Chapter [On obstruction (iḥṣār) and missed rites; ḥajj on behalf of another and hady] — Tuḥfat al-Mulūk

Ruling628

1 note

[For ḥajj on behalf of another and hady—] a muḥrim whom an enemy or illness blocks may perform taḥallūl (partial release); he sends a sheep to be slaughtered in the Sacred Precinct on a day he knows so that he performs taḥallūl after slaughter. The dam of iḥṣār is reckoned by [the sheep’s] reaching the ḥaram, not merely by the Day of Sacrifice—unlike the dam of tamattuʾ and qirān.

From the editors

Footnotes

i.e., when he finishes the Ṭawāf of al-Ifāḍah. He returns to Minā and prays Ẓuhr there. He should not stay overnight in Makkah or on the way. If he does stay overnight, it is disliked (makrūh), but there is no penalty upon him. The Sunnah is to stay overnight in Minā during the nights of the days of throwing.

The time for throwing (ramī) at the three Jamarāt on the second and third days of al-naḥr (the Days of Sacrifice) is after the zenith (zawāl), so it is not permissible before it, according to the most well-known (al-mashhūr) opinion. It was narrated from Abū Ḥanīfa that it is permissible (jaʿiz) to throw (al-ramī) in both (the second and third days) before the zenith (zawāl), but it is better (afḍal) to throw after the zenith on both days. See Lubāb al-Manāsik, pg. 262-267

The twelfth of the month is the first day of leaving (Yawm al-Nafar al-Awwal). After pelting (ramī) on this day, one can depart from Minā to Mecca. This is permissible (jāyiz) without dislike (karāhah) and throwing on the fourth day is not required. However, it is preferred (afḍal) to stay and throw on the fourth day, as Allah says: {Whoever stays on, there is no sin on him, if his aim is to do good and obey Allāh} [al-Baqarah: 203]. If he does not leave before sunset on the 12th, it is disliked (makrūh) to depart without pelting on the fourth day. If he leaves before Fajr of the 13th, there is no penalty, but it is considered wrong (isāʿah). Departing after Fajr without pelting requires a sacrificial offering (dam). On the 13th, or the fourth day, one pelts the jamarāt after Zawāl. Doing so before zawāl is makrūh. If someone does not pelt until Maghreb of the 13th, they owe a sacrificial offering (dam). See: Lubāb al-Manāsik p 270, and al-Jāmiʾ p 237-238.

Ruling629

1 note

One blocked from ḥajj who performs taḥallūl owes [making up] a ḥajj and an ʿumrah; one blocked from ʿumrah owes qaḍāʾ of ʿumrah; on the qirān pilgrim [fall] a ḥajj and two ʿumrahs.

Ruling630

If the obstruction lifts before slaughter, [then] if he can catch up with the hady and ḥajj he must head [for them]; otherwise not.

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Ruling631

Whoever was able [to accomplish] standing [at ʿArafah ]and ṭawāf, or was barred only after standing, is not termed muḥṣar.

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Ruling632

1 note

Whoever misses standing [at ʿArafah ]until dawn breaks on the Day of Sacrifice has missed ḥajj outright; he performs taḥallūl as for an ʿumrah, owes qaḍāʾ ḥajj, and no dam falls due upon him.

From the editors

Footnotes

That is, she can cover her head. She should not cover her face with something that touches it. However, it is recommended (mustaḥabb) for her to cover it with something that does not touch her skin (mutajāf). It was narrated from Ibn ʿUmar that the Messenger ﷺ said: "The iḥrām of a woman is in her face," in Sunan al-Bayhaqī al-Kabīr 5:47, and Sunan al-Dāraquṭnī 2:294.Shams al-Aʿimmah al-Sarakhsī said in al-Mabṣūṭ 4:128, “There is no harm in her letting down her khimār over her face from above her head, in a way that does not touch her face; because covering the face only occurs with what touches the face, not by what does not touch it. So, this is similar to her entering under a roof.” Others said that the recommended (mustaḥabb) method in iḥrām is for her to let down something over her face and keep it away from it. They even made sticks for this purpose, like a dome, that are placed on the face, and the cloth is draped over it.” In Sharḥ al-Ṭaḥāwī, “The preferred (awlā) is to uncover her face.” But in al-Nihāyah, “Covering is more obligatory (awjab),” as in Fatḥ al-Qadīr 2:512, and al-Shurunbulāliyyah 1:234, and Majmaʾ al-Anhur 1:285.

Ruling633

1 note

ʿUmrah does not lapse [irrecoverably] as ḥajj does; it is permissible at every time except the Day of ʿArafah, the Day of Sacrifice, and the days of tashrīq—it is recommended (sunnah).

From the editors

Footnotes

Know that, according to Ahl al-Sunnah wa al-Jama’ah, a person can dedicate the reward of their deeds to another, whether it is prayer, fasting, Hajj, charity, reciting the Qur’an, or any other good deeds. These rewards reach and benefit the deceased. The Mu’tazilites, however, say that one cannot do this, and the reward does not reach or benefit the deceased. Imām al-Shafi’i and Imām Malik hold that this is permissible for acts of charity and financial acts of worship like Hajj, but not for other acts of worship such as prayer, fasting, or reciting the Qur’an.This is established by multiple evidences from the Sunnah: It was narrated from Ibn ʿUmar, the Messenger said, ‘The best of righteousness (birr) is that a man maintains ties with the friends of his father,’ found in Sunan al-Tirmidhī 4:313, and he authenticated it (ṣaḥḥahu), and Musnad Aḥmad 2:97, and Ṣaḥīḥ Ibn Ḥibbān 2:173. It was narrated from ʿAlī ibn Abī Ṭālib, who said, ‘Whoever passes by graves and recites “Qul huwallāhu aḥad” eleven times, then dedicates its reward to the dead, will be given a reward for each of the deceased,’ in Faḍāʿil Sūrat al-Ikhlāṣ, p. 102, and al-Tadhkirah by al-Qurṭubī 841. See also: Tuḥfat al-Aḥwadhī 3:275, Kanz al-ʿUmmāl 15:1018. It was narrated from Maʿqil ibn Yasār, who said, ‘Recite (the Qurʾān) over your dead,’ in Sunan Abī Dāwūd 2:208, Musnad Aḥmad 5:265, Ṣaḥīḥ Ibn Ḥibbān 7:269, Sunan al-Nasā'ī al-Kubrá 2:656, Sunan al-Bayhaqī al-Kabīr 3:383, al-Mu'jam al-Kabīr 20:219, and Musnad al-Ṭayālisī 1:126. From Abū Hurayrah, ‘The Prophet (ﷺ) would, when he intended to sacrifice (uḍḥiya), buy two large, white rams with horns. He would sacrifice one on behalf of his ummah (nation) who testified to tawḥīd (monotheism) and bore witness to his message, and he would sacrifice the other on behalf of Muḥammad and the family of Muḥammad,' in Musnad Aḥmad 6:225, al-Mustadrak 2:425, and he authenticated it (ṣaḥīḥ), and Sunan al-Dāraquṭnī 2:854, al-Muʿjam al-Kabīr 1:311, al-Muʿjam al-Awṣaṭ 2:250, Musnad Abī Yaʿlā 11:3, and others. al-ʿAynī said in al-Minḥah 2:241, ‘Meaning, he intended its reward for his ummah.’

Ruling634

1 note

Representation (niyābah) fully suffices for voluntary ḥajj [anytime ]; for obligatory ḥajj [representation works ]only [under ]permanent incapacity lasting until death.

Ruling635

1 note

The qirān dam falls on the proxy [the one commissioned].

Ruling636

The iḥṣār dam is upon the one who commissioned [the ḥajj].

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Ruling637

1 note

Hady is from camels, cattle, and sheep; defect bars [acceptance], as with the uḍḥiyyah.

Ruling638

1 note

It is permissible specifically to eat from voluntary-offering, tamattuʾ, and qirān hady.

Ruling639

The tamattuʾ and qirān dam becomes due specifically by the Day of Sacrifice.

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Ruling640

1 note

Giving them out in charity to the poor of the ḥaram and others is permissible.

From the editors

Footnotes

The Messenger of Allah ﷺ performed Qirān (combined Hajj and 'Umrah); it was narrated from Anas, who said, “I heard The Messenger of Allah (ﷺ) say: ‘Labbayk (Here I am, O Allah ), for 'Umrah and Ḥajj (pilgrimage),’” in Ṣaḥīḥ Muslim 2:905.

That is, it is obligatory (wājib) upon the one performing Qirān and the one performing Tamattuʾ to offer a sacrifice (hady) as an act of gratitude (shukr) for being granted by Allah , the Exalted, the ability to combine the two pilgrames (al-nuskayn) in the months of Hajj with one journey. The minimum requirement for the sacrifice is a sheep (shāh), and anything greater is better (afḍal). It is preferred for them to bring their sacrificial animal with them, and each of them is allowed to eat from their sacrifice and feed whomever they wish, whether rich or poor. It is recommended (mustaḥabb) to give one-third in charity (ṣadaqah), feed one-third, and save one-third, or to gift one-third. It is not obligatory to give any of it in charity, as mentioned in al-Wiqāyah (p. 259) and al-Jāmi' (p. 246).

If the one performing Qirān or Tamattuʾ is unable to offer a sacrificial animal (hady), because they do not possess anything beyond their basic needs to purchase the sacrifice (dam), or they do not have an animal in their possession, it becomes obligatory (wājib) upon them to fast for ten days: three days before Hajj and seven days after it. Allah , the Exalted, said: {Fasting for three days within the Hajj and seven when you have returned [home] – that is ten complete [days].} [al-Baqarah: 196]It is recommended (mustaḥabb) to fast the three days consecutively, with the last day being the Day of ʿArafah (Yawm 'Arafah), i.e., the seventh, eighth, and ninth days (of Dhū al-Ḥijjah); because fasting is a substitute for the sacrificial animal, so it is recommended to delay it until the end of its prescribed time, hoping that they may be able to offer the original sacrifice. Consecutive fasting is not obligatory for the three days or the seven days, but it is recommended. It is permissible to fast the seven days in Makkah, but it is preferred (afḍal) to fast them after returning to their families. See: Majmaʾ al-Anhur 1:288-291, 296, and Lubāb al-Manāsik, p. 288.

High Level Overview: Consequences of Violations in Ḥajj

Examples of limbs include the head, thigh, or lower leg. This is because the violation is complete with a complete benefit. This is in the case when applied to a complete limb. See: Minḥat al-Sulūk 2:225.

He owes two sacrifices because the paste is considered a perfume and he has covered his head, thus it is two violations. See: al-Hidāyah, p. 173.

i.e., if they apply oil that is not perfume, like pure oil or pure clarified butter, then they are liable for a dam. If they use a small amount, they are liable for a sadaqah. This applies if it is used as perfume. However, if it is used for medicinal purposes or for eating, there is no liability upon them. See: Sharḥ al-Wiqāyah, p. 263, and Lubāb al-Manāsik, pp. 353-360.

i.e., for a whole day or a whole night, they are liable for a dam; because the full benefit from it is only achieved through continuous use; because its purpose is to protect from heat and cold, and the day encompasses both, so we have determined it based on the day. See: al-Minḥah 2:226.

By calculating the proportion of what he has cut from a quarter of his beard. If it is equal to a quarter of the beard, then the payment is due in food. If he takes 1/16th of the beard, then he is liable for a quarter of a dam (blood sacrifice). See: Minḥat al-Sulūk 2:226

The author meant by a ‘quarter of them’ all the nails of one hand, or one foot; because each of them is a quarter of the total of the hands and feet, and a quarter is considered like the whole. If one trims the nails of three fingers of one hand, he is liable for one and a half ṣāʾ; because for each finger, half a ṣā' is due. (See: al-Manḥah, p. 173)

This is due to the difference in the sitting (majlis), so it is like separate acts of wearing (al-labs) or applying perfume (al-taṭayyub). This is according to Abū Ḥanīfa and Abū Yūsuf. According to Muḥammad, it is one dam; because the penalties collide due to the same penaly. This is similar to the expiation (kaffārah) for breaking the fast (al-fiṭr). See: al-Minḥah, p. 173, and Sharḥ Ibn Mālik q. 87/B

Excuses include fever, severe cold, injury, anxiousness or worry (ghamm), headache, migraine, and lice. It is not a condition for the ailment to be continuous or for him to be unable to endure it until the end of the rites. Rather, the mere existence of the ailment with tiredness and hardship permits the violation. However, mistakes (khaṭaʾ), forgetfulness (nisyān), unconsciousness, coercion (ikrāh), sleeping (nawm), and inability to fulfil the expiation (kaffārah) are not excuses that permit violations of iḥrām. See: al-Jāmiʾ, pp. 291-292.

Due to Allah’sstatement: {Whoever is ill or has an ailment in his scalp (necessitating shaving), he must pay a fidyah of either observing Saum (fasts) (three days) or giving Sadaqah (charity - feeding six poor persons) or offering sacrifice (one sheep).} [al-Baqarah: 196].

That is, if it is before standing at ʿArafāt, his Ḥajj is invalidated, and he is obligated to offer a sheep. He must continue with the Ḥajj, performing all the rituals of a valid Ḥajj and avoiding the prohibitions. If he violates any restrictions, the same consequences apply as for a valid Ḥajj. He must also make up the Hajj in the following year, but there is no ʿUmrah due.

Meaning they do not need to take a different route from the other. They are not obligated to do so because separation is not a pillar (rukn) in the performance of the Ḥajj, and therefore, it is not required in the qaḍāʾ (making up). See: Fatḥ Bāb al-ʿInāyah 1:702.

That is, if it is after the standing at ʿArafah, before the shaving (ḥalq) and before the entirety of the Ṭawāf az-Ziyārah. Or after completing the minimum amount of the Ṭawāf az-Ziyārah, their Ḥajj is not invalidated, but they are liable to sacrifice a female camel. Regardless, of whether the intercourse was intentional (ʿāmidan) or unintentional (nāsiyan).

As the crime being less severe as the other prohibitions of iḥrām are lifted.

Due to ritual purity (ṭahārah) from both major and minor ritual impurity being obligatory (wājib) in ṭawāf. The penalty varies according to the severity of the offense. Allah said, {Let them perform Ṭawāf around the Ancient House.} [al-Ḥajj: 29], without specifying ritual purity (ṭahārah). See: Fatḥ Bāb al-'Ināyah 1:694

Due to their completing the majority of the ṭawāf, which is the farḍ amount, the remainder is obligatory (wājib).

That is, if they shave outside the Ḥaram during the Days of Sacrifice. But if they shave their head outside the Days of Sacrifice and shave outside the Ḥaram, they are liable for two dams (blood sacrifices), according to Abū Ḥanīfa. See: Minḥat al-Sulūk 2:231.

Game (Ṣayd): Refers to an animal that is naturally wild and difficult to catch. It is considered land-based if it breeds and lives on land, and water-based if it lives in water. The former is forbidden for a person in the state of iḥrām. See: Minḥat as-Sulūk.

Due to the verse, “O you who believe, do not kill game when you are in IHrām (state of consecration for Hajj or ‘Umrah). If someone from among you kills it deliberately, then compensation (will be required) from cattle equal to what one has killed, according to the judgement of two just men from among you, as an offering due to reach the Ka’bah, or an expiation, that is, to feed the poor, or its equal in fasts, so that he may taste the punishment of what he did. Allah has forgiven what has passed, but whoever does it again, Allah shall subject him to retribution. Allah is Mighty, Lord of Retribution.” Al-Māʾidah:95

If someone injures an animal, tears its hair, or amputates a limb, they are liable for the resulting decrease in the animal’s value if any lasting effects remain after recovery. If the animal dies from the injury, they are liable for the full value of the animal. However, if the animal fully recovers without any long-term effects, they owe nothing. See: Hadiyyat as-Ṣaʿalūk p. 176.

For example, if the animal then runs and it trips and dies, or is caught by a predator, or crashes into a tree or rock during its flight, they are responsible for it. The responsibility continues until the animal returns to its normal calm state. If it dies after calming down, there is no liability. See: Lubāb al-Manāsik, p. 401.

If someone breaks an egg of a hunted animal, they must pay for the value of the egg. If the egg is rotten, there is no liability because its value is not in itself but in the potential to become a hunted animal, which is not possible with a rotten egg. If a dead chick comes out of the egg, they must pay for the value of the chick as if it were alive, and there is no liability for the egg. This is stated in Radd al-Muḥtār 2:216.

Due to the verse 2:196, Allah permitted the shaving of the head when faced with a head ailment but mandated expiation. Likewise, the hunting of game is permissible in dire necessity but requires expiation. See: Minḥat as-Sulūk 2:234.

Like chickens, sheep, cows and so on…

This is because they are naturally wild animals, and their domestication is transient, which does not nullify their original status. This is different from a runaway camel, which is not considered prey with respect to a person in iḥrām, but it is treated as prey with respect to slaughtering. Thus, it is not considered game for the muḥrim but it is considered game with regards to the rules of slaughter. See: al-Minḥah 2:235.

Because the liability is compensation for the item, not a penalty for the act, it remains singular due to the singularity of the item. This is different from two people killing a game animal while in a state of iḥrām; each must pay a full penalty because both have committed a prohibited act, so the penalties multiply with the offenses. See: Hadiyat al-Saʿaluk, p. 179.

Because selling if alive is like selling game and selling it after killing is selling carrion. This is different if one sells the milk or eggs of the game, or locusts, or trees from the Ḥaram, as these do not require ritual slaughter. See: Minhah al-Suluk 2: 237.

Because their initiation (shuru') was for both Hajj and 'Umrah, upon exiting the state of iḥrām (taḥallul), they are obligated to make up both, as well as another 'Umrah. See: al-Minḥah 2:239.

Meaning he cannot release himself from iḥrām with the sacrifice, because he can perform the primary obligation before fulfilling the substitute action, and he may do as he wishes with the sacrificial animal. His statement: “Otherwise, they do not proceed,” means that if he cannot perform Hajj but can reach the sacrificial animal, he is not obligated to proceed. “If he proceeds to perform the actions of ʿUmrah to release himself from iḥrām, it is permissible” because it has a benefit and this exempts him from making up the ʿUmrah later.

Because if they are unable to perform the wuquf but are able to perform ṭawāf, they are considered to have missed Hajj, so they exit iḥrām with an ʿUmrah. The dam (blood sacrifice) is a substitute for the ʿUmrah when exiting iḥrām, so there is no need for the hady (sacrificial animal) in this case.As for the case where they are prevented after the wuquf, it is because the ruling of iḥṣār (prevention) is established when there is fear of missing the ritual, but after the wuquf, there is no fear of missing it. However, they remain in iḥrām until they perform Ṭawāf al-Ziyārah and shave their head. See: Sharḥ Ibn Mālik q. 90/B.

ʿUmrah cannot be missed because its time is the entire year, except that it is prohibitively disliked (makrūh taḥrīman) to initiate its iḥrām during the five days of Hajj. However, if one performs it with a prior iḥrām, there is no problem. See: al-Jāmiʾ p. 267.

Know that, according to Ahl al-Sunnah wa al-Jama’ah, a person can dedicate the reward of their deeds to another, whether it is prayer, fasting, Hajj, charity, reciting the Qur’an, or any other good deeds. These rewards reach and benefit the deceased. The Mu’tazilites, however, say that one cannot do this, and the reward does not reach or benefit the deceased. Imām al-Shafi’i and Imām Malik hold that this is permissible for acts of charity and financial acts of worship like Hajj, but not for other acts of worship such as prayer, fasting, or reciting the Qur’an.This is established by multiple evidences from the Sunnah: It was narrated from Ibn ʿUmar, the Messenger said, ‘The best of righteousness (birr) is that a man maintains ties with the friends of his father,’ found in Sunan al-Tirmidhī 4:313, and he authenticated it (ṣaḥḥahu), and Musnad Aḥmad 2:97, and Ṣaḥīḥ Ibn Ḥibbān 2:173. It was narrated from ʿAlī ibn Abī Ṭālib, who said, ‘Whoever passes by graves and recites “Qul huwallāhu aḥad” eleven times, then dedicates its reward to the dead, will be given a reward for each of the deceased,’ in Faḍāʿil Sūrat al-Ikhlāṣ, p. 102, and al-Tadhkirah by al-Qurṭubī 841. See also: Tuḥfat al-Aḥwadhī 3:275, Kanz al-ʿUmmāl 15:1018. It was narrated from Maʿqil ibn Yasār, who said, ‘Recite (the Qurʾān) over your dead,’ in Sunan Abī Dāwūd 2:208, Musnad Aḥmad 5:265, Ṣaḥīḥ Ibn Ḥibbān 7:269, Sunan al-Nasā'ī al-Kubrá 2:656, Sunan al-Bayhaqī al-Kabīr 3:383, al-Mu'jam al-Kabīr 20:219, and Musnad al-Ṭayālisī 1:126. From Abū Hurayrah, ‘The Prophet (ﷺ) would, when he intended to sacrifice (uḍḥiya), buy two large, white rams with horns. He would sacrifice one on behalf of his ummah (nation) who testified to tawḥīd (monotheism) and bore witness to his message, and he would sacrifice the other on behalf of Muḥammad and the family of Muḥammad,' in Musnad Aḥmad 6:225, al-Mustadrak 2:425, and he authenticated it (ṣaḥīḥ), and Sunan al-Dāraquṭnī 2:854, al-Muʿjam al-Kabīr 1:311, al-Muʿjam al-Awṣaṭ 2:250, Musnad Abī Yaʿlā 11:3, and others. al-ʿAynī said in al-Minḥah 2:241, ‘Meaning, he intended its reward for his ummah.’

Disability (al-ʿajz) is established by death, imprisonment, prevention, illness that is not expected to be cured, loss of sight, severe frailty of old age, lack of a mahram (relative who can accompany a woman on a journey), and lack of a safe route. All of these are considered if they persist until death.

The wājib of gratitude is upon the one whom Allah has blessed by enabling them to combine the two rituals (Hajj and ʿUmrah). The one who is commanded to perform Hajj (al-maʾmūr) is the one who receives the blessing. See: al-Minḥah 2:242

The one who commanded is the one who put the other person in this predicament, so it is upon them to free them from it. See: al-Hidāyah, p. 181

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