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# Hajj Rituals PDF pages 13 to 24. Physical PDF numbering, not inferred printed labels. Mechanical text extraction, not a verified transcription. Read the full rule or dialogue across page boundaries and retain its footnotes. Source characters are preserved except corrupt control glyphs, which are marked. Blank layout lines are removed. Do not silently repair other wording. Previous block: [pages 1 to 12](pages-001-012.md). Next block: [pages 25 to 36](pages-025-036.md). ## PDF PAGE 13 ```text 13 obligatory. Rule 32: A person could undertake to perform pilgrimage for another person for a remuneration. Thus, they acquire sufficient means for themselves to perform pilgrimage. However, it was made conditional that they performed pilgrimage for the other person in that year. In such a case, they must do so in that year. If, at the time of pilgrimage in the following year, they still have enough funds to make the journey, it becomes obligatory on them to perform it in the ensuing year. However, if there was no condition that they perform pilgrimage for their mandator in the same year, it becomes obligatory on them to perform it for themselves in that year, unless they are confident that they can do so for themselves in the following year. Rule 33: If a person borrows money sufficient to cover the expenses of pilgrimage, it does not become obligatory on them even though they would have the means to repay it on return from the journey. However, if the loan is for a very long period for which debtors do not usually provide, it becomes obligatory. Rule 34: If a person has incurred debts to the value of his entire property, it is not obligatory on them to perform pilgrimage. There is no difference in this respect between prompt and deferred debts, or whether it was incurred prior or subsequent to the acquisition of the means. The exception, though, is when the debt is not repayable for a very long period, for example of fifty years, for which debtors do not usually provide. Rule 35: If khums or zakah was due on a person and they have funds which would not be sufficient for pilgrimage, and if they settled such dues, it becomes obligatory on them to settle those liabilities. Thus pilgrimage is not obligatory on them. It is immaterial whether the liability is on the funds intended for pilgrimage or on arrears. Rule 36: If pilgrimage has become obligatory on a person and there is a liability on them of khums or zakah or other obligatory dues, they must first settle those liabilities; it is not permissible for them to embark on pilgrimage without having settled them. If the clothes of ihram and what is ``` ## PDF PAGE 14 ```text 14 paid for the sacrifice are from money bearing such liability, the ruling thereof has been discussed in Rule 30. Rule 37: If a person has some means, yet they are uncertain whether such will be sufficient to meet the expenses of pilgrimage, they must make ascertain that it will be sufficient, as a matter of precaution Rule 38: If a person has property sufficient to meet the expenses of the pilgrimage but is not available in cash or would be sufficient if it supplemented the available cash but there is no possibility of spending from the property or to sell it through an agent, then it is not obligatory to proceed on pilgrimage, or else the pilgrimage becomes obligatory. Rule 39: If a person has sufficient funds to cater for pilgrimage, it is obligatory on them to perform it if they are able to travel. If they dispose of the funds in such a way that they can no longer be described as having adequate means, and thus unable to accomplish pilgrimage, it remains an obligation on him, provided they are certain that they could embark on the journey in good time. However, in the case of disposing of a property for a low price, or by way of gift, without due consideration, the transaction itself is sound, but they in error for missing the opportunity of having the means that would have enabled them to perform pilgrimage. Rule 40: It is apparent that it is not necessary for the pilgrim to own the means of the expenditure. If he has funds at his disposal, performing pilgrimage becomes obligatory on him, provided that such funds are adequate for the journey, and that the other conditions for pilgrimage are satisfied. However, he should not set out on the journey, unless he was certain that the right of disposing with the funds is binding, or that he was certain that such right is not going to be withdrawn from him. Rule 41: Just as it is necessary that there should be sufficient means to make the journey, so is it that there should be funds available for the completion of pilgrimage rituals. If the property of a person is destroyed in his country or during the journey, pilgrimage is not obligatory on them, as it is a manifestation that they are not ``` ## PDF PAGE 15 ```text 15 financially able from the beginning. The same applies to the payment of a debt that becomes due, such as for, inadvertently, destroying the property of another person, and that it would not be possible to compensate the victim if the available funds were to be used for performing pilgrimage. However, if a person deliberately destroys the property of another, the obligation to perform pilgrimage is not annulled. It remains a duty on their shoulders to be discharged. If they had a property which rendered them of those who have the means, and it was destroyed in their country, this will not be considered as a manifestation that they are not of means from the out set. The pilgrimage they performed will, therefore, count as an obligatory one.. Rule 42: A person who has enough means was unaware of such fact; they may not be aware that it was obligatory on them to perform. Yet they realized that after the money had been disposed of, in that they were no longer able to perform pilgrimage. If they had a reasonable excuse for their ignorance or unawareness, pilgrimage is not obligatory on them. Otherwise, it is apparent that it is, provided that the other conditions of pilgrimage are met. Rule 43: Means sufficient for pilgrimage are established not only by their acquisition, but also if a sufficient amount is given away by way of gift to a person. It matters not in this regard whether the gift is from one person or a group of people, provided that it is adequate in total for the expenses of pilgrimage and maintaining the family. There is no difference in this respect between the donor making the property lawful for use, or settling it for the pilgrimage, and between making an outright gift of property or a provision to meet the expenses. Rule 44: If a person inherits property, designated to be spent for obligatory pilgrimage, it is mandatory on them to do so after the death of the testator, provided that the bequest is sufficient for the expenses of pilgrimage and maintaining the family, as explained in the preceding Rule. Similarly, if a person creates a waqf, makes a nadhr (vow), or a bequest for performing pilgrimage and the trustee, the person fulfilling the nadhr, or the executor ``` ## PDF PAGE 16 ```text 16 makes the funds available to the beneficiary to perform an obligatory pilgrimage, it is mandatory on them to do so. Rule 45: It is not obligatory, for a person who acquires the means to perform pilgrimage by way of a gift, to be able to return from the journey still enjoying a healthy financial situation. However, if they worked during pilgrimage time and the earnings made thereof provide for their expenses for the entire year or part thereof, to the extent that they would not be able to meet the expenses necessary for their livelihood - should they accept the gift and depart for pilgrimage - they are not obliged to accept it, only if the gift covers their expenses. If, however, the person has some means, which was subsidized by way of gift, to enable them to embark on pilgrimage, it is apparent that the criterion 'of means' - according to the definition discussed earlier - should be applied, in that performing pilgrimage becomes obligatory. Rule 46: If a person makes a gift to another so that the latter makes the journey to perform an obligatory pilgrimage, it is incumbent on the recipient to accept the gift. However, if the donor gives the recipient the option of performing an obligatory pilgrimage or not, or makes the gift without mentioning the obligatory pilgrimage, expressly or implicitly, the recipient shall not be bound to accept the gift. Rule 47: The existence of a debt is not incompatible with having sufficient means acquired by way of a gift. However, if embarking on pilgrimage was contrary to settling the debt on time, be it prompt or on a later date, it is not obligatory to perform pilgrimage. Rule 48: If a person donates property to a group of people so that one of them could perform pilgrimage and one of them comes forward to accept the gift, the remaining ones are absolved of the obligation. However, if all of them shun the proposed gift with the knowledge that any one of them could have taken possession of it, it is apparent that the obligation to perform pilgrimage is not binding on any one of them. Rule 49: It is not obligatory to accept a gift to make an obligatory pilgrimage unless it can meet the expenses of ``` ## PDF PAGE 17 ```text 17 the journey. If the payment is for Hajj-ut-Tamatu'' but the gift is for Hajj-ul-Qiraan or Hajj-ul-Ifraad, it is not incumbent on the would-be recipient to accept it and vice versa. Similar is the position if the gift is for an obligatory pilgrimage and the beneficiary has already performed obligatory pilgrimage.However, if he did not perform it when it was obligatory on him and his circumstances changed, in that he was offered a gift to perform an obligatory pilgrimage, he is duty-bound to accept the gift. Likewise, if there was a liability on him to perform a pilgrimage to fulfil a nadhr or like, but did not have the means to do so and was offered the gift to perform an obligatory pilgrimage, it is mandatory on him to accept it. Rule 50: If a gift is made to a person to cover the expenditure of performing an obligatory pilgrimage and it gets destroyed on the way to pilgrimage, the obligation lapses. However, if it is possible to continue with the journey with his own sources, it is obligatory on him to perform the pilgrimage which will be counted as part of Hajjatul Islam. The obligation, though, is conditional on the fulfilment of the criterion of 'being of means' right from the out bound journey. Rule 51: If a person authorises another to obtain a loan to go to pilgrimage, it is not obligatory on the latter to seek one. However, if the would-be pilgrim received such a loan, it becomes obligatory on him to perform pilgrimage. Rule 52: Apparently, the cost of the sacrifice should be borne by the donor. Yet, there is ishkal (problem) in deciding whether it is obligatory on the recipient to perform the pilgrimage, if the donor does not pay for it, yet bearing the remainder of the expenses. The only exception can be if the beneficiary can afford to pay the price of the sacrifice with his own money. However, if the purchase of the sacrificial animal by the beneficiary would cause him undue hardship, it is not obligatory to accept the gift. Obviously, any kaffarah that may be incurred in the course of pilgrimage is the exclusive responsibility of the beneficiary. Rule 53: An obligatory pilgrimage performed with a gift given to the pilgrim is valid to constitute Hajjatul Islam ``` ## PDF PAGE 18 ```text 18 and even if he acquires the means thereafter, he is not obliged to perform pilgrimage again. Rule 54: It is possible for a donor to withdraw his gift before or after the beneficiary assumes ihram. However, if the donor withdraws it after the beneficiary enters into the state of ihram, it is ,most evidently, obligatory on the beneficiary to complete the pilgrimage, only without undue hardship; that is, even though he actually did not have the means. The donor should reimburse him with the expenses incurred. And if the donor withdraws the gift while the beneficiary is en route to pilgrimage, he is responsible for bearing the expenses of the return journey. Rule 55: If Zakah money, out of the portion of Sabeellilah (the way of Allah), is given to a person, that the public interest be served, and the Mujtahid permits it, it shall, as a matter of precaution, be mandatory on the recipient to go to pilgrimage. If he was given the money from the share of Sadaat (descendants of the Prophet 's.a.w.') or Zakah money from the share of the poor, on the condition that he should spend it on an obligatory pilgrimage, the condition is invalid, as it does not constitute availability of funds (istita'a) by way of gift.. Rule 56: If a person is given a gift to perform Hajjatul Islam and it later becomes known to him that it was unlawfully obtained by the donor, the pilgrimage is not valid and the real owner is entitled to reclaim it from the donor or the beneficiary. If he claims it from the beneficiary and the latter was unaware as to the true ownership, he should revert to the donor; otherwise, he has no right to revert to him. Rule 57: If a person, who does not satisfy the criterion of "availability of funds", performs an optional pilgrimage for himself or for another person, either gratuitously or for a reward, it shall not count as a Hajjatul Islam; it is, therefore, incumbent on him to perform it when he acquires the means. Rule 58: If a person believes that he does not have the means for pilgrimage to be obligatory on him but performs it in obedience to the command of Allah ``` ## PDF PAGE 19 ```text 19 intending it to be accepted and later learns that he was of means, his pilgrimage shall count as a valid one, i.e. there will be no need for a second pilgrimage. Rule 59: If a married woman can afford the journey to perform Hajjatul Islam, she does not need to obtain the consent of her husband. By the same token, it is not permissible for the husband to prevent her from performing other types of obligatory pilgrimage. However, he can prevent her from leaving sooner than necessary, if there is sufficient time for pilgrimage. The same rule applies to a lady who has been granted a revocable divorce, if she is in iddah (waiting period). Rule 60: It is not a condition for a lady, performing an obligatory pilgrimage, to be accompanied by a male, among her mahaarim, provided her safety is secured. If not, she must be accompanied by a trusted male even for a fee, should she afford it. Otherwise, pilgrimage is not obligatory on her. Rule 61: If , for example, a person makes a nadhr to visit the shrine of Imam Hussain (a.s.) each year on the day of Arafat and subsequently acquires the means to make the journey to pilgrimage, the nadhr lapses and he must perform the obligatory pilgrimage. This rule applies to every other vow that may hinder one from performing obligatory pilgrimage. Rule 62: A person of means must perform obligatory pilgrimage personally, if it is possible for him to do so. Someone else performing it for him, gratuitously or for payment, cannot be considered as a recompense. Rule 63: If a person is liable to perform an obligatory pilgrimage but is unable to do so on health grounds, senility, infirmity, and other constraints, or performing it would cause him undue difficulty - beside the fact that there is no hope he would be able to perform it himself without pain - it is obligatory on him to appoint someone to perform it on his behalf. Such is the rule if he is wealthy, yet unable to embark on pilgrimage personally, or that to do so would cause him great difficulty. Once it becomes obligatory to appoint another person to perform pilgrimage for him, it must be done immediately, just as ``` ## PDF PAGE 20 ```text 21 performing pilgrimage itself must not be delayed. Rule 64: If a person sets out on a pilgrimage as on behalf of another who cannot do it himself for ill health and the mandator dies while the agent is performing the pilgrimage, the pilgrimage of the agent will be valid, although the pilgrimage had become obligatory on the mandator. If, per chance, the illness ceases before death, it is preferable that the pilgrimage be performed personally, as a matter of precaution. If the illness ceases after the agent has assumed ihram, it is obligatory on the mandator to perform the pilgrimage himself even though the agent must complete the ceremonies, as a matter of precaution. Rule 65: If it is not possible for a person with a valid reason, preventing him from making the journey to pilgrimage, to appoint an agent to perform it on his behalf, the obligation to perform the pilgrimage lapses. However, if the pilgrimage had become obligatory on him, it is mandatory to have it performed after his death. Moreover, if it was possible to appoint an agent and he did not do so until his death, it is obligatory to have the pilgrimage performed after his death. Rule 66: If it becomes obligatory to appoint an agent but one does not, the gratuitous performance, by another person, of a pilgrimage on his behalf does not discharge the obligation; it remains obligatory on him to send an agent, as a matter of precaution. Rule 67: It is sufficient to appoint an agent from the Meqat; it is not necessary that he be sent from the home country. Rule 68: If the pilgrimage becomes obligatory on a person and he dies after wearing ihram in Haram (the precinct of the Grand Mosque, Ka'ba) he will be deemed to have accomplished his pilgrimage. If he dies in the course of Umrat-ut-Tamatu', he will be treated likewise i.e. there is no obligation to have it performed after his death.However, if he dies before entering the Haram, it is obligatory to have the pilgrimage performed again in lieu qadha, even if the death occurs after his having worn ihram but before entry into the Haram, or even after the entry, if he did so without ihram. This rule is confined to ``` ## PDF PAGE 21 ```text 21 Hajjatul Islam and does not apply to other types of pilgrimage which have become obligatory, by virtue of, for example, a vow or for deliberately invalidating an obligatory pilgrimage (ifsad). Nor has it any application to Umrat-ul-Mufradah. Whoever dies after wearing ihram in the Haram, as is required for performing pilgrimage, there is no doubt that he will be deemed to have performed Hajjatul Islam. If, however, he dies before then, it is clear that pilgrimage would have to be performed again for him by way of qadha. Rule 69: It is obligatory on a non-believer, who has the means, to perform a pilgrimage, even though it will not be accepted from him so long as he remains a non-believer. However, if he loses the means before he converts to Islam, pilgrimage is not obligatory on him. Rule 70: Pilgrimage is obligatory on a Muslim who becomes apostate, but its performance, in apostasy, is not in order. However, if he repents, it becomes valid, albeit the apostasy is innate, as a matter of preferred judgement (alal aqwa). Rule 71: If a non-Shia Muslim performs an obligatory pilgrimage and then becomes a Shia, it is not obligatory on him to perform pilgrimage afresh. This being so, provided he had performed it in accordance with the rules of the faith he then held, or it was performed in accordance with our faith, and closeness to Allah in performing pilgrimage was paramount in his mind. Rule 72: If pilgrimage becomes obligatory on a person, but he deliberately delayed performing it, so much so that he can no longer afford the journey, it is obligatory on him to perform it by any means possible. However, if he dies, pilgrimage has to be performed by way of qadha, from his estate. Should someone performs it for him gratuitously, after his death, it is in order. ``` ## PDF PAGE 22 ```text 22 Making a will regarding pilgrimage Rule 73: If a person on a deathbed has an obligation to perform his first pilgrimage and has adequate means, he must make sure that it will be performed after his death, even by directing in his will and in the presence of witnesses. However, if he has no adequate means but thinks somebody will volunteer to perform pilgrimage for him, he must stipulate that in his will. If he dies, pilgrimage must be performed from his estate, as must also be done if he has made a general direction about it without qualifying that its expenses be defrayed from his bequeathable one-third. However, if he directs that pilgrimage be performed from his portion of one-third in the estate and the expenses can be met therefrom, the expenses must be paid for from that portion and must take precedence over all other instructions in the will. If the bequeathable one-third of the estate is insufficient to meet the expenses, the balance must be defrayed from the entire estate. Rule 74: It has been said that if a person dies without having performed obligatory pilgrimage but leaves a deposit with a person who fears that if he gave it back to the heirs, they will not have the obligatory pilgrimage performed on behalf of the deceased, it is obligatory on that person to perform pilgrimage himself, or by an agent and pay the heirs only the balance, if any, after meeting the expenses. However, this is not free from ishkal, i.e. arguable or problematic. Rule 75: A person may die without having performed obligatory pilgrimage; they may leave debts and liability of khums and zakah; their estate is not sufficient to discharge all these obligations. If the funds for such religious dues payable on the property were available, they must first be settled. If the deceased was indebted with same, pilgrimage will take precedence over their settlement; however, the settlement of debts takes precedence over pilgrimage. Rule 76: If a person dies without having performed ``` ## PDF PAGE 23 ```text 23 obligatory pilgrimage, it is not permissible for the heirs to have a free hand in his estate, without first meeting the expenses of the pilgrimage, irrespective of whether or not the estate is sufficient to meet the expenses. However, there is no objection to transactions made after provision has been made for the expenses of pilgrimage. Rule 77: If a person dies without having performed obligatory pilgrimage and his estate is not sufficient to meet the expenses of having it performed, the available assets must be used to repay the debts, and khums and zakah; the balance should be distributed among the heirs. It is not obligatory on the heirs to supplement the expenses of pilgrimage from their personal property. Rule 78: If a person dies without having performed obligatory pilgrimage, it is not necessary to pay for the expenses of the pilgrimage from the country of residence of the deceased. It is sufficient to pay from the Meqat. Indeed, it is sufficient to appoint an agent from the Meqat with the most reasonable cost. As a matter of preferential precaution (al ahwatil awla), if the estate is large, it is better to pay for the expenses from the country of the deceased. If the estate is very large and the heirs are absolutely determined to have the pilgrimage performed, expenditure from the estate is permissible. This is also the rule in respect of the debts of the deceased. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost. Rule 79: If a person dies without having performed obligatory pilgrimage, it, as a matter of precaution (al ahwat), is mandatory to have it performed in the same year the person died. If it is not possible to hire an agent from the Meqat in that year, it is, as a matter of precaution, obligatory to send an agent from the country of the deceased and defray his expenses from the gross estate. It is not permissible to delay it to the succeeding year, even if it is known that in the following year, it will be possible to engage an agent from the Meqat. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share from the young heirs ``` ## PDF PAGE 24 ```text 24 must not be used to meet the cost. Rule 80: If a person dies without having performed obligatory pilgrimage and it is not possible to obtain an agent at a reasonable fee, it is, as a matter of precaution, obligatory to appoint one, even at a higher rate and defray the expenses from the gross estate. It is not permissible for the heirs to postpone the pilgrimage to the following year, even if some of them are young. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost. Rule 81: If any one among the heirs admits that there was an obligation on the deceased to perform pilgrimage, it is not obligatory on those who think so to have the pilgrimage performed, except to the tune of their shares of inheritance. However, if the shares of those who consider so are not adequate to meet the expenses of the pilgrimage, it is not obligatory on them to meet the shortfall from their personal properties. If a donor comes forward to make up the shortfall, or it is met in any other way, deputizing someone to perform Hajj for the deceased becomes obligatory. Rule 82: If a person dies without having performed obligatory pilgrimage, and a person volunteers to perform it on his behalf gratuitously, the heirs will no longer be required to have one performed themselves. The same applies in the event of the deceased instructing that pilgrimage be performed from his bequeathable one-third. However, in both the cases the cost that would have been incurred on pilgrimage should not revert to the heirs, but be disposed of in good causes closest to the deceased's heart. Rule 83: If a person dies without having performed obligatory pilgrimage but directs in his will that an agent be appointed from his town to perform one, it is obligatory to do so. However, the extra amount of remuneration, over what would have been paid if the agent was appointed from the Meqat, should be met from the bequeathable one-third of the estate. If, in the will, he directs that pilgrimage be performed without specifying ```
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