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Among these pillars the Prophet
mentioned the Hajj
The Prophet (may peace be upon
him) said, " The Hajj which is
accepted will receive no other
reward than Paradise. "
The Prophet (may peace be upon
him) said, " He who performs
Hajj and neither spoke
indecently not did he act
wickedly would return free of
sin as on the (very first) day
his mother born him. "
The Prophet (may peace be upon
him) said, " O people, Allah
made Hajj obligatory for you; so
perform Hajj.
Thereupon a person
said, `Messenger of Allah, (is
it to be performed) every year?'
He (the Holy Prophet) kept
quiet, and the man repeated
(these words) thrice, whereupon
Allah's Messenger (may peace be
upon him) said, `If I were to
say: yes, it would become
obligatory (for you to perform
it every year) and you would not
be able to do it. " Scholars'
Unanimous Agreement: All
scholars have unanimously agreed
that Hajj is obligatory and that
it represents the fifth pillar
of Islam. It is an obligation
that should be performed as soon
as possible.
Obligations
It
means any obligatory act on
which the validity of Hajj
depends and which is redeemed by
offering a sacrifice.
According to this school: the
obligatory act may be
represented as the Essential
[Al-Rukn], and it includes the
Requisite [Al-Shart].
The Four Obligatory Acts of
Hajj:
1. Ihram
2. Standing by `Arafah
3. Ifadah Circumambulation
4. Sa`i between Safa and Marwah
There is agreement among
Juristic Schools on the
obligatory and necessary rituals
of Hajj.
Hajj Jurisprudence Requisite
The Hajj Requisites according to
the Hanafi Juristic School
1. Being a Muslim: Performing
Hajj is not required from a
non-Muslim. If a non-Muslim
performs Hajj, it will not be
accepted.
2. Sanity: Performing Hajj is
not required from an insane
person. If an insane person
performs Hajj, it will not be
accepted.
3. Adulthood: Performing Hajj is
not required from a child. If a
child performs Hajj, his Hajj
will be accepted if he has
reached the age of discretion.
Moreover, a child's performance
of Hajj does not exempt him from
performing the obligatory Hajj
after reaching adulthood.
4. Freedom: Performing Hajj is
not obligatory to a slave.
5. Physical ability.
6. A means of transport should
be available along with the
financial ability to afford for
the journey.
7. The journey should be safe.
As for a female
pilgrim:
1. She should be accompanied
by her husband or an
unmarriageable person.
2. She should not be in the
waiting period of irrevocable
divorce or in mourning for her
husband.
The Hajj Requisites according
to the Maliki Juristic School
1. Being a Muslim: Performing
Hajj is not required from a
non-Muslim. If a non-Muslim
performs Hajj, it will not be
accepted.
2. Sanity: Performing Hajj is
not required from an insane
person. If an insane person
performs Hajj, it will not be
accepted.
3. Adulthood: Performing Hajj is
not required from a child. If a
child performs Hajj, his Hajj
will be accepted if he has
reached the age of discretion.
Moreover, a child's performance
of Hajj does not exempt him from
performing the obligatory Hajj
after reaching adulthood.
4. Freedom: Performing Hajj is
not required from a slave.
5. Physical and financial
ability.
As for a female pilgrim:
She
should be accompanied by an
unmarriageable person. It
is not necessary for her to be
accompanied by her husband or an
unmarriageable person. Young or
old, she is allowed to perform
Hajj if she finds a trustworthy
company to go with.
The Hajj Requisites according to
the Shafi`i Juristic School
Obligatory Acts of Hajj:
Necessary ritual means whatever
ritual a pilgrim must observe
and if not, he should offer a
sacrificial animal.
The Seven Obligations of
Hajj:
1. Performing Ihram from Miqat
2. Standing by `Arafah
3. Spending one night in
Muzdalifah
4. Spending one night in Mina
5. Shaving the head or cutting
hair short (shaving is
recommended)
6. Throwing pebbles
7. Farewell Circumambulation
There
is agreement among Juristic
Schools on the obligatory and
necessary rituals of Hajj.
Supererogatory:
It means
whatever ritual the Lawgiver
demands, without much stress,
and that which if one performs,
he will be rewarded; and if he
chooses not to perform, he will
not be punished. According to
this Juristic School, the words
Supererogatory [Sunnah],
Preferable [Mandub], Desirable [Mustahab],
and Voluntary [Tatawu`] are
synonymous.
Some supererogatory acts
of Hajj:
1. Washing the whole body upon
entering into the state of Ihram
2. Performing Talbiah
3. Performing the arrival
circumambulation for a Mufrid or
Qarin pilgrim
4. Spending the night of `Arafah
in Muzdalifah
5. Performing Ramal and Idtibah`
during the arrival
circumambulation
TAMATTU
It is the act of performing `Umrah
in the Hajj season then
performing the Hajj itself in
the same year. In this type of
Hajj, a pilgrim intends to
perform Tamattu` before setting
forth on journey. He intends `Umrah
and enters into the state of
Ihram while uttering, "O Allah!
I answer Your call to perform `Umrah.
O Allah! I intend to perform `Umrah,
so make it easy for me, and
accept it from me. I intend to
perform `Umrah and I put on the
garb of Ihram only for You, O
Allah (the Almighty)." He then
starts to pronounce the Talbiah.
Such a pilgrim, upon reaching
Mecca and visiting the Sacred
House, circumambulates the
Ka`bah seven times, walks
between Safa and Marwah seven
times, then removes his Hajj
garb and gets his hair cut or
shaved.
He may do everything that is
permissible but was prohibited
for him in the state of Ihram
till the 8th of Dhul-Hijjah (the
day of Tarwiah), as he states
his intention and puts on the
Hajj garb from his residence,
while uttering "O Allah! I
answer Your call to perform
Hajj. O Allah! I intend to
perform Hajj, so make it easy
for me, and accept it from me. I
intend to perform Hajj and I put
on the garb of Ihram only for
You, O Allah (the Almighty)."
Then he starts to pronounce the
Talbiah that goes: "O Allah!
Here I am at Your service. I
respond to Your call, O Allah!
Here I am at Your service. I
respond to Your call. Here I am
at Your service. I respond to
Your call, and I am obedient to
Your orders, You have no
partner. Here I am at Your
service. I respond to Your call.
All praises and grace are due to
You and all sovereignty is (too)
for You and You have no partner
with You. O Allah! I forbid
myself, my hair, skin and body
from wearing perfume on and from
touching women. This is
something that You prevent the
one who is in a state of Ihram
from doing it, and I do this
only for Your sake, O Allah!
Lord of the worlds."
Upon this, he must make an
Offering, because he has
performed `Umrah during the
season of Hajj, as stated in the
Holy Qur'an: "If any one wishes
to continue the `Umrah on to the
Hajj, he must make an Offering
such as he can afford." For the
pilgrim performing Tamattu`
Hajj, the Circumambulation [Tawaf]
of `Umrah is performed instead
of the Arrival [Qudum]
Circumambulation. Then, after
the first act of removing the
garb of Ihram, he performs the
Ifadah Circumambulation and
walks between Safa and Marwah
for Hajj.
Qiran
It is to combine both Hajj and `Umrah
in only one Ihram. In this type
of Hajj, the pilgrim intends to
perform both of them with
declaring his intention only
once, saying, "O Allah! I answer
Your call to perform Hajj and `Umrah."
Then, he starts to pronounce the
Talbiah, and remain in the state
of Ihram till the morning of the
`Id Al-Adha [Greater Bairam].
Then, he sets forth to throw
pebbles at the greater Jamrah of
Al-`Aqabah located near Mecca,
gets his hair shaved or cut, and
slaughters his Offering. Upon
completing, he can do the first
act of removing his Ihram, and
enjoy everything except touching
women. Also, he can perform the
Ifadah Circumambulation [Tawaf]
while wearing his usual clothes.
As for the one who performs the
Qiran, the Sa`i which he
performed after the
Circumambulation upon entering
the Sacred House, will not have
to be performed after the Ifadah
Circumambulation. That is
because that Sa`i was performed
for both Hajj and `Umrah.
Finally, he must make an
Offering because he has joined
the rituals of Hajj and `Umrah
together.
IFRAD
It is the intention to perform
Hajj only. In this type of Hajj,
a pilgrim declares that
intention while still at his own
home and wears the garb of Ihram
for the Hajj only. Upon reaching
the Sacred House, he starts to
circumambulate the Ka`bah and to
walk between Safa and Marwah for
Hajj only. He must keep wearing
the garb of Ihram till the
morning of `Id Al-Adha [Greater
Bairam]. Then, he sets forth to
throw the pebbles at the greater
Jamrah of Al-`Aqabah near Mecca,
then gets his hair shaved or
cut, and slaughters his
sacrificial animal. Then, he can
remove his Ihram, and no
Offering has he to make.
Hajj by Proxy
Whoever is able to perform Hajj
and then something detains him
from performing it, whether
illness or old age, should
charge someone to perform Hajj
on his behalf. Al-Fadl bin `Abbas
reported that a woman from
Khath`am said to the Prophet
(peace be upon him), "O
Messenger of Allah! The rite of
Hajj which Allah ordained upon
His servants has become
obligatory upon my father, but
he is too old to ride a camel.
May I perform Hajj on his
behalf?" He answered, "Yes."
This view was held by Al-Shafi`i,
Ahmad and Abu Hanifah, whereas
Malik maintained that such a man
is not obliged to charge anyone
to perform Hajj on his behalf.
If a person is ill and charges
someone else to perform Hajj on
his behalf, he is not relieved
of his obligation, rather he is
required to perform it after
recovery. However, Ahmad held
that he is not required to
perform it himself, even after
recovery.
As for the one who has performed
Hajj in fulfillment of a vow and
has not yet performed Hajj as an
Islamic obligation, his Hajj is
considered as a fulfillment of
the command and should fulfill
his vow by another Hajj.
If a person died without
performing Hajj as an Islamic
obligation or as a vow, it is
then obligatory upon his
successor to charge someone to
perform Hajj on his behalf and
to finance his journey from the
deceased person's money. This is
the view held by the Shafi`is
and the Hanbalis, whereas the
Hanafis and the Malikis
maintained that it is not
obligatory upon the successor to
perform Hajj on behalf of the
deceased person unless he willed
it, and the costs of the journey
should be taken from one-third
of the estate.
Before performing Hajj on behalf
of someone else, a person must
have performed Hajj for himself
whether having the ability or
not. This is based on Ibn `Abbas's
hadith: Allah's Messenger (peace
be upon him) heard a man saying,
"O Allah! Here I am in response
to Your call on behalf of
Shabrumah." The Prophet (peace
be upon him) asked him, "Have
you performed your own Hajj? "
He replied, "No", whereupon the
Prophet (peace be upon him )
said to him, "You must perform
Hajj for yourself first, then
for Shabrumah."
Women's Hajj
A female pilgrim should be
accompanied by her husband or a
person unmarriageable to her,
for Ibn `Abbas (may Allah be
pleased with the son and his
father) said: I heard Allah's
Messenger (peace be upon him)
saying, "A female pilgrim should
not travel except in the company
of her husband or a person
unmarriageable to her." A man
stood and said, "O Messenger of
Allah! My wife is going to
perform Hajj while I have listed
myself among those who will
participate in a battle." He
replied, "Go and perform Hajj
with your wife."
The Hanafis and Hanbalis have
held that a female pilgrim
should be accompanied by her
husband or a person
unmarriageable to her. The
Shafi`is have held that she may
be accompanied by her husband, a
person unmarriageable to her or
by pious and upright women; and
some said that only one pious
and upright woman is enough.
The Malikis maintained that she
can go in the company of a
trustworthy group if she could
reach Mecca in no more than full
day. If a woman does not fulfill
this condition and goes to
perform Hajj alone without her
husband or a relative
unmarriageable to her, her Hajj
is valid but she shall bear the
sin of not abiding by the
commands of Hajj. These
conditions are only required in
the obligatory Hajj or `Umrah.
Seeking the husband's permission
to perform Hajj:
A husband has no right to forbid
his wife from performing the
obligatory Hajj or a votive
Hajj, but he can forbid her from
going on a voluntary Hajj. In
this case, she is to bear the
costs of the necessary
companion, but neither her
husband nor the relative
unmarriageable to her is obliged
to travel with her.
As for the women giving birth to
a child or having monthly
period, they should complete the
Hajj rituals except
circumambulating the Sacred
House. This is based on the
hadith of `A'shah (Allah may be
pleased with her) said: I came
to Mecca while having my monthly
period and performed neither
circumambulation around the
Sacred House nor Sa`i between
Safa and Marwah. I narrated this
to the Prophet (peace be upon
him) who said: "Act as a pilgrim
should act but avoid
circumambulation until you get
pure."
In case she gets impure due to
menstruation or childbirth
before performing the Arrival
Circumambulation, she is not
obliged to perform it and
nothing is required from her.
In case she gets impure due to
menstruation or childbirth
before performing the Ifadah
Circumambulation, she should
maintain her state of Ihram
until she gets pure and then
circumambulate.
Malikis, Shafi`is and Hanbalis
held that her Circumambulation
would not be accepted so long as
she is in the state of
menstruation. Hanafis maintained
that her Circumambulation is
valid, yet undesirable and
sinful.
In case she gets impure due to
menstruation or childbirth after
performing the Ifadah
Circumambulation, she is not
obliged to perform the Farewell
Circumambulation.
Children's Hajj
Hajj is not obligatory on
children. However, if they
perform Hajj, it will be valid
but does not exempt them from
performing the obligatory Hajj.
Once, a woman brought a boy to
Allah's Messenger (peace be upon
him) and asked, "Would the Hajj
of this boy be valid?" He said,
"Yes, and you will have a reward
for doing so." Jabir (may Allah
be pleased with him) said, "
When we performed Hajj with
Allah's Messenger (peace be upon
him), we had our women and
children with us. We pronounced
Talbiah and threw pebbles on
behalf of our children. "
If children perform Hajj, it
will be obligatory for them to
perform Hajj again when they
attain puberty. Likewise, if a
slave performs Hajj and then
gains his freedom, he will have
to perform Hajj again if he is
able to finance the journey.
Ibn `Abbas (may Allah be pleased
with the son and his father)
reported that the Prophet (peace
be upon him) said, "If a boy
performs Hajj and then attains
puberty, he should perform Hajj
again. And if a slave performs
Hajj and then gains his freedom,
he should perform Hajj again."
If the child reaches the age of
discretion, he can enter the
state of Ihram and perform the
rituals of Hajj alone.
Otherwise, his guardian can
perform the rites on his behalf,
pronounce Talbiah,
circumambulate with him, run
between Safa and Marwah, stand
at `Arafah, and throw the
pebbles on his behalf.
If he attains puberty before
standing at `Arafah or during
it, he will not have to perform
Hajj again
Malik maintained that this Hajj
will not suffice the child,
while the Hanafis held that it
does suffice him if he renews
his Ihram after attaining
puberty.
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