The Rituals of Hajj [Electronic resources] نسخه متنی

Wuquf at Arafat

The second obligation in Hajj-ut-Tamatu' is the stay at Arafat.The objective
of performing this act of worship has to be the niyyah of qurbah (attainment of
closes to Allah. The requirement is the presence in Arafat, regardless of
whether the pilgrim is riding, walking, sitting or moving.

Rule 365:

The boundaries of Arafat are
from Oranah, Thowayeh, Namerah to Thil Mijaz and Maazamein. Obviously, these
boundaries are outside the places of wuquf for the pilgrims.

Rule 366:

Apparently, Mount Rahmah is
within the part of the place for wuquf. However, it is recommended to stay on
the flat land to the left of the mountain.

Rule 367:

What is important in wuquf
is the niyyah. If a pilgrim had set out with such an intention, right from the
start of time, and fell asleep or became unconscious throughout the remaining
period, it suffices.

However, if his sleep or unconsciousness took place
throughout the period, i.e. prior to the niyyah, wuquf will not count as valid.
In contrast, if the same situation happens, but with the niyyah, there is not a
clear-cut ruling (ishkal).

Rule 365:

Wuquf at Arafat should, as a
matter of precaution, be from the beginning of zawaal on the ninth of Thil
Hijjah till sunset.Apparently, a delay caused by performing ghusl or praying
Dhuhr and Asr jointly is permissible. The wuquf there for this period is
obligatory and whoever fails to do so, by choice, commits a sin.

However, it
is not one of the fundamentals of Hajj, i.e. if one fails to do it there for a
portion of the required time, one's Hajj is not invalidated.Yet, if one
deliberately fails to do there altogether, the Hajj is invalidated. Presence
there is one of the requirements, not wuquf throughout the period.

Rule 369:

If a pilgrim forgets to
perform wuquf at Arafat or fails to do so out of ignorance, or other reasons, it
is obligatory on him to perform it there for part of the Eid eve; his Hajj will
then be considered valid. If he fails to do it there at all, his Hajj will be
invalidated.

This rule applies when the pilgrim can catch up with the wuquf
at Muzdalifah before sunrise; however, if he was unsure about reaching
Muzdalifah before sunrise, he must confine his wuquf to Muzdalifah only; his
Hajj will therefore be valid.

Rule 370:

It is forbidden to depart
from Arafat knowingly and deliberately before sunset. However, doing so does not
invalidate the Hajj. There is no kaffarah incurred, if the pilgrim returns to
Arafat.Otherwise, he must, as a matter of precaution, sacrifice a camel in Mina,
not Makkah. Should this not be possible, he must observe fast for eighteen
consecutive days in Makkah or on his way home.

The same rule applies to one
who does it prematurely due to forgetfulness or is ignorant of the rule.It is
obligatory on him to return there on remembering or becoming aware of the rule.
Otherwise, he must, as a matter of precaution, pay the kaffarah in question.

Rule 371:

Since performing Hajj
rituals, such as wuquf at Arafat and Muzdalifah, stoning the Jamarat, and
staying at Mina, is obligatory on certain days and nights of the month of Thil
Hijjah,it is the duty of the pilgrim to investigate the sighting of the moon for
that month, so that he can perform the ceremonies at the correct times.

If
the Qadhi (Religious Authority) of the Holy Places proclaims the sighting of the
moon, albeit not according to the shar'i criteria, it may be said to be
acceptable for those convinced that the proclamation was correct. They must
abide by it; 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 a pilgrim is not convinced of its validity,
especially when taqiyyah requires such a practice. However, both the views are
extremely problematic, i.e. not clear-cut. Accordingly, if it was possible for a
pilgrim to perform all the ceremonies on the appointed times, pursuant to the
accepted procedure for ascertaining the sighting of the moon, his pilgrimage is
evidently valid.

Otherwise, if he ignores the opinion of the Qadhi regarding
the two wuqufs [at Arafat and Muzdalifah] his pilgrimage is invalidated; if,
however, he follows the opinion of the Qadhi, without making investigations, the
validity of his pilgrimage is arguable (ishkal).