Fiqh-us-Sunnah, Volume 5: Staying at Mina and Arafat
It is sunnah to move to Mina on the 8th of Zhul-Hijjah. So all pilgrims, whoare performing Hajj Qiran or Hajj Ifrad, they should proceed in their ihram toit. Those performing Hajj Tamattu' should on that day put on ihram (as they didthe first time at the miqat and proceed to Mina with others. According tosunnah a pilgrim performing Hajj Tamattu' should put on his ihram from theplace of his stay. If he is in Makkah he should assume ihram from Makkah,otherwise he may assume ihram trom wherever he is staying. In a hadith we read,"He who is staying at Makkah, should put on ihram from where he isstaying. The residents of Makkah should put on their ihram from Makkah."
It is commended that one should make supplications and say talbiyah as muchas possible while moving to Mina, and should offer Zuhr, 'Asr, Maghrib and Ishaprayers at Mina, and spend the night there, and not depart from it until thesunrise of the ninth day of Zhul-Hijjah. following the example of the Prophet(peace be upon him). If anyone misses any of these he will be missing a sunnahact, but he is not required to do anything to compensate for it. Ibn Al-Munzhirhas reported that 'Aishah did not leave Makkah on the 8th of Zhul-Hijjah tillquite late, after one third of the night had passed.
Sa'id bin Mansur reported that Al-Hasan used to leave Makkah for Mina a dayor two before Yaum al-Tarwiya (on the 6th or 7th of Zhul-Hijjah). Malik,however, disliked it, and also disliked that one should stay in Makkah untilthe evening of Yaum al-Tarwiya, except when it is Friday and one is still inMakkah and it is time for the Friday prayer. In such a case one must offerFriday prayer before leaving for Mina.
After the sunrise of the 9th day of Zhul-Hijjah, it is sunnah to leave forArafah by way of Zhabb while uttering takbir (Allahu Akbar), tahlil (La ilahail-lal-lah), and talbiyah (Labaika Allahumma lab-baik).
Mohammed bin Abi Bakr Al-Thaqafi said: "I asked Anas bin Malikregarding talbiyah, while we were on our way to Arafah from Mina, 'How did youdo it while you were with the Prophet (peace be upon him)?' Anas answered,'Some (of us) said talbiyah, while others said takbir, and yet others repeatedLa ilaha il-lal-lah. And the Prophet (peace be upon him) did not disapprove ofany of them."' This is reported by Bukhari and others.
It is desirable to stop at Namira and take an ablution or bath inpreparation for one's stay at Arafah. Furthermore, it is liked that one shouldenter Arafah at the time appointed for staying there which is after midday.
Jabir reported that the Prophet (peace be upon him) said, "The ten daysof the month of Zhul-Hijjah are the best days in the sight of Allah." Aman asked, "Are these days better than an equivalent number of days thatare spent fighting for the cause of Allah?" The Prophet (peace be uponhim) answered, "They are better than an equivalent number of days spentfighting in the cause of Allah. And there is no day better in the sight ofAllah than the Day of Arafah. On this day Allah, the Almighty and the ExaltedOne, descends to the nearest heaven, and He is proud of His slaves on theearth, and says to those in heaven, "Look at My servants. They have comefrom far and near, with hair dishevelled and faces covered with dust, to seekMy Mercy, even though they have not seen my chastisement. Far more people arefreed from the Hellfire on the Day of Arafah than on any other day."Al-Munzhri said that this hadith was reported by Abu Ya'la, al-Bazzar, IbnKhuzaimah, and Ibn Hibban, in whose wording it is given here.
Ibn Al-Mubarak reported from Sufyan Al-Thauri, he from Az-Zubair bin Ali,and he from Anas bin Malik that he said: "The Prophet (peace be upon him)spent the day at Arafah until almost sunset. Then he said, 'O Bilal! Ask thepeople to be quiet and listen to me.' Bilal stood up and asked the people to bequiet and listen to the Prophet (peace be upon him). When the people werequiet, the Prophet (peace be upon him) said: O People! A little while agoGabriel (peace be upon him) came to me. Gave me salutations from Allah, andinformed me that Allah has forgiven those who spend the Day at Arafah, andthose who stop at Mash'ar al-Haram, and that He has guaranteed their debts.'
At this 'Umar bin al-Khattab stood up and asked, 'O Allah's Messenger, isthis for us only?' The Prophet (peace be upon him) said, "This is for you,and for all those who will come after you until the Day of Judgment.' 'Umarexclaimed, 'How plentiful and blissful Allah's bounties are!"'
Muslim and others have reported from 'Aishah that the Prophet (peace be uponhim) said: "Allah frees far more people from Hellfire on the Day of Arafahthan on any other day, and that Allah comes closer this day and proudly says tothe angels, 'What do these people want and seek?"'
Abu Darda reports that the Prophet (peace be upon him) said, "On noother day does the Satan feel so belittled, humiliated, and angry as he does onthe Day of Arafah." The reason for this is the mercy of Allah thatdescends (this day) and the forgiveness that He grants to people for majorsins, except the day of the Battle of Badr which witnessed a far greater mercyof Allah descending upon people which caused great sadness to Satan.
The Prophet (peace be upon him) was asked, "O Prophet of Allah! Whatdid Satan see on the day of the Battle of Badr?" "He saw Gabrielleading the troops of Angels," he replied. (Reported by Malik as a mursalhadith and by Al-Hakim with an unbroken chain)
There is consensus among the Muslim scholars that spending the Day at Arafahis the most important part of Hajj. Ahmad and the compilers of the Sunan havereported from Abdur Rahman bin Ya'mur that the Prophet (peace be upon him)ordered an announcer to proclaim "Hajj is (spending the day at) Arafah, sohe who joins other pilgrims on the night of Muzdalifah before dawn, will beconsidered as having performed Hajj."
Most Muslim scholars are of the opinion that the time to spend in Arafahbegins from noon of the 9th day of Zhul-Hijjah until dawn of the 10th ofZhul-Hijjah, and that any part of this period of time, day or night, may bespent in Arafah (to fulfill this condition). A pilgrim choosing to spend theday time at Arafah must stay there until after the sunset. But if someonespends the night at Arafah he is not obligated to stay for any specific lengthof time. Ash-Shafi'i holds that extending the stay at Arafah until nightfall issunnah.
Staying at Arafah means physical and mental presence in any part of Arafah,whether one is awake, asleep, riding, sitting, lying down, walking, andregardless of whether one is in a state of purity or not, e.g., a menstruatingwoman, or one giving birth, or a person having a wet dream. The scholarsdiffer, however, about the position of one who faints and remains in a comauntil he leaves Arafah. Abu Hanifah and Malik hold that the Hajj of such peopleis valid.
Ash-Shafi'i, Ahmad, Al-Hasan, Abu Thawr, Ishaq, and Ibn Al-Munzhir hold thatsuch a person's Hajj is invalid, because it is an essential part of Hajj, and aperson in a coma cannot perform this or any other rites of Hajj.
After reporting the above hadith of Ibn Ya'mur, Tirmizhi remarks:"Sufyan Al-Thawri said that the knowledgeable Companions of the Prophet(peace be upon him) and others followed this hadith and held that a personfailing to spend the day or a portion thereof at Arafah before the dawn of the10th of Zhul-Hijjah, or arriving there after the sunrise, misses Hajj. Such aperson should consider his present Hajj as an 'Umrah, and must repeat it the nextyear. This is the opinion of Ash-Shafi'i, Ahmad, and others.
A pilgrim may spend the Day of Arafah anywhere within the bounds of Arafahfor all of it is equally good for encamping (on this particular day) except thebottom of the valley called 'Urnah to the west of Arafah. There is consensusthat spending the Day of Arafah at ' Urnah is not sufficient to fulfill thecondition of staying at Arafah.
Spending time near the rocks or as close to them as possible is commended.The Prophet (peace be upon him) stopped at this place and said, "I havestopped here, but the whole of Arafah is a stopping place (for the Day ofArafah)." (Reported by Ahmad, Muslim, and Abu Daw'ud on the authority ofJabir) Climbing the Mountain of Mercy or the belief that standing on it isbetter than standing in any other place is wrong. Nor does doing so represent asunnah of the Prophet (peace be upon him).
It is desirable that one should take a bath before encamping in Arafah. Ibn'Umar used to take a bath on the eve of the Day of Arafah, as reported byMalik. Similarly 'Umar (may Allah be pleased with him) used to take a bath inArafah while he was in the state of ihram.
One must maintain a complete state of purity. face the direction of Ka'bah,seek forgiveness of Allah as much as possible. glorify Allah, and supplicatefor one's well being and well:are in this Iife and in the Hereafter, and forothers, with fervor, attention, and with hands raised in supplication.
Osamah bin Zaid reported: "I was riding behind the Prophet (peace beupon him) in Arafah, while he raised his hands in supplications to Allah."(Reported by Nasa'i)
'Amr bin Shu'aib reported from his father and his grandfather, who said thaton the Day of Arafah the Prophet (peace be upon him) mostly supplicated inthese words: "La ilaha illallahu wahdahu la sharika lahu, lahul mulk walahul hamd, biyadihil khair wa huwa 'ala kulli sha'in qadeer (There is no deityworthy of worship but Allah Alone. He has no partners. To Him alone belongs theKingdom, and all praise. In His hand is all the good, and He has power over allthings)."
It is reported by Ahmad and Tirmizhi (and this is the wording of Tirmizhi)that the Prophet (peace be upon him) said, "The best supplication is thatof the Day of Arafah, and the best thing that I and other Prophets before mesaid is: 'La ilaha illallahu wahdahu la sharika lahu lahul mulk wa lahul hamdwa huwa 'ala kuli sha'in qadeer."'
Al-Hussain bin Al-Hasan Al-Maruzi reported: "I asked Sufyan bin'Oyainah, 'What is the best supplication for the Day of Arafah?' He said, 'Lailaha illallahu wahdahu la sharika lahu.' I said, 'But this is glorification ofAllah and His praise, and it is not a supplication.' Thereupon Sufyan said,'Don't you know the hadith of Malik bin Al-Harith which explains it.' I said tohim, 'Tell me about it.' He said, 'Mansur narrated from Malik bin Al-Hariththat he said "Allah, the Almighty, and the Exalted One, says: 'If aservant of Mine occupies himself in extolling and praising Me instead of askingMe for his needs I give him better than what I give to those who ask for their needs."'Then he added, 'This explains the saying of the Prophet (peace be upon him).'He continued and said, "Haven't you heard what Ummaya bin Abi Al-Salt saidto Abdullah bin Jad'an when he sought the hand of Na'ilah in marriage?" Isaid, "No." At this he said, "Ummaya recited (these lines ofpoetry) to Abdullah bin Jad'an: Do I have to tell you my need, or your modestyis enough (to plead my case), for modesty is your disposition, You areconversant with rights (and obligations) and come of a family polite andrespectable, When someone praises you once he need not repeat it again!
Then Sufyan added, "O Hussain, you see how the humans are pleased withpraise and are ready to grant request without even asking. What about theirCreator then?"
Al-Baihaqi reported from Ali (with a weak chain of narrators) that theProphet (peace be upon him) said, "The supplication most frequently usedby the Prophets before me and by me on the Day of Arafah is this: 'La ilahaillallahu wahdahu la sharika lahu, lahul mulk wa lahul hamd wa huwa 'ala kulisha'in qadeer. Allahumma 'ij'al fi basri nuran wa fi sam'i nuran wafi qalbinuran. Allahumm ashrah li sadri wa yassir li amri. Allahumma 'uzhubika minwaswasis sadri wa shatatil amr wa sharri fitnatil qabr wa sharri ma yaliju fillail wa sharri ma yaliju fin naharwa sharri ma tahubu bihi riyah wa sharribawa'iqid dahr (There is no deity worthy of worship but Allah alone. He has nopartners. To Him belongs the kingdom and all praise, and he has power over allthings. O Allah! place light (guidance) in my sight, in my ears, and in myheart. O Allah! Open my chest and ease my work. O Allah! I seek refuge with Youfrom evil whispers, from confusion, from the trial of the grave, from the evilthat takes place during the day or night, from the evil carried by the winds,and from the afflictions of the world."
Tirmizhi also reported from Ali that the supplication used most of the timeby the Prophet (peace be upon him) during his stay in Arafah was:"Allahumma lakal hamdu kallazhi naqulu wa khairam mimma naqulu, Allahummalaka salati wa nusuki wa mahyaya wa mamati wa ilaika ma'abi wa laka rabbiturathi allahumma inni a'uzhubika min 'azhabil qabri wa waswasatis sadri washatatil amri allahumma inni a'uzhubika min sharri ma tahubbu bihi riyhu (Allpraise belongs to You, O Allah! as we say, and better than what we can say. OAllah! My prayers, my worship, my life and my death are all for You. O Allah!To You is my return, to You belong what I own. O Allah! I seek refuge with Youfrom the torment of the grave, the evil whispers, confusion, and from whateverthe wind may bring.)
Mirba' Al-Ansari reported that the Prophet (peace be upon him) said:"You must azhere to the traditions and rituals (of Hajj), for these havecome down to you from (your forefather) Ibrahim in heritage." This wasreported by Tirmizhi as a sound hadith.
It is confirmed that the Prophet (peace be upon him) did not fast on the Dayof Arafah. The Prophet (peace be upon him) said: "Verily the Day ofArafah, the Day of Sacrifice (Yaum al-Nahr), and Ayam Tashriq (the 10th, 11thand 12th of Zhul-Hijjah) are our days of festivities. These are the days ofeating and drinking." It is also established that the Prophet (peace beupon him) forbade fasting on the Day of Arafah while at Arafah (forpilgrimage).
This has led most of the scholars to conclude that in fact not fasting onthe Day of Arafah is desirable, so that a pilgrim should be strong enough todevote himself wholeheartedly to worship and supplications.
Some of the ahadith that encourage fasting on the Day of Arafah concern thepersons who are not staying at Arafah as pilgrims performing Hajj.
According to the authentic ahadith the Prophet (peace be upon him) combinedZuhr and 'Asr prayers while at Arafah. For this, azhan - call for the prayer -was given, then iqamah - the second call for prayer - was made. Then he offeredZuhr. After this, another iqamah was made and he offered 'Asr prayer.
Al-Aswad and 'Alqamah said: "For the completion of Hajj, Zuhr and 'Asrprayers must be offered at Arafah in congregation behind an imam."
Ibn Al-Munzhir said: "There is consensus among the scholars that theimam must combine Zuhr and 'Asr prayers at Arafah, and so should any oneoffering prayer with the imam." And in case one cannot combine these andpray behind an imam, one should combine them while praying alone.
It is reported that Ibn 'Umar used to reside at Makkah, but when he went toMina he would shorten his prayers. 'Amr bin Dinar reported that Jabil bin Zaidtold him: "Shorten your prayers at Arafah." This is reported hv Sa`idbin Mansur.
According to sunnah, pilgrims should leave Arafah quietly and peacefullyafter sunset. The Prophet (peace be upon him) left Arafah very peacefully andquietly, holding the reins of his she camel so tightly that its head touchedits back, while he said to the people, "O people, walk calmly; rushing ormaking haste is not a virtue." This is reported by Bukhari and Muslim.They also reported that the Prophet (peace be upon him) let his she camel go atnormal pace, but when he found ample space in front of him he urged it to gofaster." He did this out of compassion and consideration for the people.
It is desirable for pilgrims to utter talbiyah and make remembrance of Allahas much as possible. The Prophet (peace be upon him) repeated talbiyah rightuntil he threw pebbles at Jamarah Al-'Aqabah. Ash'ath bin Sulaim reported fromhis father that he said, "I went with Ibn 'Umar from Arafah to Muzdalifah.He did not stop making remembrance of Allah and declaring His Oneness until wereached Muzdalifah." This is reported by Abu Daw'ud.
Hajj is obligatory both for women and men alike; they must perform itwhenever they meet the above mentioned prerequisites for it. In the case of awoman it is essential that she be accompanied by her husband or some othermahram (Al-Hafiz said in his Al-Fath: "According to the scholars. thecondition for being a mahram to a woman is that legally it should be impossiblefor such a man to ever marry her) relative on the journey for Hajj.
Ibn 'Abbas reports: "I heard the Prophet (peace be upon him) saying: 'Aman must never be alone with a woman unless there is a mahram with her. A womanalso may not travel with anyone except a mahram relative.' A man stood up andasked: 'O Prophet of Allah! My wife has gone for Hajj while I am enlisted forsuch and such a battle, what should I do?" The Prophet (peace be upon him)replied, 'Go and join your wife in Hajj." (Reported by Bukhari and Muslim;the words given here are of Muslim's. This order underlines somethingdesirable; it does not obligate the husband or the mahram to travel with thewoman, if there is no one else but him. No one is obligated to give up hisconvenience so that another person might do what is not required of him)
Yahya bin 'Abbad reported that a woman from Iraq wrote to Ibrahim AnNakh'i:"I have not yet performed the prescribed Hajj; for although I am rich, Ihave no mahram who may accompany me on this trip." He wrote her back:"You are one of those whom Allah has not given the means to perform(Hajj)." Abu Hanifah, Al-Hassan, At-Thauri, Ahmad and Ishaq all hold asimilar view on this issue.
Al-Hafiz says: "Among the Shafi'ite scholars the most commonly acceptedopinion in this regard is that a woman may travel with her husband, or one ofher mahram relatives, or a group of trustworthy women, or even one such(trusted) woman companion. According to one view, reported by Al-Karabisi andrecorded as sound in Al-Muhazhib, a woman may travel by herself provided the wayto Hajj is secure and safe. This applies to both Hajj and 'Umrah.
It is reported in Subul as-Salaam: "A group of scholars hold that anold woman may travel without being accompanied by any mahram relative."
This permission for a woman to travel without a mahram in the company oftrusted companions or when the journey to Hajj is safe is supported by what isreported by Bukhari from 'Adi ibn Hatem, who says: "I was with the Prophet(peace be upon him) when a man came to him and complained of poverty. Anotherman complained about highway robbery. Thereupon the Prophet (peace be upon him)said: 'O 'Adi! Have you seen the city of Hira in Iraq?' I said: 'No, but I haveheard about it.' The Prophet (peace be upon him) said: 'If you lived longenough you will see that a woman will travel from Hira and will perform Tawafround Ka'bah, and she will have no fear except that of Allah."
This opinion is supported by the fact that 'Umar gave permission to thewives of the Prophet (peace be upon him) to perform Hajj while accompanied by'Uthman and Abdur-Rahman ibn 'Awf. 'Uthman would announce them to peopletelling them to avoid looking at them or coming close to their camels.
If, however, a woman fails to abide by this provision and performs Hajjalone - without being accompanied by any mahram - her Hajj would still bevalid.
The author of Subul as-Salaam says that Ibn Taimiyyah said: "Hajj of awoman without a mahram is valid, and likewise of a person who is financiallynot able to perform it."
In brief, those for whom Hajj is not compulsory due to sickness, poverty,fear of highway robbery, or in the case of a woman because no mahram isavailable to accompay her, if these people nonetheless perform Hajj, it will becredited to their account. Some of them try their best (and exert themselves tothe utmost) like those performing Hajj on foot, while others are guilty ofsins, such as those who beg others to help them perform Hajj, or a woman thatperforms Hajj without a mahram male companion. Notwithstanding their valid excuse,if any of these people perform Hajj, it will be quite valid, for their sinrelates to their (choice of unlawful) means and has no bearing on the objectiveas such.
It is reported in Al-Mughni: "If a person, not obliged to perform Hajjbecause he is unable (financially) to do so, should seek to perform Hajj,suffering hardship, traveling on foot and without necessary provisions, hisHajj will be quite valid and acceptable."
Upon arriving in Muzdalifah the Prophet (peace be upon him) offered Maghriband two rak'ahs for 'Isha (making qasr). He ordered one single call for both'Isha and Maghrib, but a separate iqamah for each. No other supererogatoryprayer is to be olfered in between these two prayers. In the hadith recorded byMuslim we read that the Prophet (peace be upon him) arrived in Muzdalifah, andcombined the Maghrib and 'Isha prayers, with one azhan and two iqamah.s. He didnot offer any other prayer in between the two. Combining these prayers is,according to the consensus of the scholars, a sunnah, though there isdisagreement as to those who offer these two prayers separately in their times.Most of the scholars consider it permissible, but hold that following theexample of the Prophet is far more preferable. Thawri and other knowledgeablepeople are of the opinion that a pilgrim offering Maghrib prayer at any placeother than Muzdalifah must re-do it. They are of the opinion, however, thatoffering Zuhr and 'Asr prayers separately in their due times is permissible,but it is a disliked act.
Jabir says: "When the Prophet (peace be upon him) reached Muzdalifah,he offered both Maghrib and 'Isha prayers, then he lay down to sleep. He sleptuntil dawn, then he got up and offered Fajr prayer, and mounted his she camel,Al-Qaswa. When he reached Al-Mash'ar Al-Haram he stopped there until there waslight all around, then before sunrise, he left the place. There is no evidenceto show that the Prophet (peace be upon him) spent the night (at Muzdalifah) inprayers and supplications. This is the correct position about spending thenight at Muzdalifah and stopping there in the light of the practice of theProphet (peace be upon him).
Ahmad holds that spending the night at Muzdalifah is obligatory for allpilgrims except shepherds and water providers for whom it is not obligatory todo so. All the imams of schools of Islamic law consider stopping and spendingsome time at Muzdalifah obligatory. They do not, however, regard spending theentire night there as obligatory. Spending some time there, means being presentphysically, in any posture or condition, standing, sitting, being awake orasleep, walking. or passing by.
The Hanafi school is of the opinion that it is obligatory to be present atMuzdalifah before the dawn of Yaum al-Nahr (the 10th of Zhul-Hijjah). So, ifone fails to do so without a genuine excuse, one must offer a sacrifice unlessone has a genuine excuse in which case one is not obligated to be physicallypresent, nor does one incur any penalty.
The Maliki school holds that stopping at Muzdalifah, before dawn, andspending some time there is enough, while going from Arafah to Mina, isobligatory when one has no excuse to do otherwise. For a pilgrim with a genuineexcuse stopping and staying at Muzdalifah is not obligatory.
The Shafi'i school holds that only the physical presence in the second halfof the night of the 10th of Zhul-Hijjah at Muzdalifah, after spending the dayat Arafah, is obligatory. One is not required to spend the entire night there,nor is it essential even to make sure whether the place one is staying iswithin the boundaries of Muzdalifah.
It is the sunnah, however, to offer Fajr prayer at its early time, then headfor and stop at Al-Mash'ar al-Haram till daylight spreads before the sunrise.One should spend this time in supplication and remembrance of Allah. Allah saysin the Qur'an (2.198): "Then when you pour down from (mount) Arafah,celebrate the praises of Allah at the Sacred Monument and celebrate His praisesas He has directed you, even though, before this, you went astray. Then pass onat a quick pace from the place whence it is usual for the multitude to do so,and ask for Allah's forgiveness. And Allah is Oft-Forgiving, MostMerciful."
Before sunrise, the pilgrims leave Muzdalifah tor Mina, but when they pass throughthe valley called Muhassir, they should pass it at a quicker pace.
One may stop anywhere in Muzdalifah, except the valley called Muhassir(between Muzdalifah and Mina). Jubair bin Mot'im reported that the Prophet(peace be upon him) said: "The entire area of Muzdalifah is a place tostay, but avoid the valley called Muhassir." This is reported by Ahmadwith a sound chain of authorities. Spending the time at Muzdalifah at a placecalled Quzah, (The Quraish used to stop there in the pre-Islamic period insteadof staying at Arafah) is, however, better.
In a hadith reported by Ali we read that when the Prophet (peace be uponhim) arrived at Joma (a place in Muzdalifah), he stood there and said,"This is Quzah, the place to stop; and the entire Joma is a stoppingplace." This is reported by Abu Daw'ud and Tirmizhi, who considers it asound hadith.
The rites of the 10th of Zhul-Hijjah are performed in the following order:
These rites begin with throwing the pebbles, followed by offering thesacrifice, shaving one's head, pertorming a tawaf around Ka'bah. Observance ofthese rites in this sequence is sunnah. If one of these is performed before orafter another there is no harm, according to most scholars.
This is the standpoint of Ash-Shafi'i based on a hadith reported by Abdullahbin 'Amr who said: "The Prophet (peace be upon him) stood in Mina duringthe Farewell Hajj, while the people asked him questions and he answered them. Aman asked, 'O Prophet of Allah! I was not alert and I shaved my head beforeslaughtering my animal?' The Prophet (peace be upon him) said, 'There is noharm, go and slaughter your animal.' Another man asked, 'I slaughtered theanimal before I threw the pebbles?' The Prophet (peace be upon him) told him,'There is no harm. Go and throw the pebbles.'" The narrator said:"Whoever asked the Prophet (peace be upon him) about anything done beforeor after the other he told him 'No harm done. Go and do (whatever youmissed)."'
Abu Hanifah is of the opinion that if someone failed to observe the propersequence in performing these rites, and he did delay or precede a rite, he mustolfer a sacrifice, interpreting the words "no harm done" of theProphet (peace be upon him) to mean that such a person is not guilty of anysin, but nonetheless such a person has to slaughter an additional animal inatonement.
After throwing the pebbles on the 10th day of Zhul-Hijjah and shaving thehead or clipping some hair of it, a pilgrim is released from all restrictionsof the state of ihram. He may now wear perfume, put on regular clothes, etc.,except approaching his wife sexually. This is known as the first removal ofihram. After completing Tawaf AI-Ifada, an essential rite of Hajj, everythingis permissible for him including approaching his wife sexually. This is calledthe second or final removal of the state of ihram.
Al-Baihaqi reported from Salim bin Abi Al-J'ad that Ibn 'Abbas said that theProphet (peace be upon him) said: "When Abraham (peace be upon him) wantedto perform the Hajj rites, Satan blocked his way near 'Aqabah. (JamarahAl-Aqabah is on the left side inside Mina; the Jamarah Al-Wusta (the MiddleJamarah) is at about 11,677 meters from the first one, while Jamarah Al-Sughra(the Smallest Jamarah) is 1,564 meters further from the middle one) Abrahamthrew seven pebbles at him whereupon the Satan sunk into the ground. Again theSatan appeared to him near the second Jamarah. Abraham threw seven pebbles athim and he again sunk into the ground. Once again the Satan approached him nearthe third Jamarah, and again Abraham threw seven pebbles at him and once againthe Satan sunk into the ground." Ibn 'Abbas added, "You throw pebblesat the Satan, and (in doing so) you follow the path of your (great) forefatherAbraham (peace be upon him)." Al-Munzhri said: "This is reported byIbn Khuzaimah in his Sahih and by Al-Hakim, and it is sound according to theircriterion."
In his Al-Ahya, Al-Ghazali says: "As to the throwing of the pebbles, itis an expression of the thrower's intention to obey Allah's commandment, and ademonstration of his humility and servitude to Him. It signifies compliancewith divine commandment without any trace therein of any selfish pleasure,sensuous or intellectual.
"By throwing pebbles, one emulates Abraham when Satan - may Allah cursehim - blocked his way at that place in order to cast doubts in his heart ortempt him and divert him away from his Lord, so Allah commanded Abraham todrive the Satan away by throwing pebbles at him.
"Theretore, if you are tempted to think that Satan appeared to Abrahamand therefore he threw pebbles at him, but I am not tempted by Satan, so thereis no need tor me to throw these pebbles - if such a thought comes to you -then you must realize that this thought itself is from Satan, who suggests itto make you think there is no benefit in it, and so weaken your resolve andprevent you from throwing pebbles. Fight against these evil whispers withfirmness, resolution and by throwing pebbles despite these suggestions. Youmust also realize that although you are apparently throwing pebbles at theJamarahs, in reality you are hurling these in the face of Satan and therebybreaking his backbone. This is not possible except by submitting to thecommandments of Allah, in submission to Him, and without seeking gratificationof any personal desire."
The majority of scholars is of the opinion that throwing the pebbles isnecessary (wajib), but it is not obligatory. Anyone failing to throw pebbles isrequired to offer a sacrifice as reported by Ahmad, Muslim, and Nasa'i fromJabir who said, "I saw the Prophet (peace be upon him) riding his mountand throwing pebbles on the Day of Nahr (10th of Zhul-Hijjah), and saying,'Take your rituals from me. I do not know whether I will be able to performanother Hajj after this one'."
Abdur Rahman Al-Taimi said: "The Prophet (peace be upon him) commandedus in the Farewell Hajj to use small pebbles (the size of a pea)."This wasreported by At-Tabarani in his Al-Kabir with a sound chain of authorities.
The pebbles, as stated in the above hadith, should be no bigger than thesize of a pea. That is why the scholars consider this size as desirable. If,however, someone throws a bigger stone, according to the majority of scholars,it will suffice him for completing the rite, but it is disliked. Ahmad holdsthat it will not be sufficient for him until he repeats it with pebbles (of suitablesize), because the Prophet (peace be upon him) practiced it, and he forbade theuse of bigger stones.
Sulaiman bin 'Amr bin Al-Ahwas Al-Azdi reported from his mother that shesaid, "The Prophet (peace be upon him) was at the bottom of the valley, andhe was saying, "O People! Do not kill each other! When you throw pebbles,use pebbles the size of a pea." This was reported by Abu Daw'ud.
Ibn 'Abbas reported: "The Prophet told me 'Come, pick some pebbles forme!' I picked small pebbles like peas. When I gave these pebbles to him, hesaid, "Use pebbles similar to these (in throwing), and beware againstexaggerating in your religion, for those before you were destroyed because oftheir exaggeration in religion." This was reported by Ahmad and Nasa'i, itschain of authorities being sound. The majority of scholars take these ahadithas indicating preference for the size of pebbles. There is consensus that onlystones (pebbles) be thrown and not iron, lead etc.
The Hanafi school, however, disagrees and holds that it is permissible touse anything that comes from the earth, stones, clay, bricks, soil, or ceramicsetc., because the hadith mentions throwing only (and does not specify as towhat should be used). The practice of the Prophet (peace be upon him) and hiscompanions indicates the preterence and does not specify anything inparticular. The first opinion is preferable because the Prophet (peace be uponhim) used pebbles and he ordered others to throw pebbles like peas, which mayapply to various kinds of pebbles but not to anything else.
Ibn 'Umar used to pick his pebbles from Muzdalifah, and so did Sa'id binJubair. Ash-Shafi'i regards this preferable, but according to Ahmad one maypick pebbles from anywhere one wants.
'Ata and Ibn Al-Munzhir hold a similar view, for in the hadith of Ibn 'Abbasthe words used by the Prophet (peace be upon him) are "pick (some pebbles)for me" without specifying the place whence these were to be picked.
According to the Hanafi and Shafi'i schools, and Ahmad it is permissible,though undesirable, to use pebbles that have been used before. Ibn Hazm holdsit permissible without any dislike. He says, "Throwing the pebbles thatare used before is permissible, and so is throwing pebbles while mounting ananimal."
Neither the Qur'an nor Sunnah forbids the use of used pebbles. Logicallyspeaking, had those pebbles not been re-used by multiple pilgrims, there couldhave been mountains of them in the area.
As to throwing pebbles while riding one's mount we read in the hadith ofQudamah bin Abdullah that he said, "On the Day of Sacrifice, I saw theProphet (peace be upon him) throwing pebbles on the first Jamarah Al-Aqabahwhile he was riding a light-colored she camel without throwing them hard orslow, nor pushing and shoving others."
The total number of pebbles to be thrown is either seventy (70) or fortynine (49). Seven of these are to be thrown on the first Jamarah Al-Aqabah on the10th of Zhul-Hijjah; twenty one on the 11th day, seven at each of the threejamarahs; and similarly twenty one on the 12th day, throwing seven at each ofthe three places. The last twenty one pebbles are likewise to be thrown, sevenat each of the jamarahs, on the 13th day of Zhul-Hijjah. The total number ofthese pebbles comes to seventy pebbles.
If a pilgrim throws the pebbles for only three days (the 10th, 11th and 12thof Zhul-Hijjah), and does not throw on the 13th day, he may do so without anyharm. In such a case the total number will be forty nine pebbles.
According to Ahmad throwing five pebbles will suffice a pilgrim. 'Ata saysthrowing five pebbles will complete his Hajj rites. Mujahid said, "If apilgrim throws six pebbles he may do so without incurring any penalty."
Sa'id bin Malik reported: "We returned with the Prophet (peace be uponhim) after Hajj. Some of us said they had thrown six, others said they hadthrown seven pebbles. But none of us found fault with others for doingso."
The days for throwing pebbles are either three or four days: the 10th, 11thand 12th of Zhul-Hijjah or these three and the 13th of Zhul-Hijjah. Allah saysin the Qur'an (2.203): "Celebrate the praise of Allah during the appointeddays. But if any one hastens to leave in two days there is no blame on him, andif anyone stays on there is no blame on him, if his aim is to do right."
The best time to throw the pebbles is forenoon on the 10th of Zhul-Hijjah,because the Prophet (peace be upon him) threw the pebbles before noon on thatday.
Ibn 'Abbas said that the Prophet (peace be upon him) permitted the old andweak people of his family to throw first. Then he said, "Do not throwpebbles at the first Jamarah Al-Aqabah before the sunrise." This wasreported by Tirmizhi, who considers it a sound hadith. Deferring the throwingto the end of the day is, however, permissible.
Ibn Abdul Barr said: "There is consensus among the scholars that if apilgrim throws pebbles on the 10th of Zhul-Hijjah before the sunset, he will beconsidered as having thrown in time, although doing so is not desirable."
Ibn 'Abbas reported that on the Day of Sacrifice the Prophet (peace be uponhim) was told by a man at Mina that he had thrown his pebbles after sunset,whereupon he said to the man, "There is no harm." This was reportedby Bukhari.
Delay in throwing pebbles until after dark is permissible if there is agenuine excuse for doing so as related by Malik from Nafi' that a daughter ofSafiyah, wife of Ibn 'Umar, gave birth to a baby in Muzdalifah. So she andSafiyah (her mother) were left behind, and they arrived in Mina after sunset onthe 10th of Zhul-Hijjah. Ibn 'Umar asked them to throw their pebbles when theyarrived and he found no harm in their doing so.
It is disliked, however, to delay throwing the pebbles without a validexcuse until after dark. According to the Hanafi and Shafi'i schools, and inthe light of a narration from Malik, there is no penalty for delaying thethrowing of pebbles, considering the aforementioned hadith of Ibn 'Abbas. Ahmadis of the opinion that if a pilgrim delays the throwing of pebbles till the endof the Day of Sacrifice. then he should not throw pebbles during the night, butshould throw them the next afternoon.
There is consensus on throwing pebbles before midnight on the 10th ofZhul-Hijjah (the Night of Sacrifice). It is permissible, however, for women,children, the weak, those who have a valid excuse, and the shepherds to throwpebbles at Jamarah Al-Aqabah in the night.
'Aishah reported that the Prophet (peace be upon him) sent Umm Salamah onthe night of the 10th to throw her pebbles. She did so before dawn after whichshe went back to Makkah for tawaf. This is reported by Abu Daw'ud andAl-Baihaqi, who says that its chain is sound.
Ibn 'Abbas reported that the Prophet (peace be upon him) permitted theherdsmen tending the camels to throw their pebbles during the night. This isreported by Bazzar with a chain of narrators including Khalid Al-Zanji, who isconsidered an unreliable reporter. 'Urwah reported that the Prophet (peace beupon him) went to Umm Salamah on Yaum al-Nahr and ordered her to hasten forMuzdalifah, and then to Makkah (after throwing the pebbles in Mina during thenight) and to offer Fajr prayer there. That day was her turn to be with him andshe desired to be with him. This was reported by Ash-Shafi'i and Al-Baihaqi.
'Ata reported that someone told him about Asma who threw pebbles at thefirst jamarah during the night, and said, "We used to do so during thelifetime of the Prophet (peace be upon him)." This is reported by AbuDaw'ud.
Tabari said: "Ash-Shai i'i refers to the reports transmitted by UmmSalamah and Asma and concludes that it is permissible to go to Makkah attermidnight.
Ibn Hazm, however, holds that the permission to throw at night applies towomen only; it does not apply to men, whether strong or weak. These ahadithalso show that it is permissible for anyone with a valid excuse to go a nightearlier and throw the pebbles at night. Ibn Al-Munzhir said: "The sunnah(in this respect) is to throw the pebbles after sunrise, for this is what theProphet (peace be upon him) did. It is not permissible to throw pebbles beforesunrise, for such an act would be contrary to sunnah. But if one does so, heneed not repeat it, because I have heard none (of the scholars) saying this wasnot acceptable."
Al-Aswad said: "I saw 'Umar throwing his pebbles at the JamarahAlAqabah from a place above it." 'Ata was asked about throwing pebblesfrom above to which he replied, "There is no harm in it." This isreported by Sa'id ibn Mansur.
The time appointed for throwing pebbles during the three days is from middayuntil sunset. Ibn 'Abbas reported that the Prophet (peace be upon him) threwthe pebbles at midday or thereafter. This is reported by Ahmad, Ibn Majah andTirmizhi who consider it a sound hadith.
Al-Baihaqi has reported on the authority of Nafi' that Abdullah bin 'Umarused to say "We used not to throw the pebbles during the three days untilafter the sun was past the meridkul. Delaying the throwing of pebbles tillnight was disliked. The time for throwing pebbles dul-ing the night was untilthe sunrise of the next day. All Imams of Islamic law. except Abu Hanifah,agree on this point. Abu Hanifah holds that throwing pebbles before midday onthe third day is permissible. He based his opinion on a rather weak hadithtransmitted by Ibn 'Abbas which says, "When day breaks on the 13th ofZhul-Hijjah, it is permissible to throw one's pebbles and depart from Mina (toMakkah)."
It is desirable to stand facing the Qiblah, to praise Allah, whilesupplicating to Him for forgiveness for oneself, and for other fellow Muslims.Ahmad and Bukhari have reported from Salim bin Abdullah bin 'Umar and he fromhis father that when the Prophet (peace be upon him) threw pebbles at the firstJamarah, which is near the mosque, he said, Allahu Akbar. Thus he threw sevenpebbles and each time he said Allahu Akbar. Then he went, turned left towardthe bottom of the valley. There he stood tor quite a long time tacing thedirection of Qiblah, and raising his hands supplicated to Allah. Then he wentand threw seven pebbles at the second Jamarah saying Allahu Akbar with eachthrow. Thereafter he went to the left of the bottom of the valley, stood therefacing Qiblah and supplicated to Allah with raised hands. Then he went to theJamarah near Aqabah, threw seven pebbles at it, uttering a fakhir with eachthrow. After this he left and did not pause. According to this hadith theProphet (peace be upon him) did not pause after throwing pebbles at the JamarahAl-Aqabah, but he did pause after throwing pebbles at the other two Jamarahs.
The scholars have in the light of the above hadith suggested that after anythrowing (of pebbles at the Jamarahs) that is not followed by another throwingthe same day one should not stop (for supplications), but if one throwing (ofpebbles) is followed by another throwing the same day one should stand therefor supplications.
Ibn Majah has reported from Ibn 'Abbas that after throwing pebbles at theJamarah al-Aqabah, the Prophet (peace be upon him) used to leave, and not stop(for supplications).
It is confirmed that the Prophet (peace be upon him) used to begin with thefirst Jamarah that is near Mina, then he would go to the middle Jamarah furtheraway, and then he would go to the Jamarah Al-Aqabah. Likewise it is proven thathe said, "Take your religious rites from me."
The three of the leading Imams take this as indicating that observingsequence in throwing pebbles at the Jamarahs is a necessary condition and mustbe azhered to, because this is what the Prophet (peace be upon him) did. TheHanafi school, however, holds that sequence is only sunnah.
Ibn Mas'ud and Ibn 'Umar at the time of throwing pebbles used to say,Allahumma ij'alhu Hajjan mabruran wa zhanban maghfuran "O Allah! Acceptthis Hajj of ours and pardon our sins".
Ibrahim said, "The Companions of the Prophet loved that while throwingpebbles at Jamarah Al-Aqabah one should supplicate, "O Allah, accept thisHajj of ours and forgive our sins.'' When asked if this supplication should bemade at the time of throwing pebbles at each of the other Jamarahs as well hereplied in the affirmative.
'Ata said, "When you throw the pebbles you should utter a takbir(Allahu Akbar) with each throw. This is reported by Sa'id bin Mansur. Accordingto the hadith of Jabir, the Prophet (peace be upon him) uttered Allahu Akbarwith each pebble that he threw. The author of Al-Fath says: "There isconsensus that there is no harm if someone tails to utter a takbir."
Salman bin Al-Ahwas reported from his mother that she said. "I saw theProphet (peace be upon him) riding his mount at Aqabah holding a pebble betweenhis fingers and throwing it, while others were also throwing pebbles withhim." This is reported by Abu Daw'ud.
Persons who for a valid reason, illness, etc., cannot themselves throw thepebbles they may ask someone else to throw pebbles on their behalf. Jabir said,"We performed Hajj with the Prophet (peace be upon him) and we had somewomen and children with us. We (adults) uttered talbiyah and threw pebbles onbehalf of the children." This was reported by Ibn Majah.
Spending three nights or two nights, the 11th and 12th of Zhul-Hijjah, atMina is necessary (wajib), according to the three Imams of the Islamic law. TheHanafi school regards sleeping at Mina as sunnah only.
Ibn 'Abbas said, "After you have thrown the pebbles you may spend thenight wherever you wish." This is reported by Ibn Shaibah. Mujahid said,"There is no harm if one spends the first portion of the night at Makkah,and the last one at Mina, or the first portion of the night at Mina and thelast one at Makkah." Ibn Hazm said, "A pilgrim who does not spend thenight at Mina does wrong, but he does not incur any penalty.
There is consensus that in the case of those who have a genuine excuse, likewater carriers, and shepherds, sleeping the night at Mina is not necessary, andif they leave out anything they don't incur any penalty.
The uncle of the Prophet (peace be upon him), Abbas, sought and gotpermission from the Prophet (peace be upon him) to spend these nights (supposedto be spent in Mina) at Makkah so that he could attend to his functions asprovider of drinking water to the pilgrims. This was reported by Bukhari andothers.
'Asam bin 'Adi reported that Prophet (peace be upon him) excused theshepherds from sleeping at Mina. This is reported in the Sunan, and Tirmizhiconsiders it a sound hadith.
The three schools of Islamic law hold that the pilgrims must return fromMina to Makkah before the sunset of the 12th of Zhul-Hijjah after throwing thepebbles.
The Hanafi school, however, is of the opinion that pilgrims may return toMakkah betore the dawn of the 13th of Zhul-Hijjah. Leaving after sunset is,however, disliked for it is against the sunnah. but one who does so incurs nopenalty.
These are animals brought to the Haram, the Sacred Mosque, seeking thecloseness and pleasure of Allah, Who says in the Qur'an (22.36), "Thesacrificial camels We have made for you as among the symbols from Allah: inthem is (much ) good for you: then pronounce the name of Allah over them asthey line up (tor sacrifice) when they are down on their sides (afterslaughter), eat you thereof, and feed such as beg with due humility: thus haveWe made animals subject to you, that you may be grateful. It is not their meatnor their blood, that reaches Allah: it is your piety that reaches Him."
'Umar said, "Sacrifice animals, for Allah loves sacrifice. The Prophet(peace be upon him) offered one hundred camels in sacrifice for the pleasure ofAllah." This offering by him was supererogatory.
There is consensus among scholars that a sacrifice must be of one of theanimals, and that the best of these are, camels, then cows, then sheep and soon, for a camel is more beneficial for the poor because of its great size (morecan benefit from its meat), and similarly a cow is more useful than a sheep.
There is disagreement, however, as to what is best for an individual tooffer in sacrifice, a camel or a cow sharing one seventh of their price, or asheep. Apparently the preference in this regard is to what is more useful andbeneficial for the poor and the needy.
One may sacrifice any animal one chooses. The Prophet (peace be upon him)offered a hundred camels as a supererogatory sacrifice. The minimum number ofanimals a person is obligated to sacrifice is one sheep, or one-seventh portionof a camel or a cow (by sharing one-seventh of their price). A camel or a cowmay be sacrificed on behalf of seven people. Jabir said: "We performedHajj with the Prophet (peace be upon him), and we slaughtered a camel for sevenpersons, and a cow for seven persons." This was reported by Ahmad andMuslim.
For a sacrifice to be acceptable it is not necessary that all the partnersshould be of one mind. Thus if some do it for the pleasure of Allah, whileothers do it to obtain meat, it would still be valid. The Hanafi school,however, holds that a necessary condition for sacrificing is that all thepartners must have the pleasure of Allah in mind while offering sacrifice.
Sacrificing a camel is not necessary except for a pilgrim who performs tawafin a state of ritual impurity (Junub) or a female pilgrim performs tawaf whilestill menstruating or in confinement after childbirth, or a pilgrim who hassexual intercourse with his wife after spending the Day at Arafah but beforeshaving (or clipping) the hair, or a pilgrim who vows to sacrifice a camel; inall such cases one must sacrifice a camel. And if a camel is not available thenoffer seven sheep instead.
Ibn 'Abbas reported that a man came to the Prophet (peace be upon him) andtold him that he had to sacrifice a camel which he could easily afford butcould not find. Thereupon the Prophet (peace be upon him) said to him,"Buy seven sheep and sacrifice them instead." This is reported byAhmad and Ibn Majah with a sound chain of narrators.
Sacrifice may be divided into two categories, one that is desirable, and theother that is obligatory.
As for the desirable one, an example of it is that which is required ofpilgrims who perform Hajj only (Hajj Ifrad), or who perform 'Umrah only. As tothe obligatory sacrifice it may be one of the following:
-1- That which is obligatory for those performing Hajj Iqran (combining Hajjand 'Umrah without a break in between),
-2- or Hajj Tamattu' (combining Hajj and 'Umrah but with a break inbetween).
-3- That which is obligatory for a pilgrim who misses out an essentialritual of Hajj, e.g., throwing pebbles, or putting on ihram from a miqat (aplace designated for entering into a state of ihram), or combining day andnight while camping at Arafah, or spending the night at Muzdalifah or Mina ordeparting Makkah without performing Tawaf al-Wida' (Farewell circumambulation).
-4- That which is obligatory for a pilgrim committing something forbidden inthe state of ihram, other than sexual intercourse, wearing perfume or shaving.
-5- That which is obligatory for committing a crime within the sacredprecincts of Haram, like hunting or cutting trees within the Sacred precinctsof Haram. All these have been explained above in their respective sections.
A sacrificial animal should satisfy the following conditions:
-1- It should be two years old, if it is an animal other than a sheep. Asfor sheep, even a six month old lamb may be sacrificed, but it should be fatand healthy. As for a camel, it must be at least five years old, a cow twoyears old, and a goat a year old at least.
-2- It should be healthy and free from all physical defects. It should notbe one eyed, nor should it limp, be mangy, or very thin and weak. Al-Hasan saidthat the scholars said: "If a man purchases a healthy animal forsacrifice. but later before its slaughtering it becomes sick or loses one eyeor develops a limp in her legs, then such a person may slaughter it as asacrifice and that will sulfice him (to fullfil his obligation)." This wasreported by Sa'id bin Mansur.
Malik has reported from Hisham bin 'Urwah and he from his father that heused to tell his sons: "O my sons! Do not slaughter an animal in the nameof Allah such as you will be embarrassed to present as a gift to a close andrespected friend of yours. Allah is the Most Honorable and Most Generous, andHe is the most deserving to be offered the best of what you have."
Sa'id bin Mansur reported that Ibn 'Umar once mounted in Makkah on a niceshe-camel, which he liked very much, and said, "Excellent!Excellent!" admiring it. Then he dismounted, marked it as an offering, anda sacrifice for the pleasure of Allah.
Ish'ar (or marking) means that a camel or cow to be slaughtered is marked bycutting off their humps on one side. This serves as a mark that they areintended for sacrifice so that no one should cause them any harm.
And taqlid or garlanding means putting a leather piece around thesacrificial animal's neck to mark it as such.
The Prophet (peace be upon him) garlanded the sheep that he had marked outfor slaughtering and sent them with Abu Bakr to Makkah when he performed Hajjin the 9th year after Hijrah. It is affirmed by ahadith that the Prophet (peacebe upon him) garlanded sacrificial animals, marked them and doned ihram for'Umrah at the time of Hudaibiah. Most scholars, except Abu Hanifah, hold thatmarking the sacrificial animal is desirable.
The wisdom behind these two acts concerns reverence for Allah's commands,and an expression of that reverence, besides serving as a means of informingpeople that these animals are on their way to the House of Allah to beslaughtered there for His pleasure.
It is permissible to ride and benefit from the sacrificial animals (e.g.,camels or cows). Allah says in the Qur'an (22.33): "In them (i.e.,animals) you have benefits for a term appointed. In the end their place ofsacrifice is near the Ancient House."
Dahak and 'Ata said: "Benefiting from them here means using them forriding when needed, and benefiting from their milk and wool." The phrase"appointed term" refers to the term when a pilgrim marks the animalfor sacrifice until it is slaughtered. And the words "In the end theirplace is near the Ancient House" refer to the Day of Slaughter orSacrifice (Nahr), the 10th of Zhul-Hijjah.
Abu Hurairah reported that the Prophet (peace be upon him) saw a man drivinga she-camel to the place of slaughter. The Prophet (peace be upon him) said tothe man, "Mount it." The man replied, "It is a sacrificialanimal." The Prophet (peace be upon him) said to him twice or thrice,"Woe be to you ! Mount it." This is reported by Bukhari, Muslim, AbuDaw'ud
There is disagreement among scholars about the time of slaughtering.According to Ash-Shafi'i it should be done on the Day of Nahr, 10th ofZhul-Hijjah, and during Ayyam at-Tashriq (the 11th, 12th or 13th ofZhul-Hijjah) in light of the Prophet's words "All the Tashriq days (lOth,12th and 13th of Zhul-Hijjah) are Days for Slaughtering" as reported byAhmad.
If one missed slaughtering during these days, then one may slaughter ananimal later on to make up for it.
Malik and Ahmad hold that regardless of whether the slaughtering of theanimal is obligatory or a supererogatory act of worship it must be done duringthe appointed days. The Hanafi school also holds the same view concerning apilgrim pertorming Hajj Tamattu' or Hajj Qiran. Such a pilgrim must slaughterthe animal during the appointed (tashriq) days.
As opposed to this, a sacrifice in fullfilment of a vow, atonement of sins,and offered as a supererogatory act of worship may be offered any time duringthe year.
Abu Salmah bin Abdul Rahman and An-Nakh'i reported that the time forslaughtering is from the Day of Nahr to the end of Zhul-Hijjah.
A sacrifice whether it is obligatory (wajib) or voluntary cannot be doneexcept within the Sacred Precincts of Haram. Anywhere within these precinctsone may offer the intended sacrifice.
Jabir reported that the Prophet (peace be upon him) said, "All Mina isa place for slaughtering, and the entire Muzdalifah is a place for spending thenight; and all roads of Makkah are passageways and places to offer one'ssacrifice." This is reported by Abu Daw'ud and Ibn Majah.
It is preferable for a pilgrim, however, to offer his sacrifice at Mina. Fora person performing 'Umrah it is preferable to offer his sacrifice near Marwah,as this is the place where pilgrims leave the state of ihram whether performingHajj or 'Umrah.
Malik has reported that he was told that the Prophet ( peace be upon him)said at Mina, "This is the place for offering sacrifice. All Mina is aslaughtering place." And speaking about 'Umrah, the Prophet (peace be uponhim) said, -This - i.e. Marwah - and all roads and paths of Makkah areslaughtering places."
It is desirable to slaughter camels in a standing position with their leftlegs tied as in the following ahadith:
-1- Muslim reported from Ziyad bin Jubair that Ibn 'Umar came upon a man whowas slaughtering a camel while it was sitting. He said to the man, "Let itstand up, and tie its legs. This is the sunnah of your Prophet (peace be uponhim)."
-2- Abu Daw'ud reported from Jabir that the Prophet (peace be upon him) andhis companions used to slaughter their sacrificial camels with their left legstied and standing on three legs."
-3- Hakim reported from Ibn 'Abbas concerning the Qur'anic verse (22.36)"then pronounce the name of Allah over them as they line up (forsacrifice)" he interpreted it to mean "as they line up and stand onthree legs." As for cows and sheep it is preferable to slaughter them in alying position. According to some it is disliked to slaughter an animalstanding that is to be slaughtered lying down and vice-versa. Others disagreeand hold it is not disliked. It is preferable to slaughter one' s animal withone' s own hands, if possible, otherwise one may assign someone else to do iton one's behalf, but one must be present there.
It is not permissible to give a butcher his wages out of the meat of theanimal. A butcher may, however, be given a portion of the meat in charity. Thisis based on the statement of Ali who said, "the Prophet (peace be uponhim) ordered me to take care of his camels that were to be slaughtered and todistribute their meat, skins and everything else (among the needy people), buthe ordered me not to give any portion of it to the butcher." And then hesaid, "We shall give him from ourselves." This is reported by theGroup.
This hadith shows that one is permitted to designate someone else toslaughter the animal on one's behalf, distribute its meat, skin and otheruseful parts among others, but one is not permitted to give any portion of itin wages to the butcher. A butcher should, however, be paid for his work as theProphet (peace be upon him) said, "We shall give him from ourselves."
It is reported that Al-Hasan said,"There is no harm in giving the skinof the animal to the butcher."
Allah commands Muslims to eat of the animals slaughtered in sacrifice:"...eat you thereof and feed such as (beg not but) live in contentment andsuch as beg with due humility." (Qur'an 22.36)
Apparently this commandment applies to both the obligatory andsupererogatory sacrifice. There is some disagreement among the jurists on thissubject. Abu Hanifah and Ahmad are of the opinion that one may eat of thesacrifice made for Hajj Tamattu' (In which Hajj and 'Umrah are combined with abreak) or Hajj Qiran (In which Hajj and 'Umrah are combined without a break) orone that is offered voluntarily, but one may not eat of any other sacrifice.
Malik holds that one may eat of an animal sacrificed as a penalty forviolating one's previous Hajj, or that which is sacrificed for missing one'sHajj, or a sacrifice offered by one performing Hajj Tamattu ', or any otheranimal offered in sacrifice, except a sacrifice offered as an atonement forkilling a game or one that is vowed for the poor, and that which is offeredvoluntarily except when (it is feared) the animal will be spoiled beforearriving at its place of slaughter.
Ash-Shafi'i holds that one is not permitted to eat of an obligatorysacrifice, e.g. an obligatory sacrifice olfered in penalty, or a sacrifice madefor killing a game, or one that is offered for spoiling one ' s Hajj, or oneoffered for Hajj Tamattu' or Hajj Qiran, and likewise that which one has vowed.In case of a voluntary sacrifice, however, one may eat thereof himself as wellas give it to others.
A person offering a sacrifice may consume, without any restrictions, anyamount of meat he may desire. He may likewise give away or offer in charity anyamount he may wish. Some scholars said that one may eat half and give away theother half in charity, while others said that the meat be divided into threeparts. Of these one may keep a part, distribute a part, and give in charity thethird part.
The practice of shaving or clipping hair is affirmed by the Qur'an, theSunnah of the Prophet, and the consensus of the community. Says Allah:"Truly did Allah fulfil the vision for His Messenger: ye shall enter theSacred Mosque, if Allah wills, with minds secure, heads shaved, hair cut short,and without fear." (Qur'an 48.27)
Both Bukhari and Muslim have reported that the Prophet (peace be upon him)said, "May Allah bless those who shaved." The Companions asked him,"O Allah's Messenger, what about those who clip their hair short?"Thereupon the Prophet (peace be upon him) again said, "May Allah blessthose who shaved." They repeated their question the third time, and againthe Prophet said, "May Allah bless those who shaved." When they askedhim for the fourth time, "O Allah's Messenger, what about those who cliptheir hair short?" He said, "And (may Allah bless) those who cliptheir hair short. (It is said that the reason for repeating supplication forthose who shaved their hair is obviously to encourage people to shave ratherthan cut their hair short only because by shaving off one's hair onedemonstrates one's sincerity and humility to Allah without caring for one'sphysical appearance)
Both Bukhari and Muslim also report that the Prophet (peace be upon him)shaved his head, and so did a group of his Companions, while others only cuttheir hair short.
Shaving here means removing hair of the head with a razor, etc., or pluckingthem out. It suffices one, however, to remove only as many as three hairs. Andcutting the hair short means cutting the length of one fingertip of the head'shair. The majority of jurists disagree concerning this issue.
Most scholars hold that shaving or cutting the hair short is obligatory, andone failing to do so must slaughter an animal to atone for this omission.According to the Shafi'i school it is an integral part of Hajj.
A pilgrim may shave or cut his hair short right after throwing the firstpebbles at Jamarah Al-Aqabah on the Day of Nahr - the 10th of Zhul-Hijjah. If,however, a pilgrim has with him animals to be slaughtered then he can shave orcut his hair short only after having slaughtered these animals.
In a hadith reported by Ma'mar bin Abdullah we read that the Prophet (peacebe upon him) slaughtered his sacrificial animal at Mina and said, "He hascommanded me to shave (my head)." This was reported by Ahmad and At-Tabarani.
The time to shave or cut one's hair short while performing 'Umrah is rightafter completing Sa'i - seven rounds - between Safa and Marwah. As for thosewho bring their sacrifical animals with them, they may shave right after theyslaughter them.
At the time of shaving or cutting one' s hair short, according to AbuHanifah and Malik, one must be in Haram (within the prencincts of the SacredMosque) and it must be during the Days of Nahrm - 10th, 11th, 12th and 13th ofZhul-Hijjah. A narration from Ahmad, based on the above hadith, supports thisopinion.
Ash-Shafi'i, Mohammad bin Al-Hasan, and, according to his well knownposition, Ahmad, are of the view that shaving or cutting of one's hair shortmust be done within the Sacred Precincts of the Haram, but not necessarilyduring the Days of Nahr. If one delays shaving one's head until after thesedays one may do so without any harm or incurring any penalty.
It is liked that while shaving the head one should first shave the righthalf, then the left side, while facing the direction of Qiblah, uttering AllahuAkbar, and offering a two rak'ah prayer at the end of it. Waki' said, "AbuHanifah once told me: 'I was mistaken concerning five rites of Hajj and acupper taught these to me and corrected me. This happened when I went to acupper and asked him, "How much will you charge for shaving my head?"The cupper said, "Are you from Iraq?" I said, "Yes." Thecupper said to me, "Sit down, this is a rite of Hajj, and on it noconditions must be placed." I sat down with my face slightly away from thedirection of Qiblah. At this he said, "Turn your face toward theQiblah." I turned the left side of my head to him to shave it firstwhereupon he said, "Turn over the right side of your head (that I mayshave it first)." I turned the right side to him and he began shavingwhile I sat quiet. He again said, "Say takbir" which I did, untilwhen I got up to leave, he said, "Where are you going?" I said,"I am going to my camp." He said, "Offer a two rak'ah prayerfirst, then leave." I asked him, "Where did you learn all this?"He replied, "I have seen 'Ata bin Abi Rabah doing this.""' Thiswas reported by Al-Muhib Al-Tabari.
The majority of scholars is of the opinion that in the case of a bald man,who has little or no hair at all, it is desirable to pass a razor over hishead. Ibn-ul-Munzhir said, "All reliable scholars agree that a razor be passedover the head of a bald man." In Abu Hanifah' s opinion passing razor overthe head of a bald man is obligatory.
It is desirable for those who shave or cut short their hair (as pilgrims) toalso clip their finger nails and shorten their mustaches. Whenever Ibn 'Umarshaved or cut short his hair in Hajj or 'Umrah, he would always clip his fingernails and shorten his moustaches.
Ibn al-Munzhir said, "It is confirmed that when the Prophet (peace beupon him) shaved or cut short his hair he clipped his finger nails aswell."
Abu Daw'ud and others reported from Ibn 'Abbas that the Prophet (peace beupon him) said, "Women (pilgrims) do not have to shave (their heads); theymay only shorten their hair." Al-Hafiz considers this a sound hadith.
Ibn Al-Munzhir said, "There is agreement among the scholars on this,because shaving a woman's head is in fact a sort of punishment for her."
Ibn 'Umar said, "When a woman (pilgrim) wants to cut off her hair, shemay hold her hair at the front and cut it off about the length of the tip of afinger." In 'Ata's opinion, while cutting her hair, a woman should cut itoff her sides, of the long hair as well as the short ones. This is reported bySa'id bin Mansur. Others hold that there is no limit as to how much a woman maycut off her hair. The Shafi'i school holds that cutting as much as three hairsis enough for a female pilgrim.
There is consensus among the Muslims that Tawaf AI-lfadah is one of theessentials of Hajj, and if someone fails to observe it his Hajj is void. TheQur'an (22.29) says: "Then, let them complete the rites prescribed forthem, perform their vows, and (again) circumambulate the Ancient House".According to Ahmad a pilgrim must make a definite intention for itsperformance.
All the other three Imams hold that having the intention to perform Hajjcovers and applies to all its rites including Tawaf Al-Ifadah.
The majority of scholars holds that Tawaf AI-lfadah is comprised of sevenrounds of the Ka'bah. Abu Hanifah, however, is of the view that only four ofthe seven rounds are essential in Hajj, and if these (four) are missed the Hajjof a person becomes void. The remaining three rounds are necessary (wajib) butnot essential. A pilgrim abandoning one or all of these three rounds misses anecessary part, but it does not invalidate his Hajj, although he is required tooffer a sacrifice of an animal in atonement for it.
According to Ash-Shafi'i and Ahmad, the time for it is from the midnight ofthe Day of Nahr, the 10th of Zhul-Hijjah, and its end is indefinite. A malepilgrim is, however, not permitted to have sexual intercourse with his wifeuntil after he completes Tawaf Al-Ifadah. Delaying it beyond the 11th, 12th and13th of Zhul-Hijjah, does not obligate a person to slaughter an animal, but itis disliked.
The best time for performing this Tawaf is before noon on the Day of Nahr,the 10th of Zhul-Hijjah. According to Abu Hanifah and Malik its time is fromthe dawn on the Day of Nahr, though concerning its end there is disagreementamong scholars.
Abu Hanifah holds that it must be performed during the Days of Nahr, but ifa pilgrim delays it beyond these then he must slaughter an animal in atonementfor it. Malik, on the other hand, is of the view that there is no harm indelaying this rite until after the 13th of Zhul-Hijjah, though doing it earlier(during the Days of Tashriq) is better. Its time is until the end of the monthof Zhul-Hijjah, and if it is performed after it. then one must slaughter ananimal in atonement. The Hajj of such a person will still be valid, for thewhole month of Zhul-Hijjah, according to Malik, is included in the months ofHajj.
For women it is desirable to perform Tawaf Al-Ifadah early on the Day ofNahr, if they fear they will begin to menstruate. 'Aishah used to order thewomen (pilgrims) to perform it on the Day of Nahr - 10th of Zhul-Hijjah, as aprecaution against the menses.
'Ata said, "If a woman (pilgrim) is afraid of her monthly period, shemay perform the Tawaf of Ka'bah before throwing the pebbles at JamarahAl-Aqabah, and even before her sacrificial animal is slaughtered.
There is no harm in a woman pilgrim using any medicine to delay her periodsso as to perform this Tawaf. Sa'id bin Mansur reported that Ibn 'Umar was askedabout a woman that takes some medicine to delay her periods. At this he said hesaw no harm in it, and told them to use water of Arak instead.
Mohibbuddin Al-Tabri said, "If it can be delayed in this case then itcan also be delayed in (determining) the period of 'iddah, and all othersituations. On the same principle, medicines may be used to induce monthlyperiods.
It is established that the Prophet (peace be upon him) on his way from Minato Makkah rested for a while at Al-Mohasab, where he offered Zuhr, 'Asr,Maghrib and 'Isha prayers. Ibn 'Umar would always do likewise.
There is disagreement among the scholars as to its desirability. 'Aishahsaid that the Prophet (peace be upon him) rested at Al-Mohasab because it waseasier to do so, but it is not a sunnah. Hence, one may or may not do so.
Al-Khattabi said that it was something practiced before but was later onabandoned. Tirmizhi said that some scholars liked to rest at Al-Abtah withouttreating it as necessary, except those who liked it.
The wisdom of resting at this place is to thank Allah for what He bestowedupon His Prophet (peace be upon him) in the form of victory over his enemieswho boycotted Banu Hashim and Banu Al-Mutallib and foreswore that they willneither marry their women nor sell anything to them unless they hand over theProphet (peace be upon him) to them.
Ibn Al-Qayyim said, "The Prophet (peace be upon him) intended toproclaim the rites of Islam at a place where disbelief, blasphemy, andhostility to Allah and His Messenger were dominant."
This was the usual practice of the Prophet (peace be upon him). He would useevery opportunity to proclaim the Oneness of Allah at places once dominated bysymbols of disbelief and polytheism. One such example is that the Prophet(peace be upon him) ordered that a Mosque in Ta'if be built in the same placewhere once idols of Lat and 'Uzza stood.