Fiqh 5.60: Some Precedents from 'Umar and Subsequent Generations

Abdul Malik bin Qurair reported from Mohammad bin Sirin that a man came to 'Umar bin Al-Khattab and said: "A friend of mine and I ran after a wild game while we were in pilgrim garb. We killed a deer. What is our atonement?" 'Umar told a man next to him: "Come, you and I must judge together." Then he gave his verdict and told the man to sacrifice a goat in compensation." The man left saying, "This is the Chief of the Faithful, who cannot pass a judgment concerning the killing of a deer!" 'Umar heard the man's remark, and he called him back and asked him: "Have you read Surah Al-Ma'idah (of the Qur'an)?" The man said: "No." 'Umar asked further: "Do you know this man who participated in the judgment with me?" The man said, "No." 'Umar said: 'Had you told me that you have read Surah Al-Ma'idah, I would have made you ache from beating." Then he added: "Allah, the Exalted One, says in His Book: 'If any of you doeth so intentionally, the compensation is an offering, brought to the Ka'bah, of a domestic animal equivalent to the one he killed, as adjudged by two just men among you.' And this man (who judged with me) is Abdur-Rahman bin 'Awf'."

Earlier generations of Muslim scholars gave verdicts that a camel is to be sacrificed for an ostrich, and a cow for a zebra, a stag or a deer, and similarly a sheep for a woodchuck, a pigeon, a turtledove, a mountain quail, and certain other birds. A male sheep is to be sacrificed for a hyena, a goat for a deer, a four month old goat for a rabbit, a baby goat (kid) for a fox, and a four month old goat should be sacrificed for killing a jerboa.

Fiqh 5.60 a: When One is Unable to Pay the Penalty

Sa'id bin Mansur reported that commenting on the words of Allah "the compensation is an offering, brought to the Ka'bah, of a domestic animal" Ibn 'Abbas said: "If a muhrim kills an animal, an assessment should be made and then he should make compensation. If he has an animal of an equivalent value for the game, he must slaughter it and give its meat in charity, but if he does not have an animal of an equivalent value, he should assess the value of the game and then give away food for that amount. In case one does not have money for it, then, one must fast one day for each half sa' of food. If a muhrim killed a game, he must slaughter a similar animal according to the judgment of two just men. If one killed a deer or similar animal, one must slaughter a sheep in Makkah. If one cannot buy a sheep, then, one must feed six poor people, and if one cannot afford that, then one must fast three days.

If one killed a male adult deer or similar animal, he must slaughter a cow, otherwise one must feed twenty needy people, or fast for twenty days. If an ostrich or zebra or similar animal is killed, one must fast thirty days. This is reported by Ibn Abi Hatem and Ibn Jarir. They also added to this the words: "The food given to the needy must be sufficient to satisfy their hunger."

Fiqh 5.61: How to Feed and Fast

Malik said: "The best thing that I heard concerning this matter is that the price of the killed game must be assessed, or the food that can be bought with that amount. Then the killer must give to every needy person one mudd of food or else he must fast an identical number of days, one day for each mudd (of food). He must estimate the number of the needy that could be fed with that food. One must fast ten days if the money could feed ten poor people, fast twenty days, if twenty people could be fed for that amount, and so forth whatever their number, even sixty or more."

Fiqh 5.61 a: Joint Killing of a Game

If a group of people participated in killing a game intentionally, they are to pay one penalty only, because Allah says "the compensation is an offering of a domestic animal." Ibn 'Umar was asked about a group of people who had jointly killed a hyena while they were in the state of ihram. Ibn 'Umar told them, "Slaugther a ram." They asked, "Should we slaughter a ram for each person of our group?" He said, "No. Slaughter only one ram on behalf of all of you."

Fiqh 5.61 b: Killing a Game Within the Sacred Precincts and Cutting Trees

It is forbidden for both a muhrim and a non-muhrim to kill the game in the sacred precincts of Haram, or to frighten it, or to cut its trees that are not planted by the people, or to cut tender plants, including thorns, except for the plants called Izhkher and Sana which may be cut, pulled or weeded out.

Ibn 'Abbas reported that on the day of the conquest of Makkah the Prophet (peace be upon him) said, "Verily, this is a Sacred City, its thorns and its plants must not be cut, its wild game must not be frightened, and none is allowed to pick up lost articles unless one knows its owner (in order to return it to him)."' 'Abbas added, "Except (for the plant) Izhkher" which is used by blacksmiths and burned in households." The Prophet (peace be upon him) excluded this plant, saying, "Except izhkher." (Bukhari)

Ash-Shawkani said: "Qurtubi said: 'Jurists hold that the trees forbidden to be cut are the wild trees or plants that are not planted or grown by people. As to the trees grown by men there is disagreement among scholars. The majority holds it permissible to cut trees grown by men.

Ash-Shafi'i said: "Cutting any tree or plant is punishable." Ibn Qudamah also holds this view. There is also disagreement on punishment for cutting the first kind of trees.

Malik holds there is no penalty for it, although one who does this commits a sin. 'Ata opined: "Such a person should seek Allah's forgiveness." Abu Hanifah is of the opinion that such a person must compensate for it by sacrificing an animal equivalent in value to the damage caused by him. Ash-Shafi'i said: "For cutting a big tree one must slaughter a cow in compensation, and for a smaller tree a sheep."

The scholars, however, make an exception in making use of broken branches, fallen trees, or leaves. It is permissible to use these. Ibn Qudamah said: "There is agreement on the permissibility of using herbs, flowers, grass and tender plants grown by men within the sacred precincts of Haram."

The author of Al Rawdah al-Nadiyyah says: "The dwellers of the Haram, who are not in the state of ihram, incur sin, but no penalty for killing a game or cutting a tree within the Sacred Precincts." As for those who are in the state of ihram, they must pay the penalty prescribed by Allah for killing a game. But for cutting a tree in Makkah they incur no penalty, because the evidence in this regard is not strong enough. The hadith which states "If one cuts a big tree, he must slaughter a cow in compensation" is not a sound hadith. What is related from earlier scholars and their opinions on this issue, cannot be taken as conclusive by themselves.

The author continues: "In short, there is no connection between prohibition of killing game and cutting trees, and the obligation of paying a penalty or giving away an amount of equivalent value in atonement. Prohibition, however, is clear from what is forbidden. The penalty or equivalent value can be applied only when there is clear evidence to establish it. But the only evidence we have in this matter is the words of Allah "...Kill no game while in the Sacred Precincts or in pilgrim garb..." In this verse only penalty is mentioned; nothing else is essential (wajib).

Fiqh 5.63: SACRED PRECINCTS OF MAKKAH (HARAM MAKKAH)

The Sacred Precincts of Makkah include the area around Makkah, marked by stones a meter high, on all roads leading to, or from Makkah.

On the northern side Haram Makkah extends to Tan'im, six kilometers from the Sacred Mosque, and on the southern side to Adah, twelve kilometers from Makkah. On its eastern side, sixteen kilometers away, lies al-Ji'ranah, while on its northeastern border lies the valley of Nakhlah, which is fourteen kilometers from Makkah. On the western border lies Al-Shmaisi, (This place used to be called Al-Hudaibiya. It was here that the Prophet (peace be upon him) took the famous pledge - bai 'at ridwan - from his Companions. The Battle of Al-Hudaibiya is named after it) fifteen kilometers from Makkah.

Muhibbuddin At-Tabari reported from Az-Zuhari from Obaidullah bin Abdullah bin 'Utba and said: "Prophet Ibrahim (peace be upon him) put up markers for the Sacred Precincts as shown to him by Gabriel (peace be upon him)." These markers were undisturbed until the time of Qusaiy, who renewed them. After that the Prophet (peace be upon him), in the year of the conquest of Makkah, sent Tamim bin Osaid al-Khozai'i to refurbish them. Later 'Umar appointed four men from Quraish, Muhrama bin Nawfal, Sa'id bin Yarbu', Howaiteb bin Abdil-Uzza, and Azhar bin Abd-Auf, to renew these markers. Subsequently, first Mu'awiyah and then Abdul-Malik refurbished them.

Fiqh 5.63 a: Sacred Precincts of Madinah (Haram Madinah)

In the Sacred Precincts of Madinah killing a game and cutting its trees is prohibited as it is in the case of Haram Makkah. Jabir bin Abdullah reported that Allah's Messenger (peace be upon him) said: "Ibrahim (peace be upon him) made Makkah Haram (sacred), and I declare Madinah and what lies between its two black tracts Haram. No game (within this area) is to be killed, nor any adah - a thorny plant - growing therein is to be cut." (Muslim)

Ali reported that concerning Madinah the Prophet (peace be upon him) said: "Its plants must not be cut, its game must not be frightened, articles lost in it must not be picked up except by someone making announcement to find the owner, nor is any man to bear arms for fighting in it. Its trees must not be cut, except when (required for) feeding one's camels." (Reported by Ahmad and Abu Dawud) Both Bukhari and Muslim report that the Prophet (peace be upon him) said, "Madinah is Haram (Sacred) and its Sacred Precincts extend from 'Eer to Thowr." (Eer is a mountain at the miqat for Madinah, and Thowr is a mountain near Uhud on the north) Another agreed upon hadith reported from Abu Hurairah says, "The Prophet (peace be upon him) declared the area between the two black tracts of Madinah as sacred and then extended it to about twelve miles around Madinah." The Prophet (peace be upon him) permitted the residents of Madinah to cut trees for making plows, carts and other necessary tools and equipment. He also permitted them to cut its grass to feed their animals. Ahmad reported from Jabir bin Abdullah that the Prophet (peace be upon him) said: "The area between two black tracts of Madinah is a Haram (a sanctuary). No tree must be cut (within this area) except for use as fodder for animals."

Unlike this the residents of Makkah, who have sufficient supply for their animal feed, are not permitted to cut even the grass to feed their animals. The residents of Madinah are not self-sufficient and are therefore allowed to use trees and grass for their animals.

But killing the game or cutting off the trees in the sanctuary of Madinah carries no penalty nor requires any compensation, although doing so is a sinful act.

Anas reported that the Prophet (peace be upon him) said, "Madinah is a sanctuary from such and such a place to such and such a place, and (within this area) its trees shall not be cut, nor any (unlawful) act committed, and whoso does so on him shall rest the curse of Allah, His angels and the entire mankind." (Bukhari)

It is permissible to pick up and use branches of a fallen tree within this sanctuary. Sa'ad bin Abi Waqqas reported that while on his way to his palace at 'Aqiq he found a slave cutting off a tree or hitting and shaking it for leaves. Sa'ad seized whatever the slave had gathered. The owners of the slave went to Sa'ad and asked him to return to them what he had seized from the slave. Sa'ad said, "Allah forbid that I should return something which Allah's Messenger has given me as a gift." And saying this he refused to return it to them. (Muslim)

The Prophet (peace be upon him) said, "If you find anyone hunting a wild game within the sacred bounds of Madinah you may seize it from him." (Abu Dawud, and Al-Hakim, who considers it a sound hadith) This is reported by Abu Daw'ud, and Al-Hakim, who considers it a sound hadith.

Fiqh 5.65: Is There Any Other Sanctuary Besides Makkah and Madinah?

Ibn Taimiyyah said, "There is no other sanctuary in the whole world besides these two, not even the Al-Aqsa Mosque of Jerusalem, nor any other, even though some ignorant people call them Haram al-Maqdis and Haram al-Khalil. By consensus Haram Makkah is the only Haram (sanctuary). About Madinah there is no such consensus. A majority of scholars, however, hold that Madinah is also a sanctuary, as mentioned in ahadith on this subject.

Muslim scholars disagree about a third sanctuary, namely, Wuja, a valley of Al-Ta'if. Ash-Shafi'i regards it a sanctuary. Ash-Shawkani agrees with him, but the majority of the scholars disagree and do not consider it a sanctuary."

Fiqh 5.65 a: Excellence of Makkah Over Madinah

The majority of scholars believes Makkah has preference over Madinah.

Abdullah bin 'Adi bin Al-Hamra reported that he heard Allah's Messenger (peace be upon him) saying, "By Allah ! You (O Makkah) are the best of Allah' s land, and most beloved to Him. Had I not been driven away from you, I would have never departed (from you)." (Ahmad, Ibn Majah and Tirmizhi) Ibn 'Abbas said: "Allah's Messenger (peace be upon him) addressed Makkah saying, 'How nice a place you are! You are the most beloved place to me! If my people had not driven me away from you I would have never departed (from here) to live somewhere else."(Tirmizhi considers it a sound hadith)

Fiqh 5.65 b: Entering Makkah without Ihram

One may enter Makkah without putting on a garb of ihram if one does not intend to make Hajj or 'Umrah. One may be a frequent visitor to Makkah as a wood-cutter, a grass cutter, a water carrier, or a hunter, etc., or not a frequent visitor such as a merchant or a visitor. Regardless of whether one enters it in a state of security or fear, all such people may enter Makkah without ihram if they do not intend to perform Hajj or 'Umrah. This is Ash-Shafi'i's opinion which, of his two views, is the more accurate one, and is also supported by his companions.

Muslim reported that Allah's Messenger (peace be upon him) entered Makkah wearing a black turban and without an ihram. It is said about Ibn 'Umar that he returned after travelling part of the way and entered Makkah without ihram.

Both Ibn Shihab and Ibn Hazm hold entering Makkah without the ihram garb permissible. The Prophet (peace be upon him) set the markers (Mawaqit) around Makkah only for those who intended to perform Hajj or 'Umrah.

Wearing ihram is not compulsory for those who pass these markers if they do not intend Hajj or 'Umrah. Allah and His Prophet (peace be upon him) did not forbid entering Makkah without ihram. To insist on it is obligating people to which they are not obligated by Shari'ah.

Fiqh 5.66: Encouraged Acts for Entrants to Makkah and the Sacred Mosque

It is desirable for those intending to visit Makkah to do the following:

1 To take a bath. It is reported that Ibn 'Umar used to take a bath before entering Makkah.

2 To spend the night at Zhi Tuwa, a valley in the direction of Al-Zaher. The Prophet (peace be upon him) used to spend the night there. Nafi' said: "Ibn 'Umar used to do the same.'' (Reported by Bukhari and Muslim)

3 To enter Makkah from the upper hill called "Koda". The Prophet (peace be upon him) entered Makkah from the direction of Al-Mu'allah. Whoever is able to follow this path, should do so, but one commits no sin if one does not do it.

4 To hurry to the Sacred Mosque as soon as one deposits one's belongings in a safe place. One must enter the Sacred Mosque from the gate known as Bab Bani Shayba - Bab us-Salam - and say humbly and sincerely: "A'uzhu billahil azeem wa biwajihil kareem wa sultanihil qadeem , minash shaltanir rajeem. Bismillah allahumma salli 'ala muhammadin wa alihi wa salam, Allahumma ghifirli zunubi waftah li abwaba rahmatika (I seek refuge with Allah the Supreme, I seek refuge with His Honor and Eternal Glory, with His Everlasting Authority, from the cursed devil. O Allah, Bless Muhammad and the family of Muhammad! O Allah! Forgive my sins and open Your doors of mercy for me)."

5 To raise one's hands on first sight of the Ka'bah and say: "Allahumma zid hazhal bayti tashrifan wa ta 'zeeman wa takriman wa muhabatan wa zid min sharfihi wa karamihi mimman hajjahu au 'itamarahu tashrifan wa takriman wa ta'zeeman wa birran (O Allah! increase this House's honor, dignity, respect and grant all those who come to it for Hajj or 'Umrah honor, dignity, respect and righteousness.)" And say, "Allahumma antas salam, wa minkas salam, fahayyina rabbana bis-salam (O Allah! You are the Peace, from You is the Peace. O Allah! Greet us with the Peace)."

6 Then head to the Black Stone and kiss it quietly. If kissing is not possible, then one may touch it with a hand and kiss the hand, and if even this is not possible then one may just point to it with a hand.

7 Then begin tawaf (circumambulation) starting from the Black Stone.

8 One does not have to perform salutation prayer to the Sacred Mosque. because tawafof Ka'bah is its salutation. If, however, it is time for the prescribed daily prayers, then one must offer them with the congregation. The Prophet (peace be upon him) said, "When a prescribed prayer is in progress then no other prayer except the prescribed prayer is valid." Similarly, if one is afraid to miss a prescribed prayer then one must offer it first before anything else.

Fiqh 5.69: Performing Tawaf

1 One must begin tawaf (circumambulation) with one's right shoulder uncovered, and the Ka'bah on one's left side, while facing the Black Stone, kissing it, if possible, or touching it with one's hand, or pointing in its direction, and saying, Bismillah wallahak baalla humma imanan bika wa tasdiqan bikitabika wa wafa'an bi 'ahdika wa ittiba'an li sunnati nabbiyyi sallalahu 'alaihi wa sallam (In the Name of Allah. Allah is the Greatest. O Allah! [I begin this tawafl believing in You, affirming the truth of Your Book, fulfilling my covenant with You, and following the example of the Prophet, peace be upon him)."

2 Jogging lightly through the first three rounds around Ka'bah is encouraged. One should walk fast, keep close to Ka'bah as much as possible, and take short steps. In the next four rounds one should walk at normal pace. If one is unable to jog or get closer to Ka'bah, because of overcrowding around it, one may perform one's tawaf in any way possible.

Touching the Yemeni corner (Ar-Ruknul Yemeni) is encouraged, and so is kissing or touching the Black Stone in each of the seven rounds of tawaf, if possible.

3 Making remembrance of Allah and supplicating to Him as much as possible is also encouraged. For this purpose one may choose any supplications that one feels comfortable with, without restricting oneself to any supplications or repeating what others (around one may be saying). There are no set supplications prescribed for this purpose. The supplications that some people take as prescribed for various rounds of tawaf have no authenticity. No such supplications are reported from the Prophet (peace be upon him). One should pray for oneself, for one's family and one' s Muslim brethren for anything good in this life or in the hereafter.

Some of the supplications that are reported in this regard are given below:

1 Upon facing the Black Stone the Prophet (peace be upon him) said: "Allahumma imanan bika wa tasdiqan bikitabik wa wafa 'an bi'ahadika wa Itba'an li sunnat nabbiyyika bismillahi wallahu akbar (This is reported directly from the Prophet (peace be upon him)) (O Allah! I begin this tawaf believing in You, affirming the truth of Your Book, fulfilling my covenant with You, and following the example of Your Prophet, peace be upon him. In the Name of Allah! Allah is the Greatest!)"

2 Upon commencing the tawaf the Prophet (peace be on him) said: "Subhan Allah wal hamdu lillah wa la ilaha illallah wallahu akbar wa la haula wa la quwwata illa billah (Glory to Allah, All praise is due to Allah, there is no god but Allah. Allah is the Greatest. There is no might nor power except with Allah)." (Ibn Majah)

3 Upon reaching the Yemeni corner the Prophet (peace be upon him) said: "Rabbana aatina fid dunniyya hasanatan wa fil akhirati hasanatan wa qina 'azhaban nar (Our Lord! Grant us good in this world and good in the hereafter, and save us from the punishment of the Fire).'' (Reported by Abu Daw'ud, and Ash-Shafi'i from the Prophet (peace be upon him) on the authority of 'Umar)

4 Ash-Shafi'i said: "I like that each time on passing the Black Stone one should say Allahu Akbar, and while jogging one should supplicate and say: Allahumma ij 'alhu hajjan mabruran wa zhanban maghfuran wa Sa'iyan mashkuran (O Allah! Let this be an accepted Hajj, with sins forgiven, and a well appreciated effort)." And during each round of tawaf he would say: "Rabbighfir warham wa'fu 'ama ta'lam wa antal a'azzul akram allahumma aatina fid dunniyya hasanatan wafil aakhirati hasantan wa qina 'azhaban nar. (O my Lord. Forgive us, and have mercy upon us, pardon our sins that You only know, You are the Most Honored and Dignified. O Allah! Grant us good in this world and good in the hereafter, and protect us from the torment of the fire)."

It is reported about Ibn 'Abbas that while walking between the Yemeni corner and the Black Stone he used to say: "Allahumma qanni'nibima razaqtani wa barik lifihi wakhluf 'alayya kulla gha'ibatin bikhair. (O Allah! Let me be satisfied with what you provided me, O Allah! Bless it for me. O Allah! Substitute every good thing that I missed with something good."(Reported by Sa'id bin Mansur and al-Hakim)

Fiqh 5.71: Reciting the Qur'an in Tawaf

A person may recite the Qur'an while performing tawaf, because the purpose of tawaf is to remember Allah and the Qur'an is a reminder and a remembrance of Allah. 'Aishah reported that the Prophet (peace be upon him) said: "Tawaf (circumambulation) around the House of Allah, walking between Safa and Marwah, and throwing the pebbles at the Jamarahs are instituted for the remembrance of Allah." (Reported by Abu Daw'ud and Tirrnizhi who considers it a sound hadith)

Fiqh 5.71 a: Excellence of Tawaf

Ibn 'Abbas reported that Allah's Messenger (peace be upon him) said, "Every day Allah descends a hundred and twenty folds of His Mercy to His slaves who perform Hajj (to His House). Sixty-fold of these are specified for people performing tawaf, forty-fold for those who pray there, and twenty for those who look at the Ka'bah."

5 Upon completing one's tawaf, one must offer a two rak'ah prayer at the Station of Ibrahim, reciting the verse of the Qur'an 2.125 "And take the Station of Abraham as a place of prayer." This will complete one tawaf around the Ka'bah.

This tawaf is called Tawafal Qudum (Arrival Circumambulation), if a pilgrim is performing a mufrid (single) Hajj. Otherwise it is called Tawaf al Tahayya (Circumambulation of Greeting), or Tawafad Dakhul (Circumambulation of Entry). It is neither an essential condition nor an obligation. For a pilgrim performing Hajj Tamattu' (combining Hajj and 'Umrah with a break), or performing Hajj Qiran (combining Hajj and 'Umrah without a break), it is Tawafal 'Umrah ('Umrah Circumambulation), and after having performed it a pilgrim does not need to perform a Tawafal Tahaya or Tawafal Qudum. Such a pilgrim must, however, complete his 'Umrah making a Sa'i (seven rounds of walking) between the hills of Safa and Marwah.

Fiqh 5.72: Kinds of Tawaf

1 Tawafal Qudum (Arrival Circumambulation).

2 Tawafal Ifada (Return from Mina Circumambulation).

3 Tawafal Wida' (Farewell Circumambulation). We will deal with it separately at its place.

4 Tawafat Tatawwu' (Supererogatory Circumambulation).

The pilgrim should make full use of his stay at Makkah performing as much supererogatory tauaf and prayers in the Sacred Mosque as possible. A prayer in it is better than a hundred thousand prayers in any other mosque. In a supererogatory tawaf one may not uncover one's shoulder or jog. It is sunnah to perform a tawaf of Ka'bah as a salutation to the Sacred Mosque upon entering it, unlike other mosques where on entering them a two rakah prayer is offered as a salutation to the mosque.

Fiqh 5.72 a: Prerequisites of Tawaf, Cleanliness from all major or minor physical impurities.

The Hanafi school holds that cleanliness from impurities is not a necessary condition, but an obligation which, if not found, may be compensated by a sacrifice. Thus if somone performs a Tawaf in a state of minor impurity his tawaf will be valid, but he will have to offer a sheep in sacrifice. If such a person is junub or ha'id his or her tawaf will still be valid, but he or she will have to sacrifice a camel as a penalty and repeat the tawaf as long as he or she is in Makkah. As to the cleanliness of clothes or body, the Hanafi school takes it as a sunnah only.

Ibn 'Abbas reported that the Prophet (peace be upon him) said: "Tawaf is (similar to) a prayer ... but Allah, the Almighty, has made talking for one (engaged in tawaf) permissible. So, whoso speaks (while performing tawaf) should say only good things. (Tirmizhi and Ad-Daraqutni. Also reported by Al-Hakim, Ibn Khuzaimah and Ibn Al-Sakan as a sound hadith)

'Aishah reported that the Prophet (peace be upon him) entered her apartment and tound her crying. He asked her, "Has your monthly course set in?" That is, are you weeping because you are menstruating? She replied, "Yes." Upon this the Prophet (peace be upon him) said, "This is a matter inscribed by Allah, the Almighty, for all daughters of Adam. You should perform all the rites of Hajj, except tawaf (circumambulation) - which you should perform after taking a complete bath (when you are clean)." (Reported by Muslim) 'Aishah also said: "The very first thing that the Prophet (peace be upon him) did upon arriving in Makkah was to perform Wudu and then make a tawaf of Ka'bah." (Bukhari and Muslim)

There is consensus that if one suffers from an illness that causes one to be continuously impure physically, such as leaking urine or continuous bleeding in the case of a menstruating woman, one may perform tawaf without incurring any penalty or need for making compensation. Malik related that a woman came to Abdullah bin Umar seeking a verdict. She said, "I came to the Sacred Mosque to pertorm tawaf, but when I arrived at the door of the Mosque I started bleeding. So I went away and waited until I became clean, and then returned to the Sacred Mosque. But again when I arrived at the door I started bleeding. I went back and returned when I was clean. But when I arrived at the door of the Mosque I started bleeding again. (What should I do?)" Ibn 'Umar said, "That bleeding is a spurt trom the devil. You should take a bath, place some pads on your private parts, and then perform your tawaf."

Fiqh 5.73: Covering One's 'Awrah

The male should cover from the navel to the knee, and the female all her body except her face, hands and feet. (Tran.) Abu Hurairah reported: "During the Hajj for which Abu Bakr was appointed the leader by Allah's Messenger (peace be upon him), before the Farewell Hajj, Abu Bakr sent me with a group to announce the Day of Nahr - the 10th of Zhul-Hijjah - and to proclaim: 'No idolater nor any naked person shall be allowed to perform tawaf of the Ka'bah after this year.'' (Bukhari and Muslim)

Fiqh 5.73 a: One Must Complete Seven Rounds of the Ka'bah

Thus, if one leaves even a single step in any of the seven rounds that round will not be counted. If one is doubtful as to the number of rounds performed, one must assume the least number of rounds, and then complete the seven rounds. In cases where one completes a Tawaf and then finds oneself not so sure about the number of rounds performed, one incurs no penalty nor is required to do anything.

Fiqh 5.73 b: One Must Begin and End One's Tawaf at the Black Stone.

Fiqh 5.73 c: When Making Tawaf the Ka'bah Should Be to the Left of the Person Performing Tawaf. Circumambulating with the Ka bah on one's right is invalid

Jabir (may Allah be pleased with him) reported: "When Allah's Messenger arrived in Makkah, he went to the Black Stone, kissed it, and then walked on its right side. He jogged three rounds and walked the remaining four.'' (Muslim)

Fiqh 5.74: Tawaf Must Be Performed Outside and Around the Ka'bah

Thus if someone were to walk within the Hijr (Commonly known as Hijr Isma'il, and situated to the north of Ka'bah, it is surrounded by a semicircular wall. Of this, only an area of six cubits (three metres approximately) extending from the Ka'bah is its part) his tawaf will not be valid, because both Hijr and Al-Shazarwan (Al-Shazarwan is the construction contiguous to the Ka'bah to which are fixed the rings holding the Ka'bah cover) are a part of the Ka'bah. Allah has commanded us to circumambulate around the Ka'bah and not inside it, saying: "...and circumambulate the Ancient House.'' (Qur'an 22.29) It is preferable, however, to remain close to the Ka'bah, if one can do so easily.

Fiqh 5.74 a: Tawaf (circumambulation) should be immediately followed by Sa'i (between Safa and Marwah)

A short break in between the two, however, may be made. A longer interval because of a genuine excuse will also do no harm and is permissible. The Hanafi and Shafi'i schools hold that such a continuance (of Sa'i immediately after tawaf) is Sunnah of the Prophet.

Similarly there is no harm if one performs tawaf in parts and with long intervals in between, and even if it is done without any genuine reason. Such a person may continue the remaining rounds and complete his tawaf.

Sa'id bin Mansur reported from Humaid bin Zaid that he said: "I saw 'Abdullah bin 'Umar go three or four times around the Ka'bah, and he then sat down for a rest, while his servant fanned him. Then he resumed his Tawaf from where he had left it. Both Shafi'i and Hanafi schools hold that if one's ablution is void during the tawaf; one should redo it and resume the tawaf to complete its remaining rounds, regardless of the length of the interval.

It is reported that once Ibn 'Umar heard the call for prayer while he was performing his tawaf. He interrupted his tawaf and offered the prayers with the congregation. Then he resumed his tawaf from where he had left it.

'Ata is reported to have given a verdict concerning a person who had to interrupt his tawaf in order to participate in a funeral prayer, saying that such a person may resume his tawaf and complete the remaining rounds.

Fiqh 5.74 b: Sunnah of Tawaf

It is Sunnah to perform certain acts in tawaf as given below:

1 Facing the Black Stone at the start of the tawaf while uttering a takbir (Allahu-Akbar), and a tahlil (La ilaha illahlah), and raising one's hands as they are raised in prayers, and if possible touching it with both hands and kissing it quietly, or placing one's cheek on it. Otherwise. one may touch it with one's hand and kiss the hand, or touch it with something, and then kiss it, or if even that is not possible, one may just point to it with a stick, etc. as is mentioned in some of the ahadith given below.

Ibn 'Umar said: "Allah's Messenger (peace be upon him) faced the Black Stone, touched it, and then placed his lips on it and wept for a long time." 'Umar also wept for a long time. The Prophet (peace be upon him) said: 'O 'Umar, this is the place where one should shed tears.''' (Reported by Al-Hakim, who considers it a sound hadith with a sound chain of authorities)

It is reported by Ibn 'Abbas that 'Umar bent down towards the Black Stone and said: "By Allah! I know that you are a mere stone, and if I had not seen my beloved Prophet (peace be upon him) kissing you and touching you I would have never done so." The Qur'an says: "You have indeed in the Messenger of Allah a beautiful pattern (of conduct)."' (Qur'an 33.32) This was reported by Ahmad and others in slightly different words.

Nafi' said, "I have seen Ibn 'Umar touching the Black Stone with his hand, and then kissing his hand and saying: 'Ever since I saw the Prophet (peace be upon him) doing this, I have never failed to do that.''' (Reported by Bukhari and Muslim)

Sowayd bin Ghaflah said: "I have seen 'Umar kissing the Black Stone and touching it." He further said: "I know that the Prophet (peace be upon him) was especially very particular about it.'' (Muslim) Ibn 'Umar reported that Allah's Messenger (peace be upon him) used to come to Ka'bah, touch the Black Stone and then say: Bismillahi wallahu akbar (In the name of Allah, Allah is the Greatest.)" (Ahmad) Muslim has reported on the authority of Abu Tufail that he said: "I have seen the Prophet (peace be upon him) making tawaf around the Ka'bah and touching it with a stick and then kissing the stick."

Bukhari, Muslim and Abu Daw'ud reported that 'Umar approached the Black Stone and kissed it. Then he said: "I know that you are a mere stone that can neither harm nor do any good. If I had not seen the Prophet (peace be upon him) kissing you, I would have never kissed you."

Al-Khatabi said: "This shows that abiding by the Sunnah of the Prophet (peace be upon him) is binding, regardless of whether or not we understand its reason or the wisdom behind it."

Such information devolves obligation on all those whom it reaches, even if they may not fully comprehend its significance. It is known, however, that kissing the Black Stone signifies respect for it, recognition of our obligation toward it, and using it as a means of seeking Allah's blessings. Indeed Allah has preferred some stones over others, as He preferred some countries and cities, days and nights, and months over others. The underlying spirit of all this is unquestioning submission to Allah.

In some ahadith which say that "the Black Stone is Allah's right hand on earth," we do find, however, a plausible rationale and justification for this statement. In other words whosoever touches the Black Stone he pledges allegiance to Allah, as it were, by giving his hand into the hand of Allah, just as some followers do pledge their fealty to their kings and masters, by kissing and shaking hands with them.

Al-Muhallib said: "The hadith of 'Umar refutes the assertions of those who say that 'The Black Stone is Allah's right hand on earth wherewith He shakes the hands of His slaves."' God forbid that we should ascribe any physical organs to Allah. The commandment to kiss the Black Stone is meant to test and to demonstrate palpably as to who obeys and submits. It may be compared with the command to Iblis to bow to Adam.

We have no definite evidence, however, to believe that any of the stones used in building the Ka'bah originally (by Ibrahim and Isma'il), is still in existence today excepting the Black Stone.

Fiqh 5.76: Crowding at the Black Stone

There is no harm in crowding around the Black Stone so long as no harm is caused to other people. Ibn 'Umar used to struggle hard to get through the crowd in order to reach the Black Stone, so much so that sometimes (he was struck on the face and) his nose would bleed. The Prophet (peace be upon him) said to 'Umar: "O Abu Hafs! You are a strong man. Do not crowd others around the Black Stone. You may hurt a weak person. But if you find an opportunity to reach it in order to kiss it or touch it, do it. If not, then say 'Allahu-Akbar' and continue (your tawaf).'' (Reported by Ash-Shafi'l in his Sunan)

Fiqh 5.76 a: Al-Idtiba' (Uncovering one's shoulder)

It is reported by Ibn 'Abbas that the Prophet (peace be upon him) and his companions declared their intention to perform 'Umrah from al-Ji'ranah by putting on their ihram (Hajj garb) but leaving their right shoulders uncovered, bringing their ihram up from under their right armpits while covering the left shoulder. (Reported by Ahmad and Abu Daw'ud) The majority of scholars holds a similar view and claims that doing so is helpful in ramal ( jogging) while making a tawaf. Malik is of the opinion, however, that doing so is not commended. for it is not a known (practice), nor did he see anyone doing so. There is consensus that it is undesirable in the tawaf prayer (salatul tawaf).

Fiqh 5.76 b: Ramal 23 or Jogging

Ramal means walking fast, vigorously moving the shoulders and taking small steps, giving a sense of strength and energy. Ibn 'Umar reported that Allah's Messenger (peace be upon him) jogged from the Black Stone to the Black Stone three times, and walked the remaining four rounds. (Muslim and Ahmad) If a person does not jog in the first three rounds, then he is not required to make it up in the last four rounds. Ramal (Jogging) and idtiba' (uncovering one's right shoulder) are prescribed for men only while making tawaffor 'Umrah. In case of a pilgrim performing Hajj, tawaf is always followed by Sa'i (walking between Safa and Marwah) . Shafi'i school holds that a pilgrim, who does make idtiba' (i.e., uncovers his right shoulder) and performs ramal (i.e., jogs), while making Tawaf al Qudum on arrival and then making Sa'i between Safa and Marwah, is not required to repeat idtiba' and ramal in his Tawaf al Ifada (after returning from 'Arafah). If one does not perform Sa'i after making tawaf and postpones it till after Tawaf az-Ziarah (Tawaf of Visit), he should make idtiba' (uncover his right shoulder) and perform ramal (jog) while making Tawaf az-Ziarah.

Women are not obligated to jog or uncover their right shoulder, because they must properly cover themselves. Ibn 'Umar said: -Women are not obligated to jog around the Ka'bah nor while making Sa`i between Safa and Marwah." (Reported by Al-Baihaqi)

Fiqh 5.77: Wisdom Behind Ramal

What is the wisdom behind ramal? It is reported by Ibn 'Abbas that when the Prophet (peace be upon him) and his companions came to Makkah, they were weakened by the fever in Yathrib. Thereupon the idolators said, ''A people weakened with fever have come to you and they are aMicted with evil." Allah. the Almighty, informed His Prophet (peace be upon him) about their saying. So he commanded them to jog through the first three rounds of tawaf around the Ka'bah, and to walk between its two corners. When the idolaters saw the Muslims jogging, they said: "Are those the people you said are weak because of the fever? They are stronger and sturdier than us!" Ibn 'Abbas added: "The Prophet (peace be upon him) did not command them to jog all through the seven rounds in order not to overexert themselves." This was reported by Bukhari, Muslim, and Abu Daw'ud, whose wording is given here.

'Umar was of the opinion that jogging be stopped as there was no longer any need for it after the Muslims had become strong and powerful. But he decided, however, to leave it (in its original form) so that the future generations of Muslims could share a form and a feeling similar to that observed and felt by early Muslims. Muhibbuddin At-Tabari said: "Sometimes certain instructions are prescribed in the religion for a specific reason, and later even though that specilic reason no longer exists yet the instructions still remain valid."

Zaid bin Aslam reported from his father that he said: "I heard 'Umar ibn Al-Khattab saying: 'Why jog around the Ka'bah today'? Why uncover our shoulders (in tawaf)? Allah has made Islam strong and powerful, and banished disbelief and the disbelievers, yet we shall never abandon what we used to do in the time of the Prophet (peace be upon him)."

Fiqh 5.78: Touching the Yemeni Corner

This is based on the statement of Ibn 'Umar in which he said "I never saw the Prophet (peace be upon him) touching any other parts of Ka'bah except the two corners: The Black Stone and the Yemeni corner." And he added, "No matter how hard and difficult the circumstances, I have not failed to touch these two corners - the Yemeni Corner and the Black Stone - ever since I saw the Prophet (peace be upon him) doing so." (Reported by Bukhari and Muslim)

A pilgrim making tawaf touches these two corners, and no others, because of their special merits and excellence. The Black Stone is distinguished by two things:

1 it is placed on the foundations raised by the Prophet Ibrahim (peace be upon him), and

2 it marks the beginning as well as the end of tawaf. The Yemeni corner is directly opposite to it and, like the Black Stone, it is also laid on the foundations raised by Ibrahim.

When Ibn 'Umar was told about 'Aishah's statement that "Some of the Hijr Isma'il is part of the Ka'bah" he said: "I think that 'Aishah heard that from the Prophet (peace be upon him). I think that the Prophet (peace be upon him) never failed to touch them while making a tawaf These two, however, are not at the foundations of the House, and the people circumambulate around the Hijr because of that. (Abu Dawud)

The Muslim community, however, is in agreement concerning the desirability of touching these two Yemeni corners. A person making tawaf of Ka'bah may not touch the other two corners. Ibn Hibban has reported in his Sahih that the Prophet (peace be upon him) said: "The Black Stone and the Yemeni corner cause the sins to be forgiven."

Fiqh 5.78 a: Offering a Two Rak'ah Prayer After Tawaf

It is sunnah to offer a two rak'ah prayer after completing the tawaf at the Station of Ibrahim (peace be upon him), or at any other place in the Sacred Mosque, regardless of whether it is a supererogatory tawaf or obligatory one (as in Hajj or 'Umrah).

Jabir reported that "When the Prophet (peace be upon him) came to Makkah, he went around the Ka'bah seven times, then went to the Station of Ibrahim and recited the verse (Qur'an 2.125): "And take of the Station of Abraham a place of prayer." He prayed behind it, and then went to the Black Stone and kissed it." (Reported by Tirmizhi who considers it a sound hadith)

In this two rak'ah prayer, it is sunnah to recite Surah Al-Kafirun, in the first rak 'ah, and Surah Al-Ikhlas in the second rak 'ah, after reciting Al-Fatihah. (Reported by Muslim and others) These two rak'ahs may be offered at any time of the day and night including the prohibited times.

Jubair bin Mut'im reported that the Prophet (peace be upon him) said, "O Bani Abd Manaf! Do not prevent anyone from performing tawaf around the Ka'bah. One may pray (in the Sacred Mosque) any time during the day or night." (Reported by Ahmad, Abu Dawud, and Tirmizhi who regards it a sound hadith) Ash-Shafi'i and Ahmad hold this view.

Though it is sunnah to offer this two rak'ah prayer after the tawaf in the Sacred Mosque, it may also be offered outside the Mosque. Umm Salamah reported that she performed a tawaf around the House riding, but she did not offer the two rak'ah prayer until she had left the Mosque. (Bukhari) Malik reported from 'Umar that he offered these two rak'ahs at Zhi Tuwa valley. Bukhari also has reported that 'Umar prayed (these two rak'ahs) outside the Sacred Mosque.

If one offered a prescribed prayer after the tawclf then he need not offer this two rak'ah prayer. The Shafi'i school holds this view, which is also in accordance with the well known position of Ahmad. The Maliki and the Hanafi schools are of the opinion that these two rak'ahs must be offered and no other prayer can replace them.

Fiqh 5.79: Passing in Front of Worshippers in the Sacred Mosque

It is permissible to offer prayer in the Sacred Mosque while the people, male and female, pass in front of the worshipper. There is no harm in it, and it is one of the special characteristics of the Sacred Mosque. Kathir bin Kathir bin Al-Mutalib bin Wida'ah reported from some of his family members and from his grandfather that he said: "I saw the Prophet (peace be upon him) offering prayer in the Sacred Mosque in the area adjacent to Bani Sahm while people passed in front of him but he did not place any sutrah (protection) in front of him." Suffiyan bin 'Uyainah said, "There was no partition between him and the Ka'bah." (Reported by Abu Daw ud Nasa'i, and Ibn Majah)

Fiqh 5.79 a: Men and Women Performing Tawaf Together

Ibn Juraij reported: "'Ata told me that when Ibn Hisham forbade women from performing tawaf along with men he asked him, 'How dare you prevent them while the wives of the Prophet (peace be upon him) performed tawaf along with other men?' He added: 'I asked him:"Did they do so betore or after the commandment to observe veil?" He said: "They did so after the revelation of the commandment to veil." I said: "How could they intermingle with men?" He said: "They did not intermingle with men. 'Aishah used to perform tawaf keeping apart from men and without intermingling with them. A woman asked her, "O Mother of Believers ! Shall we touch the Black Stone and kiss it? 'Aishah said: "Get away from here, and she refused to join her. (Bukhari) They used to go disguised at night and perform tawaf with men, but when they entered the Mosque, they would wait and go in when the men left.

Women may touch and kiss the Black Stone when there is an opportunity and no men are around. It is reported that 'Aishah said to a woman, "Do not crowd with others at the Black Stone, but if you find a chance, touch and kiss it, otherwise if there is crowding, then say a takhir (Allah is the Greatest) when you are opposite to it, and make your tawaf and do not cause any harm to anyone."

Fiqh 5.80: Making a Tawaf while Riding

A person may, even if he is able to walk, perform tawaf while riding, provided there is a valid reason for doing so.

Ibn 'Abbas reported that during the Farewell Pilgrimage the Prophet (peace be upon him) performed tawaf while riding his camel, and touched the Black Stone with a stick (that he carried). (Reported by Bukhari and Muslim)

Jabir reported that during the Farewell Pilgrimage the Prophet (peace be upon him) performed tawaf and made Sa'i between Safa and Marwah while riding on his mount, so as to show it to the people, to draw their attention, and (to give them an opportunity) to ask him any questions (they had), and the people were crowding around him."

Fiqh 5.80 a: Intermingling of a Leper with Others in Tawaf

Malik reported from Ibn Abi Mulaikah that 'Umar bin Al-Khattab saw a woman aMicted with leprosy performing tawaf with others. He said to her, "O maidservant of Allah! Do not harm others. Why do you not stay in your home?" She did so and stayed at her home. Upon the death of 'Umar, a man visited her and said, "The one who forbade you to circumambulate the Ka'bah has passed away. You may now go and perform tawaf." She replied, "I shall not obey a person in his life, and disobey him after his death."

Fiqh 5.80 b: Desirability of Drinking Zamzam Water

Upon completion of the seven rounds of the tawaf; and after offering the two rak'ahs by the Station of Ibrahim, it is encouraged to drink water from the well of Zamzam.

Both Bukhari and Muslim confirm that the Prophet (peace be upon him) drank of Zamzam water, and said, "It is blessed (water); it is food for the hungry, and a healing for the sick.' It is reported that the angel Gabriel had washed the heart of the Prophet (peace be upon him) with its water on the Night Journey.

At-Tabarani in his Al-Kabir, and Ibn Hibban have reported from Ibn 'Abbas that the Prophet (peace be upon him) said: 'The best water on earth is the water of Zamzam. It is food for the hungry, and a healing for the sick." (Al-Munzhri said that the chain of narrators of this hadith is sound)

Fiqh 5.81: Etiquette of Drinking Zamzam Water

A person drinking Zamzam water should intend and hope for healing, blessings and whatever is best for him in this life and in the hereafter. The Prophet (peace be upon him) said, "The water of Zamzam is (good) for whatever it is intended."

Suwaid bin Saeed reported: "When the water of Zamzam was brought to Abdullah bin Al-Mobarak I saw that he drank a little, then turning his face towards the Ka'bah supplicated, 'O Allah! Ibn Abi Al-Mawali told us on the authority of Mohammad bin Al-Monkader, who narrated from Jaber that the Messenger of Allah (peace be upon him) said, "The water of Zamzam is good for whatever one intends (while drinking it)." I intend to drink this water to spare myself from going thirsty on the Day of Judgment.' Then he drank the rest of the water." (Reported by Al-Baihaqi, and Ahmad with a sound chain of authorities)

Ibn 'Abbas reported that the Prophet (peace be upon him) said, "The water of Zamzam is good for whatever one intends (while drinking it). If you drink it seeking healing, Allah will give you healing. If you drink it to satisfy your hunger, Allah will satisfy your hunger. If you drink it to quench your thirst, Allah will quench your thirst. Zamzam is a well dug by the angel Gabriel by which Allah quenched the thirst of Isma'il." This was reported by AdDaraqutni and Al-Hakim who added, "And if you drink it seeking refuge with Allah, Allah will give you refuge."

It is desirable that one should drink Zamzam water in three breaths, face the Qiblah, drink as much as possible, praise and thank and supplicate to Him as Ibn 'Abbas did. Abu Molaikah reported: "A man came to Ibn 'Abbas. He asked the man, 'Where are you coming from?' The man replied: 'I am coming from the well of Zamzam.' Ibn 'Abbas asked him, 'Did you drink of it as you are supposed to?' "The man asked: 'O Ibn 'Abbas, how am I supposed to drink it?' Ibn 'Abbas replied: 'When you drink its water you should face the direction of the Qiblah, remember Allah, drink it in three breaths, drink as much as you can, and praise and thank Allah when you finish drinking.' The Prophet (peace be upon him) said, ' A major difference between us and the hypocrites is that they do not drink their fill of the Zamzam water'." (Reported by Ibn Majah, Ad-Daraqutni and Al-Hakim)

Ibn 'Abbas used to supplicate Allah, whenever he drank Zamzam water: "Allahumma inni as'aluka 'ilman nafi`an wa rizqan wasi'an wa shifa an min kuli da in (O Allah! Grant me beneficial knowledge, bountiful provision, and a healing from every disease)."

Fiqh 5.82: The Origin of Zamzam Well

Explaining the origin of Zamzam Ibn 'Abbas said: "When Hajar reached the (mountain) of Marwah in search of water for her baby son Isma'il and herself to quench their thirst. she heard a sound, and said to herself, "Quiet." She again heard the sound, whereupon she said, "I have heard you. Help me, if you can." All of a sudden she found an angel at the place where now Zamzam is. He either dug it with his heel or touched it (the ground) with his wing and a spring of water appeared. Hajar encircled the water with soil. She took some water in a container she had, and water kept bubbling up unchecked."

Ibn 'Abbas reported that the Prophet (peace be upon him) said, "'May Allah shower His mercy on Isma'il's mother. Had she left it untouched, or (the narrator is not sure) the Prophet said, had she not drunk of its water, the Zamzam would have turned into a clearflowing spring.' He added, 'So she drank the water and gave some to her son.' The angel said to her, 'Fear no loss, because this is the site of Allah's House, which this boy and his father shall build. Allah never permits His servant to be lost. At the site of the House was a hill that was split by flood waters running down its right and left."'

Fiqh 5.82 a: Excellence of Supplications at Al-Multazim

Al-Multazim is the part of Ka'bah between its door and the Black Stone. After drinking the water of Zamzam, it is recommended that one should make special supplications at Al-Multazim. Ibn 'Abbas reported that he used to stand between the Black Stone corner and the Ka'bah door and said, "The space between the Black Stone and the door of the Ka'bah is called 'AlMultazim' and whoever stands here and supplicates to Allah, he gives him whatever he supplicates for." (Al-Baihaqi)

'Amr bin Shu'aib reported from his father, and he from his father that he said, "I have seen the Prophet (peace be upon him) placing his face and chest against Al-Multazim."

(Some scholars including Bukhari say Al-Hateem is Al-Multazim. To support their view they cite the hadith of the Night Journey in which the Prophet (peace be upon him) said "While I was asleep in (the area called) ' al-Hateem" or also called "al-Hijr...")

This is based on the statement of Ibn 'Umar in which he said "I never saw the Prophet (peace be upon him) touching any other parts of Ka'bah except the two corners: The Black Stone and the Yemeni corner." And he added, "No matter how hard and difficult the circumstances, I have not failed to touch these two corners - the Yemeni Corner and the Black Stone - ever since I saw the Prophet (peace be upon him) doing so." (Reported by Bukhari and Muslim)

Fiqh 5.82 b: Entering Ka'bah and Hijr Isma'il and its Excellence

Ibn 'Umar reported that the Prophet (peace be upon him) entered the Ka'bah along with Usamah bin Zaid, and Uthman bin Talhah and closed its door behind them. When they came out, Bilal informed me that the Prophet (peace be upon him) offered a prayer inside the Ka'bah between the two Yemeni corners." (Bukhari and Muslim) This has led some scholars to conclude that entering Ka'bah and offering prayer inside it is sunnah. Others, however, say that even if it is a sunnah, it is not a part of Hajj rites, as stated by Ibn 'Abbas when he said: "O people, entering the Ka'bah is not one of the rites of Hajj.'' (Reported by al-Hakim with a sound chain of authorities)

For a pilgrim unable to enter the Ka'bah it is recommended that he should enter the Hijr Isma'il and offer prayer there, because it is a part of the Ka'bah. Ahmad reported on sound authority from Sa'id bin Jubair that 'Aishah said: "O Prophet of Allah ! All your family except me have been inside the Ka'bah ! " The Prophet (peace be upon him) said to her, "Send for Shaibah (His name was Ibn 'Uthman bin Talhah; he was tbe key-bearer of the Ka'bah) so that he should open the door for you." She did as he had told her to do. Shaibah said, "We could never open it, during the night during the pre-Islamic days, nor during the days of Islam. The Prophet (peace be upon him) told 'Aishah, "Pray inside the Hijr Isma'il. It is a part of Ka'bah, but your people left it out while rebuilding the Ka'bah and did not include it in its structure."

Fiqh 5.85: SA'I BETWEEN SAFA AND MARWAH, Historical Background

Ibn 'Abbas said: 'Prophet Ibrahim (peace be upon him) brought Hajar, his wife, and her son Isma'il (peace be upon them), whom she was still nursing, and left them at (the site of) the House of Allah under a tree above the Zamzam. Makkah at that time was a place where there was neither water nor any dweller. He left a bag of dates and a container of water for them. Then Ibrahim (peace be upon him) turned to go away. Isma'il's mother said to him, "O Ibrahim! Where are you going? And who are you leaving us to in this valley without a companion or a thing?" She repeated this several times but he did not respond. At last she asked him, "Has Allah commanded you to do so?" He answered, "Yes." Thereupon she said, "Then He will not let us perish!'' (Bukhari) In another narration we read: "She asked him, 'Who are you leaving us to?' He answered, 'To Allah' whereupon she responded, 'I am satisfied,' and turned back."

Ibrahim left and when he reached a mountain pass where he could no longer see them, he turned his face toward the Ka'bah and with his hands raised, supplicated, "O Our Lord! I have made of my offspring to dwell in a valley without cultivation by your Sacred House; in order Our Lord, that they may establish regular prayer: so fill the hearts of some among men with love towards them, and feed them with fruits, so that they may give thanks!" (Qur'an 14.37)

Hajar sat under the tree with her baby next to her. She drank from her water container hanging nearby, and nursed her baby, until all the water she had was gone, her milk dried out. Her son grew hungrier and hungrier. She could hardly bear to look at him. She went and stood at Safa - the hill nearest to her. She looked down the valley to see if there was someone around to help. She could see no one. So, she climbed down Safa and reached the valley. She struggled hard, crossed the valley and reached Marwah. She stood on Marwah, and looked around. Still she could see no one around. She repeated this seven times. Ibn 'Abbas added, "The Prophet (peace be upon him) said: 'It is (to commemorate this walk) that pilgrims walk between Safa and Marwah."'

Fiqh 5.86: Its Legal Status

There is disagreement among scholars concerning the legal status of Sa'i between Safa and Marwah. These scholars may be divided into three groups:

1 'Aishah, and from among the Companions Ibn 'Umar, and Jabir hold that Sa'i of Safa and Marwah is an essential part of Hajj rites. Malik, AshShafi'i, and Ahmad (according to one narration from him) also hold a similar opinion. Thus if a pilgrim fails to perform Sa 'i his Hajj will be void and his offering of a sacrifice will not be enough to make up for it. These scholars based their opinion on the following:

2 Ibn 'Abbas, Anas, Ibn Al-Zubair, Ibn Sirin, and Ahmad - according to one narration from him - hold that Sa'i is sunnah, which if not performed, no penalty is incurred by the person neglecting it.

It is reported that the Mushaf of Ubaiy and Ibn Mas'ud read " ..if those who visit the House in the season or at other times, should not compass them, it is no sin in them." This is not the Qur'anic text, but it does convey an important piece of information and an interpretation of the Qur'anic text.

3 Abu Hanifah, Thawri and Hasan hold that Sa'i between Safa and Marwah is an essential rite (wajib), but it is not obligatory for Hajj and 'Umrah. Therefore, if a pilgrim failed to perform it, he must pay a penalty (slaughter a sheep in sacrifice).

The author of Al-Mughni prefers this opinion, and says:

1 This is preferable, because the argument of those holding it to be wajib supports the absoluteness of the obligation rather than the principle that anything needed to fulfill an obligation (wajib) is also obligatory (wajib).

2 'Aishah's statement in this respect is different from what other Companions of the Prophet (peace be upon him) have narrated.

3 The hadith of the daughter of Abi Tajrah has among its narrators one called Abdullah bin Al-Mu'mal, who is controversial. According to him it is obligatory, whereas it is only wajib.

4 The verse quoted above was revealed concerning those people who feared they would be committing a sin if they walked between Safa and Marwah as they used to do in the days of Jahiliyya while two idols were set on top of Safa and Marwah.

Fiqh 5.87: Prerequisites for Sa'i

For Sa'i to be valid and acceptable, it must meet the following conditions:

1 Should be performed after tawaf.

2 Must be performed in seven rounds.

3 Must begin from Safa and end at Marwah.

4 Must be performed in Al-Mas'a, the path between Safa and Marwah, because the Prophet (peace be upon him) did so, and moreover he explicitly told us: "Take your (religious) rites from me." Therefore, a Sa'i performed without performing tawaf prior to it, or one that starts from Marwah and ends at Safa, or is performed in a place other than the specified area (between Safa and Marwah), is void. (The Hanafi school holds that Sa`i after tawaf and beginning it at Safa and ending it at Marwah, are two essential conditions for the validity of Hajj . Thus if someone made a Sa`i before making tawaf, or begins his Sa`i at Marwah, and ends it at Safa, his Sa`i is valid, but he is required to slaughter an animal)

Fiqh 5.88: Climbing the Safa Mountain

Climbing on op of Safa or Marwah is not a necessary condition for Sa'i, but one must walk back and forth the full distance between these two points. In case any part of this distance is left untraversed the Sa'i will remain incomplete.

Fiqh 5.88 a: Continuity of Sa'i Between Safa and Marwah

Continuity in Sa'i is not a necessary condition for its validity. (Malik holds. however. that continuity of Sa`i, without a long break, is a necessary condition for it) Thus if a pilgrim stops Sa'i (between Safa and Marwah) for some reason, e.g., it is prayer time and he joins the congregation, in all such cases he may resume his Sa'i when the reason forcing him to stop is no longer there, and begin from where he had left it.

It is reported that Ibn 'Umar used to perform Sa'i between Safa and Marwah, and whenever he had to answer the call of nature, he would stop, relieve himself, make ablution, and then go back and resume his Sa'i, (Reported by Sa'id bin Mansur) because the continuity in Sa'i is not required.

The author of Al-Mughni observes: "Ahmad says there is no harm in delaying the Sa'i after performing tauaf until one is rested, or postponing it until evening. 'Ata and Al-Hasan also see no harm in someone making tawaf early in the day and postponing the Sa'i between Safa and Marwah until evening. Al-Qasim and Sa'id bin Jubair followed this, because the continuity of Sa'i is, as such, not a condition, much less the continuity of tawaf and Sa'i.

Sa'id bin Mansur reported that Saudah, the wife of 'Urwah bin al-Zubair performed Sa 'i between Safa and Marwah and because she was a big and heavy woman, she completed it in three days.

Fiqh 5.88 b: Purification For Sa'i

Most scholars are of the opinion that purification is not necessary for performing Sa'i between Safa and Marwah, in light of what the Prophet (peace be upon him) said to 'Aishah once when she menstruated. He told her, "You may perform all rites (of Hajj ) as other pilgrims do, except performing tawaf around the Ka'bah which you may do after you are clean and no longer menstruating." (Muslim) 'Aishah and Umm Salamah said, "A woman who performs the tawaf, offers a two rak'ah prayer (by the Station of Ibrahim), and then finds that her period has started, may perform Sa'i between Safa and Marwah.'' (Reported by Sa'id bin Mansur) It is preferable, however, to be in a state of complete purity while performing various rites of Hajj or 'Umrah, because cleanliness is commendable in Islam.

Fiqh 5.89: Riding and Walking During the Sa'i

Sa 'i may be performed either riding or walking, but walking is preferable. In the hadith narrated by Ibn 'Abbas we find that the Prophet (peace be upon him) performed Sa'i on foot, but when the overcrowding increased and he found that the people wanted to know more (about their religion), he rode his mount so that they could see him and ask him (whatever they wanted to ask).

Abu At-Tufail asked Ibn 'Abbas, "Tell me about the Sa'i between Safa and Marwah - is it (really) sunnah to perform it riding, for your people claim it is?" Ibn 'Abbas replied, "They are right, but they are wrong." Then he added, "The people crowded around the Prophet (peace be upon him), saying 'This is (Prophet) Muhammad, this is (Prophet) Muhammad. Even young girls came out of their houses to see him. So when the people overcrowded he mounted on his camel, because the people were not beaten back (to make way for the Prophet)."

Muslim reported that walking in Sa'i is better, and riding, though permitted, is disliked. Tirmizhi has reported that a group of knowledgeable people disliked that someone should perform tawaf of the House and make Sa'i between Safa and Marwah riding on a mount without any genuine excuse. This is the opinion of Ash-Shafi'i.

The Malikites hold that a person who performs Sa'i between Safa and Marwah riding without any genuine reason, must repeat it, if there is still time for him to do so. And if there is no time, then he must offer a sacrifice in penalty, because it is wajib (obligatory) for him if he is able to walk. Abu Hanifah holds a similar view. According to these scholars the Prophet (peace be upon him) performed the Sa'i riding because of the large number of people around him.

Fiqh 5.89 a: Jogging Between the Two Green Markers

Walking between Safa and Marwah is commended, except between the two markers where jogging is encouraged. The hadith of the daughter of Abi Tajrah tells us that the Prophet (peace be upon him) jogged so hard that his lower garment was wrapped around his body.

Thus jogging between these two markers is preferable, but walking is also permissible between them. Sa'id bin Jubair reported: "I have seen 'Umar walking between Safa and Marwah." Then he added, "If you want to, you may walk, because I have seen the Prophet (peace be upon him) walking. So, if you want to jog, you may jog, because I have seen the Prophet (peace be upon him) jogging, but I am an old man."l' This applies to a male pilgrim only. As for a woman, she is not required to walk fast between these two points. She should walk at her normal pace. Ash-Shafi'i has reported that once 'Aishah saw some women walking fast whereupon she said to them, "You should follow our example. You are not obligated to jog (while performing Sa'i)".