skills/sistani-guidance/references/books/hajj/pages-109-120.md

# Hajj Rituals

PDF pages 109 to 120. Physical PDF numbering, not inferred printed labels.

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Previous block: [pages 97 to 108](pages-097-108.md).

Next block: [pages 121 to 132](pages-121-132.md).

## PDF PAGE 109

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119
of a finger. When stoning, should be standing on one's feet, and in a
state of taharah.
Rule 379: As a matter of precaution, the stones must be hitting the
area of the Jamrah representing its original height; it is not sufficient
to hit the extension and elevation recently made, and so is the upper
storey of the Jamrah recently constructed. If it is not possible to hit
the original area only, a pilgrim may, in person, hit the extended
portion, and ask an agent to hit the original portion for him. In this
regard, it is immaterial whether the action arises from awareness,
ignorance, or oversight.
Rule 380: If a pilgrim forgot to stone on the day of Eid or failed to
do so out of ignorance of the rule, he must hasten to rectify the error
whenever he remembers or learns of the rule. If he recalls or
becomes aware of the rule at night, he must perform rami the next
day, unless he is among those permitted to do stoning at night.
Evidently, the pilgrim must, after the excuse for not stoning lapses,
hasten to rectify the situation so long as he was still at Mina, and, for
that matter, even at Makkah. It could still be done, even after the
13th of Thil Hijjah. However he should, as a matter of precaution,
return to Mina, perform rami, and repeat the procedure in the
following year in person or through a proxy. If he recalls or learns of
the rule after leaving Makkah, there is no need to return to Mina; in
the following year, he must either perform rami in person or through
a proxy, as a matter of recommended precaution (al ahwatil awla).
Rule 381: A pilgrim may forget to perform rami on Eid day, or fail
to do so out of ignorance of the rule. Yet he may recall or become
aware of the rule after having performed tawaf. In such a case, it is
not obligatory to correct the omission. That said one should, as a
matter of precaution, do so.However, if he knowingly and
deliberately fails to perform rami, his tawaf is obviously invalidated;
it then follows that he must repeat tawaf after rami.
```

## PDF PAGE 110

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Sacrificing an animal at Mina
This is the fifth obligation in Hajj-ut-Tamatu'. It is necessary
to set one's mind on performing this act of worship in the
hope of attaining closeness to Allah (Niyyah of alqurbah).
The sacrifice must be offered during the day, unless one is
afraid of doing so for a valid reason, in which case it may
be made at night.
As a matter of precaution, it is obligatory that it be offered
after rami; if, however, one does so before rami, because
he forgot or did not know the rule, it is still valid and
should not be repeated. It is obligatory that the offering
be made at Mina. If it is not possible, because of the rush,
and because Mina is not capable of accommodating the
multitudes of pilgrims, it could be made at Wadi Muhassar.
If, by delaying the sacrifice, it becomes possible for the
pilgrim to offer the hady in Mina, he may delay it up to the
13th of Thil Hijjah, as a matter of precaution.
Rule 382: As a matter of precaution, the hady must be
offered on the day of Eid, although it is highly likely (al
aqwa) that it could be delayed till the last day of Tashreeq,
i.e. the 13th of Thil Hijjah. As a matter of precaution, the
sacrifice must not be offered at night, except by those
who have good reason not to do so.
Rule 383: If he can afford it, each pilgrim is obliged to offer
one hady. As for the one who cannot afford it, this will be
discussed under Rule 396.
Rule 384: It is obligatory that the animal to be sacrificed
be either a camel, a cow or a sheep. It is not permissible to
sacrifice a camel, unless it has completed the age of five
years and has entered the sixth. If it is a cow or a goat, it
must have completed two years, and as a matter of
precaution, entered the third.
If it is lamb, it should have completed the seventh month
and entered the eighth, and must, as a matter of
precaution, have completed one year of age and entered
the second. If after the hady had been offered, a pilgrim
learned that the age of the animal was less than the
required one, it will not be acceptable; he will have to
```

## PDF PAGE 111

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have a second go. It is also necessary that all the parts of
animal be sound; it must not be one-eyed, lame, without
ears or with damaged horns, etc. Apparently, it should not
be castrated (unless another is not found), weak, sick, very
old or diseased in both testicles. There is no objection, if
the animal's ears are injured or perforated, although they
must, as a matter of precaution, be free from such defects.
It must, as a matter of recommended precaution, not have
been born without a tail or horns.
Rule 385: A pilgrim may purchase for hady what appeared
to be a sound animal. Having paid the price, he discovers
that it has a defect. It will be sufficient as a sacrifice.
Rule 386: If, during the days of Eid and Tashreeq, the
pilgrim does not find an animal fulfilling all the
requirements we have already outlined, it is
recommended that sacrificing the animal lacking the
conditions and fasting instead of hady should be resorted
to. The same applies in the case of a pilgrim who does not
have sufficient money to pay for a fully fledged sacrifice.
Should he afford to pay a sound animal later in the month
of Thil Hijjah, it is advise to do it on top of what he has
already done.
Rule 387: If an animal for sacrifice is bought in the belief
that it is healthy, but it transpires that it is weak, it will still
be sufficient, regardless of whether or not he found out
that it was not sound before or after killing it. If he already
owns the animal, which he slaughtered under the pretext
that it was sound, and it appeared that it was not, it is not
sufficient, as a matter of ihtiyat.
Rule 388: If there is a doubt that an animal is emaciated,
but is slaughtered in the name of Allah, and it transpires
that it is fat and sound, it will be sufficient for the sacrifice.
The same rule applies if a pilgrim entertains a doubt, after
the animal was slaughtered, as to whether it was carried
out in Mina or elsewhere. However, the doubt may
revolve around whether he sacrificed an animal at all. If it
arose after shaving the head or taqseer, the doubt should
be ignored. Otherwise, he needs to return to Mina and
offer hady there.
Rule 389: If a sound animal is purchased for Hajj-ut-
```

## PDF PAGE 112

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Tamatu' but after the purchase it, for any reason, becomes
sick, or deformed, slaughtering it is arguable (ishkal). The
pilgrim should, as a matter of precaution, sacrifice it as
well; if he sold it, he should give the proceeds away in
charity.
Rule 390: After the purchase of an animal for sacrifice, it
may get lost. It may not be known that someone else had
offered a sacrifice on the pilgrim's behalf. Another one
should be purchased. However, if before the second one is
slaughtered, the first is found, it is sufficient to confine it
to the first; the second remains the property of the pilgrim;
he has the choice of slaughtering or sparing it. However
he should, as a matter of recommended precaution, offer
it. If the lost animal is found, after the second one was
slaughtered, the first one must, as a matter of precaution,
also be slaughtered.
Rule 391: If a person finds a stray animal, knowing that it
was hady, he should, as a matter of precaution, look for its
owner till the afternoon of the 12th day of Thil Hijjah. If he
fails in his bid, he should slaughter it on behalf of the
owner. If the owner comes to know about this, it would
suffice.
Rule 392: If an animal cannot be found in time and the
pilgrim has the cash ready, he should, as a matter of
precaution, deposit it with a reliable person to purchase
and slaughter an animal on his behalf before the end of
Thil Hijjah. In the meantime, he should observe fasting. If
after the lapse of the whole month of Thil Hijjah, an
animal is not found, one must be sacrificed in the
following year. However, fasting, without offering the
hady, may be sufficient after the lapse of the days of
Tashreeq.
Rule 393: If an animal cannot be found and the cash is not
available, the pilgrim must, instead, observe fast for ten
days - the seventh, eighth and ninth of Thil Hijjah; the
remaining seven days on returning home, as a matter of
precaution. The seven-day fasting period must be
observed consecutively. Fasting these days in Makkah or
en route will not be in order. If he does not return home,
and remains in Makkah, he must wait till his companions
```

## PDF PAGE 113

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get home, or the lapse of one month, before fasting the
seven days. Observing succession in fasting the first three
days is a must, whereas it is not a condition for the seven
days, although it is recommended as a matter of
precaution. Fasting the first three days has to be with the
pilgrim wearing his ihram for Umrat-ut-Tamatu'. If he does
so before that, it shall not be in order.
Rule 394: If the person, obligated to keep the three-day
fast, cannot observe a fast on the seventh of Thil Hijjah, he
should keep the two on the eighth and ninth of the
month, and the third on his return to Makkah, after
performing the ceremonies at Mina. If he is unable to fast
on the eighth, he should wait to return from Mina when
he should observe the three-day fast together. As a matter
of recommended precaution, on return from Mina, the fast
must be observed without undue delay. If the pilgrim
becomes unable to keep the fast on return from Mina, he
should fast on his way home, or on reaching home; he
should not, however, join them with the seven-day, as a
matter of recommended precaution. If it becomes
untenable to observe the three days until the birth of the
moon of Muharram, he is relieved from the fast; thus, he
must offer the hady in the following year.
Rule 395: It may not be possible for a pilgrim to find
neither an animal nor the cash to buy it with;
subsequently he observed the three fasts during Hajj.
Should his position change whereby he becomes solvent
before the lapse of the days of sacrifice, he must offer
hady, as a matter of precaution.
Rule 396: If it is not possible for a pilgrim to offer the
sacrifice on his own, but is able to join others in
partnership, he should, as a matter of precaution, do so,
and also observe the fast as stated above.
Rule 397: If a pilgrim deputies another to carry out the
slaughter for him, and subsequently entertains a doubt as
to whether or not the agent has sacrificed the animal, he
must resolve the matter as though the job has not been
done. However, if the agent is a reliable person and
informs him that he has sacrificed the animal, that would
be sufficient.
```

## PDF PAGE 114

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Rule 398: The conditions for the sacrifice of an animal do
not apply to the slaughter of animals by way of kaffarah,
although they should, as a matter of precaution, also be
fulfilled.
Rule 399: It is not necessary that the animal, whether
intended for hady or kaffarah, be slaughtered by the
pilgrim directly. It is also permissible to authorize another
person to do so. In such a case, the agent must make the
niyyah on behalf of the owner of the offering, and not
himself. However, as a matter of precaution, the principal
must make the niyyah also. The agent must be a Muslim.
Distributing the sacrifice
As a matter of recommended precaution (al ahwatil awla),
the owner must eat some of his hady, even a small
quantity, ensuring no harm comes his way. He is
permitted to keep one-third of it for himself, or for the
consumption of his family. One-third can be given to the
faithful as a gift. As a matter of obligatory precaution (al
ahwat wujuban), one-third of the hady must be given in
charity to the needy among the faithful. If giving the third
portion by way of sadaqah to the needy was not feasible
or could cause difficulty, no harm is done. It is not
obligatory to hand over this portion in person; it is
permissible to hand it to an agent - even if the agent is the
owner of the hady himself. He should distribute it,
according to the instructions of the principal, by way of
gift, sale, or any thing else. It is permissible to take the
meat of hady out from Mina, if people who are there do
not need it.
Rule 400: The actual division of the one third of the
sadaqah, as well as that of the gift is of no consequence.
What is of consequence, though, is the acquisition by the
intended recipient. In that, it suffices, if he gives his one-
third undivided share by way of sadaqah to the poor; the
same goes for the third allocated as a gift.
Rule 401: The recipient of the portion of sadaqah or gift is
free to dispose of it as he pleases, so much so that there is
no objection to his giving it to non-Muslims.
Rule 402: If the carcass of the hady was stolen or forcibly
snatched before distributing the meat by way of charity
```

## PDF PAGE 115

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(sadaqah) or gift, it goes without saying that the owner
should not stand to compensate the hady. However, if he
deliberately wastes it or gives it to persons not entitled to
it, he is, as a matter of precaution, liable for the one-third
allotted to the poor.
```

## PDF PAGE 116

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Shaving the head and Taqseer
It is the sixth obligation in the obligatory Hajj. It is
necessary that the niyyah for carrying it out should be to
attain nearness to Allah. It is not permissible to perform
this obligation before the Eid day, or even on its eve,
except for those who are fearful that something might
befall them. It should, as a matter of precaution, should be
delayed until after stoning Jamrat-ul-Aqabah and offering
hady in Mina. As a matter of recommended precaution, it
should be delayed till after slaughtering, but it should not
be delayed after the day of Eid. However, if it precedes
them, or either of them, due to an oversight or ignorance
of the rule, there is no need to repeat it.
Rule 403: Shaving of the head is not permissible for ladies.
Taqseer is their obligation.
Rule 404: Men have the option of either shaving the head
or taqseer. However, shaving the head is preferred.
Nevertheless, if one has applied any substance, such as
honey to the hair for treatment of lice, or gathered the
hair to one side of the head and tied it together, he
should, as a matter of obligatory precaution, opt for
shaving. If it is the first Hajj of the pilgrim he too should, as
a matter of precaution, he take to shaving.
Rule 405: If the pilgrim opts for shaving his head but is
apprehensive that the barber might cause an injury to his
head, it is not permissible for him to shave. He should
either have a crop by a shaving machine or have taqseer
first, then a shave. If he, nevertheless, still opted for
shaving by a barber from the outset, it shall be in order,
albeit he would be considered sinful.
Rule 409: If it is doubtful whether a person is a male or a
female or a hermaphrodite, one should perform taqseer,
unless they have applied some medicinal treatment or a
certain hair-do to their hair. In such a case, they should, as
a matter of precaution, first perform taqseer and then
have their head shaven.
Rule 410: After shaving or taqseer, all that which had
been forbidden to the pilgrim during ihram becomes
```

## PDF PAGE 117

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permissible, except intimacy to the wife, use of perfume
and, as a matter of precaution, hunting. Apparently,
intimacy to ladies is not confined to intercourse, rather it
applies to all types of enjoyment which are forbidden
during ihram. However, it could be said that the pilgrim
can attend marriage solemnization and be a witness at it.
Rule 411: If the pilgrim forgets to perform either taqseer or
shaving, or fails to do so out of ignorance of the rule, and
then leaves Mina, he should return to it and perform
either of them. However, if it becomes difficult to return,
he should do so wherever he is. Where possible, he should
send the cut hair to Mina. If the pilgrim shaves his head
somewhere, other than Mina, even deliberately, it is
sufficient. Yet, where possible, he should send the cut hair
to Mina.
Rule 409: The Pilgrim may forget to perform either taqseer
or shaving; he may fail to do so out of ignorance of the
rule. If he recalls or learns of the rule after completing Hajj
ceremonies, and then performs either of them, it is,
evidently, not necessary to repeat the tawaf and sa'y,
although one should, as a matter of precaution, repeat
them.
```

## PDF PAGE 118

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Tawaf-Un-Nisa and its prayer
Tawaf-un-Nisa' is the tenth obligation in Hajj. The eleventh
is the prayer which follows it. Although they are
obligatory, they are not among the basic elements (arkan)
of Hajj. That is, failure to perform them, even deliberately,
does not invalidate the Hajj.
Rule 417: Tawaf-un-Nisa is obligatory on both males and
females. If a man fails to perform it, his wife becomes
unlawful for him. If a woman fails to perform it, her man
becomes unlawful for her. An agent performing Tawaf-un-
Nisa will do so on behalf of the principal and not himself.
Rule 418: The procedures and rules governing Tawaf-un-
Nisa, and its prayer, are the same as those for tawaf of Hajj
and its prayer. The only difference is in the niyyah .
Rule 419: If, on grounds of illness or otherwise, a person is
unable to perform Tawaf-un-Nisa, he should do so with
the help of another person, in a way or another as has
already been discussed in Rule 326.
Rule 420: If a man deliberately fails to perform Tawaf-un-
Nisa - regardless of whether or not he did it inadvertently
or was aware of the rule - his wife is forbidden to him,
until it is performed. If it proves difficult for him to perform
it himself, he can hire an agent to do it for him. When the
agent has performed it on his behalf, he shall be in a
position to resume intimacy with his wife. If he dies before
performing it, and his eldest son performs it on his behalf,
the obligation is met. Otherwise it must, as a matter of
precaution, be performed qadha. The expenses must be
met from the shares of the adult heirs, with their approval.
Rule 421: It is not permissible to perform Tawaf-un-Nisa
before sa'y. If one deliberately does so, it is obligatory to
repeat it after sa'y. But if it is done out of ignorance of the
rule or due to an oversight, it, apparently, is in order;
however one must, as a matter of precaution, repeat it.
Rule 422: It is permissible to perform Tawaf-un-Nisa before
the two wuqufs, for people mentioned in rule 412 above.
However, they would not be able to resume intimacy with
their wives until after performing the ceremonies at Mina,
```

## PDF PAGE 119

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i.e. rami, slaughtering hady and shaving or taqseer.
Rule 423: If a woman's monthly period sets in and her
companions could not wait for her becoming clean, it is
permissible for her to abandon Tawaf-un-Nisa and leave
with them. In such a case, she should, as a matter of
precaution, hire an agent to perform tawaf and say its
prayer on her behalf. If, however, the menstruation
commences after she had performed the fourth round, it is
permissible for her to abandon the remaining rounds of
tawaf and depart with her companions. She should, as a
matter of precaution, hire an agent to perform the
remaining rounds and say the prayer on her behalf.
Rule 424: The rules applicable to forgetting to say prayer
after Tawaf-un-Nisa are the same as those for forgetting to
say it after tawaf of Umrah which has been mentioned
under Rule 329 above.
Rule 425: Intimacy between man and wife can only be
resumed, after both have performed Tawaf-un-Nisa and
said its prayer. The prohibition on hunting remains, as a
matter of precaution, till the zawaal of the thirteenth [of
Thil Hijjah]. Cutting of trees and grass, and hunting in the
Haram is forbidden anyway as has already been stated.
```

## PDF PAGE 120

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Wuquf at Mina
The twelfth obligation in Hajj is to spend the nights of the
eleventh and twelfth [of Thil Hijjah] in Mina. It is necessary
to form the niyyah of alqurbah. If, on the Eid day the
pilgrim leaves for Makkah to perform tawaf and sa'y, it is
obligatory on him to return to Mina to spend the night
there. He who has not refrained from hunting, while in a
state of ihram, must also spend the night of the thirteenth
in Mina. As a matter of precaution, so must one who has
not abstained from sex while in a state of ihram. Apart
from these two categories, the remaining pilgrims can
leave Mina after Dhuhr of the twelfth; if, however, they
delay their departure till night falls, they must spend the
eve of the thirteenth in Mina till dawn.
Rule 426: The pilgrim may embark on leaving Mina and
actually leaves the premises he occupies there, but, due to
the traffic or any other reason, he gets held up. It then
follows that, if it is possible for him to spend the night
there, it is obligatory to do so. If, however, it was not
feasible, he is permitted to leave Mina. He should, as a
matter of precaution, sacrifice a sheep as a kaffarah.
Rule 427: If it becomes obligatory on a person to spend
the night in Mina, it is not necessary for him to spend the
whole of the following day there also. He needs to stay
just long enough to perform rami of the three Jamarat.
Nor is it obligatory to spend the entire night there; it is
enough to remain there from the beginning of the night
till a little after midnight, or from a little before midnight
till dawn. It is preferable that he should spend the first half
of the night there but must not enter Makkah before
sunrise, as a matter of preferred precaution.
Rule 428: The exceptions to the rule of staying in Mina are
the following categories:
A person who finds it difficult to stay for fear of
endangering their life or property;
those spending the whole night in worship in Makkah,
except for the time needed to meet necessities like food,
drink, etc.; those who, having performed the tawaf,
```