Volume - IX / CHAPTER - 1 / LESSON NO: 34
MISCELLANEOUS REGULATIONS OF HAJJ & 'UMRAH
Q.1: What Kaffaarah should one pay if a culpable act occurs during the performane of Hajj and 'Umrah?
A. Kaffaarah for an offence if occurs during the performance of Hajj and 'Umrah becomes due according to the nature of the offence. Some culpable acts make "Badnah" (to slaughter a camel or cow on the land of Haram) due as Kaffaarah and some offences make "Dam" (to slaughter a sheep or goat) due. In some cases only a quantity of some commodity equal to Sadqatul Fitr becomes due and in some cases even less than it. The detail of such regulations is not possible to be included in this short book for which voluminious books or the religious scholars of Ahle Sunnat may be consulted. However, two points be kept in mind:
1. A culpable act for which "Dam" is due, if occurs due to sickness or severe heat or chilling cold or wound or blisters/boils or the molestation by lice, is an unintentional offence. In such cases it is optional for the delinquent one to either pay Sadaqah to six indigent,poor each or to observe three fasts and in case the offence carries the penalty of Sadaqah and was committed under duress then the delinquent can opt for observance of a fast in lieu of Sadaqah.
2. The penalty of Kaffaarah is aimed at purifying the worship if affected by an offence committed by mistake or under duress or occured during sleep. Committing a culpable act deliberately during the observance of worship saying that I will pay Kaffaarah will make Kaffaarah necessarily due. But defying the command of Allah Almighty is a grave sin. May Allah protect us.
Q.2: Is it lawful or not for "Mahram" to patch up Ehraam?
A. The pilgrim should avoid wearing sewn garment. However, it is permissible under valid excuse.
Q.3: Is it lawful or not for a woman to go for Hajj?
A. Hajj is equally compulsory for man and woman who is in possession of the requisite money, means and strength. The one who does not perform Hajj despite the facility is deserving of Hell-fire. However, a woman can not undertake journey for Hajj without her husband or "Mahram" (close relative to whom she can not be married). Undertaking journey for the purpose with a pious and God-fearing woman is not correct in Imaam-e-'Azam's view. If she leaves for Hajj without Mahram and performs it, her obligation will be deemed to have been fulfilled. But her Hajj will be Makrooh (odious) and she shall incur a sin on every step to [the gigantic distance of] holy Makkah and Madinah and back for travelling without Mahram. This rule is equally applicable to young and old woman.
Q.4: What should one do whose parents are in debt and prevent him from performing obligatory Hajj?
A. The one who is in possession of the requisite money, means and strength is not required to seek his parents' permission for the performance of obligatory Hajj. His parents have no right to forbid him. He must go and perform Hajj despite their forbidding. Being in debt of one's parents does not allow one to forgo Hajj if it is obligatory Hajj.
Q.5: Can a blanket or some other thick cloth/sheet be put over Ehraam in the winter?
A. It is permissible to put blanket or woolen sheet or some other unsewn cloths, they may be even more than one, over Ehraam and even can be laid as bed and put over oneself for sleep leaving the face uncovered in the winter.
Q.6: What are "Hajj-e-Asghar" and "Hajj-e-Akbar"?
A. 'Umrah is called Hajj-e-Asghar, for, some ceremonies and rites of Hajj like Tawaaf and Sa'ee etc. are performed. As against it the Hajj in which the ceremonies and rites of Wuquf-e-'Arafah, Wuquf-e-Muzdalifah and Minaa, besides Tawaaf and Sa'ee, are observed, is called Hajj-e-Akbar.
Q.7: Is it also Hajj-e-Akbar or not if 9th of Zilhijj (Wuquf-e-'Arafah) falls on a Friday?
A. On whatever day the Wuquf-e-'Arafah may fall, the Hajj will remain Hajj-e-Akbar not 'Umrah which is called Hajj-e-Asghar. But if, by luck, the 9th of Zilhijj falls on a Friday, it is, indeed, good fortune as it will enhance the dignity of the Hajj. Besides, it will also provide an opportunity to the pilgrims to earn even more blessings by observing yet another Sunnat of the Holy Prophet as his "Hajjatul Wada" (last/farewell Hajj) took place on Friday. There is in a narrative that the Hajj which takes place on Friday carries the reward equivalent to seventy Hajjs. This is also a great excellence. Friday is the day of 'Eid for Muslims and 'Arafah is also 'Eid day. If two 'Eids fall on a day that is, undoubtedly, a wonderful thing and blessing upon blessing. Once a jew said to Hadrat Ibne 'Abbaas (may Allah be pleased with him) that if the Quranic verse: "Al-yauma Akmaltu Lakum Deenakum wa Atmamtu 'Alaiekum Ne'matee wa Radeetu Lakumul Islaama Deenaa" (I have, this day, perfected your religion for you and completed My favour upon you and have chosen Islaam as religion for you) had been sent down for us, we would have celebrated 'Eid on that day. Hadrat Ibne 'Abbaas told the jew that two Eids were combined on the day this verse descended i.e. Jumu'ah and 'Arafah. So we did not need celebrate 'Eid on that day. Friday and 'Arafah (9th of Zilhijj) are the days of Eid for believers and the day the Quranic verse in question was sent down was Friday as well as 'Arafah (meaning Friday and 'Arafah were combined on a day).
Perhaps, general masses call Hajj that falls on Friday as Hajj-e-Akbar because of these double festivity and multiple graces.
Q.8: What are the conditions of performing Hajj on behalf of someone else?
A. There are many conditions of performance of obligatory Hajj by one on behalf of someone else so that he becomes free of the obligation of Hajj for which voluminous books may be consulted. However, the main condition for the validity of the obligatory Hajj an affluent person gets performed by someone else appointing him his attorney/representative because of some disability or duress, is that the person on whom Hajj is compulsory remains in grip of disability or duress, as the case may be till his last age. If it is ever removed after the representative Hajj and he becomes able to perform Hajj by himself then the Hajj(s) he got performed on his behalf will stand cancelled in term of obligatory nature (Fard), he will earn reward of Nafil Hajj(s) and he will have to perform Hajj by himself to acquit well with the obligation.
Q.9: Is it correct or not to designate one for performing Hajj on behalf of a dead from holy Makkah?
A. Such representative Hajj(s) can not fulfill the bligation, for Hajj is the composite of the worship done by the body and worship done by money. If somebody for whom the Hajj had become obligatory died, (God forbid!) without fulfilling the obligation is now divested of the worship by body. It is, indeed, the grace of Allah Almighty that He accepts the Hajj performed on behalf of a dead who made a will for the representative Hajj before his death. He is so gracious that He accepts even that Hajj of a dead which is performed by his heirs/relatives without his will. Well, the one who performs Hajj on behalf of a dead should proceed for the purpose from the very city/town where the deceased lived. Designating someone from holy Makkah for the representative Hajj will not serve the purpose. As for reward, Allah Almighty is the Most Affectionate and Most Merciful. He will surely bless His dead servant on whose behalf the Hajj is performed. Unfortunately, the performers of Hajj take payment for performing Hajj on behalf of a dead. The worship done against payment deprives it of "Sawaab" (reward,goodness) when the performer himself is stripped of reward then how can he convey the reward to the dead particularly those professional ones who obtain payments from several persons for the performance of Hajj on behalf of their deceased relatives. May Allah Almighty guide Muslims into the straight path - Aameen.
Q. 10: Is it lawful or not for the one on whom sacrifice of an animal is due for gratefullness or for committing any culpable act, to either give price of an animal as charity or slaughter an animal in his motherland or anywhere outside the Haram?
A. Neither suggestion is lawful, for, sacrifice of animal in the case requires the pilgrim to slaughter animal by his own hand in Haram for the sake of Allah. So giving price of the animal as charity will not fullfill the obligation like the Waajib of Eidul Adha i.e. if the one on whom the sacrifice of animal on Eidul Adha is due, gives price of the animal as charity instead of slaughtering an animal, will not be relieved of the obligation. Similarly, sacrificing even thousands of animals in one's own country for the purpose will not clear him of the due. The land of Haram is prerequisite for the sacrifice.
Q. 11: Is Hajj due or not on the one who has surplus money, earned through fair and unfair means, to his family needs?
A. If one has never been in possession of enough honest earnings to perform Hajj, although he has millions of rupees of bribe with him, Hajj will not be due on him as the bribe money is the "usurped wealth" and thus he is not its owner. And in case he has or had ever had enough honest earnings then Hajj will be compulsory on him. Spending bribe money on it is Haraam (unlawful), but the "Fard" (obligation) will stand annulled,dropped nevertheless. Hajj performed with ill-gotten money is not accepted. There is in a Hadees that when the pilgrim who performs Hajj with the illegitimate earnings, says: "Labbaiek" an angel responds to him thus: neither your presence here is acceptable nor your service is acceptable and your Hajj curses you unless you return the unlawful wealth,property you are in possession of. A wayout for such person is that he should borrow money for Hajj and pay off the loan by earning livelihood through fair means. If it is repaid, well and good otherwise there is in a Hadees that repayment of the loan taken for Hajj or Jehaad (holy war) or "Nikah" (marriage) rests with Allah Almighty. If he does not heed the honest earnings and pays off the loan from the ill-gotten wealth, it is one sin and non-performance of the obligatory Hajj would be another sin for him.
Thus the Hajj saved him from one sin which is, indeed, a blessing.
Q. 12: Does the performance of Tawaaf etc. earns a believer reward in every season or only during the season of Hajj?
A. The reward of doing virtuous deeds within the precinct of Haram is not conditional with Hajj but is because of the sanctity and greatness of the sacred land of Haram. A virtue done in Haram earns the doer 100,000-fold reward in every season irrespective of Hajj's. However, the Tawaaf of an obligatory Hajj has its own significance, for, no other worship/good deed can match the "Fard" (obligation). The Tawaaf of 'Umrah also carries great blessings particularly if it is observed during the holy month of Ramadaan which is even greater than the Tawaaf observed during Zilhij. The Holy Prophet said in this respect: "the performance of 'Umrah during the sacred month of Ramadaan is like performing Hajj in my company."
Q.13: Should a believer go first to holy Madinah on way to Hajj or go direct to holy Makkah?
A. The religious scholars say that visiting the hallowed tomb of the Holy Prophet prior to performance of Hajj is like offering two Rak'at Sunnat of Fajr prayer before Fard.
Paying the kind and merciful Prophet a visit will arrange for the acceptance of this Hajj. And visiting the holy tomb after Hajj is like offering post-Fard Sunnats of Maghrib prayer. The Hajj performed, being free from shortcomings and every sin, will enable him to earn the blessings of the visit. In case, the pilgrims find holy Madinah on their way to holy Makkah, like the pilgrims coming from Syria, should first pay the Holy Prophet a visit before performing Hajj. Proceeding on for Hajj without visiting the Holy Prophet is against the decency and esteem which believers owe him.