MINA AND THE OBLIGATIONS THERE
When the pilgrim departs from Muzdalifah, it is obligatory to proceed to Mina to perform the obligations there which, as will be discussed in detail, are three:
1. Throwing pebbles at the Jamrat-ul-Uqbah:
This is the fourth obligation in Hajj on the day of the sacrifice and there are certain details:
1. The intention (niyyah) for the act must be to attain nearness to Allah.
2. Seven pebbles must be thrown, not more or less, and it is not permitted to throw anything other than pebbles.
3. The pebbles must be thrown one after the other and not two or more of them at the same time.
4. It is necessary that the pebbles hit the Jamrah.
5. The pebbles must reach the Jamrah by being thrown at it and not merely depositing them there.
6. The throwing of the pebbles and hitting the Jamrah both must be done by the pilgrim himself. So, if the pebble was in his hand but he was pushed resulting in the pebble reaching the Jamrah, the obligation is not satisfied. The same rule applies if the Jamrah is obstructed by a man or an animal whose movements result in the pebble hitting the Jamrah. However, there is no objection if the pebble hits something and then reaches the Jamrah.
7. The pebble must be thrown by hand. So if the pilgrim throws it by his mouth or feet, it is not sufficient and, as a matter of caution, it is not permissible to use a tool to fling a pebble onto the Jamrah.
8. The throwing of pebbles must be carried out between sunrise and sunset. Ladies and the others who are permitted to leave Muzdalifah at night may throw the pebbles at the Jamrah at night during the eve of Idd.
If during the throwing of the pebbles, the pilgrim entertains a doubt as to whether the pebble struck the Jamrah or not, he must resolve that it did not unless he had already engaged himself in another obligation or it was already night when the doubt arose in which cases he must ignore the doubt.
Two matters are to be borne in mind regarding the pebbles:
(1) The pebbles must have been picked within the borders of the Haram but not from the Holy Mosque or the Mosque of Khiif and better still that they be picked in Mu-zdalifah.
(2) As a matter of caution, they must not have been used for this purpose before and it is recommended that they be coloured, dotted and soft and of thickness of a finger and at the time of throwing them, one should be standing on one's feet.
As a matter of caution, the pebbles must be hit upto the original height of the Jamrah and it is not sufficient to hit the extension and elevation recently made or the upper storey of the Jamrah recently constructed. If it is not possible to hit the on the original area only, then the pilgrim may personally hit the extended portion and appoint an agent to hit the original portion on his behalf.
In this regard, it is immaterial whether the action is from awareness, ignorance or by oversight.
If a pilgrim forgets to hit the pebbles on the day of Idd or omits to do so out of the ignorance of the rule, he must correct the' error by the 13th of Dhi1 Hijjah whenever he remembers or learns of the rule. If he recalls or learns the rule at night, he must throw the pebbles the next day unless he qualifies in the category permitted to throw them at night. If he recalls or learns after the 13th of Dhil Hijjah, as a matter of caution, he should retum to Mina and throw the pebbles and repeat the exercise in the following year personally or appoint an agent to do so on his behalf. If he recalls or learns the rule after departure from Makkah, there is no need to return to Mina but in the following year he must either throw the pebbles personally or appoint an agent to do so on his behalf.
If a pilgrim forgets to hit the pebbles on the day of Idd or omits to do so out of ignorance of the rule and recalls or learns the rule after having performed the tawaaf, it is not obligatory to correct the omission after the tawaaf, although, as a matter of caution, one should do so. However, if he knowingly and deliberately omits to throw the pebbles, then obviously his tawaaf is invalidated and it is obligatory on him to repeat the tawaaf after throwing the pebbles.
2. Sacrifice of an animal at Mina:
This is the fifth obligation in Hajj-ul-Tamatoo and it is necessary to form the intention of doing so to attain nearness to Allah. 'The sacrifice must be made during the day, unless one is afraid to do so in which case it may be made at night. It is obligatory, as a matter of caution, that it be made after throwing the pebbles but if one does so before the throwing of pebbles because he forgot or did not know the rule, it is still valid and does not need to be repeated. It is obligatory that the sacrifice be made at Mina and if it is not possible because of the rush there and Mina is not able to accommodate all the pilgrims the sacrifice may be made at Wadi Muhassar. If, by delaying the sacrifice, it becomes possible for the pilgrim to make the sacrifice in Mina he may delay it upto the thirteenth of Dhil Hijjah.
As a matter of caution, the sacrifice must be made on the day of Idd but if the pilgrim forgets or omits to do so for other cause or ignorance of the rule, then it is obligatory to do so by the l3th of Dhil Hijjah but if the cause continues to subsist, it may be delayed to the end af Dhil Hijjah. As a matter of caution, the sacrifice must not be made at night except by those who are fearful.
Each pilgrim is obliged to make one sacrifice.
It is obligatory that the animal of sacrifice be either a camel, a cow or a goat. It is not permissible to sacrifice a camel unless it has reached the age of five years and has entered the sixth. If it is a cow or a goat it must have completed two years and, as a matter of caution, entered the third and if it is a sheep unless it has completed the seventh month and entered the eighth. As a matter of caution, it must have completed one year and entered the second. If after the sacrifice, the pilgrim learns that the age of the animal was less than the required, the sacrifice is not proper and will have to be made again. It is also necessary that all the parts of the animal be sound; it must not be blind, lame, without ears or with damaged horns, etc. Indeed it is apparent that it should not be castrated (unless another is not found), weak, sick, very old or diseased in both testicles. There is no objection if its ears are injured or perforated although, as a matter of caution, they must be clear of such defects. As a matter of recommended caution, it must not have been born without a tail or horns.
If a pilgrim purchases for sacrifice a sound animal without any deformity and pays its price and later discovers that it has a defect, it will be sufficient as a sacrifice.
If possible, the conditions for sacrifice discussed above should be fulfilled but if a condition cannot be fulfilled, a pilgrim should fulfil as many of them as possible.
If an animal of sacrifice is slaughtered in the belief that it is fat but it transpires that it is weak, it will still be sufiicient and another need not be purchased and slaughtered.
If there is a doubt that an animal is weak but is slaughtered in the name of Allah and it transpires that it is fat and sound, it will be sufficient for the sacrifice. The same rule applies if the pilgrim entertains a doubt after the sacrifice as to whether it was carried out in Mina or elsewhere. However, if the doubt that arises is whether he sacrificed an animal at all, then if it arose after shaving the head or taqseer, the doubt should be ignored. Otherwise, he needs to return to Mina and effect a sacrifice there.
If a sound animal is purchased for Hajj-ul-Tamatoo but after the purchase it becomes sick or deformed or loses a limb or a defect appears, it is not sufficient to slaughter it for sacrifice. As a matter of caution, the pilgrim should sacrifice it as well and if he sold it he should spend its price in charity.
If after the purchase of an animal for sacrifice it gets lost and not knowing that someone else had sacrificed it on his behalf another is purchased but before the other is slaughtered, the first is found, it is sufficient to slaughter the first and the second remains the property of the pilgrim; he may slaughter it as well if he so wishes. As a matter of recommended caution, he must slaughter the second one as well. If the lost animal is found after the second was slaughtered, as a matter of caution, the first must also be slaughtered.
If a person finds a lost animal belonging to another person, he should look for the owner till the I2th of Dhil Hijjah and if he fails to find him by the afternoon (asr) of the day, he should slaughter the animal on behalf of the owner.
If an animal cannot be found for sacrifice in time and the pilgrim has the cash ready, he should deposit it with a reliable person to purchase and slaughter an animal on his behalf before the end of Dhil Hijjah and at the same time he should keep fasting. If after the elapse of the whole month of Dhil Hijjah, an animal is not found, then one must be slaughtered in the following year.
If an animal cannot be found and the cash is not available, then in lieu of the sacrifice, the pilgrim must observe fast for ten days, on the seventh, eighth and ninth of Dhil Hijah and the remaining seven at his home after return. As a matter of caution, the seven fasts must be observed consecutively. It is permissible to keep the first three fasts from the first of Dhil Hijjah after the completion of the Umrat-ul-Tamatoo but must be kept consecutively. If he does not retum home but remains in Makkah, he must wait till his companions reach home or for one month before keeping the seven fasts.
If the person on whom there is the obligation to keep the three fasts cannot observe a fast on the seventh of Dhil Hijjah, he should keep the two on the eighth and ninth of the month and the third on his return to Makkah after completing the ceremonies at Mina. If he is unable to fast on the eighth either, he should wait to return from Mina when he should keep the three fasts together. As a matter of caution, on return from Mina, the fasts must be kept without undue delay. If he becomes unable to keep the fasts on return from Mina, he should keep them on his way home or on reaching home but he should not join them with the seven fasts. If he becomes unable to keep the three by the time the moon for the month of Muharram is sighted, he is relieved from the fasts and he must make the sacrifice in the following year.
If it is not possible for a pilgrim to find an animal and the cash for it is not available to him and he observes the three fasts during Hajj but then it becomes possible for him to make the sacrifice, it is obligatory on him to do so as a matter of caution.
If it is not possible for a pilgrim to make the sacrifice on his own but is able to join others in partnership, as a matter of caution, he should do so to make the sacrifice and also keep the fasts as stated above.
If a person hands to another an animal or its value for the other to purchase an animal and sacrifice it on his behalf and subsequently entertains a doubt as to whether the agent has sacrificed the animal or not, he must resolve that the agent has not done so. However, if the agent is a reliable person and informs him that he has sacrificed the animal, then that would be suffcient.
The conditions for the sacrifice of an animal do not apply if the sacrifice is being made to satisfy a penalty (kaffarah) although, as a matter of caution, they should also be fulfilled.
It is not necessary that the animal, whether for sacrifice or penalty; be slaughtered by the pilgrim personally. It is also permissible to appoint an agent to do so in which case the agent must make the intention on behalf of the owner of the sacrifice and not himself although, as a matter of caution, he must make the intention also. The agent must be a Muslim.
THE DISTRIBUTION OF THE SACRIFICE
As a matter of caution, one-third of the sacrifice must be given in charity to the needy faithful, one-third to the faithful as a gift and one-third can be eaten by the owner. It is not obligatory to hand over the one-third to the poor personally but it is permissible to hand it to his agent (even if the agent is the owner of the sacrifice himself) who would distribute according to the instructions of the principal, whether gift to another or sell or abandon or otherwise. It is desirable to take the meat of the sacrifice from Mina if people who are there do not need it.
It is not necessary that the sacrifice be physically divided in three parts. It is enough if he gives one-third undivided share of it in charity, one-third undivided share of it as a gift and eats a portion from the remaining one-third himself.
If a person receives a portion by way of charity or gift, he is free to deal with it as he pleases and there is no objection in his passing ownership in it to a non-faithful or a non-Muslim.
If the animal is stolen after the slaughter as a sacrifice or forcibly snatched before distribution of the meat by way of charity or gift, there is no obligation on the owner of the sacrifice. However, if he deliberately wastes it or gives it to persons not entitled to it, then, as a matter of caution, he is liable for the portion of the poor, that is one-third, as a matter of caution.
3. Shaving of Head and Taqseer:
It is the sixth obligation in the obligatory Hajj and it is necessary that the intention (niyyah) in carrying it out should be to attain nearness to Allah. It is not permissible to perform this obligation before the Idd day or even on its eve except for those who are fearful. As a matter of caution, it should be done during day time and after the throwing of pebbles and the making of sacrifce but if it precedes them or either of them by oversight or ignorance of the rule, then there is need to repeat it.
Shaving of the head is not permissible for ladies and taqseer is specified for them.
Men have the option between shaving of the head and taqseer but shaving of the head is preferred. However, if one applies glue, honey or the like in the hair of the head because of lice or gathers the hair to one side of the head and ties them together, as a matter of caution, he must prefer shaving the head. If it is the first Hajj of the pilgrim, as a matter of caution, he too should prefer to shave the head.
If a pilgrim opts for shaving his head but fears that the barber will injure his head, it is not permissible for him to shave but he should have a crop by a machine or he must perform the taqseer and then have his head shaved.
If it is doubtful whether a person is a male or a female or a hermaphrodite is obliged to perform taqseer unless he has applied glue or honey in the hair or has gathered and tied them, in which case, he should perform both but, as a matter of caution, he should first perform taqseer and then have the head shaven.
After the shaving of head or taqseer, all the matters which had been forbidden during ihram become permissible except intimacy to the wife, perfume and hunting. It is apparent that intimacy to ladies is not exclusively intercourse but applies to all types of enjoyments which are forbidden during ihram. However, a pilgrim can attend the nikah and be a witness at it after shaving his head.
If a pilgrim forgets to perform taqseer or have the head shaven or omits to do so out of ignorance of the rule and departs from Mina, he should return and perform either of them but if it becomes difficult to return, he should perform either of them from wherever he is and, if it is possible, send the hair to Mina. However, if the pilgrim shaves his head somewhere other than Mina, even though deliberately, it is sufficient but, if possible, he must send the hair to Mina
If a person forgets to perform taqseer or have his head shaved or omits to do so out of ignorance of the rule and recalls or learns the rule after completion of all the ceremonies of Hajj and then performs either of them, it is not necessary to repeat the tawaaf and saee, although, as a matter of caution, one should repeat the tawaaf and saee if he recalls or learns the rule while still in Makkah.
TAWAAF OF HAJJ AND THE PRAYERS
(SALAAT) AND SAEE
Seventh, Eighth And Ninth Obligations:
The seventh, eighth and ninth obligations in the obligatory Hajj are tawaaf, its prayers and saee.
The rules, procedures and conditions in respect of them are similar to those set out above for Umrah.
It is recommended to return to Makkah on the Idd day to perform the tawaaf and as a matter of caution not to postpone it beyond the eleventh even though it is permissible to do so. It is permissible to postpone the tawaaf till the end of Dhil Hijjah.
As a matter of caution, it is not permissible in Hajj-ul-Tamatoo to perform the tawaaf of Hajj and the prayers after it and the saee before the two stays at Arafaat and Muzdalifah. The only people who are permitted to perform tawaaf and the prayers before the two stays are
(i) women who fear the start of menstruation or nifaas, that is blood after delivery;
(ii) old and ill people who find it difficult to retum to Makkah or to perform tawaaf after returning from Mina because of the crowd or the like reasons;
(iii) people who fear from any other cause preventing them from returning to Makkah. It is permissible for these groups of people to perform tawaaf and its prayers and saee before the two stays at Arafaat and Muzdalifa. As a matter of caution, they should perform the saee also before the two stays and repeat it at its proper time. It is preferable that the tawaaf and prayers be repeated, if possible, by the end of Dhil Hijjah.
Those who perform the tawaaf of Hajj after the two stays at Arafah and Muzdalifa must perform it after shaving or taqseer. However, if deliberately and knowingly they perform it before the two stays, they must repeat it afterwards and pay the penalty of a sheep.
The rules applicable to a pilgrim who is unable to perform tawaaf, its prayers and saee in Hajj-ul-Tamatoo are the same as those applicable in Umratul-Tamatoo mentioned under Rules 329 and 339 above. A lady who notices that mensturation has statted and is unable to stay in Makkah till she becomes clean to perform the tawaaf, it is necessary for her to appoint an agent to perfarm the tawaaf and its prayers on her behalf and then after the performance of the tawaaf and its prayers by the agent, perform the saee personally
On completion of the tawaaf, prayers and saee, use of perfume becomes lawful but, as a matter of caution, intimacy with wife and hunting still remain prohibited.
For those permitted to perform tawaaf and saee before the two stays, use of perfume will not become lawful until after the completion by them of the ceremonies of Mina, the throwing of pebbles, sacrifice and shaving of head or taqseer.