Book of Ḥajj — Tuḥfat al-Mulūk

Ruling518

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العمر

It is an obligatory duty (farḍ) to be discharged without delay, once in a lifetime, upon every morally responsible person who is free, free of bodily defect, sighted, able to afford provisions and mount, where there is no prohibitive obstacle, and who can spare the cost of his outward and return journey over what is indispensable for his dependants until the time of his return, on condition that the road is safe.

From the editors

Footnotes

As in al-Wiqāyah (p. 246), al-Tanwīr (2:456), and Lubāb al-Manāsik (p. 4). This is the view of Abū Yūsuf, al-Karkhī, al-Māturīdī, and the sounder (aṣaḥḥ) of the two narrations from Abū Ḥanīfa, as stated by Qāḍī Khān and the author of al-Kāfī. al-Qārī narrated in al-Maslak al-Mutaqassiṭ (p. 71) that it is the sounder view according to us. It is the well-known (mashhūr) view of the madhab of Mālik, Aḥmad, and al-Muzani from the Shāfiʿī early scholars.This is because the command for Ḥajj in its time is absolute (muṭlaq), allowing for both immediacy (fawr) and delay (tarākhī). Interpreting it as immediate is more cautious; to avoid falling into the sin of missing the Ḥajj after its obligation.

It is not obligatory on the disbeliever (kāfir) or a child, even if the child has moral discernment (tamayyuz) because they are not accountable (mukallaf). Such that if the child enters iḥrām and then reach the age of maturity, if they renew their iḥrām, it counts towards their obligatory Ḥajj; otherwise, it is considered voluntary, as they do not possess the capacity for obligations to enter their moral dues (thimmah).

Ruling519

So if that [cost] is granted to him [by another], [the duty] does not become binding [on him in that case].

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Ruling520

And if a poor man performs ḥajj, it counts as [fulfilling] the obligation (farḍ).

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Ruling521

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A maḥram or the husband is a condition for the woman when the journey is [considered] travel; the maḥram’s maintenance is upon her; and the maḥram who is a dhimmī slave, if he is trustworthy, is like the free Muslim.

From the editors

Footnotes

Qāḍī Khān and others established this as a condition for performing (ʿadāʿ) rather than obligation (wujūb). However, the author of al-Badāʿiʾ and al-Sirājī have established that it is one of the conditions of the obligation of Ḥajj. See: al-Maslak (p. 63).

A maḥram is a person whom a woman is permanently prohibited from marrying due to kinship (qarābah), breastfeeding (raḍāʾ), or in-laws from marriage (muṣāharah), regardless of whether they are Muslim or a non-Muslim (kāfir), unless they are a Magian (Majūsī) or an immoral person (fāsiq) from whom fitnah (temptation) is feared, or a child or insane (majnūn) person. See: al-Muḥīṭ al-Burhānī (p. 32), Tabyīn al-Ḥaqāʾiq 62, Taqrīrāt al-Rāfi'ī (p. 157), and al-Badāʿiʾ (2:124).The Shāfiʿīs hold the view that if a woman finds two or more trustworthy women whom she trusts and feels safe with, it suffices as a substitute for a maḥram or husband in terms of the obligation of Ḥajj upon the woman. The Mālikīs say that if a woman cannot find a mahram or husband, even for a fee, she may travel for the obligatory Ḥajj or a vowed Ḥajj (nadhran) with a trustworthy group (al-rifqah al-maʾmūnah), provided that the woman herself is trustworthy, and the group are trustworthy women or righteous men.

Due to the ḥadīth: “It is not lawful for a woman to travel for three days except with a mahram from her family,” in Ṣaḥīḥ Muslim 2:977. The mahram or husband is not compelled to go out with her, nor is she obligated to marry someone who will perform Ḥajj with her. See: Lubāb al-Manāsik, p. 62, and others.

This is due to him being a means by which she fulfils her Ḥajj, thus it is like the cost of buying a mount. See: al-Minḥah 2:194, and Sharḥ Ibn Malak q. 1/82.

Due to the obligation being fulfilled by both. Unlike someone immoral (fāsiq) or a Magian (Majūsī); because the immoral person would not protect her and the Magian believes in the permissibility of marrying her. See: Sharḥ Ibn Malak q. 1/82.

Due to their inability to protect the lady from harm (fitnah). Likewise the immoral (fāsiq) are not considered because they are dependable or safe. See: Hadiyyah p 163.

Ruling522

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A child or an insane person is not given legal weight; and the husband may prevent her, together with the maḥram, from supererogatory [travel] and [fulfilling] a vow—not from the obligatory [ḥajj].

From the editors

Footnotes

This refers to being free of disease that stops one from performing the Ḥajj. Good health is a condition of obligation (wujūb), as stated by the author of al-Baḥr. This is the ẓahir ar-riwāyah from Abū Ḥanīfa and a narration from the Ṣahibayn. It is also the madhhab of Mālik. Therefore, Ḥajj is not obligatory upon the blind, the crippled, the paralysed, the senile, the one with amputated legs, the sick, and the elderly who cannot stay on a mount.The second view is that it is a condition for the performance (adāʾ) of Ḥajj, as determined by Qāḍī Khān and chosen by many Mashāyikh, including Ibn al-Humām. It is the ẓahir ar-riwāyah from the Ṣaḥibayn and the narration of al-Ḥasan from Abū Ḥanīfa. It is also the madhhab of the Shāfiʾīs and the Ḥanbalīs. See: al-Badāʿiʾ 2:121, al-Maslak pp. 56-57, Radd al-Muḥtār 458:2, and al-Ḥajj wa al-ʿUmrah, p. 24.This difference is regarding those who own the required wealth but are unwell. As for someone who had the means when he was healthy, then they became too sick to perform Ḥajj, all agree that Ḥajj remains obligatory from their wealth. In this case, they must either perform Ḥajj immediately or leave a bequest (waṣiyyah). See: Lubāb al-Manāsik, p. 58, and others.

Ruling523

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Its [due] time is Shawwāl, Dhū al-Qaʿdah, and the first ten [days] of Dhū al-Ḥijjah; and entering iḥrām before Shawwāl is reprehensible (makrūh).

Ruling524

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Iḥrām is also a condition.

Ruling525

The pillars (arkān) of ḥajj are: standing at ʿArafāt.

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Ruling526

And ṭawāf al-ziyārah (the visitation circumambulation).

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Ruling527

Its obligatory acts (wājibāt): staying at Muzdalifah.

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Ruling528

And saʿy between al-Ṣafā and al-Marwah.

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Ruling529

And stoning the jamarāt.

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Ruling530

And shaving or shortening [the hair].

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Ruling531

And ṭawāf al-ṣadr (the farewell circumambulation).

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Ruling532

And the two rakʿahs of ṭawāf.

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Ruling533

Its sunnah acts: ṭawāf al-qudūm (arrival ṭawāf).

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Ruling534

And raml (brisk walking) therein.

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Ruling535

And harwalah (hurrying) in saʿy between the two green markers.

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Ruling536

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And overnight stay at Minā during the days of Minā.

Ruling537

And ʿumrah is an emphasised sunnah.

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Ruling538

Its pillar: ṭawāf.

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Ruling539

Its obligatory acts: saʿy.

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Ruling540

And shaving or shortening.

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Ruling541

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The mīqāt for iḥrām: for the Medinan—Dhū al-Ḥulayfah.

Ruling542

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And for the Iraqi—Dhāt ʿIrq.

Ruling543

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And for the Syrian—al-Juḥfah.

From the editors

Footnotes

Qāḍī Khān and others established this as a condition for performing (ʿadāʿ) rather than obligation (wujūb). However, the author of al-Badāʿiʾ and al-Sirājī have established that it is one of the conditions of the obligation of Ḥajj. See: al-Maslak (p. 63).

A maḥram is a person whom a woman is permanently prohibited from marrying due to kinship (qarābah), breastfeeding (raḍāʾ), or in-laws from marriage (muṣāharah), regardless of whether they are Muslim or a non-Muslim (kāfir), unless they are a Magian (Majūsī) or an immoral person (fāsiq) from whom fitnah (temptation) is feared, or a child or insane (majnūn) person. See: al-Muḥīṭ al-Burhānī (p. 32), Tabyīn al-Ḥaqāʾiq 62, Taqrīrāt al-Rāfi'ī (p. 157), and al-Badāʿiʾ (2:124).The Shāfiʿīs hold the view that if a woman finds two or more trustworthy women whom she trusts and feels safe with, it suffices as a substitute for a maḥram or husband in terms of the obligation of Ḥajj upon the woman. The Mālikīs say that if a woman cannot find a mahram or husband, even for a fee, she may travel for the obligatory Ḥajj or a vowed Ḥajj (nadhran) with a trustworthy group (al-rifqah al-maʾmūnah), provided that the woman herself is trustworthy, and the group are trustworthy women or righteous men.

Due to the ḥadīth: “It is not lawful for a woman to travel for three days except with a mahram from her family,” in Ṣaḥīḥ Muslim 2:977. The mahram or husband is not compelled to go out with her, nor is she obligated to marry someone who will perform Ḥajj with her. See: Lubāb al-Manāsik, p. 62, and others.

This is due to him being a means by which she fulfils her Ḥajj, thus it is like the cost of buying a mount. See: al-Minḥah 2:194, and Sharḥ Ibn Malak q. 1/82.

Ruling544

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And for the Najdī—Qarn.

Ruling545

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And for the Yemeni—Yalamlam.

Ruling546

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And for whoever comes from other than these places—[enter iḥrām] where [their route] aligns with one of them.

From the editors

Footnotes

i.e., the time for the actions and rites (manāsik) of Ḥajj are these months, due to His saying: {The Ḥajj (pilgrimage) is [during] well-known months} [al-Baqarah: 197]. This refers to the time of its actions and rites. Therefore, none of the obligatory (wājib), Sunnah (recommended), or mustaḥabb (preferred) actions of Ḥajj are valid before these months, except for iḥrām, which is permissible (jāʿiz) but prohibitively disliked (makrūh taḥrīmīyah), as in al-Durr al-Mukhtār 2:472. Allah said, {...The Ḥajj is [during] well-known months} [al-Baqarah: 197]. Given that iḥrām is a condition, not a pillar (rukn), it is permissible to perform it earlier. This is the view of the Ḥanafīs, Mālikīs, and Ḥanbalīs. According to the Shāfiʿīs, it is not permissible because it is considered a pillar (rukn). So, if someone enters into iḥrām before its time, it is considered an ʿumrah (minor pilgrimage). See: al-Wiqāyah, p. 248, al-Maslak, p. 87, al-Ḥajj wa al-'Umrah, p. 41, and others.

Ruling547

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Iḥrām from his homeland is better if he trusts himself to avoid its prohibitions.

Ruling548

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It is not permissible for these [people], when they intend entry into Makkah for ḥajj or otherwise, to delay iḥrām [by entering] beyond it.

Ruling549

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The people of these places and those nearer [than them]—their mīqāt is al-ḥill between them and the ḥaram.

Ruling550

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The Makkan’s mīqāt for ḥajj is the ḥaram; and for ʿumrah—al-ḥill.

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