Rules of Sa'y
Sa'y is one of the fundamentals of Hajj.If one deliberately fails to perform
it - whether conversant with the rule or not - to the extent that it becomes
impossible to complete Umrah rituals in time (i.e. before the zawaal of wuquf at
Arafat) the Hajj is invalidated.The rules applicable to such a pilgrimare
the same as those governing the one who deliberately fails to perform tawaf.
These have already been discussed under Tawaf.
Rule 341:
If a pilgrim forgets toperform sa'y, he must perform it whenever he remembers.However, if one remembers
after completing the ceremonies of Hajj, and is unable to perform sa'y
personally, because of some constraint or difficulty, he must resort to
appointing an agent.In both the cases, the pilgrimage will be valid.
Rule 342:
If a pilgrim is unable toperform sa'y in time, even with the another person's help, he must enlist the
service of another, who could carry him or push him in a wheelchair.If help
was not at hand, he may hire an agent to perform sa'y on his behalf. Inability
to use a proxy, due to ill health, could be resolved by the pilgrim's next of
kin, or another person, carrying it out for him. Hajj, in both the cases, will
be valid.
Rule 343:
A pilgrim must, as a matterof precaution, not delay performing sa'y, after having completed tawaf and its
prayer. Evidently, though, it is permissible to delay it till night time to
overcome tiredness or avoid hot weather, indeed at all circumstances - on the
strength of the evidence (alal aqwa). Nevertheless, it is not permissible to
delay it to the next day.
Rule 344:
The rule, governing thedoubt of doing extra rounds in sa'y, is exactly the same as the that governing
tawaf. It invalidates the sa'y if, knowingly and deliberately, additional rounds
are made.However, if the lapse occurs out of ignorance of the rule, sa'y
will evidently not be invalidated, albeit repetition is recommended, as a matter
of precaution.
Rule 345:
If a pilgrim, performingsa'y, makes extra rounds by mistake, his sa'y is valid. However, if the increase
is a complete round or more, it is mustahab to complete seven rounds to make a
full sa'y, on top of the first one. In this way he should complete it at
Safa.
Rule 346:
If a pilgrim deliberatelyfalls short of the required rounds in sa'y, be he conversant with the rules or
not, he shall be governed by the same rules of him who fails to do sa'y.If
the shortfall was inadvertent, he must rectify the situation whenever he
remembers, evidently, whether the decrease was one round or moreIf the lapse
is realized after a while, such as remembering mistake made during the sa'y of
Umrat-ut-Tamatu' while he is in Arafat or after the expiry of Thil Hijjah, he
must hasten to repeat the sa'y, as a matter of precaution.If, for any
reason, he could not, he must hire an agent to do it for him. As a matter of
precaution, the agent must do both - finish the forgotten rounds off and repeat
the sa'y.
Rule 347:
If, in the course ofUmrat-ut-Tamatu', a pilgrim mistakenly fails to perform part of sa'y, in the
belief that he had completed it, he must, as a matter of precaution, sacrifice a
cow as a kaffarah (kaffarah ); it, as already stated, is obligatory to complete
the sa'y.
Doubt in Sa'y
Doubt, in the number of rounds of sa'y or whether it was done properly, must
be ignored; that is after it is no longer feasible to rectify it. For example,
if the doubt arises in Umrat-ut-Tamatu', after taqseer, or in Hajj, after the
embarkation on Tawafun Nisa.If the doubt, in the number of rounds after
completing sa'y; was in favour of an increase, he must ignore it, should it
arise before taqseer.If the doubt was in favour of a lesser number of rounds,
the sa'y is invalidated.
Rule 348:
If the doubt, in favour ofan increase, happens towards the end of the round, such as on reaching Marwah, a
pilgrim thought it was his seventh or ninth round, the doubt should be
ignored and sa'y is therefore valid. However, if the same doubt arises in the
course of a round, the sa'y is invalidated and has to be performed again.
Rule 349:
The rule on doubt in thenumber of rounds in sa'y is the same as the rule for doubts arising in the
course of tawaf. As a general rule, if there is doubt in the number of rounds,
the sa'y is invalidated.