Fiqh 5.90: Making Supplications on Safa and Marwah

Climbing Safa and Marwah and making supplications for one's material and spiritual well being and welfare is encouraged. During the supplications one should face Ka'bah.

It is well known that the Prophet (peace be upon him) went through the Safa gate, and on approaching Safa he recited the Qur'anic verse 2.158 "Verily, Safa and Marwah are among the symbols of Allah" and then saying "I begin with what Allah Himself began" he climbed Safa until he could see the Ka'bah from where he stood. He faced the Ka'bah, thrice proclaimed Allah's Oneness, glorified Him, praised Him, and then said, "There is no deity worthy of worship except Allah. He has no partners. To Him belongs the kingdom and all praise. He alone grants life and causes death, He has power over all things.

There is no God but He. He has fulfilled His promise, given victory to His servant, and He alone defeated the confederates." Thrice he made similar supplications. Then he walked toward Marwah and climbed it, until he could see the Ka'bah. There he made supplications as he had at Safa.

Nafi' has reported that he saw Abdullah bin 'Umar standing on Safa and supplicating in these words: "O Allah! You have said 'Call Me and I shall respond to your call.' Verily, You do not break Your promise. O Allah! I pray that just as You guided me to Islam, so divest me not of it until the day you cause me to die."

Fiqh 5.90 a: Supplications Between Safa and Marwah

Making supplications, remembrance of Allah, and reciting the Qur'an while walking between Safa and Marwah are all desirable. It is reported while making Sa'i the Prophet (peace be upon him) used to supplicate, "O my Lord, forgive me, have mercy upon me, and guide me to the straight path." Also he used to supplicate, "O my Lord, forgive me, and have mercy upon me. You are the most Honorable, most Dignified."

After performing Tawaf and Sa'i a pilgrim completes the rites of 'Umrah. Similarly a person performing Hajj Tamattu' may terminate his state of ihram by clipping some of his hair short or else shave it all. However, a pilgrim should keep his state of ihram if he is performing Hajj Qiran. Such a pilgrim may terminate his state of ihram on the Day of Sacrifice (Yaum un-Nahr) after the sacrifice. For a qarin pilgrim, this Sa'i will suffice in place of the one other pilgrims are required to make after Tawafal Fard when they return from Mina. As for those pilgrims who join Hajj with 'Umrah with a break in between (i.e., who make Hajj Tamattu'), they must perform another Sa'i and stay in Makkah until Yaum al-Tarwiya (the 8th of Zhul-Hijjah).

Fiqh 5.93: Moving out to Mina

It is sunnah to move to Mina on the 8th of Zhul-Hijjah. So all pilgrims, who are performing Hajj Qiran or Hajj Ifrad, they should proceed in their ihram to it. Those performing Hajj Tamattu' should on that day put on ihram (as they did the first time at the miqat and proceed to Mina with others. According to sunnah a pilgrim performing Hajj Tamattu' should put on his ihram from the place of his stay. If he is in Makkah he should assume ihram from Makkah, otherwise he may assume ihram trom wherever he is staying. In a hadith we read, "He who is staying at Makkah, should put on ihram from where he is staying. The residents of Makkah should put on their ihram from Makkah."

It is commended that one should make supplications and say talbiyah as much as possible while moving to Mina, and should offer Zuhr, 'Asr, Maghrib and Isha prayers at Mina, and spend the night there, and not depart from it until the sunrise of the ninth day of Zhul-Hijjah. following the example of the Prophet (peace be upon him). If anyone misses any of these he will be missing a sunnah act, but he is not required to do anything to compensate for it. Ibn Al-Munzhir has reported that 'Aishah did not leave Makkah on the 8th of Zhul-Hijjah till quite late, after one third of the night had passed.

Fiqh 5.93 b: Leaving Makkah Before the 8th of Zhul-Hijjah

Sa'id bin Mansur reported that Al-Hasan used to leave Makkah for Mina a day or two before Yaum al-Tarwiya (on the 6th or 7th of Zhul-Hijjah). Malik, however, disliked it, and also disliked that one should stay in Makkah until the evening of Yaum al-Tarwiya, except when it is Friday and one is still in Makkah and it is time for the Friday prayer. In such a case one must offer Friday prayer before leaving for Mina.

Fiqh 5.94: Moving to Arafat

After the sunrise of the 9th day of Zhul-Hijjah, it is sunnah to leave for Arafah by way of Zhabb while uttering takbir (Allahu Akbar), tahlil (La ilaha il-lal-lah), and talbiyah (Labaika Allahumma lab-baik).

Mohammed bin Abi Bakr Al-Thaqafi said: "I asked Anas bin Malik regarding talbiyah, while we were on our way to Arafah from Mina, 'How did you do it while you were with the Prophet (peace be upon him)?' Anas answered, 'Some (of us) said talbiyah, while others said takbir, and yet others repeated La ilaha il-lal-lah. And the Prophet (peace be upon him) did not disapprove of any of them."' This is reported by Bukhari and others.

It is desirable to stop at Namira and take an ablution or bath in preparation for one's stay at Arafah. Furthermore, it is liked that one should enter Arafah at the time appointed for staying there which is after midday.

Fiqh 5.94 a: Spending the Day at Arafah, Its Excellence

Jabir reported that the Prophet (peace be upon him) said, "The ten days of the month of Zhul-Hijjah are the best days in the sight of Allah." A man asked, "Are these days better than an equivalent number of days that are spent fighting for the cause of Allah?" The Prophet (peace be upon him) answered, "They are better than an equivalent number of days spent fighting in the cause of Allah. And there is no day better in the sight of Allah than the Day of Arafah. On this day Allah, the Almighty and the Exalted One, descends to the nearest heaven, and He is proud of His slaves on the earth, and says to those in heaven, "Look at My servants. They have come from far and near, with hair dishevelled and faces covered with dust, to seek My Mercy, even though they have not seen my chastisement. Far more people are freed from the Hellfire on the Day of Arafah than on any other day." Al-Munzhri said that this hadith was reported by Abu Ya'la, al-Bazzar, Ibn Khuzaimah, and Ibn Hibban, in whose wording it is given here.

Ibn Al-Mubarak reported from Sufyan Al-Thauri, he from Az-Zubair bin Ali, and he from Anas bin Malik that he said: "The Prophet (peace be upon him) spent the day at Arafah until almost sunset. Then he said, 'O Bilal! Ask the people to be quiet and listen to me.' Bilal stood up and asked the people to be quiet and listen to the Prophet (peace be upon him). When the people were quiet, the Prophet (peace be upon him) said: O People! A little while ago Gabriel (peace be upon him) came to me. Gave me salutations from Allah, and informed me that Allah has forgiven those who spend the Day at Arafah, and those who stop at Mash'ar al-Haram, and that He has guaranteed their debts.'

At this 'Umar bin al-Khattab stood up and asked, 'O Allah's Messenger, is this for us only?' The Prophet (peace be upon him) said, "This is for you, and for all those who will come after you until the Day of Judgment.' 'Umar exclaimed, 'How plentiful and blissful Allah's bounties are!"'

Muslim and others have reported from 'Aishah that the Prophet (peace be upon him) said: "Allah frees far more people from Hellfire on the Day of Arafah than on any other day, and that Allah comes closer this day and proudly says to the angels, 'What do these people want and seek?"'

Abu Darda reports that the Prophet (peace be upon him) said, "On no other day does the Satan feel so belittled, humiliated, and angry as he does on the Day of Arafah." The reason for this is the mercy of Allah that descends (this day) and the forgiveness that He grants to people for major sins, except the day of the Battle of Badr which witnessed a far greater mercy of Allah descending upon people which caused great sadness to Satan.

The Prophet (peace be upon him) was asked, "O Prophet of Allah! What did Satan see on the day of the Battle of Badr?" "He saw Gabriel leading the troops of Angels," he replied. (Reported by Malik as a mursal hadith and by Al-Hakim with an unbroken chain)

Fiqh 5.94 b: Spending the Day

There is consensus among the Muslim scholars that spending the Day at Arafah is the most important part of Hajj. Ahmad and the compilers of the Sunan have reported from Abdur Rahman bin Ya'mur that the Prophet (peace be upon him) ordered an announcer to proclaim "Hajj is (spending the day at) Arafah, so he who joins other pilgrims on the night of Muzdalifah before dawn, will be considered as having performed Hajj."

Fiqh 5.95: Time for Arafah

Most Muslim scholars are of the opinion that the time to spend in Arafah begins from noon of the 9th day of Zhul-Hijjah until dawn of the 10th of Zhul-Hijjah, and that any part of this period of time, day or night, may be spent in Arafah (to fulfill this condition). A pilgrim choosing to spend the day time at Arafah must stay there until after the sunset. But if someone spends the night at Arafah he is not obligated to stay for any specific length of time. Ash-Shafi'i holds that extending the stay at Arafah until nightfall is sunnah.

Fiqh 5.95 a: The Significance of Staying at Arafah

Staying at Arafah means physical and mental presence in any part of Arafah, whether one is awake, asleep, riding, sitting, lying down, walking, and regardless of whether one is in a state of purity or not, e.g., a menstruating woman, or one giving birth, or a person having a wet dream. The scholars differ, however, about the position of one who faints and remains in a coma until he leaves Arafah. Abu Hanifah and Malik hold that the Hajj of such people is valid.

Ash-Shafi'i, Ahmad, Al-Hasan, Abu Thawr, Ishaq, and Ibn Al-Munzhir hold that such a person's Hajj is invalid, because it is an essential part of Hajj, and a person in a coma cannot perform this or any other rites of Hajj.

After reporting the above hadith of Ibn Ya'mur, Tirmizhi remarks: "Sufyan Al-Thawri said that the knowledgeable Companions of the Prophet (peace be upon him) and others followed this hadith and held that a person failing to spend the day or a portion thereof at Arafah before the dawn of the 10th of Zhul-Hijjah, or arriving there after the sunrise, misses Hajj. Such a person should consider his present Hajj as an 'Umrah, and must repeat it the next year. This is the opinion of Ash-Shafi'i, Ahmad, and others.

Fiqh 5.96: Staying by the Rocks

A pilgrim may spend the Day of Arafah anywhere within the bounds of Arafah for all of it is equally good for encamping (on this particular day) except the bottom of the valley called 'Urnah to the west of Arafah. There is consensus that spending the Day of Arafah at ' Urnah is not sufficient to fulfill the condition of staying at Arafah.

Spending time near the rocks or as close to them as possible is commended. The Prophet (peace be upon him) stopped at this place and said, "I have stopped here, but the whole of Arafah is a stopping place (for the Day of Arafah)." (Reported by Ahmad, Muslim, and Abu Daw'ud on the authority of Jabir) Climbing the Mountain of Mercy or the belief that standing on it is better than standing in any other place is wrong. Nor does doing so represent a sunnah of the Prophet (peace be upon him).

Fiqh 5.96 a: Taking a Bath

It is desirable that one should take a bath before encamping in Arafah. Ibn 'Umar used to take a bath on the eve of the Day of Arafah, as reported by Malik. Similarly 'Umar (may Allah be pleased with him) used to take a bath in Arafah while he was in the state of ihram.

Fiqh 5.96 b: Etiquette of Standing and Making Supplications

One must maintain a complete state of purity. face the direction of Ka'bah, seek forgiveness of Allah as much as possible. glorify Allah, and supplicate for one's well being and well:are in this Iife and in the Hereafter, and for others, with fervor, attention, and with hands raised in supplication.

Osamah bin Zaid reported: "I was riding behind the Prophet (peace be upon him) in Arafah, while he raised his hands in supplications to Allah." (Reported by Nasa'i)

'Amr bin Shu'aib reported from his father and his grandfather, who said that on the Day of Arafah the Prophet (peace be upon him) mostly supplicated in these words: "La ilaha illallahu wahdahu la sharika lahu, lahul mulk wa lahul hamd, biyadihil khair wa huwa 'ala kulli sha'in qadeer (There is no deity worthy of worship but Allah Alone. He has no partners. To Him alone belongs the Kingdom, and all praise. In His hand is all the good, and He has power over all things)."

It is reported by Ahmad and Tirmizhi (and this is the wording of Tirmizhi) that the Prophet (peace be upon him) said, "The best supplication is that of the Day of Arafah, and the best thing that I and other Prophets before me said is: 'La ilaha illallahu wahdahu la sharika lahu lahul mulk wa lahul hamd wa huwa 'ala kuli sha'in qadeer."'

Al-Hussain bin Al-Hasan Al-Maruzi reported: "I asked Sufyan bin 'Oyainah, 'What is the best supplication for the Day of Arafah?' He said, 'La ilaha illallahu wahdahu la sharika lahu.' I said, 'But this is glorification of Allah and His praise, and it is not a supplication.' Thereupon Sufyan said, 'Don't you know the hadith of Malik bin Al-Harith which explains it.' I said to him, 'Tell me about it.' He said, 'Mansur narrated from Malik bin Al-Harith that he said "Allah, the Almighty, and the Exalted One, says: 'If a servant of Mine occupies himself in extolling and praising Me instead of asking Me for his needs I give him better than what I give to those who ask for their needs."' Then he added, 'This explains the saying of the Prophet (peace be upon him).' He continued and said, "Haven't you heard what Ummaya bin Abi Al-Salt said to Abdullah bin Jad'an when he sought the hand of Na'ilah in marriage?" I said, "No." At this he said, "Ummaya recited (these lines of poetry) to Abdullah bin Jad'an: Do I have to tell you my need, or your modesty is enough (to plead my case), for modesty is your disposition, You are conversant with rights (and obligations) and come of a family polite and respectable, When someone praises you once he need not repeat it again!

Then Sufyan added, "O Hussain, you see how the humans are pleased with praise and are ready to grant request without even asking. What about their Creator then?"

Al-Baihaqi reported from Ali (with a weak chain of narrators) that the Prophet (peace be upon him) said, "The supplication most frequently used by the Prophets before me and by me on the Day of Arafah is this: 'La ilaha illallahu wahdahu la sharika lahu, lahul mulk wa lahul hamd wa huwa 'ala kuli sha'in qadeer. Allahumma 'ij'al fi basri nuran wa fi sam'i nuran wafi qalbi nuran. Allahumm ashrah li sadri wa yassir li amri. Allahumma 'uzhubika min waswasis sadri wa shatatil amr wa sharri fitnatil qabr wa sharri ma yaliju fil lail wa sharri ma yaliju fin naharwa sharri ma tahubu bihi riyah wa sharri bawa'iqid dahr (There is no deity worthy of worship but Allah alone. He has no partners. To Him belongs the kingdom and all praise, and he has power over all things. O Allah! place light (guidance) in my sight, in my ears, and in my heart. O Allah! Open my chest and ease my work. O Allah! I seek refuge with You from evil whispers, from confusion, from the trial of the grave, from the evil that takes place during the day or night, from the evil carried by the winds, and from the afflictions of the world."

Tirmizhi also reported from Ali that the supplication used most of the time by the Prophet (peace be upon him) during his stay in Arafah was: "Allahumma lakal hamdu kallazhi naqulu wa khairam mimma naqulu, Allahumma laka salati wa nusuki wa mahyaya wa mamati wa ilaika ma'abi wa laka rabbi turathi allahumma inni a'uzhubika min 'azhabil qabri wa waswasatis sadri wa shatatil amri allahumma inni a'uzhubika min sharri ma tahubbu bihi riyhu (All praise belongs to You, O Allah! as we say, and better than what we can say. O Allah! My prayers, my worship, my life and my death are all for You. O Allah! To You is my return, to You belong what I own. O Allah! I seek refuge with You from the torment of the grave, the evil whispers, confusion, and from whatever the wind may bring.)

Fiqh 5.98: Spending the Day at Arafah - An Abrahamic Tradition

Mirba' Al-Ansari reported that the Prophet (peace be upon him) said: "You must azhere to the traditions and rituals (of Hajj), for these have come down to you from (your forefather) Ibrahim in heritage." This was reported by Tirmizhi as a sound hadith.

Fiqh 5.99: Fasting on the Day of Arafah

It is confirmed that the Prophet (peace be upon him) did not fast on the Day of Arafah. The Prophet (peace be upon him) said: "Verily the Day of Arafah, the Day of Sacrifice (Yaum al-Nahr), and Ayam Tashriq (the 10th, 11th and 12th of Zhul-Hijjah) are our days of festivities. These are the days of eating and drinking." It is also established that the Prophet (peace be upon him) forbade fasting on the Day of Arafah while at Arafah (for pilgrimage).

This has led most of the scholars to conclude that in fact not fasting on the Day of Arafah is desirable, so that a pilgrim should be strong enough to devote himself wholeheartedly to worship and supplications.

Some of the ahadith that encourage fasting on the Day of Arafah concern the persons who are not staying at Arafah as pilgrims performing Hajj.

Fiqh 5.99 a: Combining Zuhr and 'Asr Prayers at Arafah

According to the authentic ahadith the Prophet (peace be upon him) combined Zuhr and 'Asr prayers while at Arafah. For this, azhan - call for the prayer - was given, then iqamah - the second call for prayer - was made. Then he offered Zuhr. After this, another iqamah was made and he offered 'Asr prayer.

Al-Aswad and 'Alqamah said: "For the completion of Hajj, Zuhr and 'Asr prayers must be offered at Arafah in congregation behind an imam."

Ibn Al-Munzhir said: "There is consensus among the scholars that the imam must combine Zuhr and 'Asr prayers at Arafah, and so should any one offering prayer with the imam." And in case one cannot combine these and pray behind an imam, one should combine them while praying alone.

It is reported that Ibn 'Umar used to reside at Makkah, but when he went to Mina he would shorten his prayers. 'Amr bin Dinar reported that Jabil bin Zaid told him: "Shorten your prayers at Arafah." This is reported hv Sa`id bin Mansur.

Fiqh 5.99 b: Returning from Arafah

According to sunnah, pilgrims should leave Arafah quietly and peacefully after sunset. The Prophet (peace be upon him) left Arafah very peacefully and quietly, holding the reins of his she camel so tightly that its head touched its back, while he said to the people, "O people, walk calmly; rushing or making haste is not a virtue." This is reported by Bukhari and Muslim. They also reported that the Prophet (peace be upon him) let his she camel go at normal pace, but when he found ample space in front of him he urged it to go faster." He did this out of compassion and consideration for the people.

It is desirable for pilgrims to utter talbiyah and make remembrance of Allah as much as possible. The Prophet (peace be upon him) repeated talbiyah right until he threw pebbles at Jamarah Al-'Aqabah. Ash'ath bin Sulaim reported from his father that he said, "I went with Ibn 'Umar from Arafah to Muzdalifah. He did not stop making remembrance of Allah and declaring His Oneness until we reached Muzdalifah." This is reported by Abu Daw'ud.

Fiqh 5.10: Hajj of a Woman

Hajj is obligatory both for women and men alike; they must perform it whenever they meet the above mentioned prerequisites for it. In the case of a woman it is essential that she be accompanied by her husband or some other mahram (Al-Hafiz said in his Al-Fath: "According to the scholars. the condition for being a mahram to a woman is that legally it should be impossible for such a man to ever marry her) relative on the journey for Hajj.

Ibn 'Abbas reports: "I heard the Prophet (peace be upon him) saying: 'A man must never be alone with a woman unless there is a mahram with her. A woman also may not travel with anyone except a mahram relative.' A man stood up and asked: 'O Prophet of Allah! My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do?" The Prophet (peace be upon him) replied, 'Go and join your wife in Hajj." (Reported by Bukhari and Muslim; the words given here are of Muslim's. This order underlines something desirable; it does not obligate the husband or the mahram to travel with the woman, if there is no one else but him. No one is obligated to give up his convenience so that another person might do what is not required of him)

Yahya bin 'Abbad reported that a woman from Iraq wrote to Ibrahim AnNakh'i: "I have not yet performed the prescribed Hajj; for although I am rich, I have no mahram who may accompany me on this trip." He wrote her back: "You are one of those whom Allah has not given the means to perform (Hajj)." Abu Hanifah, Al-Hassan, At-Thauri, Ahmad and Ishaq all hold a similar view on this issue.

Al-Hafiz says: "Among the Shafi'ite scholars the most commonly accepted opinion in this regard is that a woman may travel with her husband, or one of her mahram relatives, or a group of trustworthy women, or even one such (trusted) woman companion. According to one view, reported by Al-Karabisi and recorded as sound in Al-Muhazhib, a woman may travel by herself provided the way to Hajj is secure and safe. This applies to both Hajj and 'Umrah.

It is reported in Subul as-Salaam: "A group of scholars hold that an old woman may travel without being accompanied by any mahram relative."

This permission for a woman to travel without a mahram in the company of trusted companions or when the journey to Hajj is safe is supported by what is reported by Bukhari from 'Adi ibn Hatem, who says: "I was with the Prophet (peace be upon him) when a man came to him and complained of poverty. Another man complained about highway robbery. Thereupon the Prophet (peace be upon him) said: 'O 'Adi! Have you seen the city of Hira in Iraq?' I said: 'No, but I have heard about it.' The Prophet (peace be upon him) said: 'If you lived long enough you will see that a woman will travel from Hira and will perform Tawaf round Ka'bah, and she will have no fear except that of Allah."

This opinion is supported by the fact that 'Umar gave permission to the wives of the Prophet (peace be upon him) to perform Hajj while accompanied by 'Uthman and Abdur-Rahman ibn 'Awf. 'Uthman would announce them to people telling them to avoid looking at them or coming close to their camels.

If, however, a woman fails to abide by this provision and performs Hajj alone - without being accompanied by any mahram - her Hajj would still be valid.

The author of Subul as-Salaam says that Ibn Taimiyyah said: "Hajj of a woman without a mahram is valid, and likewise of a person who is financially not able to perform it."

In brief, those for whom Hajj is not compulsory due to sickness, poverty, fear of highway robbery, or in the case of a woman because no mahram is available to accompay her, if these people nonetheless perform Hajj, it will be credited to their account. Some of them try their best (and exert themselves to the utmost) like those performing Hajj on foot, while others are guilty of sins, such as those who beg others to help them perform Hajj, or a woman that performs Hajj without a mahram male companion. Notwithstanding their valid excuse, if any of these people perform Hajj, it will be quite valid, for their sin relates to their (choice of unlawful) means and has no bearing on the objective as such.

It is reported in Al-Mughni: "If a person, not obliged to perform Hajj because he is unable (financially) to do so, should seek to perform Hajj, suffering hardship, traveling on foot and without necessary provisions, his Hajj will be quite valid and acceptable."

Fiqh 5.100: Combining Maghrib and 'Isha

Upon arriving in Muzdalifah the Prophet (peace be upon him) offered Maghrib and two rak'ahs for 'Isha (making qasr). He ordered one single call for both 'Isha and Maghrib, but a separate iqamah for each. No other supererogatory prayer is to be olfered in between these two prayers. In the hadith recorded by Muslim we read that the Prophet (peace be upon him) arrived in Muzdalifah, and combined the Maghrib and 'Isha prayers, with one azhan and two iqamah.s. He did not offer any other prayer in between the two. Combining these prayers is, according to the consensus of the scholars, a sunnah, though there is disagreement as to those who offer these two prayers separately in their times. Most of the scholars consider it permissible, but hold that following the example of the Prophet is far more preferable. Thawri and other knowledgeable people are of the opinion that a pilgrim offering Maghrib prayer at any place other than Muzdalifah must re-do it. They are of the opinion, however, that offering Zuhr and 'Asr prayers separately in their due times is permissible, but it is a disliked act.

Fiqh 5.100 a: Spending the Night at Muzdalifah

Jabir says: "When the Prophet (peace be upon him) reached Muzdalifah, he offered both Maghrib and 'Isha prayers, then he lay down to sleep. He slept until dawn, then he got up and offered Fajr prayer, and mounted his she camel, Al-Qaswa. When he reached Al-Mash'ar Al-Haram he stopped there until there was light all around, then before sunrise, he left the place. There is no evidence to show that the Prophet (peace be upon him) spent the night (at Muzdalifah) in prayers and supplications. This is the correct position about spending the night at Muzdalifah and stopping there in the light of the practice of the Prophet (peace be upon him).

Ahmad holds that spending the night at Muzdalifah is obligatory for all pilgrims except shepherds and water providers for whom it is not obligatory to do so. All the imams of schools of Islamic law consider stopping and spending some time at Muzdalifah obligatory. They do not, however, regard spending the entire night there as obligatory. Spending some time there, means being present physically, in any posture or condition, standing, sitting, being awake or asleep, walking. or passing by.

The Hanafi school is of the opinion that it is obligatory to be present at Muzdalifah before the dawn of Yaum al-Nahr (the 10th of Zhul-Hijjah). So, if one fails to do so without a genuine excuse, one must offer a sacrifice unless one has a genuine excuse in which case one is not obligated to be physically present, nor does one incur any penalty.

The Maliki school holds that stopping at Muzdalifah, before dawn, and spending some time there is enough, while going from Arafah to Mina, is obligatory when one has no excuse to do otherwise. For a pilgrim with a genuine excuse stopping and staying at Muzdalifah is not obligatory.

The Shafi'i school holds that only the physical presence in the second half of the night of the 10th of Zhul-Hijjah at Muzdalifah, after spending the day at Arafah, is obligatory. One is not required to spend the entire night there, nor is it essential even to make sure whether the place one is staying is within the boundaries of Muzdalifah.

It is the sunnah, however, to offer Fajr prayer at its early time, then head for and stop at Al-Mash'ar al-Haram till daylight spreads before the sunrise. One should spend this time in supplication and remembrance of Allah. Allah says in the Qur'an (2.198): "Then when you pour down from (mount) Arafah, celebrate the praises of Allah at the Sacred Monument and celebrate His praises as He has directed you, even though, before this, you went astray. Then pass on at a quick pace from the place whence it is usual for the multitude to do so, and ask for Allah's forgiveness. And Allah is Oft-Forgiving, Most Merciful."

Before sunrise, the pilgrims leave Muzdalifah tor Mina, but when they pass through the valley called Muhassir, they should pass it at a quicker pace.

Fiqh 5.101: Stopping Place at Muzdalifah

One may stop anywhere in Muzdalifah, except the valley called Muhassir (between Muzdalifah and Mina). Jubair bin Mot'im reported that the Prophet (peace be upon him) said: "The entire area of Muzdalifah is a place to stay, but avoid the valley called Muhassir." This is reported by Ahmad with a sound chain of authorities. Spending the time at Muzdalifah at a place called Quzah, (The Quraish used to stop there in the pre-Islamic period instead of staying at Arafah) is, however, better.

In a hadith reported by Ali we read that when the Prophet (peace be upon him) arrived at Joma (a place in Muzdalifah), he stood there and said, "This is Quzah, the place to stop; and the entire Joma is a stopping place." This is reported by Abu Daw'ud and Tirmizhi, who considers it a sound hadith.

Fiqh 5.101 a: Rites of Yaum Al-Nahr (lOth of Zhul-Hijjah)

The rites of the 10th of Zhul-Hijjah are performed in the following order:

These rites begin with throwing the pebbles, followed by offering the sacrifice, shaving one's head, pertorming a tawaf around Ka'bah. Observance of these rites in this sequence is sunnah. If one of these is performed before or after another there is no harm, according to most scholars.

This is the standpoint of Ash-Shafi'i based on a hadith reported by Abdullah bin 'Amr who said: "The Prophet (peace be upon him) stood in Mina during the Farewell Hajj, while the people asked him questions and he answered them. A man asked, 'O Prophet of Allah! I was not alert and I shaved my head before slaughtering my animal?' The Prophet (peace be upon him) said, 'There is no harm, go and slaughter your animal.' Another man asked, 'I slaughtered the animal before I threw the pebbles?' The Prophet (peace be upon him) told him, 'There is no harm. Go and throw the pebbles.'" The narrator said: "Whoever asked the Prophet (peace be upon him) about anything done before or after the other he told him 'No harm done. Go and do (whatever you missed)."'

Abu Hanifah is of the opinion that if someone failed to observe the proper sequence in performing these rites, and he did delay or precede a rite, he must olfer a sacrifice, interpreting the words "no harm done" of the Prophet (peace be upon him) to mean that such a person is not guilty of any sin, but nonetheless such a person has to slaughter an additional animal in atonement.

Fiqh 5.102: The First and the Second Removal of Ihram

After throwing the pebbles on the 10th day of Zhul-Hijjah and shaving the head or clipping some hair of it, a pilgrim is released from all restrictions of the state of ihram. He may now wear perfume, put on regular clothes, etc., except approaching his wife sexually. This is known as the first removal of ihram. After completing Tawaf AI-Ifada, an essential rite of Hajj, everything is permissible for him including approaching his wife sexually. This is called the second or final removal of the state of ihram.

Fiqh 5.102 a: Throwing the Pebbles - Their Origin

Al-Baihaqi reported from Salim bin Abi Al-J'ad that Ibn 'Abbas said that the Prophet (peace be upon him) said: "When Abraham (peace be upon him) wanted to perform the Hajj rites, Satan blocked his way near 'Aqabah. (Jamarah Al-Aqabah is on the left side inside Mina; the Jamarah Al-Wusta (the Middle Jamarah) is at about 11,677 meters from the first one, while Jamarah Al-Sughra (the Smallest Jamarah) is 1,564 meters further from the middle one) Abraham threw seven pebbles at him whereupon the Satan sunk into the ground. Again the Satan appeared to him near the second Jamarah. Abraham threw seven pebbles at him and he again sunk into the ground. Once again the Satan approached him near the third Jamarah, and again Abraham threw seven pebbles at him and once again the Satan sunk into the ground." Ibn 'Abbas added, "You throw pebbles at the Satan, and (in doing so) you follow the path of your (great) forefather Abraham (peace be upon him)." Al-Munzhri said: "This is reported by Ibn Khuzaimah in his Sahih and by Al-Hakim, and it is sound according to their criterion."

Fiqh 5.102 b: Wisdom Behind Throwing Pebbles

In his Al-Ahya, Al-Ghazali says: "As to the throwing of the pebbles, it is an expression of the thrower's intention to obey Allah's commandment, and a demonstration of his humility and servitude to Him. It signifies compliance with divine commandment without any trace therein of any selfish pleasure, sensuous or intellectual.

"By throwing pebbles, one emulates Abraham when Satan - may Allah curse him - blocked his way at that place in order to cast doubts in his heart or tempt him and divert him away from his Lord, so Allah commanded Abraham to drive the Satan away by throwing pebbles at him.

"Theretore, if you are tempted to think that Satan appeared to Abraham and therefore he threw pebbles at him, but I am not tempted by Satan, so there is no need tor me to throw these pebbles - if such a thought comes to you - then you must realize that this thought itself is from Satan, who suggests it to make you think there is no benefit in it, and so weaken your resolve and prevent you from throwing pebbles. Fight against these evil whispers with firmness, resolution and by throwing pebbles despite these suggestions. You must also realize that although you are apparently throwing pebbles at the Jamarahs, in reality you are hurling these in the face of Satan and thereby breaking his backbone. This is not possible except by submitting to the commandments of Allah, in submission to Him, and without seeking gratification of any personal desire."

Fiqh 5.103: Its Legality, Throwing Pebbles

The majority of scholars is of the opinion that throwing the pebbles is necessary (wajib), but it is not obligatory. Anyone failing to throw pebbles is required to offer a sacrifice as reported by Ahmad, Muslim, and Nasa'i from Jabir who said, "I saw the Prophet (peace be upon him) riding his mount and throwing pebbles on the Day of Nahr (10th of Zhul-Hijjah), and saying, 'Take your rituals from me. I do not know whether I will be able to perform another Hajj after this one'."

Abdur Rahman Al-Taimi said: "The Prophet (peace be upon him) commanded us in the Farewell Hajj to use small pebbles (the size of a pea)."This was reported by At-Tabarani in his Al-Kabir with a sound chain of authorities.

Fiqh 5.103 a: The Size of the Pebbles

The pebbles, as stated in the above hadith, should be no bigger than the size of a pea. That is why the scholars consider this size as desirable. If, however, someone throws a bigger stone, according to the majority of scholars, it will suffice him for completing the rite, but it is disliked. Ahmad holds that it will not be sufficient for him until he repeats it with pebbles (of suitable size), because the Prophet (peace be upon him) practiced it, and he forbade the use of bigger stones.

Sulaiman bin 'Amr bin Al-Ahwas Al-Azdi reported from his mother that she said, "The Prophet (peace be upon him) was at the bottom of the valley, and he was saying, "O People! Do not kill each other! When you throw pebbles, use pebbles the size of a pea." This was reported by Abu Daw'ud.

Ibn 'Abbas reported: "The Prophet told me 'Come, pick some pebbles for me!' I picked small pebbles like peas. When I gave these pebbles to him, he said, "Use pebbles similar to these (in throwing), and beware against exaggerating in your religion, for those before you were destroyed because of their exaggeration in religion." This was reported by Ahmad and Nasa'i, its chain of authorities being sound. The majority of scholars take these ahadith as indicating preference for the size of pebbles. There is consensus that only stones (pebbles) be thrown and not iron, lead etc.

The Hanafi school, however, disagrees and holds that it is permissible to use anything that comes from the earth, stones, clay, bricks, soil, or ceramics etc., because the hadith mentions throwing only (and does not specify as to what should be used). The practice of the Prophet (peace be upon him) and his companions indicates the preterence and does not specify anything in particular. The first opinion is preferable because the Prophet (peace be upon him) used pebbles and he ordered others to throw pebbles like peas, which may apply to various kinds of pebbles but not to anything else.

Fiqh 5.104: Where to Pick the Pebbles From

Ibn 'Umar used to pick his pebbles from Muzdalifah, and so did Sa'id bin Jubair. Ash-Shafi'i regards this preferable, but according to Ahmad one may pick pebbles from anywhere one wants.

'Ata and Ibn Al-Munzhir hold a similar view, for in the hadith of Ibn 'Abbas the words used by the Prophet (peace be upon him) are "pick (some pebbles) for me" without specifying the place whence these were to be picked.

According to the Hanafi and Shafi'i schools, and Ahmad it is permissible, though undesirable, to use pebbles that have been used before. Ibn Hazm holds it permissible without any dislike. He says, "Throwing the pebbles that are used before is permissible, and so is throwing pebbles while mounting an animal."

Neither the Qur'an nor Sunnah forbids the use of used pebbles. Logically speaking, had those pebbles not been re-used by multiple pilgrims, there could have been mountains of them in the area.

As to throwing pebbles while riding one's mount we read in the hadith of Qudamah bin Abdullah that he said, "On the Day of Sacrifice, I saw the Prophet (peace be upon him) throwing pebbles on the first Jamarah Al-Aqabah while he was riding a light-colored she camel without throwing them hard or slow, nor pushing and shoving others."

Fiqh 5.104 a: The Number of Pebbles

The total number of pebbles to be thrown is either seventy (70) or forty nine (49). Seven of these are to be thrown on the first Jamarah Al-Aqabah on the 10th of Zhul-Hijjah; twenty one on the 11th day, seven at each of the three jamarahs; and similarly twenty one on the 12th day, throwing seven at each of the three places. The last twenty one pebbles are likewise to be thrown, seven at each of the jamarahs, on the 13th day of Zhul-Hijjah. The total number of these pebbles comes to seventy pebbles.

If a pilgrim throws the pebbles for only three days (the 10th, 11th and 12th of Zhul-Hijjah), and does not throw on the 13th day, he may do so without any harm. In such a case the total number will be forty nine pebbles.

According to Ahmad throwing five pebbles will suffice a pilgrim. 'Ata says throwing five pebbles will complete his Hajj rites. Mujahid said, "If a pilgrim throws six pebbles he may do so without incurring any penalty."

Sa'id bin Malik reported: "We returned with the Prophet (peace be upon him) after Hajj. Some of us said they had thrown six, others said they had thrown seven pebbles. But none of us found fault with others for doing so."

Fiqh 5.105: Days of Throwing the Pebbles

The days for throwing pebbles are either three or four days: the 10th, 11th and 12th of Zhul-Hijjah or these three and the 13th of Zhul-Hijjah. Allah says in the Qur'an (2.203): "Celebrate the praise of Allah during the appointed days. But if any one hastens to leave in two days there is no blame on him, and if anyone stays on there is no blame on him, if his aim is to do right."

Fiqh 5.105 a: Throwing Pebbles on the Day of Sacrifice (10th Zhul-Hijjah)

The best time to throw the pebbles is forenoon on the 10th of Zhul-Hijjah, because the Prophet (peace be upon him) threw the pebbles before noon on that day.

Ibn 'Abbas said that the Prophet (peace be upon him) permitted the old and weak people of his family to throw first. Then he said, "Do not throw pebbles at the first Jamarah Al-Aqabah before the sunrise." This was reported by Tirmizhi, who considers it a sound hadith. Deferring the throwing to the end of the day is, however, permissible.

Ibn Abdul Barr said: "There is consensus among the scholars that if a pilgrim throws pebbles on the 10th of Zhul-Hijjah before the sunset, he will be considered as having thrown in time, although doing so is not desirable."

Ibn 'Abbas reported that on the Day of Sacrifice the Prophet (peace be upon him) was told by a man at Mina that he had thrown his pebbles after sunset, whereupon he said to the man, "There is no harm." This was reported by Bukhari.

Fiqh 5.105 b: Delaying Throwing Until After Dark

Delay in throwing pebbles until after dark is permissible if there is a genuine excuse for doing so as related by Malik from Nafi' that a daughter of Safiyah, wife of Ibn 'Umar, gave birth to a baby in Muzdalifah. So she and Safiyah (her mother) were left behind, and they arrived in Mina after sunset on the 10th of Zhul-Hijjah. Ibn 'Umar asked them to throw their pebbles when they arrived and he found no harm in their doing so.

It is disliked, however, to delay throwing the pebbles without a valid excuse until after dark. According to the Hanafi and Shafi'i schools, and in the light of a narration from Malik, there is no penalty for delaying the throwing of pebbles, considering the aforementioned hadith of Ibn 'Abbas. Ahmad is of the opinion that if a pilgrim delays the throwing of pebbles till the end of the Day of Sacrifice. then he should not throw pebbles during the night, but should throw them the next afternoon.

Fiqh 5.106: Concession for the Weak and Others with a Valid Excuse to Throw Pebbles after Midnight of Sacrifice (10th of Zhul-Hijjah)

There is consensus on throwing pebbles before midnight on the 10th of Zhul-Hijjah (the Night of Sacrifice). It is permissible, however, for women, children, the weak, those who have a valid excuse, and the shepherds to throw pebbles at Jamarah Al-Aqabah in the night.

'Aishah reported that the Prophet (peace be upon him) sent Umm Salamah on the night of the 10th to throw her pebbles. She did so before dawn after which she went back to Makkah for tawaf. This is reported by Abu Daw'ud and Al-Baihaqi, who says that its chain is sound.

Ibn 'Abbas reported that the Prophet (peace be upon him) permitted the herdsmen tending the camels to throw their pebbles during the night. This is reported by Bazzar with a chain of narrators including Khalid Al-Zanji, who is considered an unreliable reporter. 'Urwah reported that the Prophet (peace be upon him) went to Umm Salamah on Yaum al-Nahr and ordered her to hasten for Muzdalifah, and then to Makkah (after throwing the pebbles in Mina during the night) and to offer Fajr prayer there. That day was her turn to be with him and she desired to be with him. This was reported by Ash-Shafi'i and Al-Baihaqi.

'Ata reported that someone told him about Asma who threw pebbles at the first jamarah during the night, and said, "We used to do so during the lifetime of the Prophet (peace be upon him)." This is reported by Abu Daw'ud.

Tabari said: "Ash-Shai i'i refers to the reports transmitted by Umm Salamah and Asma and concludes that it is permissible to go to Makkah atter midnight.

Ibn Hazm, however, holds that the permission to throw at night applies to women only; it does not apply to men, whether strong or weak. These ahadith also show that it is permissible for anyone with a valid excuse to go a night earlier and throw the pebbles at night. Ibn Al-Munzhir said: "The sunnah (in this respect) is to throw the pebbles after sunrise, for this is what the Prophet (peace be upon him) did. It is not permissible to throw pebbles before sunrise, for such an act would be contrary to sunnah. But if one does so, he need not repeat it, because I have heard none (of the scholars) saying this was not acceptable."

Fiqh 5.107: Throwing from Atop

Al-Aswad said: "I saw 'Umar throwing his pebbles at the Jamarah AlAqabah from a place above it." 'Ata was asked about throwing pebbles from above to which he replied, "There is no harm in it." This is reported by Sa'id ibn Mansur.

Fiqh 5.107 a: Throwing During the Three Days

The time appointed for throwing pebbles during the three days is from midday until sunset. Ibn 'Abbas reported that the Prophet (peace be upon him) threw the pebbles at midday or thereafter. This is reported by Ahmad, Ibn Majah and Tirmizhi who consider it a sound hadith.

Al-Baihaqi has reported on the authority of Nafi' that Abdullah bin 'Umar used to say "We used not to throw the pebbles during the three days until after the sun was past the meridkul. Delaying the throwing of pebbles till night was disliked. The time for throwing pebbles dul-ing the night was until the sunrise of the next day. All Imams of Islamic law. except Abu Hanifah, agree on this point. Abu Hanifah holds that throwing pebbles before midday on the third day is permissible. He based his opinion on a rather weak hadith transmitted by Ibn 'Abbas which says, "When day breaks on the 13th of Zhul-Hijjah, it is permissible to throw one's pebbles and depart from Mina (to Makkah)."

Fiqh 5.107 b: Supplications After Throwing Pebbles During Ayam At-Tashriq (llth, 12th, and 13th of Zhul-Hijjah)

It is desirable to stand facing the Qiblah, to praise Allah, while supplicating to Him for forgiveness for oneself, and for other fellow Muslims. Ahmad and Bukhari have reported from Salim bin Abdullah bin 'Umar and he from his father that when the Prophet (peace be upon him) threw pebbles at the first Jamarah, which is near the mosque, he said, Allahu Akbar. Thus he threw seven pebbles and each time he said Allahu Akbar. Then he went, turned left toward the bottom of the valley. There he stood tor quite a long time tacing the direction of Qiblah, and raising his hands supplicated to Allah. Then he went and threw seven pebbles at the second Jamarah saying Allahu Akbar with each throw. Thereafter he went to the left of the bottom of the valley, stood there facing Qiblah and supplicated to Allah with raised hands. Then he went to the Jamarah near Aqabah, threw seven pebbles at it, uttering a fakhir with each throw. After this he left and did not pause. According to this hadith the Prophet (peace be upon him) did not pause after throwing pebbles at the Jamarah Al-Aqabah, but he did pause after throwing pebbles at the other two Jamarahs.

The scholars have in the light of the above hadith suggested that after any throwing (of pebbles at the Jamarahs) that is not followed by another throwing the same day one should not stop (for supplications), but if one throwing (of pebbles) is followed by another throwing the same day one should stand there for supplications.

Ibn Majah has reported from Ibn 'Abbas that after throwing pebbles at the Jamarah al-Aqabah, the Prophet (peace be upon him) used to leave, and not stop (for supplications).

Fiqh 5.108: Order in Throwing Pebbles

It is confirmed that the Prophet (peace be upon him) used to begin with the first Jamarah that is near Mina, then he would go to the middle Jamarah further away, and then he would go to the Jamarah Al-Aqabah. Likewise it is proven that he said, "Take your religious rites from me."

The three of the leading Imams take this as indicating that observing sequence in throwing pebbles at the Jamarahs is a necessary condition and must be azhered to, because this is what the Prophet (peace be upon him) did. The Hanafi school, however, holds that sequence is only sunnah.

Fiqh 5.108 a: A Takbir and a Supplication with Every Throw Holding the Pebble Between the Index Finger and the Thumb

Ibn Mas'ud and Ibn 'Umar at the time of throwing pebbles used to say, Allahumma ij'alhu Hajjan mabruran wa zhanban maghfuran "O Allah! Accept this Hajj of ours and pardon our sins".

Ibrahim said, "The Companions of the Prophet loved that while throwing pebbles at Jamarah Al-Aqabah one should supplicate, "O Allah, accept this Hajj of ours and forgive our sins.'' When asked if this supplication should be made at the time of throwing pebbles at each of the other Jamarahs as well he replied in the affirmative.

'Ata said, "When you throw the pebbles you should utter a takbir (Allahu Akbar) with each throw. This is reported by Sa'id bin Mansur. According to the hadith of Jabir, the Prophet (peace be upon him) uttered Allahu Akbar with each pebble that he threw. The author of Al-Fath says: "There is consensus that there is no harm if someone tails to utter a takbir."

Salman bin Al-Ahwas reported from his mother that she said. "I saw the Prophet (peace be upon him) riding his mount at Aqabah holding a pebble between his fingers and throwing it, while others were also throwing pebbles with him." This is reported by Abu Daw'ud.

Fiqh 5.108 b: Throwing Pebbles on Behalf of Others

Persons who for a valid reason, illness, etc., cannot themselves throw the pebbles they may ask someone else to throw pebbles on their behalf. Jabir said, "We performed Hajj with the Prophet (peace be upon him) and we had some women and children with us. We (adults) uttered talbiyah and threw pebbles on behalf of the children." This was reported by Ibn Majah.

Fiqh 5.109: Sleeping (the Night) at Mina

Spending three nights or two nights, the 11th and 12th of Zhul-Hijjah, at Mina is necessary (wajib), according to the three Imams of the Islamic law. The Hanafi school regards sleeping at Mina as sunnah only.

Ibn 'Abbas said, "After you have thrown the pebbles you may spend the night wherever you wish." This is reported by Ibn Shaibah. Mujahid said, "There is no harm if one spends the first portion of the night at Makkah, and the last one at Mina, or the first portion of the night at Mina and the last one at Makkah." Ibn Hazm said, "A pilgrim who does not spend the night at Mina does wrong, but he does not incur any penalty.

There is consensus that in the case of those who have a genuine excuse, like water carriers, and shepherds, sleeping the night at Mina is not necessary, and if they leave out anything they don't incur any penalty.

The uncle of the Prophet (peace be upon him), Abbas, sought and got permission from the Prophet (peace be upon him) to spend these nights (supposed to be spent in Mina) at Makkah so that he could attend to his functions as provider of drinking water to the pilgrims. This was reported by Bukhari and others.

'Asam bin 'Adi reported that Prophet (peace be upon him) excused the shepherds from sleeping at Mina. This is reported in the Sunan, and Tirmizhi considers it a sound hadith.

Fiqh 5.109 a: When to Return from Mina

The three schools of Islamic law hold that the pilgrims must return from Mina to Makkah before the sunset of the 12th of Zhul-Hijjah after throwing the pebbles.

The Hanafi school, however, is of the opinion that pilgrims may return to Makkah betore the dawn of the 13th of Zhul-Hijjah. Leaving after sunset is, however, disliked for it is against the sunnah. but one who does so incurs no penalty.

Fiqh 5.109 b: Sacrificial Animals

These are animals brought to the Haram, the Sacred Mosque, seeking the closeness and pleasure of Allah, Who says in the Qur'an (22.36), "The sacrificial camels We have made for you as among the symbols from Allah: in them is (much ) good for you: then pronounce the name of Allah over them as they line up (tor sacrifice) when they are down on their sides (after slaughter), eat you thereof, and feed such as beg with due humility: thus have We made animals subject to you, that you may be grateful. It is not their meat nor their blood, that reaches Allah: it is your piety that reaches Him."

'Umar said, "Sacrifice animals, for Allah loves sacrifice. The Prophet (peace be upon him) offered one hundred camels in sacrifice for the pleasure of Allah." This offering by him was supererogatory.

Fiqh 5.110: The Best Animals for Sacrifice

There is consensus among scholars that a sacrifice must be of one of the animals, and that the best of these are, camels, then cows, then sheep and so on, for a camel is more beneficial for the poor because of its great size (more can benefit from its meat), and similarly a cow is more useful than a sheep.

There is disagreement, however, as to what is best for an individual to offer in sacrifice, a camel or a cow sharing one seventh of their price, or a sheep. Apparently the preference in this regard is to what is more useful and beneficial for the poor and the needy.

Fiqh 5.110 a: The Minimum Number to Be Sacrificed

One may sacrifice any animal one chooses. The Prophet (peace be upon him) offered a hundred camels as a supererogatory sacrifice. The minimum number of animals a person is obligated to sacrifice is one sheep, or one-seventh portion of a camel or a cow (by sharing one-seventh of their price). A camel or a cow may be sacrificed on behalf of seven people. Jabir said: "We performed Hajj with the Prophet (peace be upon him), and we slaughtered a camel for seven persons, and a cow for seven persons." This was reported by Ahmad and Muslim.

For a sacrifice to be acceptable it is not necessary that all the partners should be of one mind. Thus if some do it for the pleasure of Allah, while others do it to obtain meat, it would still be valid. The Hanafi school, however, holds that a necessary condition for sacrificing is that all the partners must have the pleasure of Allah in mind while offering sacrifice.

Fiqh 5.110 b: When Is It Obligatory to Sacrifice a Camel?

Sacrificing a camel is not necessary except for a pilgrim who performs tawaf in a state of ritual impurity (Junub) or a female pilgrim performs tawaf while still menstruating or in confinement after childbirth, or a pilgrim who has sexual intercourse with his wife after spending the Day at Arafah but before shaving (or clipping) the hair, or a pilgrim who vows to sacrifice a camel; in all such cases one must sacrifice a camel. And if a camel is not available then offer seven sheep instead.

Ibn 'Abbas reported that a man came to the Prophet (peace be upon him) and told him that he had to sacrifice a camel which he could easily afford but could not find. Thereupon the Prophet (peace be upon him) said to him, "Buy seven sheep and sacrifice them instead." This is reported by Ahmad and Ibn Majah with a sound chain of narrators.

Fiqh 5.110 c: Kinds of Sacrifice

Sacrifice may be divided into two categories, one that is desirable, and the other that is obligatory.

As for the desirable one, an example of it is that which is required of pilgrims who perform Hajj only (Hajj Ifrad), or who perform 'Umrah only. As to the obligatory sacrifice it may be one of the following:

1 That which is obligatory for those performing Hajj Iqran (combining Hajj and 'Umrah without a break in between),

2 or Hajj Tamattu' (combining Hajj and 'Umrah but with a break in between).

3 That which is obligatory for a pilgrim who misses out an essential ritual of Hajj, e.g., throwing pebbles, or putting on ihram from a miqat (a place designated for entering into a state of ihram), or combining day and night while camping at Arafah, or spending the night at Muzdalifah or Mina or departing Makkah without performing Tawaf al-Wida' (Farewell circumambulation).

4 That which is obligatory for a pilgrim committing something forbidden in the state of ihram, other than sexual intercourse, wearing perfume or shaving.

5 That which is obligatory for committing a crime within the sacred precincts of Haram, like hunting or cutting trees within the Sacred precincts of Haram. All these have been explained above in their respective sections.

Fiqh 5.111: Conditions for Sacrifice

A sacrificial animal should satisfy the following conditions:

1 It should be two years old, if it is an animal other than a sheep. As for sheep, even a six month old lamb may be sacrificed, but it should be fat and healthy. As for a camel, it must be at least five years old, a cow two years old, and a goat a year old at least.

2 It should be healthy and free from all physical defects. It should not be one eyed, nor should it limp, be mangy, or very thin and weak. Al-Hasan said that the scholars said: "If a man purchases a healthy animal for sacrifice. but later before its slaughtering it becomes sick or loses one eye or develops a limp in her legs, then such a person may slaughter it as a sacrifice and that will sulfice him (to fullfil his obligation)." This was reported by Sa'id bin Mansur.

Fiqh 5.111 a: Selecting One's Own Sacrificial Animal

Malik has reported from Hisham bin 'Urwah and he from his father that he used to tell his sons: "O my sons! Do not slaughter an animal in the name of Allah such as you will be embarrassed to present as a gift to a close and respected friend of yours. Allah is the Most Honorable and Most Generous, and He is the most deserving to be offered the best of what you have."

Sa'id bin Mansur reported that Ibn 'Umar once mounted in Makkah on a nice she-camel, which he liked very much, and said, "Excellent! Excellent!" admiring it. Then he dismounted, marked it as an offering, and a sacrifice for the pleasure of Allah.

Fiqh 5.112: Marking the Sacrificial Animal and Garlanding It

Ish'ar (or marking) means that a camel or cow to be slaughtered is marked by cutting off their humps on one side. This serves as a mark that they are intended for sacrifice so that no one should cause them any harm.

And taqlid or garlanding means putting a leather piece around the sacrificial animal's neck to mark it as such.

The Prophet (peace be upon him) garlanded the sheep that he had marked out for slaughtering and sent them with Abu Bakr to Makkah when he performed Hajj in the 9th year after Hijrah. It is affirmed by ahadith that the Prophet (peace be upon him) garlanded sacrificial animals, marked them and doned ihram for 'Umrah at the time of Hudaibiah. Most scholars, except Abu Hanifah, hold that marking the sacrificial animal is desirable.

Fiqh 5.112 a: Wisdom behind Ish'ar and Taqlid

The wisdom behind these two acts concerns reverence for Allah's commands, and an expression of that reverence, besides serving as a means of informing people that these animals are on their way to the House of Allah to be slaughtered there for His pleasure.

Fiqh 5.112 b: Riding the Sacrificial Animals

It is permissible to ride and benefit from the sacrificial animals (e.g., camels or cows). Allah says in the Qur'an (22.33): "In them (i.e., animals) you have benefits for a term appointed. In the end their place of sacrifice is near the Ancient House."

Dahak and 'Ata said: "Benefiting from them here means using them for riding when needed, and benefiting from their milk and wool." The phrase "appointed term" refers to the term when a pilgrim marks the animal for sacrifice until it is slaughtered. And the words "In the end their place is near the Ancient House" refer to the Day of Slaughter or Sacrifice (Nahr), the 10th of Zhul-Hijjah.

Abu Hurairah reported that the Prophet (peace be upon him) saw a man driving a she-camel to the place of slaughter. The Prophet (peace be upon him) said to the man, "Mount it." The man replied, "It is a sacrificial animal." The Prophet (peace be upon him) said to him twice or thrice, "Woe be to you ! Mount it." This is reported by Bukhari, Muslim, Abu Daw'ud

Fiqh 5.113: Time of Slaughtering

There is disagreement among scholars about the time of slaughtering. According to Ash-Shafi'i it should be done on the Day of Nahr, 10th of Zhul-Hijjah, and during Ayyam at-Tashriq (the 11th, 12th or 13th of Zhul-Hijjah) in light of the Prophet's words "All the Tashriq days (lOth, 12th and 13th of Zhul-Hijjah) are Days for Slaughtering" as reported by Ahmad.

If one missed slaughtering during these days, then one may slaughter an animal later on to make up for it.

Malik and Ahmad hold that regardless of whether the slaughtering of the animal is obligatory or a supererogatory act of worship it must be done during the appointed days. The Hanafi school also holds the same view concerning a pilgrim pertorming Hajj Tamattu' or Hajj Qiran. Such a pilgrim must slaughter the animal during the appointed (tashriq) days.

As opposed to this, a sacrifice in fullfilment of a vow, atonement of sins, and offered as a supererogatory act of worship may be offered any time during the year.

Abu Salmah bin Abdul Rahman and An-Nakh'i reported that the time for slaughtering is from the Day of Nahr to the end of Zhul-Hijjah.

Fiqh 5.113 a: Place of Slaughtering

A sacrifice whether it is obligatory (wajib) or voluntary cannot be done except within the Sacred Precincts of Haram. Anywhere within these precincts one may offer the intended sacrifice.

Jabir reported that the Prophet (peace be upon him) said, "All Mina is a place for slaughtering, and the entire Muzdalifah is a place for spending the night; and all roads of Makkah are passageways and places to offer one's sacrifice." This is reported by Abu Daw'ud and Ibn Majah.

It is preferable for a pilgrim, however, to offer his sacrifice at Mina. For a person performing 'Umrah it is preferable to offer his sacrifice near Marwah, as this is the place where pilgrims leave the state of ihram whether performing Hajj or 'Umrah.

Malik has reported that he was told that the Prophet ( peace be upon him) said at Mina, "This is the place for offering sacrifice. All Mina is a slaughtering place." And speaking about 'Umrah, the Prophet (peace be upon him) said, -This - i.e. Marwah - and all roads and paths of Makkah are slaughtering places."

Fiqh 5.113 b: Slaughtering Camels in a Standing Position

It is desirable to slaughter camels in a standing position with their left legs tied as in the following ahadith:

1 Muslim reported from Ziyad bin Jubair that Ibn 'Umar came upon a man who was slaughtering a camel while it was sitting. He said to the man, "Let it stand up, and tie its legs. This is the sunnah of your Prophet (peace be upon him)."

2 Abu Daw'ud reported from Jabir that the Prophet (peace be upon him) and his companions used to slaughter their sacrificial camels with their left legs tied and standing on three legs."

3 Hakim reported from Ibn 'Abbas concerning the Qur'anic verse (22.36) "then pronounce the name of Allah over them as they line up (for sacrifice)" he interpreted it to mean "as they line up and stand on three legs." As for cows and sheep it is preferable to slaughter them in a lying position. According to some it is disliked to slaughter an animal standing that is to be slaughtered lying down and vice-versa. Others disagree and hold it is not disliked. It is preferable to slaughter one' s animal with one' s own hands, if possible, otherwise one may assign someone else to do it on one's behalf, but one must be present there.

Fiqh 5.114: Butcher's Wages out of the Sacrifice?

It is not permissible to give a butcher his wages out of the meat of the animal. A butcher may, however, be given a portion of the meat in charity. This is based on the statement of Ali who said, "the Prophet (peace be upon him) ordered me to take care of his camels that were to be slaughtered and to distribute their meat, skins and everything else (among the needy people), but he ordered me not to give any portion of it to the butcher." And then he said, "We shall give him from ourselves." This is reported by the Group.

This hadith shows that one is permitted to designate someone else to slaughter the animal on one's behalf, distribute its meat, skin and other useful parts among others, but one is not permitted to give any portion of it in wages to the butcher. A butcher should, however, be paid for his work as the Prophet (peace be upon him) said, "We shall give him from ourselves."

It is reported that Al-Hasan said,"There is no harm in giving the skin of the animal to the butcher."

Fiqh 5.114 a: Eating the Meat of the Sacrificial Animal

Allah commands Muslims to eat of the animals slaughtered in sacrifice: "...eat you thereof and feed such as (beg not but) live in contentment and such as beg with due humility." (Qur'an 22.36)

Apparently this commandment applies to both the obligatory and supererogatory sacrifice. There is some disagreement among the jurists on this subject. Abu Hanifah and Ahmad are of the opinion that one may eat of the sacrifice made for Hajj Tamattu' (In which Hajj and 'Umrah are combined with a break) or Hajj Qiran (In which Hajj and 'Umrah are combined without a break) or one that is offered voluntarily, but one may not eat of any other sacrifice.

Malik holds that one may eat of an animal sacrificed as a penalty for violating one's previous Hajj, or that which is sacrificed for missing one's Hajj, or a sacrifice offered by one performing Hajj Tamattu ', or any other animal offered in sacrifice, except a sacrifice offered as an atonement for killing a game or one that is vowed for the poor, and that which is offered voluntarily except when (it is feared) the animal will be spoiled before arriving at its place of slaughter.

Ash-Shafi'i holds that one is not permitted to eat of an obligatory sacrifice, e.g. an obligatory sacrifice olfered in penalty, or a sacrifice made for killing a game, or one that is offered for spoiling one ' s Hajj, or one offered for Hajj Tamattu' or Hajj Qiran, and likewise that which one has vowed. In case of a voluntary sacrifice, however, one may eat thereof himself as well as give it to others.

Fiqh 5.115: Amount of Meat to be Eaten of the Sacrifice

A person offering a sacrifice may consume, without any restrictions, any amount of meat he may desire. He may likewise give away or offer in charity any amount he may wish. Some scholars said that one may eat half and give away the other half in charity, while others said that the meat be divided into three parts. Of these one may keep a part, distribute a part, and give in charity the third part.

Fiqh 5.115 a: Shaving or Clipping Hair

The practice of shaving or clipping hair is affirmed by the Qur'an, the Sunnah of the Prophet, and the consensus of the community. Says Allah: "Truly did Allah fulfil the vision for His Messenger: ye shall enter the Sacred Mosque, if Allah wills, with minds secure, heads shaved, hair cut short, and without fear." (Qur'an 48.27)

Both Bukhari and Muslim have reported that the Prophet (peace be upon him) said, "May Allah bless those who shaved." The Companions asked him, "O Allah's Messenger, what about those who clip their hair short?" Thereupon the Prophet (peace be upon him) again said, "May Allah bless those who shaved." They repeated their question the third time, and again the Prophet said, "May Allah bless those who shaved." When they asked him for the fourth time, "O Allah's Messenger, what about those who clip their hair short?" He said, "And (may Allah bless) those who clip their hair short. (It is said that the reason for repeating supplication for those who shaved their hair is obviously to encourage people to shave rather than cut their hair short only because by shaving off one's hair one demonstrates one's sincerity and humility to Allah without caring for one's physical appearance)

Both Bukhari and Muslim also report that the Prophet (peace be upon him) shaved his head, and so did a group of his Companions, while others only cut their hair short.

Shaving here means removing hair of the head with a razor, etc., or plucking them out. It suffices one, however, to remove only as many as three hairs. And cutting the hair short means cutting the length of one fingertip of the head's hair. The majority of jurists disagree concerning this issue.

Most scholars hold that shaving or cutting the hair short is obligatory, and one failing to do so must slaughter an animal to atone for this omission. According to the Shafi'i school it is an integral part of Hajj.

Fiqh 5.116: Time of Shaving

A pilgrim may shave or cut his hair short right after throwing the first pebbles at Jamarah Al-Aqabah on the Day of Nahr - the 10th of Zhul-Hijjah. If, however, a pilgrim has with him animals to be slaughtered then he can shave or cut his hair short only after having slaughtered these animals.

In a hadith reported by Ma'mar bin Abdullah we read that the Prophet (peace be upon him) slaughtered his sacrificial animal at Mina and said, "He has commanded me to shave (my head)." This was reported by Ahmad and At-Tabarani.

The time to shave or cut one's hair short while performing 'Umrah is right after completing Sa'i - seven rounds - between Safa and Marwah. As for those who bring their sacrifical animals with them, they may shave right after they slaughter them.

At the time of shaving or cutting one' s hair short, according to Abu Hanifah and Malik, one must be in Haram (within the prencincts of the Sacred Mosque) and it must be during the Days of Nahrm - 10th, 11th, 12th and 13th of Zhul-Hijjah. A narration from Ahmad, based on the above hadith, supports this opinion.

Ash-Shafi'i, Mohammad bin Al-Hasan, and, according to his well known position, Ahmad, are of the view that shaving or cutting of one's hair short must be done within the Sacred Precincts of the Haram, but not necessarily during the Days of Nahr. If one delays shaving one's head until after these days one may do so without any harm or incurring any penalty.

Fiqh 5.116 a: Etiquette of Shaving or Cutting Short One's Hair

It is liked that while shaving the head one should first shave the right half, then the left side, while facing the direction of Qiblah, uttering Allahu Akbar, and offering a two rak'ah prayer at the end of it. Waki' said, "Abu Hanifah once told me: 'I was mistaken concerning five rites of Hajj and a cupper taught these to me and corrected me. This happened when I went to a cupper and asked him, "How much will you charge for shaving my head?" The cupper said, "Are you from Iraq?" I said, "Yes." The cupper said to me, "Sit down, this is a rite of Hajj, and on it no conditions must be placed." I sat down with my face slightly away from the direction of Qiblah. At this he said, "Turn your face toward the Qiblah." I turned the left side of my head to him to shave it first whereupon he said, "Turn over the right side of your head (that I may shave it first)." I turned the right side to him and he began shaving while I sat quiet. He again said, "Say takbir" which I did, until when I got up to leave, he said, "Where are you going?" I said, "I am going to my camp." He said, "Offer a two rak'ah prayer first, then leave." I asked him, "Where did you learn all this?" He replied, "I have seen 'Ata bin Abi Rabah doing this.""' This was reported by Al-Muhib Al-Tabari.

Fiqh 5.117: Passing Razor over a Bald Man's Head

The majority of scholars is of the opinion that in the case of a bald man, who has little or no hair at all, it is desirable to pass a razor over his head. Ibn-ul-Munzhir said, "All reliable scholars agree that a razor be passed over the head of a bald man." In Abu Hanifah' s opinion passing razor over the head of a bald man is obligatory.

Fiqh 5.117 a: Clipping one's Nails and Shortening Moustaches

It is desirable for those who shave or cut short their hair (as pilgrims) to also clip their finger nails and shorten their mustaches. Whenever Ibn 'Umar shaved or cut short his hair in Hajj or 'Umrah, he would always clip his finger nails and shorten his moustaches.

Ibn al-Munzhir said, "It is confirmed that when the Prophet (peace be upon him) shaved or cut short his hair he clipped his finger nails as well."

Fiqh 5.117 b: A Woman to Shorten Her Hair but Forbidden to Shave

Abu Daw'ud and others reported from Ibn 'Abbas that the Prophet (peace be upon him) said, "Women (pilgrims) do not have to shave (their heads); they may only shorten their hair." Al-Hafiz considers this a sound hadith.

Ibn Al-Munzhir said, "There is agreement among the scholars on this, because shaving a woman's head is in fact a sort of punishment for her."

Fiqh 5.117 c: How Much of Her Hair a Woman is to Cut Off

Ibn 'Umar said, "When a woman (pilgrim) wants to cut off her hair, she may hold her hair at the front and cut it off about the length of the tip of a finger." In 'Ata's opinion, while cutting her hair, a woman should cut it off her sides, of the long hair as well as the short ones. This is reported by Sa'id bin Mansur. Others hold that there is no limit as to how much a woman may cut off her hair. The Shafi'i school holds that cutting as much as three hairs is enough for a female pilgrim.

Fiqh 5.118: Tawaf Al-Ifadah

There is consensus among the Muslims that Tawaf AI-lfadah is one of the essentials of Hajj, and if someone fails to observe it his Hajj is void. The Qur'an (22.29) says: "Then, let them complete the rites prescribed for them, perform their vows, and (again) circumambulate the Ancient House". According to Ahmad a pilgrim must make a definite intention for its performance.

All the other three Imams hold that having the intention to perform Hajj covers and applies to all its rites including Tawaf Al-Ifadah.

The majority of scholars holds that Tawaf AI-lfadah is comprised of seven rounds of the Ka'bah. Abu Hanifah, however, is of the view that only four of the seven rounds are essential in Hajj, and if these (four) are missed the Hajj of a person becomes void. The remaining three rounds are necessary (wajib) but not essential. A pilgrim abandoning one or all of these three rounds misses a necessary part, but it does not invalidate his Hajj, although he is required to offer a sacrifice of an animal in atonement for it.

Fiqh 5.118 a: Time for Tawaf Al-lfadah

According to Ash-Shafi'i and Ahmad, the time for it is from the midnight of the Day of Nahr, the 10th of Zhul-Hijjah, and its end is indefinite. A male pilgrim is, however, not permitted to have sexual intercourse with his wife until after he completes Tawaf Al-Ifadah. Delaying it beyond the 11th, 12th and 13th of Zhul-Hijjah, does not obligate a person to slaughter an animal, but it is disliked.

The best time for performing this Tawaf is before noon on the Day of Nahr, the 10th of Zhul-Hijjah. According to Abu Hanifah and Malik its time is from the dawn on the Day of Nahr, though concerning its end there is disagreement among scholars.

Abu Hanifah holds that it must be performed during the Days of Nahr, but if a pilgrim delays it beyond these then he must slaughter an animal in atonement for it. Malik, on the other hand, is of the view that there is no harm in delaying this rite until after the 13th of Zhul-Hijjah, though doing it earlier (during the Days of Tashriq) is better. Its time is until the end of the month of Zhul-Hijjah, and if it is performed after it. then one must slaughter an animal in atonement. The Hajj of such a person will still be valid, for the whole month of Zhul-Hijjah, according to Malik, is included in the months of Hajj.

Fiqh 5.118 b: Women and Tawaf Al-Ifadah

For women it is desirable to perform Tawaf Al-Ifadah early on the Day of Nahr, if they fear they will begin to menstruate. 'Aishah used to order the women (pilgrims) to perform it on the Day of Nahr - 10th of Zhul-Hijjah, as a precaution against the menses.

'Ata said, "If a woman (pilgrim) is afraid of her monthly period, she may perform the Tawaf of Ka'bah before throwing the pebbles at Jamarah Al-Aqabah, and even before her sacrificial animal is slaughtered.

There is no harm in a woman pilgrim using any medicine to delay her periods so as to perform this Tawaf. Sa'id bin Mansur reported that Ibn 'Umar was asked about a woman that takes some medicine to delay her periods. At this he said he saw no harm in it, and told them to use water of Arak instead.

Mohibbuddin Al-Tabri said, "If it can be delayed in this case then it can also be delayed in (determining) the period of 'iddah, and all other situations. On the same principle, medicines may be used to induce monthly periods.

Fiqh 5.119: Staying in the Valley of Al-Mohasab

It is established that the Prophet (peace be upon him) on his way from Mina to Makkah rested for a while at Al-Mohasab, where he offered Zuhr, 'Asr, Maghrib and 'Isha prayers. Ibn 'Umar would always do likewise.

There is disagreement among the scholars as to its desirability. 'Aishah said that the Prophet (peace be upon him) rested at Al-Mohasab because it was easier to do so, but it is not a sunnah. Hence, one may or may not do so.

Al-Khattabi said that it was something practiced before but was later on abandoned. Tirmizhi said that some scholars liked to rest at Al-Abtah without treating it as necessary, except those who liked it.

The wisdom of resting at this place is to thank Allah for what He bestowed upon His Prophet (peace be upon him) in the form of victory over his enemies who boycotted Banu Hashim and Banu Al-Mutallib and foreswore that they will neither marry their women nor sell anything to them unless they hand over the Prophet (peace be upon him) to them.

Ibn Al-Qayyim said, "The Prophet (peace be upon him) intended to proclaim the rites of Islam at a place where disbelief, blasphemy, and hostility to Allah and His Messenger were dominant."

This was the usual practice of the Prophet (peace be upon him). He would use every opportunity to proclaim the Oneness of Allah at places once dominated by symbols of disbelief and polytheism. One such example is that the Prophet (peace be upon him) ordered that a Mosque in Ta'if be built in the same place where once idols of Lat and 'Uzza stood.