(0.1) All praise belongs to Allah. There is none worthy of worship but Him; it is He who gives and it is He who sustains. Peace be upon His final messenger who was the most thankful servant of Allah and generous to those around him. Blessings be upon his companions who followed in his footsteps.
(0.2) This is a summary of the law of Hajj in accordance to the Hanafi school. In it I gathered only the preponderant views using Nuqayah as the base and where necessary supplemented it with the other reliable mutun namely Quduri, Wiqayah, Bidayat, Kanz, Multaqat, Majma’ and Tuhfah.
(1.2) [Hajj1 is] fard upon (1) every person who is (a) free, (b) Muslim, (c) Mukallaf (adult and sane), (d) medically fit and (e) non-blind. (2) They must have had (a) expense and travel provisions in excess of their base needs and familial cost till their return, (b) safe passage and (c) for a woman a husband or mahram if between her and Makkah there is a distance of three days’ journey.
(1.3) (1) [Hajj is fard] (a) once in a lifetime and (b) without delay. (2) The fard is not fulfilled If one enters ihram [in the state of being] (a) a child but then reaches puberty or (b) a slave but then becomes free. (3) If the ihram is renewed for the fard, it will be valid for the child but not for the slave.
(1.4) (1) The fard [acts of Hajj] are (a) Ihram, (b) waiting in ‘Arafah, and (c) Tawaf Ziyarat. (2) The wajib [acts of Hajj] are (a) waiting in Muzdalifah, (b) Sa’i between Safa and Marwah, (c) Rami Jimar, (d) Tawaf Sadr for a visitor. (3) [Other than the mentioned fard and wajib], the rest are sunnah and etiquettes.
(1.5) (1) The months [of Hajj] are Shawwal, Zul Qa’dah and the ten days of Zul Hijjah. (2) It is makruh to enter ihram for [Hajj] before [the months of Hajj].
(1.6) (1) Umrah is Sunnah. (2) [The fard acts of umrah] are (a) tawaf and (b) Sa’i. (3) It is permissible [to perform umrah] every year. (4) [Umrah] is makruh on the day of Arafah and the four days after it.
(2.1) (1) The miqat for the people of (a) Madinah is Zul Hulayfah, (b) Iraq is Zat ‘Irq, (c) Sham is Juhfah, (d) Najd is Qarn, and (e) Yemen is Yalamlam. (2) [(a) Afaq is the area outside the miqat]. (b) It is prohibited to delay the ihram beyond [the miqat] for those [coming from the afaq] intending to enter Makkah. (c) It not [prohibited] to [wear ihram in] advance. (3) [(a) The hill is the area between the miqat and the haram]. (b) It is permissible for those who live within [the hill] to enter Makkah without being in the state of ihram2. (c) The miqat [of those who live within the hill] is the hill3. (4) [(a) The haram is the extended area surrounding the ka’bah.] (b) The miqat for those in Makkah (i) for hajj is the haram and (ii) for umrah is the hill.
(2.2) Before initiating the Ihram for Hajj, (1) [it is preferable] (a) to do wudu though ghusl is better, (b) wear a clean top and bottom, (c) put on perfume and (d) pray two raka’at of salah. (2) A person doing hajj only (mufrid) will say ‘Allahumma Inni Urid al-Hajja fa Yassirhu li’4. (3) Then (a) say (i) the talbiyah and (ii) make the intention for hajj along with [the talbiyah]. (b) The [talbiyah] (a) is ‘Labbayka Allahumma Labbayk. Labbayka La Sharika Laka Labbayk. Innal Hamda wan Ni’mata Laka wal Mulk. La Shirika Lak’. (b) It cannot be shortened (i) but if increased, it is permissible. (c) Thereafter, one will be in the state of ihram.
(2.3) [In the state of ihram], refrain from (1) sexual acts, (2) transgression5, and (3) arguments. (4) [Refrain from] (i) killing land-based game, (ii) indicating to it or (iii) directing towards it. [Refrain from] (5) putting on perfume, (6) cutting the nails, (7) covering the (i) face or (ii) the head. [Hence, refrain from] (8) washing the (i) head or (ii) beard with althaea, (9) cutting [the beard], (10) shaving the head, (11) wearing (i) stitched clothing, or (ii) a turban. (12) [Refrain from wearing] coloured clothing which is scented except after [the scent] disappears. [In the state of ihram], one need not refrain from (13) bathing, (14) seeking shade in a house or howdah, or (15) tying a belt in between.
(2.4) Increase talbiyah when you (a) pray salah, (b) go up a high-rise, (c) go down a valley, (d) meet others6, or (e) when the night comes.
(3.1) (1) When one enters Makkah, start from the masjid. (2) Upon seeing the house, (a) say takbir, (b) tahlil7 and (c) do dua.
(3.2) Then (1) [if able to] face the black stone, (a) say the takbir, (b) tahlil, (c) raise both hands as if in salah and touch it If possible without harming others or else touch something which is in the hand and kiss it. (2) If unable to face the stone, (a) say takbir, (b) tahlil, (c) praise Allah and (d) send salutation upon the prophet (peace be upon him).
(3.3) Do tawaf (1) upon arrival and this8 is Sunnah for an afaqi (a person who is not a resident of Makkah). (2) [Tawaf is to head] (a) right with the door being adjacent [to your left], [going towards and] (b) around9 the Hatim10, and (c) [completing] seven circuits. (3) Do raml (strut) in the first three [circuits] with idtiba’ (vis. cloth under the right arm but over the left). (9) Each time you go pass the black stone (a) do as mentioned [in para 4]. (b) [Similarly], to touch the rukn yamani [without kissing it each round] is preferable. (10) Finish the tawaf with istilam (touch and kiss) of the black stone.
(3.4) Thereafter, pray (a) two raka’ah salah which is wajib after every tawaf (b) behind Maqam Ibrahim.
(4) Thereafter, (1) [before doing sa’i] (a) return and do Istilam of the black stone and (b) then exit. (2) (a) climb mount Safa, (b) face the Qibla, (c) say the takbir, (d) tahlil, (e) send salutation upon the prophet (peace be upon him), (f) [then] raise both hands, and (g) ask for whatever you please. (4) Then (a) walk towards Marwah and (b) Rush between the two green markers. (5) (a) Climb [mount Marwa] and (b) do what you did on Safa (see 7.2). (6) Then walk towards Safa. (7) This would be two circuits, continue in this manner for seven [circuits].
(5.1) Thereafter, (1) remain in Makkah in the state of Ihram [for those doing Ifrad (only hajj) or Qiran (Hajj combined with Umrah)]. (2) Do as many optional tawaf as you like.
(5.2) The Imam will give a sermon and teach (a) on the seventh of Zul Hijjah11, (b) on the ninth [in Arafat], and then (b) on the eleventh in Mina.
(5.3) Leave for Mina on the morning of Yawm Tarwiyah (8th Zul Hijjah). Remain there until Fajr of Yawm Arafah (9th Zul Hijjah).
(6.1) Thereafter, (1) leave [from Mina] to Arafat. (2) All of it12 is a mawqif (waiting area) except for Batn ‘Urnah.
(6.2) When Zuhar time starts13 (1) the Imam will give a sermon similar [in form to the one given on] Friday. (2) He will combine Zuhar and Asar [in one time] with (a) one Azan and (b) two Iqamah14. (3) The requisites [for combining the salat] are (a) Jama’at and (b) Ihram; (i) it is not permissible to pray Asr [in zuhar time] if one of these two [requisites] are missing.
(6.3) Then (1) go to the mawqif (a) having done a sunnah bath. (2) It is sufficient15 that you be present16 for a moment [anytime] (a) from zawal (time) on [Yawm] Arafah up to 17 Fajr of Yawm Nahr (10th Zul Hijjah). (b) [This is irrespective], if you were (i) asleep, (ii) unconscienced, (iii) carried or (iv) unaware that it was the plain of Arafah.
(7.1) When the sun sets [on the 9 th Zul Hijjah], (1) go to Muzdalifah. (2) All of it is a mawqif (waiting area) except for Wadi Muhassar.
(7.2) (1) Pray Maghrib and Isha in the time of Isha with (a) one Azan and (b) one Iqamah. (2) If Maghrib is prayed early, it will be repeated so long as Fajr time has not started. (3) [Once the time for Fajr arrives], pray Fajr [early whilst the sky is still] dark. (4) Then (1) wait and (2) do dua.
(8.1) (1) When it becomes bright [in Muzdalifah], go to Mina. (2) Do rami of Jamarat al-‘Aqabah from (i) within the valley (ii) with seven pebbles. (3) Say takbir with every stone-throw. (4) Stop the talbiyah after the first [throw].
(8.2) Then slaughter (i) if you wish [in the case of performing ifrad (hajj only) or (ii) else it is wajib]18.
(8.3) Then (i) cut the hair but (ii) to shave is better [for men].
(8.4) [Thereafter], all restrictions [of ihram] are lifted except for [intimacy with] women19.
9. TAWAF ZIYARAH
(9) (1) Then perform tawaf ziyarah in any of the days from the Ayyam al-Nahr. (2) [Perform] seven circuits20 (i) without raml and sa’i if sa’i had been done previously21. (3) The earliest time [for tawaf ziyarah] is after Fajr of Yawm al-Nahr. (4) It is best to perform [tawaf ziyarah] on [Yawm Nahr]. (5) [Thereafter], the restriction against women is lifted22. (6) If it is delayed beyond the Ayyam al-Nahr, (i) it will be deemed makruh and (ii) dam will be wajib.
(10.1) (1) After zawal of the second day of Yawm Nahr (11th Zul Hijjah), do rami of all three Jamarat. (2) Start (a) with the [first] Jamarah which is closest to the Masjid, (b) then [the second Jamarah] which is next [to the first], and (c) then [Jamarah] Aqabah. (3) [Pelt each Jamarah] seven times. (4) Say takbir with each stone-throw and (5) do dua [between each Jamarah].
(10.2) Then the following day [on the 12th], (1) do the same.
(10.3) Thereafter [on the 13th], (1) do the same (i) if you remain [in mina]. (2) [To remain] is better. (3) [The requirement for rami on the 13th] is dropped by leaving before Fajr of the fourth day.
(1) When you leave for Makkah, descend upon Muhassab. (2) Then perform tawaf sadr (a) with seven circuits, (b) without (i) ramal or (ii) sa’i. (3) Then (a) drink Zamzam, (b) kiss the ‘Atabah, (c) place the face on Multazam, (d) cling to the wall [of the Ka’bah], (e) pray (i) repentantly and (ii) crying and (f) leave reluctantly23 until you exit the Masjid.
(12.1) The [rulings of a] woman is the same as a man except [in the following instances]. (1) She (a) will cover her head (b) but will not cover her face. (c) If she drapes anything over [her face] without [the face], it will be permissible. (2) She will no say talbiyah aloud. (3) She will not do sa’I between the two [green markers]. (4) She (i) will not shave rather (ii) she will cut. (5) She will wear stitched clothing. (6) Her hayd (menstruation) will not restrict [any rites of Hajj] except for tawaf.
(12.3) [Qiran] is to (1) intend (initiate ihram) for hajj and umrah (ii) from the miqat (ii) combined. (2) Say, ‘Allahumma Inni Urid al-Umrata wa al-Hajja fa Yassirhuma li’27. (3) Do (a) tawaf for umrah with (i) seven circuits and (ii) ramal on the first three, (b) [then] sa’i and (c) thereafter, perform hajj as described above (Sect 5). (4) [It is wajib upon a person performing] Qiran to (a) slaughter after rami in Yawm al-Nahr. (b) If unable [to slaughter], (i) fast three days28 with the last [fast] being on Yawm Arafah29 and (ii) seven days after hajj wherever they want. (c) If unable to complete [the first] three [fasts], dam must be given.30
(12.4) (1) [Tamattu’] is better than Ifrad. (2) [Tamattu’] is to (i) intend (initiate ihram) for umrah (ii) from the miqat (iii) within the months of hajj, [(iv) followed by a separate ihram for hajj]. (3) Do (a) tawaf, (b) sai, (c) shave or cut [the hair], and (d) stop talbiyah upon starting tawaf. (d) Then initiate ihram for hajj (i) in Yawm Tarwiyah and (ii) if done earlier it is better. (i) [Thereafter,] perform hajj like those doing Ifrad (See sect 5). (4) [It is wajib upon a person performing tamattu’ to] (a) slaughter and (b) if unable [to slaughter], fast like a person who performs Qiran. (5) In the case that ihram is initiated by steering a hady (a) it is deemed preferable, (b) ihram will not be exited [after umrah] and (c) thereafter, perform hajj as described above (Sect 5)
(12.5) The resident of Makkah will only do Ifrad.
(13.1) Dam is compulsory, if the person who is in ihram (1) covers an entire31 limb (b) by dousing (i) perfume or [perfumed] oil, (ii) wearing stitched clothing, or (ii) covering their head (c) for an entire daytime [or night time]. (2) [Similarly, if they] shave (i) a quarter of the head or (ii) an entire limb. (3) [Similarly, if they] clip their nails of the (i) hand, (ii) feet or (iii) all of it in one sitting. (4) [Similarly, if they] perform (i) fard tawaf in the state of hadath32 or (ii) [non-fard tawaf] in the state of janabah33. (5) [Similarly, if they] leave [before sunset from Arafat]34. (6) [Similarly, if they] abandon a wajib or most of it. (7) [Similarly, if they] advance [a rite of] hajj over another [which was required that it be done first]. (8) [Similarly, if they] delay the fard tawaf beyond the days of Nahr35. (9) [Similarly, if they], abandon the little amount36 [required in fard tawaf].
(13.2) Give half a sa’ as sadaqah, [if you] (1) do less than that which was described [in s1], (2) performed non-fard tawaf in the state of hadath, (3) abandoned a little amount37 [required in] wajib, or (4) shaved [or cut] the hair of another.
(13.3) If the dam was compulsory38 due to a [valid] reason, (a) slaughter a sheep in the haram [area], (b) give three sa’ of food as sadaqah to six people who are destitute (miskin) or (c) fast three days.
(13.4) Intercourse (1) before the wait in Arafat will invalidate hajj. Continue with [the formalities of] hajj, slaughter an animal and do qada... (2) [Intercourse] after [Arafat] will make the [sacrifice of a] large animal39 wajib. (3) [Intercourse] after halaq [will make the sacrifice of] a sheep [wajib].
(13.5) Jaza is wajib, if the person who is in ihram, (i) kills a game40 or (ii) directs its killer towards it. (2) [Jaza is to compensate with the value of] (i) a like for like replacement of that which was killed or (ii) its closest equivalent. (3) Hence with this [value] (a) a hadi (qv) will be (i) bought and (ii) slaughtered in Makkah, (b) food will be given similar to sadaqat al-fitr or (c) a day fast will be kept for every destitute [that could have been fed]. (d) The excess [which remains]41, (i) will be given as sadaqah or (ii) a day fast will be kept [for it]. (4) (a) The price for the repair must be paid if it is damaged42. (b) The price must be paid, if it is irreversibly (i) removed or (ii) [destroyed such as if] an egg is broken.
(13.6) Similarly, [the price must be paid as sadaqah]43, if a person who is halal, (a) (i) slaughters or (ii) milks a game belonging to the Haram or (b) cuts its [natural] (i) plants or (ii) trees.44 (c) [Wild] plants will not be pasteurised and nothing of it will be cut (i) except for weeds.
(13.8) (1) Nothing needs to be given due to (a) killing a (i) crow, (ii) kite, (iv) scorpion, (iv) snake, (v) mouse, (vi) rabid dog, (vii) mosquito, (viii) flea, (ix) tick, (j) turtle or (k) large predator. (2) It is permissible to slaughter a domestic animal. (2) Eat that which a person who was halal (i) hunted and (ii) slaughtered without the direction or command of a person in ihram.
Muhammad Saifur Rahman Nawhami
17 August 2016
- 1. Hajj literally means a grand intention. Technically, it is to visit a specific location, doing specific actions.
- 2. This is so long as they do not intend to do
- 3. The area between
miqatand the haram
- 4. Trans: O Allah, I am intending to do hajj so make it easy for me.
- 5. Any act which breaks the law set in the shariah
- 6. The text of Nuqayah states, ‘a rider’ rather than others. However, the ruling is the same even if one meets a walker.
- 7. Say Bismillahi wallahu akbar wa lillahil hamd
- 8. Tawaf ziyarah is fard according to all; here it is only in reference to person who has just arrived in Makkah.
- 9. Not through it.
- 10. The semicircle arch on the northern part of the Ka’bah.
- 11. It will be delivered after Zuhar. The Imam in this khutbah will not sit in between as is usual the practice in Jumu’a and Eid. The subject matter will primarily relate to Mina and Arafat viz. when to leave for Mina and Arafah, how to pray salah in Arafah, remain therein and when to exit.
- 12. The Arafat area. The centre point is Jabal Rahmat but the entire surrounding area is also classified as part of Arafat
- 13. Literally, when the sun subsides
- 14. One Iqamat for Zuhar and one Iqamat for Asar
- 15. This is in terms of their fard being fulfilled.
- 16. ihram
- 17. but not including
- 18. If the person is performing Hajj Ifrad. It is wajib for those who are performing tamattu’ or qiran to sacrifice an animal or that which is deemed its equivalent.
- 19. Intercourse with whom they are ordinarily allowed. Men must refrain from women and vice versa. Any actions which usually leads to intercourse must also be avoided.
- 20. The first four is fard and the remaining three is wajib.
- 21. Raml and Sa’i will be done if Sa’i was previously not done.
- 22. So long as they have got out of their ihram already as is done usually through qasar or halaq.
- 23. Looking back and forth.
- 24. This will occur for a person who missed or was unable to go to Arafah before Fajr of the 10th.
- 25. Either by cutting the hair or shaving it.
- 26. There is no dam upon him according to us.
- 27. Trans: O Allah, I am intending to do umrah and hajj so make it easy for me.
- 28. It is best if is done continuously but it is not necessary.
- 29. The fast can be any time after the ihram for umrah has been initiated. According to Imam Shafi’i it must be after umrah is completed. The last day is the 9th. The best days of keeping the fast is the 7th, 8th and the 9th.
- 30. Fasting will not be permissible as a form of compensation.
- 31. More than a quarter of a limb is treated as if the entire limb was covered. See Idhah al-Manasik.
- 32. In need of ghusl or wudhu
- 33. In need of ghusl.
- 34. The text in Nuqayah states ‘leaves before the Imam’. The Imam is not permitted to leave before sunset. One may leave after the sunset irrespective if the Imam has left or not.
- 35. According the Ahnaf it is the 10th, 11th and 12th.
- 36. That is three circuits.
- 37. Such as to abandon three circuits of tawaf or sa’i. Examples also include if one abandons three pelts of the seven when performing wajib stoning of the Jamarat. Like to abandon any one of the pillars in days when jamarat is wajib after the tenth.
- 38. The text of Nuqayah states, ‘if the limb was perfumed or shaved’.
- 39. A badanah is a large animal such as a camel or a cow.
- 40. Any animal hunted for sport or food.
- 41. The value of which would be less than half a sa’.
- 42. The damage is repairable but it has left a permanent mark or scarred.
- 43. This Fasting is not permitted as a form of compensation.
- 44. If it is the property of an individual, the person will need to be paid and the same amount will be given is sadaqah. If the plant is grown in a pot or it is hardwood; no charity needs to be given in sadaqah.
- 45. Such as a handful of food or a piece of bread.
- 46. If it is a lot of lice (technically or more), give half a sa’ in sadaqah.