13 Miscellaneous Rulings of Hajj - III

10/10/2011| IslamWeb

The eighth ruling: Ending Ihraam

When a pilgrim throws the pebbles of Jamrah Al-‘Aqabah on the Day of ‘Eed and then shaves or trims his hair, this is the first state of ending Ihraam (sacral state). Thereafter, all the restrictions of Ihraam become permissible for him, including perfume, clothes, shaving or trimming hair, cutting nails, and so on, except sexual intercourse. He is permitted neither to touch his wife nor to look at her with lust unless he performs Tawaaf (circumambulation) and Sa'y (seven rounds) between As-Safa and Al-Marwah mountains. After performing Tawaaf and Sa'y, this is the second state of ending Ihraam and as such all the restrictions of Ihraam become permissible for him, including sexual intercourse. However, he is neither allowed to hunt nor to cut trees or green grass as long as he is still within the sacred precincts of Makkah out of veneration to these places.

The ninth ruling: Assigning a deputy to throw the pebbles

A person who is able to throw the pebbles is not allowed to assign a deputy to throw on his behalf, whether his Hajj is obligatory or voluntary; since the voluntary Hajj must be perfected when one starts its rituals. A person who is unable to throw the pebbles because of sickness, old age, pregnancy, and so on, is permitted to assign someone to throw on his behalf, whether his Hajj is obligatory or voluntary and whether the pebbles are collected by him/her or by the deputy.

The deputy throws on his behalf first and then on behalf of his authorizer. This is in compliance with the general indication of the narrations: "Start with yourself," and "Perform Hajj on your behalf first and then on behalf of Shubrumah."

The deputy is permitted to throw the pebbles on his behalf and then on behalf of his deputy while standing at the same place. He starts by throwing the first Jamrah with seven pebbles on his behalf and then another seven on behalf of his deputy. Then, he does the same thing with the second and third Jamrahs, given the apparent indication of the next Hadeeth. It was narrated that Jaabir said, "We performed Hajj with the Prophet and made Talbiyah and threw pebbles on behalf of our children." [Ahmad and Ibn Maajah] The apparent meaning of the Hadeeth indicates that they did that while standing at the same place. Had they thrown the three Jamraats on behalf of themselves first and then returned to do that on behalf of their children, this would have been transmitted. Allah Knows best.

The tenth ruling: The rituals of the Day of ‘Eed

The pilgrim is required to practice four rituals on the Day of ‘Eed, according to the following sequence:

First: Throwing the Jamrah of Al-‘Aqabah.

Second: Slaughtering the Hady (sacrificial animal), if he has one.

Third: Shaving or trimming his hair.

Fourth: Performing Tawaaf.

Then the pilgrim has to perform Sa'y, if he is performing the Tamattu ‘Hajj. If he is performing the Qiraan or the Ifraad Hajj and has performed Sa'y after the Arrival Tawaaf, his first Sa'y would be enough for him; otherwise, he has to perform Sa'y after performing Tawaaf on the Day of ‘Eed.

This is the sequence prescribed by Sharee‘ah (Islamic legislation). However, if the sequence is not applied as when slaughtering is done before throwing, shaving before slaughtering or performing Tawaaf before shaving, one is blameless if he does so out of ignorance or forgetfulness. If he does so deliberately while knowing the ruling, he is blameless as well, according to the famous opinion of Imam Ahmad . Ibn ‘Abbaas narrated that the Prophet was asked about a person who shaved before slaughtering and he replied: "It is permissible." [Al-Bukhari]

Ibn ‘Abbaas also narrated that the Prophet was asked on the Day of Nahr (the Day of ‘Eed) while he was in Mina and he answered all the questions saying: "It is permissible." A man asked him saying, "I shaved my hair before slaughtering," and the Prophet replied: "Slaughter. There is no wrong." Another said, "I threw the pebbles after sunset." And the Prophet responded: "There is no wrong." Ibn ‘Abbaas also narrated that the Prophet was asked about slaughtering, shaving, throwing and performing one ritual before the other, and that he answered all the questions saying: "There is no wrong."

It was also narrated that the Prophet was asked about a person who performed Tawaaf or slaughtered before throwing pebbles, and the Prophet responded: "There is no harm." [Al-Bukhari]

‘Abdullah ibn ‘Amr also narrated that he said, "The Prophet was not asked about any ritual performed before the other but he said: 'Do and there is no harm at all.'"

If the pilgrim delayed slaughtering until his arrival in Makkah, this is permissible, provided that it is not delayed after the Days of Tashreeq. He is also permitted to delay Tawaaf or Sa'y after the Day of ‘Eed. However, he has to perform this before the end of the month of Thul-Hijjah unless there is an excuse, as when a woman experiences post-partum bleeding before performing Tawaaf. In this case, she has to delay Tawaaf until the state of post-partum bleeding ends, even after the end of the month of Thul-Hijjah. In such a case, a woman is neither blamed nor required to offer Fidyah (compensation).

The eleventh ruling: The time and sequence of throwing the Jamraats

As mentioned earlier, the time of throwing the pebbles starts after sunrise, when one is healthy and strong enough, and from the end of the night of ‘Eed, when one is unhealthy and cannot deal with the crowds.

During the Days of Tashreeq, the time of throwing pebbles starts when the sun declines from the middle of the sky. Throwing is invalid when it takes place before this specified time, because that was the action of the Prophet who said: "Learn your rituals (of Hajj) from me."

The time of throwing extends during the Day of ‘Eed as well as the next days until sunset. There should be no throwing during the night. Some scholars, however, are of the opinion that when one is unable to throw the pebbles during the daytime, he is allowed to do that during the night, except the night of the 14th of Thul-Hijjah since the days of Mina end with the sunset of the 13th day. Since the first opinion is more cautious, when one misses throwing the pebbles during a certain day, he has to throw them the next day when the sun declines from the middle of the sky. He starts by throwing the pebbles of the missed day and then throws the pebbles of the present day.

The sequence between the three Jamraats is obligatory. He throws the first Jamrah (which is next to Al-Khayf Mosque), the middle Jamrah, and finally the Jamrah of Al-‘Aqabah. When this sequence is violated deliberately and knowingly, he has to throw the pebbles again according to the sequence. However, if it is violated out of ignorance or forgetfulness, the throwing will be considered valid and one is not liable for anything.

The twelfth ruling: Spending the night at Mina

Spending most of the nights of the 11th and the 12th days of Thul-Hijjah at Mina is obligatory. When one departs to Makkah at the beginning of the night and then returns to Mina before the middle of the night, or when he departs to Makkah from Mina after the middle of the night, this is permissible because he has done what is obligatory by spending most of the night at Mina.

The pilgrim should be certain that he is within the boundaries of Mina. It is bordered by the Valley of Muhassir from the east and the Jamrah of Al-‘Aqabah, not the valley, from the west. The sides next to Mina of the mountains surrounding it are parts of Mina and it is permissible to spend the night there. The pilgrim should be careful not to spend the night in the Valley of Muhassir or behind the Jamrah of Al-‘Aqabah, because they are not included and spending the night there is useless.

The thirteenth ruling: The Farewell Tawaaf

The Farewell Tawaaf is obligatory when departing Makkah, whether one performs Hajj or ‘Umrah. A woman in a state of menstruation or post-partum bleeding, however, is not required to do that unless this state ends before the woman departs the buildings of Makkah. When one has performed the Farewell Tawaaf and departed Makkah but stays two days or more there, he is not required to perform the Farewell Tawaaf again, even if he stays near Makkah.