Chapter two wuqūf at ‘Arafāt

Issue 381: Staying in the land of ‘Arafāt is the second obligation of hajj.

‘Arafāt is a well-known place near the holy city of Mecca, with its boundaries starting from the valley of `Urnah, Thuviyyah and Nimrah to Dhi'l-Majāz and from Ma'zamain to the last boundary of Mawqif. These regions are considered outside ‘Arafāt.

Issue 382: Wuqūf (staying) in the land of ‘Arafāt is one of the acts of worship. It should be accompanied by intention whose conditions were mentioned in the intention of iḥrām.

Issue 383: wuqūf means being present in the land of ‘Arafāt, no matter whether a person is riding, walking, standing or lying.

Issue 384: It is based on caution that a person should be in the land of ‘Arafāt from time of shar‘ī noon of the 9th of Dhul-Ḥijjah until the time for maghrib prayer. It is not remote to say one may delay the wuqūf a little bit after shar‘ī noon, the time enough to perform Zuhr and ‘Aṣr prayers together with their preliminaries.

Issue 385: The above mentioned wuqūf is obligatory from 'noon' to the maghrib prayer. However, some part of this presence is considered the fundamental part of hajj, even for a while so that it is correct to say one has stayed there like for one or two minutes. Therefore, if a person does not stay there (even for this short time), his/her hajj is void.

Issue 386: It is ḥarām to exit ‘Arafāt before shar‘ī sunset. Therefore, if a person exits this place before sunset intentionally or goes out of its limits and does not return, he/she is considered as a disobedient and should pay kaffārah of a camel. If he cannot slaughter it, he should fast for eighteen days.

Based on caution, camel slaughtering is to be carried out on the day of Eid at Minā though it is not remote to say it is not obligatory to slaughter it in Minā. If he/she returns to ‘Arafāt before sunset, there would be no need of paying kaffārah.

Issue 387: If a person goes out from the land of ‘Arafāt before sunset forgetfully or ignorantly, it is obligatory to return back upon remembrance before maghrib. In case, he does not come back, he/she has committed disobedience. However there is no kaffārah on him. If he comes to know it after the end of the time, he has no duty.

Chapter three wuqūf at the Mash‘ar ul-Ḥarām (Muzdalifah)

Issue 388: The wuqūf (presence) in Mash‘ar al-Ḥarām is the third obligatory rite of hajj. One should go from ‘Arafāt towards Mash‘ar ul-Ḥarām and stay there which is a very famous and well-known place.

Issue 389: Wuqūf (presence) at Mash‘ar is amongst deeds of worship which should be accompanied by intention with the same conditions as mentioned regarding the intention of iḥrām.

Issue 390: The time for obligatory wuqūf starts from time of fajr until sunrise of 10th of Dhul-Ḥijjah. However, on the basis of caution, one should make intention of wuqūf from the time of entry in Mash‘ar, i.e. after departure from the land of ‘Arafāt.

Issue 391: It is obligatory to stay at Mash‘ar from fajr to sunrise. However, the fundamental element is implementation of stay even if it would be for a span of two minutes.

Then if a person stay there only for the essential time period (of two minutes) and does not stay there the remaining period purposely, his/her hajj would be valid. However he/she has committed a ḥarām act. But if he/she does not stay at least to the extent to fit the definition of stay (wuqūf) purposely, his/her hajj would be void.

Issue 392: Women, children, the disabled and old people who are excused due to fear of crowd or illness along with the people responsible for their care and protection i.e. nurse, servants etc. may make their presence short at night before Eid ul-Adha in Mash‘ar and leave for Minā.

Point to Remember! Neglecting one of the two stays at Mash‘ar and ‘Arafāt or both of them by choice or compulsorily, on purpose or inadvertently, or forgetfully, etc. hold many viewpoints in terms of validity and invalidity.

Chapter four Ramy (Stoning)

Issue 393: Ramy (stoning) is the fourth obligation of hajj and the first rite performed in the land of Minā. On the 10th of Dhul-Ḥijjah, ramy (stoning) at Jamarah of ‘Aqabah should be performed.

Issue 394: In ramy (stoning), some conditions to be followed are mentioned below:

1. Intention with its conditions as mentioned for intention of iḥrām;

2. Ramy (stoning) should be performed with pebbles and not with something smaller (like sand) nor bigger (like stone);

3. The time of ramy (stoning), for those who are capable, is from sunrise to sunset on the day of Eid;

4. The pebble must hit the jamarah. If these stones do not hit it or a person doubts about the stones' hitting jamarah, he/she should throw another pebble instead. It is insufficient to throw stones just at the area around the jamarah without hitting it;

5. Seven pebbles should be thrown at it;
6. Pebbles should be thrown consecutively .i.e. if a person throws all these pebbles at once it will be considered only one turn, even if all the pebbles strike the jamarah.

Issue 395: They have lengthened the three jamarahs towards Mecca and Mash‘ar (apparently the old jamarahs are located in the middle of the new ones). If it is possible to identify the old jamarahs, one should strike pebbles at it. However, if it is hard to find the old jamarahs, one should throw pebbles at any part of the new ones.

Issue 396: It is permissible to perform ramy (stoning) from the upper floor (the bridge of Jamarāt). However, on the basis of caution, it is better to perform it from the previous place.

Issue 397: The chosen pebbles for stoning should have the following characteristics:

1. It should be from the boundary of the Holy Ḥaram. Therefore, if it is brought from outside of the Holy Ḥaram, it is not sufficient.

2. They should be untouched meaning nobody may have used them for ramy (stoning) previously.

3. Pebbles should be permissible. So, stoning with pebbles that were collected by another person without his permission, is not valid. However, purity of pebbles is not required.

Issue 398: The women and the weak — who are allowed to go from Mash‘ar ul-Ḥarām to Minā during the night before the Eid — may perform ramy (stoning) at Jamarah al-‘Aqabah at night in case they are unable to perform it on the day of Eid. Rather, all women can perform ramy at night, provided that the ramy is for the hajj they are doing, whether they are performing their own hajj or [the whole hajj] on behalf of another person.

But, on the basis of obligatory caution, if a woman is doing [only] ramy on behalf of another person, her act of performing ramy is incorrect at night even if she is unable to do it during the day. Those who accompany the women or the weak may perform ramy (stoning) at Jamarah al-‘Aqabah during the night only if they are themselves excused. Otherwise, it is obligatory that ramy (stoning) should occur during the day.

Issue 399: Besides women — who can perform ramy during the night before Eid even in normal cases — those who are excused from performing ramy (stoning) on the day of Eid may perform this deed at the night before/after Eid. Likewise, those who are excused from performing ramy (stoning) on the day of 11th or the 12^th Dhul-Ḥijjah, they may perform it at the next/previous night.

Chapter Five Slaughtering Hady

Issue 400: Slaughtering an animal is the fifth obligation of hajj and the second rite of Minā.

Issue 401: It is obligatory for a person who is performing hajj tamattu‘ to slaughter one of the three types of animals: camel, cow, goat or sheep. It does not matter whether the animal being slaughtered is male or female. The best slaughter is a camel. However, slaughtering animals other than what is mentioned above is not sufficient.

Issue 402: Slaughtering is amongst rites of worship and it should be performed with intention taking care of all the conditions necessary for the intention of iḥrām.

Issue 403: The conditions and specifications of slaughtering are as follows:

1. On the basis of obligatory caution, a camel should have entered in its sixth year of age, a cow and goat should have entered their third year of age, and in case of a sheep, it should have entered the second year of its age. This age range is the minimum limit. However there is no maximum regarding the age, .i.e. if an animal for slaughter is above this limit, it is sufficient provided that it is not too old.

2. The animal should be healthy and physically sound.

3. It should not be lean in form.

4. All the parts of its body must be perfect. Therefore, slaughtering a defective, castrated animal is not sufficient. However, if the testes of an animal are pounded without castration, slaughtering it is sufficient. Therefore, slaughtering an animal with a cut tail/ear; a blind, paralyzed animal; an animal whose internal part of horn is broken; or an animal born with these defects is not sufficient. Similarly, slaughtering an animal that lacks a body part/organ while other animals of the same species have it so that lacking it is considered a defect would be considered invalid. However, there is no objection in slaughtering an animal if one of its external parts of horn is broken (the covering sheath over the internal horn) or its ear is pierced.

Issue 404: If an animal is slaughtered thinking that it is healthy but later it becomes apparent that it was sick or defective, one should slaughter another animal, if possible financially.

Issue 405: On the basis of obligatory caution, slaughtering should be performed after the ramy (stoning) of Jamarah al-‘Aqabah.

Issue 406: Based on caution, one should slaughter it on the day of Eid and do not delay it by choice. If he/she delays it deliberately, inattentively, ignorantly or due to a genuine excuse, on the basis of obligatory caution, he should slaughter the animal during the days of Tashrīq (11th, 12th and 13th of Dhul Hijjah) if possible. Otherwise, the person should slaughter the animal on any other day of the month of Dhul-Ḥijjah. There is no difference, whether it is slaughtered during the day or at night.

Issue 407: The site of slaughter is Minā. If one is prevented from slaughtering in Minā, he can slaughter at the substitute place that is prepared for slaughtering.

Issue 408: On the basis of obligatory caution, the representative in slaughtering should be a believer (Ithnā ‘Asharī/the Twelver). However, it is possible that belief is not a condition, if a person intends for this rite himself and hires a person only to slaughter.

Issue 409: It is a condition that one should slaughter himself or give the power of attorney to another person to slaughter. If somebody slaughters on behalf of another person without a latter’s previous power of attorney, the slaughter is objectionable and on the basis of caution, it would not be sufficient.

Issue 410: The slaughtering tool must be made of iron or stainless steel. If a person doubts regarding the tool, he should ascertain that it is made of iron or else the slaughter does not suffice.

Chapter Six taqsīr or ḥalq

Issue 411: Taqsīr or ḥalq is the sixth obligation of hajj and formulates the third rite at Minā.

Issue 412: It is obligatory to do ḥalq (shaving of the head) or perform taqsīr (to cut some of the hair or nails) after slaughtering an animal. The women should perform taqsīr as ḥalq is not adequate for them. It is based on caution that they should shorten some of their hair and nails. Men are allowed to choose between ḥalq and taqsīr. Shaving head is not obligatory for them but if they are performing hajj for the first time, on the basis of obligatory caution, they should shave their head.

Issue 413: Both ḥalq and taqsīr are acts of worship. It is obligatory to have pure intention for seeking nearness of Allah Almighty and it should be free from any sort of riyā (people pleasing tendency). So, if a person performs ḥalq or taqsīr without the conditions required for intention, ḥalq and taqsīr would not be sufficient and the things whose being ḥalāl depends on ḥalq and taqsīr would not become ḥalāl for him.

Issue 414: If a person seeks help from others in performing taqsīr or ḥalq, he must do intention himself.

Issue 415: It is based on obligatory caution, ḥalq or taqsīr should be performed on the day of Eid or else it must be performed on the night before the 11th day or it would be sufficient to do it any time after that.

Issue 416: For a person, who delays slaughtering of animal due to any reason and do not perform it on the day of Eid, it is not necessary to delay ḥalq or taqsīr. On the basis of obligatory caution, performing ḥalq and taqsīr is mandatory on the day of Eid. However, performing the ṭawāf of hajj and the other five ritual deeds in the Holy city Mecca in this state are objectionable. He should wait and perform these deeds after slaughtering the animal.

Issue 417: Ḥalq or taqsīr must be performed in the land of Minā i.e. performing these rites in other places by choice is not allowed.

Issue 418: If a person performs ḥalq or taqsīr outside the land of Minā deliberately, forgetfully or ignorantly, or goes out of Minā without taqsīr and ḥalq and performs all the deeds, it is obligatory to return to Minā for ḥalq and taqsīr and then repeat the following rites.

Issue 419: On the day of Eid, it is obligatory to perform ramy (stoning) at Jamarah al-‘Aqabah first, slaughter an animal if the animal for slaughtering is feasible for him, followed by taqsīr or ḥalq. If a person disturbs the order of rites deliberately, he/she has committed disobedience. Apparently, it is not obligatory for him/her to repeat these acts although it is compatible with caution to repeat these rites, if possible. This ruling also applies to a person who does not abide by the specific order of rites due to ignorance and forgetfulness.

Issue 420: If a person is unable to slaughter the animal on the day of Eid at Minā, but it is possible to slaughter it in the current slauterhouse situated outside Minā, it is based on obligatory caution to slaughter his/her animal and then perform ḥalq or taqsīr.

In case, if this deed is impossible for him, on the basis of obligatory caution, he/she should do ḥalq or taqsīr on the day of Eid and by doing so, the person would become free from state of iḥrām. However, he/she should delay fulfillment of five rites in the holy city of Mecca until the slaughtering of animal or else the validity of these rites is objectionable.

Issue 421: After doing ḥalq or taqsīr, all the things that were forbidden for a muḥrim will become ḥalāl for him except his spouse and scent.

Chapter Seven Practices in the Holy city of Mecca

Issue 422: The five obligatory rites in the holy city of Mecca, performed after the rites of Eid day in the land of Minā, are as follows:

1- Ṭawāf of hajj (termed as visiting ṭawāf);

2- Prayer of ṭawāf;

3- Sa‘y between Safā and Marwah;

4- Ṭawāf of nisā’; and

5- Prayer of this ṭawāf.

Issue 423: It is mustaḥabb to leave for the Holy city of Mecca from Minā, after fulfillment of the deeds of Eid day and perform the remaining rites of hajj: the two ṭawāfs, their prayers and sa‘y. It is permissible to delay them until last day of tashrīq or even to the end of the month of Dhul-Ḥijjah.

Issue 424: The method of the ṭawāfs, associated prayers and sa‘y are the same as ṭawāf, prayer and sa‘y for ‘umrah; the only difference is that intention for hajj should be made.

Issue 425: It is not permissible to perform the above mentioned rites before the wuqūf at ‘Arafāt and Mash‘ar and the practices of Minā. However, this is permitted for the following three groups:

First: The women who fear that they may menstruate or face pureperium (nifās) lest they might not wait for purification after returning to the Holy city of Mecca to perform ṭawāf and its prayer.

Second: The men and women who are unable to perform the ṭawāf after returning to Mecca due to crowd or unable to return to the holy city of Mecca at all.

Third: The sick who are unable to perform the ṭawāf after returning to the holy city of Mecca due to crowd or feel fear of it.

Issue 426: If the above mentioned groups perform two ṭawāfs, associated prayers and sa‘y and then their excuse is removed, repetition of rites is not obligatory for them, although it is better that they perform these rites.

Issue 427: Whoever performs deeds in the Holy city of Mecca in advance due to genuine reason, (such as the above mentioned groups), women and perfume would not be ḥalāl for him, but after ḥalq or taqsīr all the forbidden things will be ḥalāl for him.

Issue 428: Ṭawāf of nisā’ and its prayer are obligatory but are not considered among the fundamental elements of hajj. Therefore, if a person neglects them deliberately, his hajj would not be void. However, his wife will not be ḥalāl for him (he is not allowed to have intercourse with his wife).

Issue 429: Ṭawāf of nisā’ is not only for men, but it is also obligatory for women. So, those men who neglect it their wives are ḥarām for them and similarly, women who neglect it their husband are ḥarām for them.

Issue 430: It is not permissible to perform sa‘y before ṭawāf of hajj or its prayer by choice. It is also impermissible to perform ṭawāf of nisā’ before the ṭawāf of hajj, its prayer and its sa‘y. So if a person does not follow the right sequence of deeds, he/she should repeat these deeds.

Issue 431: If a person inattentively/deliberately neglects ṭawāf of nisā’ and returns back to his country if possible without any difficulty, he should perform it. Otherwise, he should hire a representative. For such a person, women would not become permissible unless ṭawāf and its prayer are performed by himself or by his presentative.

Issue 432: All the things that become ḥarām during iḥrām for ‘umrah become ḥarām during iḥrām for hajj, too. They become ḥalāl again in the following steps:

First: After ḥalq or taqsīr, everything becomes ḥalāl for the pilgrim except for women and using scent. Even hunting becomes ḥalāl in general, although it is ḥarām to do it inside the Ḥaram.

Second: After sa'y, using scent becomes ḥalāl.
Third: After ṭawāf of nisā’, women become ḥalāl for men, and vice –versa.

Chapter eight Staying at Minā during the night

Issue 433: It is the twelfth obligation of hajj and the fourth act at Minā.

Issue 434: It is obligatory to spend the night before 11th and 12th Dhul-Ḥijjah at Minā. Therefore, if a person goes to the holy city of Mecca from Minā on the day of Eid ul-Adha in order to perform two ṭawāfs, and their prayers and sa‘y, he/she should return to spend the night at Minā.

Issue 435: Spending the night at Minā is not mandatory for the following three groups:
a) The sick, and those who take care of the sick people, and all the people who have a genuine excuse and are unable to spend the night there.

b) The person who is afraid of getting lost or their property in Mecca may be stolen.

c) Those who stay at the holy city of Mecca for worship and spend the whole two nights until sunrise and do not perform anything except worship i.e. they spare only sometime for basic life activities such as eating food and using toilet.

Issue 436: Spending night at Minā is an act of worship and should be performed with the intention accompanied by the conditions mentioned before.

Issue 437: Spending night from sunset to the middle of night is adequate. Those, who do not observe spending night in first part of the night without excuse, should spend the second half of the night at Minā though it is not remote to say that in normal conditions spending the second half of the night at Minā is also permissible.

Issue 438: Whoever neglects the obligatory spending night at Minā without spending night for worship in the holy city of Mecca must pay kaffārah i.e. a sheep for each night. On the basis of caution, this ruling is applied to excused, ignorant and forgetful people as well.

Issue 439: Whosoever is allowed to go out of Minā' on the 12th day should go out after shar‘ī noon and it is not permissible for him to exit before 'noon'.

Chapter Nine Ramy (stoning) of the Three Jamarahs

Issue 440: It is the 13^th obligation of hajj and the 5^th practice at Minā. The method and conditions of performing ramy (stoning) of the three jamarahs is similar to the method of ramy (stoning) Jamarah al-‘Aqabah on the day of Eid.

Issue 441: One should throw stones at the three jamarahs (the first, the middle and the last) during the day after the night in which mabīt (staying in Mināduring the night) is obligatory.

Issue 442: The time duration for ramy (stoning) is from sunrise till sunset. Thus, it is impermissible, in normal conditions, to perform this deed during the night. The shepherd and those who have a reasonable excuse for performing ramy (stoning) during the day such as fear for their money, life or honor are exempted. Likewise, weak individuals such as women, old men and children, who are afraid of big crowd, are also excluded from this ruling and allowed to perform ramy (stoning) at night.

Issue 443: The people, who are excused from ramy (stoning) during the day, but able to do it at night, are not allowed to appoint a representative for ramy (stoning). They must perform this act themselves at the night before or after the ramy day.

However, those who are unable to perform ramy (stoning) even at night, like sick persons, are allowed to appoint a representative for that task. However, if at the time of hiring another person, he/she is hopeful to become free from excuse, on the basis of obligatory caution, he /she should repeat the act of ramy (stoning) at night if he/she becomes free from that excuse during the night.

Issue 444: For a person who is unable to perform ramy (stoning) and appoints a representative and he/she performs the ramy but then before the time for performing ramy is over the person becomes free from the excuse, there are two case: a) at the time of appointing a representative, he does not hope that the excuse may be removed so the representative does the ramy. In this case, this ramy is enough and it is not necessary to do it himself/herself again; and b) he/she is hopeful that the excuse may be removed. In this case, although hiring a representative is allowed, on the basis of obligatory caution, after the removal of his excuse, he should repeat the act of ramy (stoning).

Issue 445: The ramy (stoning) at the three jamarahs is obligatory but it is not considered the fundamental element (rukn) of hajj.

Issue 446: The specific order to perform ramy is as follows: Firstly, ramy Jamarah Oulā followed by wusṭā and finally the ‘Aqabah should be performed. One should throw seven pebbles at each jamarah according to the prescribed method and conditions.

Issue 447: For a person who forgets ramy of all the three jamarahs and goes out of the land of Minā if he/she remembers during the days of tashrīq, it is obligatory to return back to Minā if possible, and perform ramy; otherwise he/she must appoint a representative for doing it on his behalf.

If he/she remembers it after the days of tashrīq or deliberately delays it, on the basis of obligatory caution, he/she or his/her representative should return to Minā to do it and perform ramy again next year with intention of qaḍā’ or appoint a representative for this purpose.

If a person forgets ramy at jamarahs and goes out of the holy city of Mecca, on the basis of obligatory caution, should perform it with intention of qaḍā’ next year or appoint a representative for the act.

Issue 448: It is permissible to throw pebbles at every side of jamarahs. It is not necessary to face qiblah during stoning of Jamarah Oulā and wusṭā. Similarly, it is not necessary that one's back face qiblah while throwing pebbles at the Jamarah ‘Aqabah.