The Rituals of Hajj [Electronic resources] نسخه متنی

Persons prevented from performing
Hajj

Rule 438:

By "the pilgrim who has been
turned away from getting to the holy places", (almasdood) we mean the one who,
after assuming a state of ihram, receives such a treatment at the hands of the
enemy, or due to any other force majeure, resulting in the pilgrim not able to
perform Hajj or Umrah.

Rule 439:

Should this happen in Umrah
Mufradah, and the pilgrim was accompanying his hady, he could undo his ihram
after slaughtering the hady at the place where he was prevented from proceeding
to the holy places. If he wanted to undo his ihram, yet he was not in possession
of hady, he should obtain an animal and sacrifice it, as a matter of
precaution.

He should, as a matter of precaution, too perform taqseer or
shaving. This also applies to the pilgrim, in Umrat-ut-Tamatu', who was
prevented from performing Hajj.However, if he was prevented from getting to the
Ka'ba before the two wuqufs, in particular, his obligation could turn into
Hajj-ul-Ifraad.

Rule 440:

A Pilgrim, performing
Hajj-ut-Tamatu', could be prevented from holding the two wuqufs or, in
particular, the one at Muzdalifah. He should, as a matter of precaution, perform
tawaf and sa'y, then shave his head and sacrifice a sheep to end his state of
ihram.

If he was prevented from tawaf and sa'y after the two wuqufs, the
ceremonies at Mina, and was unable to hire an agent, he must offer the hady at
the place where he was turned away.

If it is possible to hire an agent, he
must, as a matter of precaution, do both, i.e. offer the hady and hire an agent
to complete the ceremonies on his behalf.

If a person was prevented,
especially from the ceremonies at Mina without affecting his entry into Makkah,
he must, where possible, hire an agent to perform rami and offer the hady on his
behalf. He can then have his head shaven or perform taqseer and, if possible,
send his hair to Mina.Only then, can he come out of ihram, and perform the
remaining rituals.

If it was not possible for him to hire an agent, he could
be relieved from offering the hady; instead, he must fast, have his head shaven
or perform taqseer.He can then proceed to Makkah to complete the ceremonies. All
prohibitions observed in a state of ihram, including those regarding intimacy
with his wife, shall be lifted. His Hajj will be valid.

Rule 441:

By offering the sacrifice, a
person prevented from performing Hajj or Umrah is not relieved of his obligation
to perform them. If the intention was to perform Hijjatul Islam, and he was
turned away, then ended his ihram by offering the hady, he remains liable to
discharge this obligation. It is obligatory on him to perform it afresh, so long
as he can afford it.

Rule 442:

If he was prevented from
returning to Mina to spend the night there and perform rami, this shall not
detract from his Hajj.The rules governing the pilgrim who is turned away do not
apply in this case.

However, he must hire an agent to perform rami on his
behalf in that year.Should this not be possible, it must be carried out in the
following year, either in person, if he was present there and then, or by his
agent, as a matter of preferred precaution.

Rule 443:

Insofar as the hady is
concerned, there is no difference whether it is a camel, a cow, or a sheep. If
the pilgrim is unable to offer the sacrifice, he should, as a matter of
precaution, fast for ten days instead.

Rule 444:

If the pilgrim, in a state
of ihram, does have sex with his wife before the wuquf at Muzdalifah, he must
complete the remaining ceremonies and repeat the Hajj as mentioned
earlier.

However, if he is prevented from completing the ceremonies, the
rules relating to the prevented (almasdood) pilgrim would apply to
him.Nevertheless, he should bear a kaffarah for having sex in addition to
sacrificing the animal for hady.

Persons prevented from completeing hajj due to
sickness and the like

Rule 445:

By "almahsoor" we mean any
person who is prevented by sickness, or the like, from getting to the holy
places, after he has entered into a state of ihram.

Rule 446:

If such a thing happens to a
pilgrim intending to perform Umrat-ul-Mufradah or Umrat-ut-Tamatu' , and who
wishes to come out of his ihram, his obligation is to despatch an animal or its
price to Makkah and seek a promise from his companion to offer the hady there at
an appointed time. At the appointed time, he must shave or perform taqseer. Only
then can he come out of his ihram.

Should this not be possible, he is
permitted to offer the hady where he is, whereby he can be acquitted of his
obligation. If the eventuality arises during Hajj, the rules stated above will
apply. However, the place of sacrifice is Mina and the time is Eid day.

In
all the above-mentioned cases, the pilgrim in question is relieved of his
obligations, barring intimacy with his wife. However, in both Hajj and Umrah,
only after he has completed tawaf and sa'y can he be absolved of the
responsibility.

Rule 447:

During Umrah, the pilgrim
may become sick. Accordingly, he dispatches an animal for sacrifice. He then
recovers, so much so that he is now able to continue with his journey to Makkah
and arrives there before the animal is offered. In such a case, he must
sacrifice it himself.

Assuming that it was Umrat-ul-Mufradah, his obligation
is only to complete it. If it was Umrat-ut-Tamatu' and he was able to complete
its ceremonies before the zawaal of the day of Arafat, he should do so;
otherwise, his Hajj should evidently switch to Hajj-ul-Ifraad. The same rule
applies, if he had not dispatched an animal for sacrifice, waited till recovery,
and was able to continue the journey.

Rule 448:

If the pilgrim falls sick
and sends the hady, then he recovers that he feels he could perform pilgrimage,
he should join in the ceremonies. If he fulfils the requirements of the two
wuqufs or, in particular, the one at Muzdalifah, he will have performed the
Hajj, as stated above. He should complete the ceremonies and offer the
hady.

However, if he fails to get there and no one offered the hady for him,
his Hajj will turn into Umrat-ul-Mufradah.However, if some one did the job for
him, he will be relieved from the restrictions imposed while in a state of
ihram, except for intimacy with his wife. It is obligatory on him to perform
tawaf and sa'y, in Hajj or Umrah, to resume sexual relationship with his
wife.

Rule 449:

If a person is prevented
from performing tawaf and sa'y because of illness or the like, he can hire an
agent to perform them on his behalf. However, he must say tawaf prayer when the
agent has completed the tawaf.

If he was prevented from proceeding to Mina
and performing its ceremonies, he must deputize somebody to perform rami and
offer hady. Then he must shave his head or do taqseer and send his hair to Mina,
if possible. He should then complete the other rituals.

Rule 450:

If the pilgrim is prevented
from performing pilgrimage, then dispatches the hady, but before reaching the
appointed place, he complained of headache, it is permissible for him to shave
his head. If he does so, he must sacrifice a sheep at the place, fast for three
days, or feed six poor persons with two muds of food each [equivalent to one and
a half kilos].

Rule 451:

By offering the sacrifice,
the pilgrim in question can only be spared the prohibitions of ihram, but not
relieved of his obligation to performing Hijjatul Islam.He must repeat it in the
following year, so long as he remained solvent and obligated to perform it.

Rule 452:

If the pilgrim in question
does not offer the hady, nor has he the money to pay for it, he must observe
fast for ten days.

Rule 453:

The pilgrim, in a state of
ihram, may find himself in a position where he is unable to continue his journey
to the holy places to perform the ceremonies of Umrah or Hajj, for reasons other
than those stated above.

If he is in Umrat-ul-Mufradah, he should, as a
matter of precaution, offer the hady, and shave his head or do taqseer where he
is; only then can he be relieved of the state of ihram he was in. The same rule
applies to Umrat-ut-Tamatu'. Otherwise, his obligation should apparently change
to Hajj-ul-Ifraad.

However, if in the course of the Hajj, he was unable to
hold the wuqufs at Arafat and Muzdalifah, and especially the one at Muzdalifah,
he could be relieved of his ihram by way of Umrat-ul-Mufradah.

Rule 454:

A group of jurists make a
special provision in the case of the pilgrim who does not bring the hady with
him, vowing at the time of wearing ihram to the effect that Allah relieves him
at the place where he has been prevented from getting to the holy places by an
enemy, illness, or any force majeure.

They are of the opinion that, having
made this vow, the pilgrim can be relieved of all the prohibitions of ihram,and
that there is no need for him to offer the hady, shave, perform tawaf or sa'y,
necessary to resume sexual union with his wife.

Although this opinion could
be tolerated, yet one should, as a matter of precaution, observe the procedure
for undoing one's ihram at the time when the obstruction arises, as discussed in
the preceding Rules. Accordingly, such condition becomes redundant.

This
concludes the obligations of Hajj. We can now turn to the code of conduct that
would guide the pilgrim through carrying out that which is commendable to do and
yield the reward from the Almighty. Scholars have covered this area in detail.
So, we think that outlining some mustahab acts of worship, in the course of
performing Hajj, in this work should suffice.