THE OBLIGATIONS OF SAEE
This is the fourth obligation in Umrat-ul-Tamatoo. In saee too, intention to seek nearness of Allah is obligatory but there is no obligation to cover the private parts or for cleanliness although it is preferable to be clean during saee.
Saee is to be performed after tawaaf and the prayers (salaat). If it 'is performed before the tawaaf or the prayers, it is obligatory to repeat it after performing them. As for one who forgets to perform a tawaaf and recalls after performing saee. the rule has already been set out above.
Niyyah is necessary in saee that it is performed for Umrah or Hajj, whichever is applicable, to attain nearness to Allah.
Saee consists of seven rounds. The starting point for saee is the first part of Safaa and from there to proceed to Marwah. This is counted as the first round. Then one must return to Safaa and reach there. This would be counted as the second round. The process must be repeated until seven rounds are completed at Marwah. One should cover the whole distance between the two mountains each round and there is no need to climb on any of the mountains even though it is preferable to do so. It is obligatory, as a matter of caution, that there should be continuity in its performance and there should not be a gap of time between the rounds.
1f a person starts from Marwah as the first round, the saee will be invalid and he must restart from Safaa.
Although it is better but it is not necessary in saee that the pilgrim must walk; it is permissible to ride on an animal or be carried by another person or pushed on a wheelchair.
It is necessary in saee that the pilgrim must go and return between Safaa and Marwah on the known track. It is not permissible to go or return via the Mosque or along another route. However, there is also no requirement that one must walk absolutely straight.
When walking to Marwah, one must advance towards it and likewise when proceeding towards Safaa; one must advance to it. It is not permissible to turn one's back to Marwah if proceeding to it or turn one's back to Safaa when returning from Marwah. However, there is no objection to merely looking to the right, left or back in the course of the walk.
It is permitted to sit at Safaa or Marwah or between them to rest but, as a matter of caution, one must avoid sitting between Safaa and Marwah, except for those who are tired, or to pray at the earliest time. In these cases. one may complete the saee from where it had been interrupted. As a matter of caution, if one interrupts a saee one should complete it and then repeat it.
THE RULES OF SAEE
Saee is one of the fundamentals of Hajj and if one omits to perform it deliberately, whether knowing the rule or ignorant of it or because the time became so short that it could not be performed before the period for stay at Arafaat, the Hajj is invalidated and he is subject to the rules applicable to one who deliberately omitted the tawaaf already mentioned above.
If one forgets to perform saee, one must perform it when one remembers but if one remembers after completion of the ceremonies of Hajj and is unable to perform the saee personally because of some restraint or difficulty, he is obliged to appoint an agent and in both such cases, the pilgrimage will be valid.
If a pilgrim is unable to perform the saee personally even by being carried on the shoulders of another man or on a wheelchair, he may appoint an agent to perform the saee on his behalf and his Hajj will be valid.
As a matter of caution, a pilgrim must not delay the performance of saee after the tawaaf and prayers beyond the period necessary to avoid heat and exhaustion although it is permissible to delay it till night. In ordinary circumstances it is not permissible to delay it to the next day.
The rule on additions in saee is exactly the same as the rule in tawaaf. It invalidates the saee if additions are made knowingly and deliberately. However, if the addition is made out of ignorance of the rule, it is clear that the saee will not be invalidated but, as a matter of caution, must be repeated.
If a pilgrim makes addition in saee by mistake, the saee is valid but if the addition is a complete round or more, it is recommended that he should complete seven rounds to make a full saee apart from the first one. In this way he will complete at Safaa.
If a pilgrim deliberately makes less than the required rounds in saee, whether knowing the rule or not, and is unable to remedy it because of the required period of stay in Arafaat, his Hajj is invalidated and he is obliged to perform it again in the following year. It is obvious that his ihram is invalidated also. If the omission is out of oversight, it is obligatory on him to perform what was omitted when he remembers even if it is after completion of Hajj. If he remembers the omission whilst he is in Arafaat, or after the expiry of Dhil Hijjah, as a matter of caution, he must repeat the saee after completing the forgotten rounds. However. if this is difficult, he is obliged to appoint an agent to perform on his behalf. As a matter of caution, the agent must perform a full saee with the niyyath of fulfilling an obligation of his principal in addition to completing the forgotten rounds.
If in the course of Umrat-ul-Tamatoo, a pilgrim mistakenly omits a portion of saee but in the belief that he had completed it, then, as a matter of caution. he should sacrifice a cow in penalty and, as already stated, it is obligatory to complete the saee.
DOUBTS IN SAEE
After taqseer, there is no room for doubt in the number of rounds made, but if it arises before taqseer then, if the doubt is whether additions were made, it should be ignored but if it is whether omissions were made, the saee is invalidated.
If having reached Marwah in the last round, a pilgrim entertains a doubt as to whether it was his seventh or ninth round, the doubt should be ignored and the saee is valid. However, if the same doubt arises in the course of a round, the saee is invalidated and has to be performed again.
The rule on doubt concerning the number of rounds in saee is the same as the rule for such doubts in tawaaf arising in the course of the tawaaf itself. If there is doubt on the number of rounds, the saee is invalidated.
It is the fifth obligation in Umrat-ul-Tamatoo. Its meaning is to cut some hair of the head or beard or mustache. It is necessary that this is done with the intention of attaining nearness to Allah and it is not enough for taqseer merely to pluck out hair. As a matter of caution, it is preferable to cut hair rather than nail.
Taqseer completes the Umrat-ul-Tamatoo. It is not permissible to shave off the head as to do so is forbidden and attracts, as a matter of caution, a penalty of a sheep if one does so knowingly and deliberately.
If a pilgrim has sexual intercourse after saee but before taqseer knowingly and deliberately he is liable to a penalty of a camel. However, if he did so in ignorance of the rule, he is relieved of the penalty.
Taqseer must follow saee and it is not permissible to perform it before saee.
Rule 350: Taqseer is not obligatory immediately after saee and it is permissible to do taqseer where one pleases, whether near Marwah or at one's house or other place.
If a pilgrim deliberately omits to perform taqseer and wears ihram for Hajj, his Umrah is invalidated and obviously his Hajj changes to Ifraad. He must perform the Umrat-ul-Mufradah later and, as a matter of caution, repeat the Hajj in the following year.
If a pilgrim omits taqseer by oversight and proceeds to wear ihram for Hajj, his Umrah and ihram are valid but, as a matter of caution, he must pay a penalty of a sheep.
In Umrat-ul-Tamatoo when a pilgrim performs taqseer, all the prohibitions in the state of ihram are lifted including shaving off the head but as a matter of caution, it is lawful to shave the head within thirty days from the day of Idd-ul-Fitr, but not after the period. If he does shave after the period knowingly and deliberately, he must pay, as a matter of caution, the penalty of a sheep.
In Umrat-ul-Tamatoo, Tawaaf ul-Nisa is not obligatory but there is no objection in performing it.
IHRAM FOR HAJJ
It has been stated above that there are thirteen obligations in Hajj which will now be considered in detail:
Ihram: The best time for wearing it for Hajj is the day of Tarwiyyah which is the eighth of Dhul Hijjah at noon and it is permissible to wear ihram from three days before then for old and sick people fearful of overcrowding. They can wear ihram and depart from Makkah before the other people. Indeed, if need be, immediately after completing Umrat-ul-Tamatoo, it is permissible to wear the ihram for Hajj and depart from Makkah.
Just as it is not permissible to wear the ihram for Hajj before taqseer, so it is not permissible in Hajj to wear the ihram for Umrat-ul-Mufradah before the completion of the ceremonies of Hajj. However, it can be worn after completion of all the ceremonies but before Tawaaf ul-Nisa.
The time for wearing ihram is very limited on the day of Arafaat when there is fear of missing the time for the required stay in Arafaat.
The rules concerning the procedure, obligations and prohibitions in the state of ihram apply just the same to both the ihram for Umrah and Hajj, and the only difference between them is in the niyyah.
It is obligatory to wear ihram from Makkah as mentioned above. The best place for it is the Holy Mosque and it is recommended to wear the ihram after reciting two rakaats at Maqaam-e-Ibrahim or Hijr Ismail.
If a pilgrim forgets to wear ihram or ignorant of the rules, departs from Makkah without wearing it and then remembers or acquires the knowledge, it is obligatory on him to return to Makkah, even if he is in Arafaat, and wear ihram from there. If because of limited time or other reason it is not possible to return to Makkah, he should wear the ihram wherever he is. Similarly if he remembers or acquires the knowledge after the stay at Arafaat, he should proceed to Makkah if that is possible and wear ihram there but if he does not remember or acquire the knowledge until after completion of Hajj, his Hajj is valid.
If a pilgrim knowingly and deliberately omits to wear ihram, it is obligatory on him to correct it and if it is not possible to do so before the stay at Arafaat, his Hajj is invalidated and he is obliged to repeat it in the following year.
As a matter of caution, one must not make an optional tawaaf after wearing the ihram for Hajj and before departing from Makkah and if one does so, one must, as a matter of caution, renew the talbiyah after the tawaaf.
THE STAY AT ARAFAAT
The second obligation in Hajj-ul-Tamatoo is the stay at Arafaat to attain nearness to Allah. The requirement is the presence in Arafaat, regardless of whether the pilgrim is riding, walking, sitting or moving.
The boundaries of Arafaat are from Oranah. Thowayeh, Namerah to Dhil Mijaz and Maazamein. Obviously these boundaries are outside the places of stay for the pilgrims.
Apparently, the mountain is within the part of the place for stay but it is recommended to stay on the flat land to the left of the mountain.
One must stay in Arafaat consciously so that sleeping or being unconscious throughout the period will not count as valid stay. However, if the pilgrim commenced the stay consciously, then if he subsequently slept or became unconscious, the stay will not be affected.
As a matter of caution. the stay at Arafaat should be from the beginning of noon on the ninth of Dhil Hijjah till sunset. It is apparent that a delay caused by performance of ghusl or praying zohr and asr jointly is permissible. The stay there for this period is obligatory and whoever omits to do so commits a sin but it is not one of the fundamentals of Hajj, meaning
that if one omits to stay there for a portion of the required time, one's Hajj is not invalidated. However, if one deliberately omits to stay there altogether, the Hajj is invalidated. Presence there is one of the fundamentals, not the stay throughout the period.
If a pilgrim forgets to stay at Arafaat or omits to do so out of ignorance or other cause, it is obligatory on him to stay there for a portion of the eve of Idd and his Hajj will be valid. If he fails to stay there at all, his Hajj will be invalidated. This rule applies when he can catch up with the stay at Muzdalifah before sunrise but if he was unsure about reaching Muzdalifah before sunrise he must stay at Arafaat only and his Hajj is valid.
It is forbidden to depart from Arafaat knowingly and deliberately before Maghrib, but doing so does not invalidate the Hajj. There is no penalty on him if the pilgrim repents and returns to Arafaat, otherwise he must sacrifice a camel in Mina and not Makkah as a matter of caution, or, if this is not possible for him, he must observe fast for eighteen days consecutively, in Makkah or on his way home. The same rule applies to one who forgets or ignorant of the rule departs prematurely. It is obligatory on him to return there on remembering or learning the rule, otherwise, as a mater of caution. he must satisfy the stated penalty.
Since some of the ceremonies of the pilgrimage are obligatory on certain days it is the duty of the pilgrim to investigate the sighting of the moon for the month of Dhul Hijjah so that he can perform the ceremonies at the correct times.
If the Qadhi of the holy places proclaims the sighting of the moon but it was not established according to the religious criteria, then it may said to be acceptable for those convinced that the proclamation was correct. They must abide by it and their pilgrimage is valid, otherwise it will be invalidated. Furthermore, it may be said that to follow the proclamation of such a Qadhi is sufficient even though the pilgrim is not convinced about it, especially when taqiyyah requires such a practice. But both the views are not approved, then if it was possible for the pilgrim to perform all the ceremonies on the fixed times according to the conviction of the pilgrim, his pilgrimage is valid. Otherwise, if he ignores the opinion of the Qadhi regarding the two stays his Pilgrimage is invalidated; however, if he follows the opinion of the Qadhi without making investigations the validity of his pilgrimage is arguable.
THE STAY AT MUZDALIFAH
The third obligation in Hajj-ul-Tamatoo is the stay at Muzdalifah which is also known as Macer-ul-Haraam. The limits within which the stay is obligatory are from Ma'zmein to Hiyadh and Wadi Muhassar. If, because of overcrowding and limited time, it is not possible to be within the limits, one can climb to Ma'zmein. The intention for the stay must be to attain nearness to Allah.
When the pilgrim departs from Arafaat he must, as a matter of caution, spend the night in Muzdalifah. As a matter of caution, he should stay till sunrise even though it is apparent that he can depart from Muzdalifah for Wadi Muhassar before sunrise but he is not permitted to cross the Wadi and enter Mina before sunrise.
It is obligatory to stay in Muzdalifah from dawn to sunrise on the day of Idd but the stay throughout the period is not one of the fundamentals of Hajj. Thus, if a pilgrim stopped there for a period of the eve of Idd, then he departs before dawn, his Hajj is valid, but if he does so deliberately, he incurs a penalty of a sheep. If he does so out of ignorance, there is no penalty on him.
If a person does not stay there at all between dawn and sunrise, his Hajj is invalid. The exceptions are ladies, children, the fearful, the weak, the aged and the sick. 1t is permissible for them to spend the night (the eve of Idd) at Muzdalifah and proceed to Mina before dawn.
The stay at Muzdalifah must be with the intention of attaining nearness to Allah and consciously as stated for the stay at Arafaat.
If a person forgets to stay at Muzdalifah or is, for other cause, unable to remain there between dawn and sunrise, he must do so for a period between sunrise and noon on the day of Idd. If he omits to do so altogether, his Hajj is invalidated.
ACCOMPLISHING THE TWO OR ONE OF THE STAYS
It has been stated above that for the stay at both Arafaat and Muzdalifah, there are appointed and alternative periods of stay. If the pilgrim manages to stay during the definite periods in both the places, there is no difficulty. If not, the following circumstances arise:
First: if the pilgrimage did not manage to stay at either of the places at all, his pilgrimage is invalid. It is obligatory for the pilgrim to change to Umrat-ul-Mufradah in the ihram of Hajj itself. It is then obligatory on him to perform the Hajj in the following year if his obligation was Hijjatul Islam and his means still exist or else the obligation will remain on him.
Second: If he manages to stay in Arafaat during the appointed period and the alternative period in Muzdalifah.
Third: If he manages to stay in Arafaat during the alternative period and in Muzdalifah during the appointed period, then in these two circumstances his Hajj is valid but with doubt.
Fourth: If he stays at both the places in the alternative period, then it is clear that his Hajj is valid but, as a matter of caution, in the following year he must repeat whatever, if any, of the other obligations in Hajj which remained uncompleted or else the obligation to perform pilgrimage will remain on him.
Fifth: If he manages only the stay at Muzdalifah during the appointed period, his Hajj is still valid.
Sixth: If he manages only the stay at Muzdalifah during the alternative period, then it is apparent that his Hajj is invalid and should be changed to Umrat-ulMufradah.
Seventh: If he manages only the stay at Arafaat during the appointed period, then it is apparent that his Hajj is invalid and he must change to Umrat-ul-Mufradah. The exception to the rule is if he passes through Muzdalifah on the way to Mina during the appointed period but does not stay there because of ignorance of the rule, then it is not far from correct to say that the Hajj will be valid, particularly when passing through Muzdalifah, the pilgrim was in the remembrance of Allah.
Eighth: If he manages only the stay at Arafaat in the alternative period, his Hajj is invalid and he must change to Umrat-ul-Mufradah.