skills/sistani-guidance/references/books/hajj/pages-097-108.md

# Hajj Rituals

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## PDF PAGE 97

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97
by mistake, his sa'y is valid. However, if the increase is a
complete round or more, it is mustahab to complete seven
rounds to make a full sa'y, on top of the first one. In this
way he should complete it at Safa.
Rule 346: If a pilgrim deliberately falls short of the
required rounds in sa'y, be he conversant with the rules or
not, he shall be governed by the same rules of him who
fails to do sa'y.If the shortfall was inadvertent, he must
rectify the situation whenever he remembers, evidently,
whether the decrease was one round or more If the lapse
is realized after a while, such as remembering mistake
made during the sa'y of Umrat-ut-Tamatu' while he is in
Arafat or after the expiry of Thil Hijjah, he must hasten to
repeat the sa'y, as a matter of precaution. If, for any
reason, he could not, he must hire an agent to do it for
him. As a matter of precaution, the agent must do both -
finish the forgotten rounds off and repeat the sa'y.
Rule 347: If, in the course of Umrat-ut-Tamatu', a pilgrim
mistakenly fails to perform part of sa'y, in the belief that
he had completed it, he must, as a matter of precaution,
sacrifice a cow as a kaffarah (kaffarah ); it, as already
stated, is obligatory to complete the sa'y.
Doubt in Sa’y
Doubt, in the number of rounds of sa'y or whether it was
done properly, must be ignored; that is after it is no longer
feasible to rectify it. For example, if the doubt arises in
Umrat-ut-Tamatu', after taqseer, or in Hajj, after the
embarkation on Tawafun Nisa.If the doubt, in the number
of rounds after completing sa'y; was in favour of an
increase, he must ignore it, should it arise before taqseer.
If the doubt was in favour of a lesser number of rounds,
the sa'y is invalidated.
Rule 348: If the doubt, in favour of an increase, happens
towards the end of the round, such as on reaching
Marwah, a pilgrim thought it was his seventh or ninth
round, the doubt should be ignored and sa'y is therefore
valid. However, if the same doubt arises in the course of a
round, the sa'y is invalidated and has to be performed
again.
Rule 349: The rule on doubt in the number of rounds in
```

## PDF PAGE 98

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98
sa'y is the same as the rule for doubts arising in the course
of tawaf. As a general rule, if there is doubt in the number
of rounds, the sa'y is invalidated.
```

## PDF PAGE 99

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99
Taqseer
It is the fifth obligation in Umrat-ut-Tamatu'. What is in
sa'y is that it must be embarked on with the niyyah of
alqurbah. It is materialized by cutting some hair of the
head, beard or moustache. Evidently (al adhhar), it is not
enough for taqseer to be recognized as valid that one
merely plucks out hair. As it is widely held (alal mashhoor),
it be accepted by cutting the nails of hand or foot, as an
alternative. However it should, as a matter of precaution
(alal ahwat), not be performed independent of cutting the
hair first.
Rule 350: Taqseer has to be done when coming out of
Umrat-ut-Tamatu'. It is not permissible to shave the head,
as doing so is forbidden; it attracts a kaffarah of a sheep, if
one does so knowingly and deliberately. Indeed, this
could be the case in all circumstances, as a matter of
recommended precaution (al ahwatil aqwa).
Rule 351: If a pilgrim, knowingly and deliberately, engage
in a sexual act after sa'y, but before taqseer, he is liable to
bear a kaffarah of a camel, as has been discussed under
Ihram. However, if he did so in ignorance of the rule, he
should be relieved of the penalty.
Rule 352: Taqseer must follow sa'y, i.e. it is not permissible
to perform it before sa'y.
Rule 353: Taqseer is not obligatory immediately after sa'y.
It is permissible to do taqseer wherever one pleases,
whether at sa'y place, at one's house, or at any other
venue.
Rule 354: If a pilgrim deliberately fails to do taqseer, and
subsequently wears ihram for Hajj, his Umrah is
invalidated. Evidently, his Hajj changes to Ifraad. He must
perform Umrat-ul-Mufradah later. He should, as a matter
of precaution, repeat the Hajj in the following year.
Rule 355: If a pilgrim fails to do taqseer, due to an
oversight, and subsequently wears ihram for Hajj, his
Umrah and ihram are valid. However he must, as a matter
of recommended precaution, pay a kaffarah of a sheep.
Rule 356: When a pilgrim, in Umrat-ut-Tamatu', performs
```

## PDF PAGE 100

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111
taqseer, all the prohibitions, imposed while in a state of
ihram, are lifted, including shaving the head. However, as
a matter of precaution, it is lawful to shave the head
within thirty days from the day of Eid-ul-Fitr, but not after
that period. If he deliberately does shave after the period,
he must, as a matter of precaution, pay a kaffarah of a
sheep.
Rule 357: In Umrat-ut-Tamatu', Tawaf-un-Nisa is not
obligatory; yet there is no objection to performing it.
```

## PDF PAGE 101

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111
Ihram for Hajj
As has already been stated, there are thirteen obligations
in Hajj. These will now be dealt with in some detail:
The best time for wearing ihram for Hajj is the day of
Tarwiyah which is the eighth of Thil Hijjah at zawaal. It is
permissible for old and sick people who are fearful of
overcrowding, to wear ihram, three days before then.
They can wear ihram and leave Makkah before other
people. Indeed, if need be, they can leave immediately
after completing Umrat-ut-Tamatu'.
Similarly, it is permissible for those permitted to perform
tawaf of Hajj before wuquf at Arafat and Muzdalifah, to
wear ihram earlier, such as a lady fearing the onset of
haydh. As has already been discussed, it is permissible to
wear ihram for Hajj and leave Makkah, for a legitimate
business, at any time, after completing Umrat-u-Tamatu'.
Evidently, it is also permissible to wear ihram, three days
earlier than should be the case, and even earlier than that
in certain circumstances.
Rule 358: As has already been discussed, it is not
permissible for a pilgrim performing Umrat-ut-Tamatu' to
wear ihram for Hajj before taqseer. So is the case in Umrat-
ul-Mufradah before completing the ceremonies of Hajj.
However, it can be worn after completion of all the
ceremonies, but before Tawaf-un-Nisa.
Rule 359: Whoever can make the wuquf at Arafat on the
specific day and time, it is not permissible for them to
delay putting the ihram on until such a time when it
becomes untenable.
Rule 360: The rules governing the procedures, obligations
and prohibitions of a state of ihram apply just as those
governing both ihram for Umrah and Hajj. The only
difference between them is in the niyyah
Rule 361: It is obligatory to wear ihram from Makkah as
mentioned above. The best place for it is the Holy Mosque.
It is recommended to wear the ihram after performing two
raka'as of prayer at Maqam Ibrahim (a.s.) or Hijr Ismail
(a.s.).
```

## PDF PAGE 102

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112
Rule 362: A pilgrim may forget to wear ihram, either
inadvertently or because of ignorance of the rules, until he
has left Makkah. If he remembers or becomes aware of the
rules at a later time, it is obligatory on him to return to
Makkah, even if he is in Arafat; he should wear ihram from
there. If because of limited time, or for another reason, it is
not possible to return to Makkah, he should wear ihram
wherever he is. Similarly, if he remembers or becomes
aware after the wuquf at Arafat, he should proceed to
Makkah, where possible, and wear ihram there. However,
if he does not remember or acquire the knowledge until
after completing Hajj, his Hajj is valid.
Rule 363: If a pilgrim knowingly and deliberately fails to
wear ihram, it is obligatory on him to rectify it. Should it
not be possible to do so before the stay at Arafat, his Hajj
is invalidated and he is obligated to repeat it in the
following year.
Rule 364: One must, as a matter of precaution, one make
an optional tawaf after wearing ihram for Hajj and before
departing from Makkah. If one does so, one must, as a
matter of precaution, renew the talbiyah after tawaf.
```

## PDF PAGE 103

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113
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
```

## PDF PAGE 104

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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
```

## PDF PAGE 105

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invalidated; if, however, he follows the opinion of the
Qadhi, without making investigations, the validity of his
pilgrimage is arguable (ishkal).
```

## PDF PAGE 106

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Wuquf at Muzdalifah
The third obligation in Hajj-ut-Tamatu' is wuquf at
Muzdalifah which is also known as Mash'aril-Haraam. The
limits, within which the wuquf is obligatory, are from
Ma'zmein to Hiyadh and Wadi Muhassar. If, because of
overcrowding and time constraints, it is not possible to be
within the limits, one can climb Ma'zmein.
Rule 372: When a pilgrim leaves Arafat, he must spend
part of the night in Muzdalifah. He should, as a matter of
precaution, stay till sunrise. That said, apparently he can
depart from there, for Wadi Muhassar, before sunrise.
However, he is not permitted to cross the Wadi and enter
Mina before sunrise.
Rule 373: It is obligatory to stay at Muzdalifah from dawn
till sunrise on the day of Eid. Nevertheless, wuquf
throughout the period is not one of the fundamentals of
Hajj. Thus, if a pilgrim stopped there for a period of the Eid
eve, then left before dawn, his Hajj is valid. Yet, if he did so
deliberately, he incurs a kaffarah of a sheep. If he did so
out of ignorance, there should be no penalty on him.
Rule 374: If a person does not hold wuquf between dawn
and sunrise at all, his Hajj is invalid. Women, children, the
fearful, the weak, the aged, the sick, and those caring for
them are exempt. It is permissible for them to spend the
night (Eid eve) at Muzdalifah and proceed to Mina before
dawn.
Rule 375: The wuquf at Muzdalifah must be with the
intention of attaining nearness to Allah alone, as is the
case for wuquf at Arafat.
Rule 376: If a person forgets to hold wuquf at Muzdalifah
or is, for another reason, unable to remain there between
dawn and sunrise, he must do so for a period between
sunrise and zawaal on the day of Eid. If he fails to do so
altogether, his Hajj is invalidated.
Accomplishing both the Wuqufs or one of them
It has already been stated that there are appointed and
alternative periods of stay at Arafat and Muzdalifah. If a
pilgrim manages to hold wuquf during the definite
```

## PDF PAGE 107

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periods in both the places, there is no problem in that. If
not, the following situations could arise:
if a pilgrim did not manage to hold wuquf at either of the
places at all, his pilgrimage is invalid. It is obligatory on
him to change to Umrat-ul-Mufradah in the ihram of Hajj
itself. It is then obligatory on him to perform Hajj in the
following year, if his obligation was Hajjatul Islam, and
that he still can afford it and remained obligated to
discharge it. He manages to hold wuquf at Arafat during
the appointed period and the alternative period in
Muzdalifah He manages to hold wuquf at Arafat during
the alternative period and at Muzdalifah during the
appointed period. In these two circumstances his Hajj is
undoubtedly valid. If he stays at both the places during
the alternative period, clearly his Hajj is valid. However, he
must, as a matter of precaution, repeat it in the following
year, as is the case in First above. If he manages only the
wuquf at Muzdalifah during the appointed period, his Hajj
is still valid. If he manages only the wuquf at Muzdalifah
during the alternative period, his Hajj is apparently
invalid, and that it should be switched to Umrat-ul-
Mufradah. If he manages only the wuquf at Arafat during
the appointed period, apparently his Hajj is invalid, and
that he must change to Umrat-ul-Mufradah. The exception
to the rule is if, on his way to Mina, he passes through
Muzdalifah during the appointed period and does not stay
there because of ignorance of the rule. In such a case, it is
not far from correct to say that the Hajj will be valid,
particularly when passing through Muzdalifah, the pilgrim
was engrossed in the remembrance of Allah. If he
manages only the wuquf at Arafat in the alternative
period, his Hajj is invalid and he must change to Umrat-ul-
Mufradah.
```

## PDF PAGE 108

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Mina and the obligations there
When a pilgrim departs from Muzdalifah, it is obligatory to proceed
to Mina to discharge one's obligations which, as will be discussed in
detail, are three:
Stoning Jamratil-Aqabah
This is the fourth obligation in Hajj on the day of the sacrifice.
Certain conditions have to be observed:
The niyyah for the act must be the attainment of nearness to Allah.
Seven stones must be thrown, not more or less; it is not permitted to
throw anything other than stones. The stones must be thrown one
after the other and not two or more at a time. It is necessary that the
stones hit the Jamrah. The stones must reach the Jamrah by being
aimed at it and not merely deposited there. The throwing of the
stones and hitting the Jamrah must be done by a pilgrim himself. So,
if the stone was in his hand but he was jostled around, resulting in
the stone reaching the Jamrah, the obligation is not fulfilled.The
same rule applies, if the Jamrah is obstructed by a man, a woman, or
an animal whose movements result in the stone hitting the Jamrah.
However, there is no objection to its hitting something before
reaching the Jamrah. The stone must be thrown by hand. In that, if a
pilgrim throws it by his mouth or feet, it is not sufficient. As a matter
of precaution, it is not permissible to use a tool to fling a stone onto
the Jamrah. The throwing of stones must be carried out between
sunrise and sunset. Women and others who are permitted to leave
Muzdalifah at night may perform rami at the Jamrah at night during
Eid. eve
Rule 377: If, during stoning, a pilgrim entertains a doubt as to
whether the stone struck the Jamrah or not, he must resolve that it
did not. The exception being that he had already engaged himself in
another obligation, or it was already night time when the doubt
arose, in which case he must ignore it.
Rule 378: Two things are to be taken into consideration regarding
the stones:
They must have been picked within the boundaries of the Haram but
not from the Holy Mosque or the Mosque of Khief, and better still,
they be picked in Muzdalifah. As a matter of precaution, they must
not have been used for this purpose before; it is recommended
(mustahab) that they be coloured, dotted and soft and of a thickness
```