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Not Praying After the Tawaf and Doing the Sa'ee While not in a State of Ihram

Answered by Shaykh Ilyas Patel
Question: Assalamu ‘alaykum,
1) For one of the tawafs I performed, I never read the two nafl salah as I think I thought it was sunnah not Wajib. Are acts like tawaf like the  prayer after Tawaf in that you make qada of them?
I have already made qada of the salah. Is dam/penalty wajib? 
2) All my family performed the sa’y of Tawaf al Ziyara before the Hajj days by performing a nafl tawaf before it and then intending the sa’y of Hajj. None of us were in a state of Ihram for this wajib sa’y. Is this sa’y valid?
3) Only one penalty is needed to cover both mistakes?
4)Despite these offences, if one made the necessary reparations, is this Hajj considered acceptable or is it better to make niyyah/preparations to do it again because wajibaat were missed ? 
5) With respect to other family members etc, if penalty is wajib am I obliged to tell them that? One member of the group delegated the stoning – some of us (including a doctor) didn’t think he had a good excuse. Was that wajib for him?
6) Does one have to tell the person instructed to do the sacrifice that it’s for a penalty for Hajj violations or ideally not reveal that sin?
Answer: Wassalamu alaykum
I hope you are well.
1)The performance of two rakat salah after a Tawaf is wajib. The performance of it is not fixed to Makkah or any particular place. One is allowed to perform it throughout one’s life, although it is recommended to perform it after the Tawaf. Therefore, your performance of it later is valid and would not require a dam/penalty because the performing two rakat after Tawaf is from the wajibat of Tawaf and not Hajj.
(Umdat al fiqh Vo. 5 pg 179)
2)The Ihram for Haj [and Umrah] must be made prior to the performance of sa’ee. The detail is, if the sa’ee is pertaining to hajj and is observed before the wuquf of Arafah then it is a condition that the pilgrim must be in a state of Ihram at the time of sa’ee.
(Mu’allim al Hujjaj pg 177)
Therefore, in your case, because you were not in a state of Ihram during the sa’ ee you will have to give a dam/penalty.
3)One dam/penalty will have to be given, due to not preceding the Sa’ee with the Ihram of Hajj
The integrals of Sa’ee are: a) To perform it between Safa and Marwa, b) To perform Sa’ee after the completion of Tawaf or most part of it, c) To precede the Sa’ee with the Ihram of Hajj or Umrah, d) To begin the Sa’ee from Safa and to end at Marwa, e) In Hajj, to perform the Sa’ee in its time (Hajj days),f) To perform most part of the Sa’ee
(Mu’allim al-Hujjaj)
4) It is a good intention to want to repeat the Haj again, but having corrected your mistakes by giving a dam/penalty it would suffice.
5)Yes one is obliged to tell others of their Haj violations in a proper and caring manner, as mistakes can happen.
Pelting the pillars is a wajib, therefore one will have to give a dam/penalty if the stoning was delegated to someone else without a valid excuse.
6)One is not revealing a sin, and the dam/penalty has to be given in the vicinity of the haram anyway.One should instruct the agency that the sacrifice is for a hajj violation so they take due consideration.
Ilyas Patel

The Hajj Collection – Shaykh Abdal Hakim Murad – Cambridge Khutbahs Etc

The Hajj Collection – Shaykh Abdal Hakim Murad – Cambridge Khutbahs Etc

As we received so much positive feedback for our Ramadan Reader, please find below an assortment of resources that centre on the days of the Hajj and the festival of Eid-ul-Adha.

Talks and Lectures

Hajj: The Inward Spiral – A sermon exploring the deep significance of the Hajj, with its rites echoing in distant pre-eternity when all souls past present and future stood in witnessing before God.

The Purification of Hajj –  A striking khutba discussing the transformative qualities of yearly festival and ritual, moving beyond mere pageantry to times when our selves can be cleansed and elevated.

Sacrifice and Submission – An Eid-ul-Adha khutba drawing the parallel between the sacrifice that Abraham was commanded to make and the ones we have to make when clearing our lives of those obstacles in our lives barring us from the Divine.

Fathers and Sons and Hud and her Sisters – A pair of sermons that both centre on the House of Abraham, which of course feature so strongly and prominently in the origins and the significance of the Hajj.

Articles

Ten Good Manners for Hajj – A translation by the Sheikh from Imam Ghazali’s magisterial Ihya ulum ad-Din.

From Drury Lane to Makka – A moving account of the first recorded visit English Muslim to the Holy Sanctuary

Hajj: an inward journey – An article published in Emel magazine, exploring the idea that Hajj is a journey on different planes, the effects of which transcend space and even time.

Thought for the Day transcripts
21st January 2005 Hajj in full swing

Ten Good Manners for Hajj by Imam al-Ghazali – Translated Abdal Hakim Murad

Ten Good Manners for Hajj by Imam al-Ghazali trans. Abdal Hakim Murad

There are ten good manners which the pilgrim should observe.

Firstly, the money he spends must come from halal sources. He must strive, likewise, to avoid carrying on any business while on Hajj, such as would occupy the heart and distract his attention; for his purpose should be solely to remember Allah and to honour His rites. It is related that ‘at the end of time, four types of people will perform Hajj: the rulers (for enjoyment), the wealthy (to do business), the poor (to beg), and the Quran-reciters (to show off).’ This report indicates the kind of worldly purposes which can lie behind people’s Hajj, and they all destroy the Hajj’s merit and prevent people from performing the ceremony in its inward reality. Particularly devoid of benefit is the Hajj made by someone on another’s behalf in exchange for money, for such a pilgrimage is done for the sake of this world, not the next. Scrupulous believers and people of pure heart have said that the only exception which ever occurs to this is when the intention is to stay in Makka for some time, and the only way to afford the journey is this kind of surrogate Hajj. If this is the intention, namely, that one is using dunya to pursue din, and not the other way around, then such a paid pilgrimage is not wrong. But the intention should be stated as ‘visiting Allah’s pure House, and helping an incapable Muslim brother to discharge an obligation’.

Secondly, the pilgrim must not assist Allah’s enemies by paying them unlawful taxes and levies. Such people are considered among ‘those who obstruct God’s path’, and include the desert Arabs who ambush pilgrims along the route. Because to hand them money is to give support to injustice, one must find ruses and tricks to avoid this as much as one can. Wearing poor and humble clothes will often help. But if this is not possible, then some scholars have said that if the Hajj is a second or subsequent one, then it is best to return home without making the payment. Such charges are a disgraceful innovation, and to submit to them gives them the appearance of legitimate custom, and brings only humiliation and abasement to the Muslims.

Thirdly, one should bring much food with one, and be open-hearted and generous in sharing it with others. But one should not go to wasteful extremes in enjoying delectable kinds of food and drink, as those who live in luxury do. Other than this, one cannot be too generous and liberal in feeding other pilgrims, for ‘goodness knows no extravagance’. To share one’s food supply with others during the Hajj is to spend in God’s path; as Ibn Umar said: ‘The best pilgrim is the noblest in intention, the purest in giving, and the greatest in certainty.’ The Prophet, upon him be blessings and peace, once said: ‘A fulfilled Hajj has no reward other than Paradise.’ He was asked, ‘O Messenger of God, and what is the “fulfillment” of Hajj?’ and he replied: ‘Speaking good words, and giving out food.’

Fourthly, during the Hajj one must renounce all rafath, fusuq, and jidal, as the Quran says. ‘Rafath’ is an inclusive term for loose and obscene talk. It includes flirting with women and mentioning anything connected with sexual desire. ‘Fusuq’ is a term for any departure from obedience to Allah, while ‘jidal’ means boastful and argumentative talk of the kind that provokes rancour, scatters one’s intention, and violates the rules of good manners and behaviour. It is reprehensible, therefore, to criticise or go against the wishes of one’s companions, for one should always be gentle and respectful of travellers to God’s House. Good character is not the repayment of harm, but the endurance of it. It is said that travel (safar) received its name because it unveils (sufur) people’s character traits, which is why Umar (may Allah be pleased with him) told a man who claimed that he knew a friend well, ‘Have you travelled with him?’ When the man replied that he had not, Umar simply said, ‘Then you do not know him.’

Fifthly, one should perform as much of the Hajj as possible on foot. On his deathbed, Ibn Abbas told his sons: ‘My sons, you should make Hajj on foot, for the walking pilgrim receives seven hundred blessings from the Sacred Sanctuary with every step he takes.’ One should take particular care to walk during the important rituals, such as the movement from Makka to Arafat and to Mina. Some ulema, however, have held that riding is better, because this allows one better to assist others, is safer, and keeps one away from situations which may provoke anger and resentment in one’s heart. In reality, this view is not in conflict with the former opinion: one should simply use one’s discernment, so that one walks if one finds walking easy, but rides if one is weak or fears that walking will worsen one’s behaviour and damage the quality of one’s actions. When performing the rites of Umra, it is best to walk, and to spend the money thus saved in good works.

Sixthly, the pilgrim who chooses to ride should ride on a saddle rather than in a canopied howdah. The only exception is the pilgrim who is weak or unused to riding, and fears that he may fall off the normal camel-saddle. There are two considerations here. Firstly, one should give ease to the camel, and howdahs are uncomfortable for them to bear; and secondly, one should avoid imitating the appearance of the proud and wealthy. The Prophet, upon him be peace, made Hajj riding, in order that people could follow him and note his actions, but he rode on an old cloth-saddle which had cost only four dirhams. In later times, caravans became splendid affairs, so that Ibn Umar, beholding one of them, said: ‘Few pilgrims, but so many beasts!’ He then noticed a pauper in rags, and said, ‘Here is a hajji that is magnificent indeed!’

Seventhly, one should have a ragged, dusty, untidy appearance, with uncombed hair, without much external ornament or any inclination to pomp and show. For otherwise, one might be inscribed among the proud and haughty who live in luxury, rather than among the weak, poor, and pure in heart. The Prophet (upon whom be peace) observed that ‘the [true] hajji is untidy of hair and unkempt’. And Allah the Exalted declares: ‘Behold the visitors to My House. They have come to Me dusty and with unkempt hair, from every deep valley.’ And He says: ‘Then let them end their unkemptness’ – by shaving their heads and trimming their nails.

Eighthly, one must be gentle with the animals one rides. It is not allowable to overburden them, or to sleep on them. The pious Muslims of old never slept on animals, except for accidental dozing; neither did they sit on them for extended periods without a break. Allah’s Messenger, upon him be peace, has said: ‘Do not treat your animals as chairs’. It is recommended, and this is the Sunna, that one dismount from time to time to allow the animal to rest. When on his deathbed, Abu’l-Darda said to his camel: ‘My camel, I never overloaded you, so do not complain of me before your Lord!’ Allah rewards people for kindnesses shown to any living thing; so we must uphold the beast’s right, and the right of the owner of the beast who rented it out. To descend for a while and walk beside it gives relief to the animal, and pleasure to the camel-agent. A man once asked Ibn al-Mubarak to take a book with him and deliver it at his destination. ‘I shall ask the agent’s permission’, he said, ‘for I have already agreed on an animal and a fee.’ See how scrupulous he was over carrying a single book, whose weight was negligible. For if one opens the door to a little, then after a time, much will flow through it.

Ninthly, the pilgrim should seek to please Allah by offering a sacrifice, even if this is not obligatory upon him. He should strive to ensure that it is a plump and valuable animal. If the sacrifice is optional, he should eat from it, but not if it is obligatory. What is intended is not the supply of great quantities of meat, but the purification of the soul and the suppression of the ego’s love of avarice. ‘Their meat and flesh do not reach God; but the piety from you reaches Him.’

Tenthly, one must be pleased by the expenditures and sacrifices one makes, and the losses one suffers to one’s money or person; for such trials are a sign that one’s Hajj has been accepted by God. A misfortune on the way to Hajj is like one of the difficulties which confront the warrior in Jihad, so that for every pain one feels, and for every loss one sustains, one has a reward – and Allah does not allow the reward of any good person to be lost

Wearing Sandals on Hajj

Answered by Ustadha Shaista Maqbool

Question: Wearing Sandals on Hajj

In the Name of Allah, Most Merciful, Most Kind.

Answer : The upper part of the foot (around the cuneiform bones of the foot) must be uncovered during ihram. The sandals that you wore have a strap on top of this very part of the foot, and therefore, yes, there was a violation in your ihram. Hence, you need to determine what type of expiation you owe.

The Ruling

A Muslim pilgrim prays on Mount Mercy on the plains of Arafat outside the holy city of Mecca December 7, 2008. More than two million Muslims began the haj pilgrimage on Saturday, heading to a tent camp outside Mecca to follow the route Prophet Mohammad took 14 centuries ago. REUTERS/Ahmed Jadallah (SAUDI ARABIA)

REUTERS/Ahmed Jadallah (SAUDI ARABIA)

If a man* wore something stitched or covered his foot, or head continuously for the entire day or the entire night, or the equivalent of either of them, he must make a sacrifice. If he did so for less than this time, he must give charity. (see: Ibn Abideen, Hashiyah)

[*The rulings of clothing are specific to men as women are exempt from these considerations; The only exception is in the covering of the face, in which women are also accountable for.]

Explanation:

  • “Continuously” meaning without interruption. Removing the item even momentarily e.g. for wudu, is considered an interruption.
  • The “entire day” here means the Islamic day: from dawn or Fajr prayer to sunset or the Maghrib prayer; and “night” meaning from sunset/Maghrib prayer to dawn/Fajr prayer.
  • “The equivalent of either of them” meaning if he had worn the item for an equivalent of either the day or night, he owes a sacrifice. So, if the day was 10 hours long and the night was 14 hours, one would have to determine whether or not he was wearing the item for 10 hours continuously, using the shorter of the two. Therefore, if he put on the item in the middle of the day or night, rather than at the beginning, he must calculate the time he was wearing it.

One should note that in most cases the continuity of the wearing is interrupted, and when there has been an interruption, the timing starts all over, ie. intervals are not added together. Therefore, in most cases charity would be obligatory, not sacrifice.

It should also be noted that unlike sacrifice, there isn’t a minimum period of time for charity, such that one must pay charity even if he wore any of these items for only a moment. Additionally, he pays charity for each “wearing” of the item, as long it is less than a day/night. For example, if he wore the item for 10 hours but would remove it each hour, he must pay 10 times of the obligatory amount of charity.

Nevertheless, in the cases where one did wear an item for more than an entire day or night, the following details should be paid attention to:

If he wore the item for more than a day or night, he still owes only one sacrifice, (i.e. he doesn’t owe 2 sacrifices for wearing it for longer than one day). The latter is also the case even if he removed the item [after having worn it continuously for a day or night] at night, for example, with an intention to wear it again during the day. However, if he removed it with the intention to discontinue wearing it, and thereafter did wear it again, he must give two sacrifices. (Hashiyah, Ibn ‘Abideen). Hence, the intention plays a major role in determining the number of sacrifices one owes.

A sacrifice is fulfilled by the slaughtering of a sheep, goat or having a share of a seventh in the sacrifice of a cow or camel. The slaughter must take place in the sacred territory in Mekkah. When one is outside Mekkah, he may authorize someone there to do the sacrifice on his behalf.

For charity, it is obligatory to give approximately 2 kg of wheat for every violation or its value in money. Charity may be given anywhere and is not restricted to the sacred territory.

And all praise if for Allah, Lord of the Worlds.