj-ul-Tamatoo, it is not permmited to make an optional tawaaf after wearing the ihram for it but that is permmitted in Hajj-ul-Ifraad.
If a person wears ihram for an optional Hajj-ul-Ifraad, he is permitted to change his intention to Umrat-ul-Tamatoo by removing some hair and coming out of ihram unless he has recited Talbiyah after Saee in which event the change is not permmitted.
If a person wears the ihram for Hajj-ul-Ifraad and enters Makkah, he is permitted to perform an optional tawaaf but, as a matter of caution, it is obligatory on him to repeat the talbiyah after the prayers (salaat) for the tawaaf if he did not change his intention to Hajjul Tamatoo while it was permissible to do so. This caution applies to obligatory tawaaf also.
The ceremonies for this pilgrimage and Hajj-ul-Ifraad are the same, except that in this form of pilgrimage the pilgrim will take the sacrifice with him from the time he wears ihram till Mina. Just as ihram is confirmed by talbiyah, so it is by piercing the animal or placing a necklace round its neck. If a person wears the ihram for Hajj-ul-Qiraan he is not permitted to change to Hajj-ul-Tamatoo.
MEEQAATS FOR WEARING IHRAM
There are special places designated by the sacred rules of Islam for wearing ihram and it is obligatory to wear the ihram there. These places are called Meeqaat and are nine of them :
(1) Dhul Hulaifah which is situated near Madinah and is the meeqaat for the people of Madinah and all those who wish to perform the pilgrimage travelling from Madinah. As a matter of caution, it is preferred that it be worn, if possible, in the mosque which is there known as Masjid-ul-Shajarah in which case it is insufficient to wear ihram outside except for ladies in menstruation.
It is not permissible to delay wearing ihram from Dhul Hulaifah and wearing it at Johfa except if necessary to do so by reason of sickness or weakness or other cause.
(2) Wadi-ul-Aqeeq which is the meeqaat for the people of Iraq and Najd and those passing through there. It has three parts: Maslakh, Ghamrah and Dhat Erq. According to the preferred view, a pilgrim should wear his ihram before reaching Dhat Erq if there is no impediment by way of dissimulation (taqiyyah) or illness.
It has been said that in dissimulation, it is permitted to wear ihram secretly before Dhat Erq without removing all clothes. On reaching there the clothes may be removed and ihram worn without incurrig any penalty. However, this opinion is arguable.
(3) Johfa which is the meeqaat for the people of Syria, Egypt and the West and those who pass from there if they have not worn ihram earlier at Dhul Hulaifa either with or without excuse.
(4) Yalamlam which is the meeqaat for the people of Yemen and those who pass from there. It is the name of a mountain.
(5) Qarn-ul-Manaazil which is the meeqaat for the people of Taif and all those who pass through that route. The last four meeqaats, i.e. numbers (2) to (5), are not only the mosques there but the places themselves so considered. If the pilgrim is unable to specify the exact place, he can wear ihram by making a vow (nadhr) before reaching the meeqaat.
(6) Any place parallel to one of the meeqaats above mentioned: If a person takes a route which does not cross any of the meeqaats above mentioned, then he must wear ihram from any place which is parallel to a meeqaat, that is to say, a place at which, when he faces the Holy Kaaba, one of the meeqaats would be to his right or left and when he proceeds from that point to Makkah, the meeqaat would be behind him. It is sufficient to use common sense to determine if he has reached such point and it is not necessary to take exact measurements.
If a person takes a route on which he reaches a place at which becomes parallel to two meeqaats, then, as a matter of precaution, it is recommended that he should wear ihram on reaching the first of such two places.
(7) Makkah which is the meeqaat for Hajj-ul-Tamatoo. It is also a meeqaat for people resident in Makkah and its neighbourhood who perform Qiraan or Ifraad. As a matter of precaution, one should wear ihram at a place within the area considered as part of the ancient Makkah at the time of the Holy Prophet (saaw), although it is permissible to wear it at one of the new places recently built except those which would fall outside the Haram.
(8) The pilgrim's home is the meeqaat for those who are nearer to Makkah than the meeqaat as it is permissible for them to wear ihram from their homes and are not obliged to return to a meeqaat.
(9) The nearest border of Hill like Hudaybiyyah or Jo'ranah or Taneem: It is the meeqaat for Umrat-ul-Mufradah after the Hajj-ul-Qiraan or Ifraad and all Umrat-ul-Mufradah by those in Makkah. There is only one exception which was explained earlier under Rule 140.
THE RULES ON MEEQAAT
It is not permissible to wear ihram before reaching meeqaat nor is it enough just to pass from there in ihram. There is no alternative to wearing the ihram at the meeqaat itself. However, there are two exceptions to the rule:
(1) If a pilgrim has made a vow (nadhar) to wear ihram before the meeqaat, then it is valid to do so nor is it necessary to renew it at the meeqaat or pass through it. Indeed, it is permissible to proceed straight to Makkah without passing through any meeqaat. In this regard there is no difference between an obligatory and an optional pilgrimage or Umrat-ul-Mufradah. However, if the ihram is for an obligatory pilgrimage, then it is necessary that he should wear ihram in the season of the pilgrimage, as already stated above.
(2) If a pilgrim wishes to perform an Umrat-ul-Mufradah in the month of Rajab and he fears that the month will elapse if he proceeded to the meeqaat to wear the ihram, then it is permissible to wear the ihram before the meeqaat and it will be reckoned as the umrah of Rajab even if the remaining ceremonies are performed by him in Sha'baan. In this regard there is no difference whether the umrah is obligatory or optional.
It is obligatory on the pilgrim to be certain that he has reached the meeqaat and wear ihram there. He must be satisfied or have proof that the place is the meeqaat. It is not permissible to wear the ihram if there is doubt whether the meeqaat has been reached.
If a pilgrim had made a vow to wear ihram before meeqaat and contrary to it wears ihram at the meeqaat, his ihram is not invalidated. However, he must pay the penalty for infringing the vow, if he did so deliberately.
Just as it is not permissible to wear ihram before reaching meeqaat, so is it not permissible to delay wearing it. It is not permissible for a person who intends to perform a pilgrimage or umrah or to enter Makkah to pass the meeqaat without wearing ihram there even if there is another meeqaat ahead. If a pilgrim passes by a meeqaat, he must, if possible, return to it to wear the ihram.
There is one exception for those who pass Dhul Hulaifah but without wearing ihram proceed towards Johfa without excuse. In such a case, wearing ihram from Johfa is sufficient, but it is sinful to do so. As a matter of precaution, it is impermissible to pass any place which is parallel to one of the meeqaats without wearing ihram even if one can ignore this precaution because there is another meeqaat ahead.
If a passenger does not intend to perform a pilgrimage or enter Makkah changes his mind after passing meeqaat, then he can wear ihram for Umratul-Mufradah from the lowest of Hil (Adnal Hil).
If a pilgrim passes by a meeqaat deliberately without wearing ihram, then, without prejudice to the previous rule,
(i) if it is possible to return to the meeqaat, it is obligatory to do so and wear ihram there; it makes no difference whether he returns after having entered the Haram or from outside it and if he does so, his pilgrimage is valid;
(ii) if the pilgrim is not able to return to the meeqaat, whether he is inside or outside the Haram, his pilgrimage is invalidated and wearing ihram from any place beyond the meeqaat is not sufficient. He must perform the pilgrimage in the ensuing year if he has the means.
If a pilgrim omits to wear ihram through oversight, unconsciousness or such other cause or ignorance of the rule or meeqaat, four situations would arise:
(i) if it is possible to return to the meeqaat, it is obligatory to do so and wear ihram there;
(ii) if he is in the Haram and it is not possible to return to the meeqaat but it is possible to come out of the Haram, he must get outside the Haram and wear ihram there; it is preferable that having come outside the Haram he must proceed as far away from the Haram as possible to wear ihram;
(iii) if he is in the Haram and it is not possible to come out, he must wear ihram wherever he is, even if he has entered Makkah;
(iv) if he is outside the Haram but it is not possible to return to the meeqaat, as a matter of precaution, he must return as far as possible towards the meeqaat and wear ihram.
In all these four situations, his pilgrimage is valid if he acts in accordance with what is stated above. The same rule applies to a person who wears ihram before reaching meeqaat or after leaving it out of ignorance or by oversight of the rule.
If a pilgrim omits to wear ihram at meeqaat out of ignorance of the rule and enters the Haram, like the others, he must get out of the Haram and wear ihram if it is not possible for him to return to meeqaat. In such a situation, it is preferable that he should go as far away from the Haram as possible and then wear ihram if by doing so there is no risk of missing the pilgrimage. If there is no possibility of moving out of the Haram, then, like the others, he should wear ihram in the Haram.
If the umrah becomes invalidated, including by reason of the invalidity of the ihram, it is obligatory to repeat it, if possible and if, for lack of time, it is not possible to repeat it, the obligatory pilgrimage becomes invalid and it is necessary to perform it again in the succeeding year.
A group of scholars have stated that if a pilgrim performs an umrah without ihram, it is valid if he did so out of ignorance or by oversight but this proposition is arguable. In this situation, it is preferable that, if possible, it be repeated, just as we have stated.
If a person travels from far for a pilgrimage, it is obligatory on him to wear ihram for umrah at one of the first five meeqaats. If his route passes through one of them, no doubt arises. If not, as happens in the current times when pilgrims first land in Jeddah, which is not one of the meeqaats, it is not permissible to wear ihram there as it has not been established that it is parallel to any meeqaat. In such a case he has three options: (1) He can make a vow (nadhr) to wear ihram from his town or on the way just before landing in Jeddah and wear the ihram at the place stipulated in the vow, be it even on the plane. (2) If he lands in Jeddah without ihram, he can proceed to Rabigh which is on the way to Madinah and wear ihram there by making a vow (nadhr) there as it is situated before Johfa which is one of the meeqaats. (3) He must make a vow to wear ihram in Jeddah and do so and there is no need to renew the ihram at the point midway between Jeddah and Haram which is parallel to Johfa.
It has already been stated that for Hajj-ul-Tamatoo it is obligatory to wear ihram in Makkah. If a pilgrim deliberately wears the ihram elsewhere, his ihram is invalid if he enters Makkah having worn it. Indeed, it is obligatory on him, if possible, to wear it again in Makkah, else his Hajj is invalid.
If during Hajj-ul-Tamatoo a pilgrim forgets to wear ihram for Hajj in Makkah, it is obligatory for him, if possible, to return to Makkah. Otherwise, he must wear the ihram wherever he remembers to do so, even if he has reached Arafaat and his Hajj is valid. The same is the rule for one ignorant of the rule.
If a pilgrim forgets to wear the ihram for Hajj and does not remember to do so until the completion of all the ceremonies, his Hajj is valid. The same rule applies to one who is ignorant of the rule.
THE PROCEDURE FOR IHRAM
Three Obligations for Ihram:
First: Niyyah, that is, the pilgrim forms the intention to perform what is obligatory on him by way of Umrah and Hajj to attain nearness to Allah. If he does not know all the ceremonies in detail, he must form the intention generally. In such a case, it is obligatory that he should know of what is obligatory on him item by item by checking from the Rules or from the learned he trusts. In the niyyah, the following must be included:
(1) that the intention must be to attain nearness to Allah, just as in other forms of worship;
(2) that the intention must be formed at the definite places specified before under the heading of meeqaats;
(3) that the ihram is worn for Umrah or Hajj, and whether for Hajj-ul-Tamatoo, Qiraan or Ifraad, if it was on behalf of someone else, such intention must be expressly formed. However, if it was for oneself, not intending it to be for someone else is sufficient. It is
apparent that one who wishes to perform a pilgrimage to fulfil a vow must perform the ceremonies to accomplish the vow without any need to state expressly the intention of a pilgrimage upon a vow for oneself or on behalf of another, for Hijjatul Islam, Hajj to fulfil a vow, obligatory as a penalty or optional. If the intention is formed without determining the pilgrimage, the ihram will be invalid.
It is not necessary to utter the intention aloud or mentally. It is enough that the intention is consciously formed as in other forms of worship.
There is no requirement for the validity of the ihram that there should be a determination to refrain from all the prohibitions from the wearing of it to its removal except for sexual intercourse and masturbation. Thus if a pilgrim intends from the wearing of ihram for obligatory pilgrimage to have sexual intercourse with his wife or masturbate before the stay at Muzdalifah or wavers on this matter, his ihram is invalidated. However, if he does not intend from the wearing of the ihram not to refrain from them but after wearing ihram intends to commit either of them, the ihram is not vitiated.
Second: Talbiyah, that is, to utter as follows: "Labbaik, Allahumma labbaik, labbaik, la sharika laka labbaik". And it is highly preferable to add the following: "Innal hamda wanni'amata laka wal mulk, la sharika laka". It is permissible to add "labbaik" and say, "la sharika laka labbaik".
Every pilgrim must learn the proper pronunciation of the words of the talbiyah and recite them correctly just as the recitation of the Takbiratul Ehram in prayers, even if it is by following another person reciting these words. If a person does not have the proper pronunciation of the words nor is there a person whom he can follow, he is still obliged to recite the words as best he can unless his recitation is such that it is not considered to be talbiyah. In such a situation, it is preferable that he should recite as much as he can, recite the translation of the talbiyah and appoint an agent to recite it on his behalf.
A person who becomes dumb as a result of disease or injury should recite talbiyah as much as he can and if he is unable to recite he must move his tongue and lips while he is making intention and make gestures by fingers which coordinate with the recitation.
A person born dumb should move his tongue and lips as if he is reciting and make gestures by fingers as well.
For the unconscious or the retarded, another person must recite for him.
The ihram for Hajj-ul-Tamatoo, Umrat-ul-Tamatoo, Hajj-ul-Ifraad or Umrat-ul-Mufradah is not complete without talbiyah. As for Hajj-ul-Qiraan, it can be completed with talbiyah or signs or by the following ways: the first by the sacrifice of a camel, the pilgrim, standing to the left of the camel, must tear off the right side of the hump of the camel letting its blood ooze out and the second by garlanding a camel or one of the other animals round its neck with worn slippers used when going to pray. It is preferable that both the methods be used. In Hajj-ul-Qiraan it is preferable that the talbiyah be recited even if the ihram was worn by following either of the methods.
Purity from urine or excrement is not a condition for the validity of the ihram. Thus, a person can wear ihram even in condition of janabah, haydh, nifaas or the like.
The position of talbiyah in ihram is that of Takbirat-ul-Ihram in prayers (salaat). Ihram is not complete without it or the other two methods discussed in Rule 182 above, particularly in Qiraan. Therefore, if a person wears the ihram and the two pieces of cloth but before reciting the talbiyah performs one of the acts prohibited during ihram, he has not done any wrong and there is no penalty on him.
If a person proceeds on pilgrimage via Masjidul Haram, it is preferable to delay the recitation of talbiyah till he reaches Bayda, which is the end of Dhul Hulaifa and where the ground becomes flat but, as a matter of caution, he must recite the talbiyah without delay and on reaching there should recite loudly and openly.If he proceeds by any other route, it is preferable to delay the recitation till he has walked a little. If a person proceeds on the pilgrimage from the Holy Mosque, he can delay it till he reaches Raqtaa which is a place near the Masjid-ul-Rayah, a little before Masjid-ul-Jinn.
As a matter of caution, a person performing Umrat-ul-Tamatoo must stop the recitation of the talbiyah on sighting the houses of old Makkah and those arriving from the route of Madinah at the rear of Madniyeen. Those performing Umrat-ul-Mufradah must stop the recitation on entering the Haram if they have arrived from outside Makkah and for those who have gone outside Makkah only to wear ihram should cease the recitation on sighting the Holy Kaaba. Those performing the Hajj must stop the recitation at noon on the day of Arafaat.
If after wearing the two pieces of cloth for ihram but before departing from the meeqaat, a person entertains a doubt as to whether he had recited the talbiyah or not, he should recite the talbiyah and if the doubt arises after the recitation as to whether he had recited it correctly, he should resolve that he had.
Third: Wearing the two pieces of cloth after abstaining from the matters prohibited during ihram is obligatory; but children are an exception in this rule as they can delay wearing ihram till Fakh if they take that route. It is apparent that there is no certain way of wearing them. So, one can wear one of the pieces of cloth round the waist however he wishes and place the other piece over the shoulders or use it as a robe but, as a matter of caution, the two pieces should be worn in the ordinary way.
Wearing of the two pieces of cloth is obligatory as a matter of obedience in worship but is not a condition for the validity of the ihram.
As a matter of caution, it is necessary that the cloth worn round the waist should cover the portion from the navel to the knee and the other cloth should cover both the shoulders, arms and a considerable part of the back. As a matter of caution, both the pieces must be worn before the niyyah and talbiyah; if the niyyah and talbiyah precede the wearing of the ihram, the pilgrim must make the niyyah and recite the talbiyah again after wearing the ihram.
If through ignorance or oversight the ihram is worn over a shirt, the shirt must be removed immediately and the ihram is valid. It is clear that the ihram is valid even if the shirt was worn deliberately. However, if it is put on after wearing ihram there will be no doubt that the ihram will be valid but the shirt must be removed from below.
There is no objection in having more than the two pieces of cloth in ihram at the time of wearing it or afterwards for protection against heat or cold or for other reason.
The conditions as to the cloth that may be worn in prayers (salaat) also apply to the cloth used for ihram. It is necessary that they should not be made of pure silk or any wild animal or from parts of the body of an animal whose meat is forbidden or from gold and both the pieces must be clean (not najis).
It is necessary that the cloth worn round the waist be of the quality that the body is concealed and is not exposed but the cloth round the shoulders need not be of such quality.
As a matter of great caution, both the pieces must
be of textile, and not of leather or hide.
The obligation to wear the two pieces round the waist and the shoulders is confined to males only and does not apply to females who may wear as ihram their usual clothes which would comply with the conditions stated above.
It is forbidden to wear ihram made of silk and although generally the rule is for males it also applies to females in respect of ihram and as a matter of caution, females must not wear anything made of pure silk throughout the period of ihram, except in the case of necessity as for protection from cold or heat.
If either or both of the pieces of cloth worn as ihram become unclean (najis), as a matter of caution, it or they must be changed or cleaned as soon as possible.
It is not obligatory to have the cloths of ihram on all the time. There is no objection to its removal, whether necessary to do so or not. Nor is there any objection to changing them provided the other pair complies with the conditions stated above