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Second: Cleanliness from the major and minor uncleanness so it is not permissible for a person who is polluted or menstruating or has had some minor pollution, irrespective of his having knowledge, or being ignorant or forgetful.
Problem # 1 If a person has had a minor pollution during the performance of the circumambulation, then if it occurs after the completion of the fourth round, he shall perform ablution, and perform the remaining round, and it shall be valid. If it were earlier, then it is more cautious for him to complete it by performing ablution, and also repeat it. If he has had the major pollution, he shall leave the mosque immediately, and repeat the circumambulation after having the ritual bath, if he has not already completed the fourth, round; otherwise, he shall complete the remaining rounds.
Problem # 2 If he has some excuse for the use of water, he may perform Tayammum in place of the ablution or the ritual bath. In case there is a hope of the removal of the excuse, it is more cautious to wait until the time becomes short.
Problem # 3 During the performance of the circumambulation, if a person doubts whether he had performed ablution or not, then if it occurs after the fourth round, he shall perform ablution, and complete (the remaining rounds of) the circumambulation, and it shall be valid. Otherwise, it is more cautious to complete it, and repeat it. If, during the performance of the circumambulation, he doubts whether he has had ritual bath after major pollution or not, he shall be bound to leave the mosque immediately, and if the doubt has occurred after the completion of the fourth round, he shall complete the circumambulation after having ritual bath, and it shall be valid, though it is more cautious to repeat the entire circumambulation. If the doubt has occurred before the completion of the fourth round, he shall complete circumambulation after having the ritual bath. If the doubt occurs after the completion of the circumambulation, he need not pay any heed to it, and cleanse himself for the rites that follow.
Third: Cleanness of the body and the garments. It is more cautious to avoid what is exempted in offering prayers, like blood in a quantity of less than a Dirham, or what does not let the prayer be complete, including a (forbidden) ring. It is, however, not necessary in case of blood of abscesses or wounds when there is some trouble for him in cleaning himself of them. It is more cautious to delay the circumambulation when there is a hope of their cleanness without causing any trouble to him, provided that it would not lead to shortage of time, in the same way as it is more cautious to clean or change the (unclean) garments, if possible.
Problem # 4 If, after completing circumambulation, a person comes to know of the uncleanness of his garments or body, then it is more proper to consider his circumambulation valid. If, before it, a person doubts about the cleanness of his body or garments, he may nevertheless perform it, and it shall be valid, except when he is certain about their uncleanness and he doubts whether he had cleaned them or not.
Problem # 5 If the uncleanness occurs during the performance of circumambulation, he shall complete it after having attained cleanness, and the circumambulation shall be valid. The same rule shall apply if he finds the uncleanness, and considers it to have occurred presently. But if he is certain that it was there even from the beginning of the circumambulation, then it is more cautious to complete the circumambulation after having attained cleanness, and then repeat it, particularly if the cleanness has taken a long time. In such case, it is more cautious to offer the prayer for circumambulation after having completed it, and then repeat the circumambulation and prayer as well. There is no difference in this caution whether he has completed the fourth round or not.
Problem # 6 If a person forgets cleaning, and recalls it after circumambulation or during its performance, it would be more cautious to repeat it.
Fourth: He must be duly circumcised. It is a condition for males, not for females. It is more cautious to observe it in case of children as well. If an uncircumcised child ties Ihram by the order of his guardian, or his guardian ties him Ihram, it shall be valid, but, according to the more cautious opinion, his circumambulation shall not be valid. If an uncircumcised person ties Ihram for Hajj, according to the more cautious opinion, his wives shall thereby be rendered unlawful to him. But if he performs the Tawaf al-Nisa' after having been circumcised or gets the circumambulation performed by another on his behalf, the wives shall be rendered lawful to him. If a child is born duly circumcised, his circumambulation shall be valid.
Fifth: Covering one's privy parts. If a person performs circumambulation without covering his privy parts, it shall be void. It is also a condition that the thing covering his privy parts must also be lawful, so that it shall not be valid in case of its being usurped. Rather, it shall also not be valid in case any of his other garments are usurped.
Sixth: According to the more cautious opinion, uninterrupted sequence between the rounds as per usual practice, in the sense that there must not be so much distance between the rounds as it may cease to be a single circumambulation.
Second Category of Essentials of Circumambulation & Its Conditions
The Second Category of its Essentials includes things that are considered part of the actual Circumambulation, but some of them belong to the category of Conditions. It is quite easy. They are as follows.
First: To begin (the circumambulation) with Hajar al-Aswad (Black Stone). It is achieved by starting from the first, middle or last part of the Black Stone.
Second: To end (each round) at the Black Stone. It is obligatory to end each round at the point from where it was started, this will complete one round.
The above two conditions are achieved by starting the circumambulation from any point of the Black Stone, and completing the seventh round at that very point from where the person had started.
It is not obligatory, rather it is not permissible to perform it in the way some of the people following their temptations and the ignorant that leads to disgrace to the faith of truth, so that if one follows them, there shall be hesitation in the validity of his circumambulation.
Problem # 7 One is not bound to stop after each round, nor is it obligatory to go forward and backward as done by the ignorant bringing disgrace to the faith.
Third: Perform circumambulation on the left side in a way that the holy Ka'bah be on the left side of the person performing it. It is not obligatory that the Bait (Allah), in all circumstances, be virtually parallel to ones shoulders, and so if there is a little deviation on reaching the Isma’il Stone, it would be valid, even if the Bait (Allah) were inclined towards his back, but the round were according to the usual practice.
The same shall be the case even if this happened while crossing the corners of Bait (Allah). So there shall be no objection if the round were performed in the usual manner as is done by other Muslims.
Problem # 8 To be cautious that, in all circumstances, Bait (Allah) is, on the side of the left shoulder, even if he were very weak. It shall be obligatory if it would cause notoriety and disgrace to the faith.
There shall be no objection if a learned sane person does it in a way that it may not be contrary to Taqiyyah or cause notoriety.
Problem # 9 If a person performs circumambulation contrary to the usual practice in some of the rounds, for instance, due to some hindrance his face becomes towards or behind the Ka'bah, or he performs it backwards contrary to the usual practice, he shall be bound to compensate it, and it shall not be permissible to consider it sufficient.
Problem # 10 If, due to overcrowding a person loses control in his circumambulation, so that he performs it from his left side without control, he shall be bound to compensate it, and perform it with control, and not to suffice with what he has done.
Problem # 11 Circumambulation shall be valid, irrespective of the manner in which it is performed, whether slowly or rapidly, riding or on foot, but it is better if it is performed on foot in a normal gait
Fourth: Inclusion of the Stone of Ismail, Peace be upon him, in circumambulation. So a person must perform circumambulation outside it around Bait (Allah), so that if he performs it from inside or on its wall, it shall be void, and he shall be bound to repeat it. If he does it deliberately, he shall be governed by the rule for one who invalidates it deliberately, mentioned before. If he does it inadvertently, he shall be governed by the rule concerning one who does it inadvertently. If he contravenes the rule in any of the rounds, it shall be more cautious to repeat it. Apparently it is not necessary to repeat it, though it is more cautious to do it.
Fifth: The circumambulation must be performed between Bait (Allah) and Maqam-i Ibrahim, Peace be upon him, with due consideration of its distance between them from other sides as well, so that it may not exceed it.
It is said that the distance between them must be 26 ˝ cubits, and it shall be indispensable for the distance in all the sides to be more than that.
Problem # 12 It is not permissible to include Maqam-i Ibrahim in one's circumambulation. If he includes it, it shall be void.
If he includes it in some of the rounds, he shall be bound to repeat those rounds. It is more cautious to repeat the circumambulation after completing the rounds excluding Maqam-i Ibrahim.
Problem # 13 The room for circumambulation becomes narrow behind the Hajar-i-Isma'il to its extent. They say there remains about 6 ˝ cubits there, so it is obligatory not to exceed this limit. Anyone exceeding it shall be bound to compensate it.
Sixth. Being outside the wall of the Bait (Allah) and its foundation. If a person walks on them, it shall not be valid, and he shall be bound to compensate it, as a person walking on the wall of the Hajar-i Ismail has to compensate it by repeating that portion. There is no harm in putting one's hand on the wall beside the Shadarvan (a water-driven gadget), though it is better to avoid it.
Seventh: The circumambulation must consist of seven rounds.
Problem # 14 If a person intends to perform more or less than seven rounds, his circumambulation shall be void, even if he has completed seven rounds. It is more cautious to treat a person ignorant of the rule, rather even if a person does it inadvertently or negligently as regards the obligation of repeating the (seven) rounds.
Problem # 15 If a person considers a round after seven obligatory rounds to be approved one and so he intends to perform seven obligatory rounds and then performs another approved round, it shall be valid.
Problem # 16 If a person reduces part of the circumambulation inadvertently, then if he has already completed more than half of it, he shall be bound to complete it, except that it is intervened by a lot of (irrelevant) work, in which case it is more cautious to complete the circumambulation, and repeat it. If he has not completed more than half of circumambulation, he must repeat it, though it is more cautious to complete and then repeat it.
Problem # 17 If a person does not recall the deficiency except, suppose, after returning to his homeland, then, if possible, he shall be bound to return to Mecca to perform it anew. If it is not possible, or it may cause distress, he shall employ someone else to do it on his behalf. It is more cautious to complete it, and then repeat it.
Problem # 18 If a person performs more than seven rounds inadvertently, then if the excess is confined to less than a single round, he shall discontinue it, and his circumambulation shall be valid. If it were a single or more rounds, then it is more cautious to complete seven rounds with the intention of seeking closeness (to Allah) without specifying it to be approved or obligatory, and offer two Rak'ats of prayer before Sa'y, and treat them as those offered for the obligatory one without specifying them for the first or second circumambulation, and also offer two Rak'ats after Sa'y for other than the obligatory one.
Problem # 19 An approved circumambulation may be discontinued without any excuse. According to the stronger opinion, same is the case with an obligatory one, though it is more cautious not to discontinue it in a way not to return to it in a way that it may not be treated as uninterrupted one according to the usual practice.
Problem # 20 If a person discontinues his circumambulation, (but does not do anything repugnant including even a long interval, he shall complete it, and it shall be valid. But if he does something repugnant, then if he had discontinued it after completing the fourth round, it shall be more cautious to complete it, and then repeat it
Problem # 21 If some excuse occurs during circumambulation like an ailment or pollution without his control, then if it were after completing the fourth round, he shall complete it after the removal of the excuse, and it shall be valid. Otherwise, he shall repeat it
Problem # 22 If, after the circumambulation and return, a person suspects that he has performed excessive rounds, he must not pay heed to it and deem it valid. If he suspects that he has performed lesser rounds, the same rule shall apply, though with hesitation, and so caution must not be given up. If he doubts about its validity as when suspecting having performed it without fulfilling a condition or the existence of a hindrance, he shall deem it valid, even if the doubt has occurred after return having already completed seven rounds without any excess or deficiency.
Problem # 23. If a person suspects of excess in circumambulation after reaching the Black Stone, he shall deem it valid. But if, before reaching the Black Stone, he doubts, suppose, whether his present round was seventh or eighth, it shall be void. So also, if, in the end or middle of a round, he doubts whether it is the seventh, sixth or any other lesser round, his circumambulation shall be rendered void.
Problem # 24 A person in the habit of doubting about the number of rounds shall not pay heed to his doubt. It is more cautious for him to have some reliable person to count the number of rounds. A presumption about the number of rounds is deemed at par with doubt.
Problem # 25 If, during the performance of Sa'y, a person realizes that he has not performed circumambulation, he shall discontinue it, perform circumambulation, and then repeat Sa'y. If he is certain about a deficiency in his circumambulation, he shall discontinue Sa'y, complete the deficiency, return and complete the remaining Sa'y, and it shall be valid, though it is more cautious to complete the circumambulation, and repeat it if it were less than four rounds. The same rule shall apply if he has completed less than four rounds, and he recalls (that his circumambulation was deficient, he shall complete the remaining rounds of Sa'y and repeat it).
Problem # 26 Talking, laughing or reciting poetry does not harm one's circumambulation, but it is disapproved, and it is approved to recite Qur'anic verses, Du'as and remember Allah, the Exalted during circumambulation
Problem # 27 It is not obligatory to keep one's face towards the front, rather one may turn it towards his left, right or back. One may even discontinue it, and go and kiss Bait (Allah) and return to complete it, as one may also sit or lie down during its performance to the extent that it may not harm its usual sequence. Otherwise, it is more cautious to complete it and repeat it
Chapter Fifteen - Prayers for Circumambulation
Problem # 1 After the performance of circumambulation, it is obligatory to offer two Rak'ats of prayer for it. According to the more cautious opinion, one is bound to expedite it after circumambulation. Its procedure is similar to that of the Morning Prayer, and one may recite any Surah of the Qur'an in it except those entailing Sajdah. It is approved to recite Sarah al- Towhid (Chapter 112 of the Qur'an) in the first Rak'at and Surah al-Jahd (Surah al-Kafirun, Chapter 109 of the Qur'an) in the second Rak'at .One may recite the Surahs loudly or quietly.
Problem # 2 A doubt about the number of Rak'ats shall entail invalidation of the prayer. In such case, it is not far from depending on presumption. This prayer is also governed by the rules applicable to other obligatory prayers.
Problem # 3 It is obligatory to offer this prayer near Maqam-i Ibrahim, and it is more cautious to 'offer it on the backside of the Maqam. It is preferable to be as close to the Maqam as possible, but not in a way that may disturb others. If, due to overcrowding, it is not possible to offer the prayer on the back of the Maqam, one may offer it on the right or left of the Maqam.
If it is not possible to offer the prayer near the Maqam, one must choose a place nearest to it from both sides or the back of the Maqam. In case of all sides being equal, one must choose the place on the back of the Maqam. If both the sides are closer than the backside of the Maqam, but all of them are beyond the limit to be called near the Maqam, it is not far from sufficing with its backside, but it is more cautious to offer another prayer in any of the two sides observing the closeness to the Maqam.
It is more cautious to offer prayer on the back of the Maqam if it is possible up to the time when the time for Sa'y falls short.
Problem # 4 If a person forgets offering the prayer, he must offer it near the Maqam whenever he recalls it If he recalls it during Sa'y, he must return and offer the prayer and then complete the Sa'y from where he had left it, and it shall be valid. If he recalls them after the performance of the rites performed after it, he shall not be bound to repeat them after offering the prayer.
If he recalls it at a place where it is distressing for him to return to the Masjid al- Haram (to offer the prayer), he shall offer the prayer wherever he happens to be at that time, even if it were another town.
It is not obligatory to return to the Haram even if it were easy. A person, ignorant of the rules, shall be deemed at par with one who is negligent of the rules.
Problem # 5 If a person dies, and he owes the prayer for circumambulation, his eldest son shall be bound to compensate it.
Problem # 6 If a person is neither able to recite the prayer correctly, nor is able to learn it, he shall offer the prayer as he can, and it shall be valid. If it is possible to be prompted, it shall be more cautious to do so. It is more cautious to imitate a morally sound person, but he must not suffice with it, as one is not to suffice with an agent.
Problem # 1 After offering two Rak'ats of prayer for circumambulation, it is obligatory to perform Sa'y between Safa and Marvah, and one is bound to perform seven rounds of it, one round being from Safa to Marvah and another being from Marvah to Safa. One is bound to start from Safa and end at Marvah, so that if one reverses it, it shall be void. (In case a person does otherwise,) he is bound to repeat it wherever he recalls it, even if it were during the performance of the Sa'y.
Problem # 2 According to the more cautious opinion, it is obligatory to start the Sa'y from the first part of Safa. If a person climbs some of the stairs of the mountain and starts Sa'y, it shall suffice.
It is also obligatory to end it at the first part of Marvah, and it is sufficient to climb some of the stairs. One may perform Sa'y riding or on foot, though it is preferable to perform it on foot.
Problem # 3 It is neither a condition in Sa'y to be clean of major or minor pollution nor to cover the privy parts, though it is more cautious to be clean of the major pollution.
Problem # 4 It is obligatory to perform Sa'y after the circumambulation and offering its prayers. If a person performs it earlier, he shall repeat it, even if he has not done so deliberately and despite knowledge (about its rule).
Problem # 5 It is obligatory to perform Sa'y in the usual way, so that a serious deviation from it is not permissible. Of course, it is permissible to perform it from the upper storey or the lower one, if it is supposed that both the storeys lie between the two mountains, neither above nor below the two mountains.
It is more cautious to adopt the way that was prevalent before the construction of the two storeys.
Problem # 6 During the performance of the Sa'y up to Marvah or Safa, it is a condition to face them, so that it is not permissible to walk backwards or with one's right or left towards them. But it is permissible to turn one's face to one's right or left or backward, as also it is permissible to sit or sleep at Safa or Marvah or between them before the completion of the Sa'y even without any excuse.
Problem # 7 It is permissible to delay the performance of Sa'y after circumambulation and its prayer for the sake of taking rest and easing heat (or) without any excuse until the nightfall, though it is more cautious not to delay it until the fall of night, and it is not permissible to delay it till the next day without any due excuse.
Problem # 8 Sa'y is a (kind of) worship ('lbadah), and so it is obligatory to observe all the conditions in worships like intention and sincerity (of purpose). It is a pillar (of Hajj) and the rule for abandoning it deliberately or inadvertently is similar to that applicable for abandoning circumambulation, mentioned before.
Problem # 9 If a person performs one or more rounds extra inadvertently in Sa'y, his Sa'y shall be valid. It is better to discontinue it wherever he realizes it, though it is not far from being valid to complete it up to the seventh round. If it were deficient, he shall be bound to complete it wherever he realizes it. If he returns to his hometown, and it is possible for him to return without distress, he shall be bound to do so. If it was not possible or it was distressing for him, he shall designate another person to do so on his behalf. If he performs some of the first round and then forgets and fails to perform Sa'y, it shall be more cautious to start it anew.
Problem # 10 If a person unties the lhram in an 'Umrat al-Tamattu' before completing Sa'y under the impression that he has completed it, and has sexual intercourse with his wife, according to the more cautious opinion, he shall be bound to complete Sa'y and expiate by slaughtering a cow. Rather, if before completing Sa'y, he trims the hair of his head, and performs such act (ie sexual intercourse with his wife), then it shall be more cautious for him to complete (Sa'y) and expiate. It is more cautious to apply this rule relating to Sa'y in both the events even in cases other than 'Umrat al- Tamattu'.
Problem # 11 If a person doubts about the number of rounds (in Sa 'y) after trimming the hair of his head, he need not pay heed to it and deem it to be valid. The same rule shall apply if, after the performance of the rite, he suspects that he has performed extra rounds. But if, after the performance of the rite and return, he suspects of deficiency (in the performance of the rounds), then there shall be hesitation in deeming it valid, and it shall be more cautious to complete the deficiency. If the doubt about its validity occurs after the completion (of the rite) or any round, he shall deem it valid. The same rule shall apply if he doubts about the validity of part of around after its completion.
Problem # 12 If, while in Marvah, a person doubts about the round being seventh or more, as, for example, the tenth one, he shall deem it valid. If, however, he doubts during the performance whether it is the seventh or, suppose, sixth round, his Sa'y shall be declared void. The same rule shall apply in similar cases of suspicion about some deficiency. The same rule shall apply if, before the completion of the round, he doubts whether his present round is the seventh or more.
Problem # 13 If, after trimming the hair of the head, a person doubts about the performance of Sa'y, he shall deem it to have performed it. If, after the day of performing circumambulation, he doubts about the performance of Sa'y, it shall also not be far from deeming it to have performed it, but it shall be more cautious to perform it, if the doubt has occurred before trimming the hair of his head.
Problem # 1 After the performance of Sa'y, it is obligatory to perform Taqsir, i.e., trimming an amount of nails, or the hair of the head, moustaches or beard. It is better not to suffice with trimming the nails, and so also it is not sufficient to shave the hair of the head, not to speak of the beard.
Problem # 2 Taqsir is (type of) worship. It is obligatory in it to have intention with all its conditions. If it is impaired, the person's Ihram is rendered invalid except when restored.
Problem # 3 If a person abandons Taqsir deliberately, and ties Ihram for Hajj, his 'Umrah shall be rendered invalid, and apparently his Hajj shall become Hajj al-Ifrad. It is more cautious for him to perform 'Umrat al-Mufradah after completing his Hajj and also perform Hajj next year.
If he forgets performing Taqsir until tying Ihram for Hajj, his 'Umrah shall be valid. It shall be approved for him to sacrifice a sheep; rather, it shall be more cautious (to do so).
Problem # 4 After performing Taqsir, everything which had become unlawful to him shall be rendered lawful including (enjoying) women (sexually).
Problem # 5 There is no Tawaf al -Nisa’in an 'Umrat al- Tamattu'. If a person performs with the hope (that it shall be desirable to Allah) or by way of caution, there shall be no objection.
Problem # 1 After 'Umrah, it is obligatory to tie Ihram for Hajj and staying in 'Arafat with the intention of seeking closeness (to Allah) like all other worships. It is more cautious to do it from noon on the 'Arafah Day to legal time of Maghrib. It is not far from being valid to delay it to the extent that the prayers for Zuhr and 'Asr may be offered when they are joined, though it is more cautious not to delay it. It is not permissible to delay it until 'Asr.
Problem # 2 By staying here is meant to be present in that holy place, irrespective of riding or otherwise and walking on foot or otherwise. Of course, if a person has all the time been sleeping or swooned, his staying there shall be considered invalid.
Problem # 3 The above-mentioned staying at 'Arafat is obligatory, but the pillar in it is nominal staying even if for a minute or two. If a person abandons it, even a nominal one, his Hajj shall be cancelled. But if he stays to the nominal extent and gives up the rest deliberately, his Hajj shall be valid, but he shall be considered to have sinned.
Problem # 4 If a person leaves 'Arafat deliberately before the legal time of Maghrib, and goes beyond its limits and does not return, he shall be liable to slaughter a camel for Allah at any place he likes, though it is better to slaughter it at Mecca. If he is not able to slaughter a camel, he must fast for eighteen days. To be more cautious it is better that the fast must be without interruption. If he has left 'Arafat inadvertently and realizes it subsequently, he shall be bound to return. If he fails to return, he shall be considered to have sinned, but shall not be liable to expiate, though it would be more cautious to do so. A person ignorant of the rule is at par with a forgetful person. If he does not recall it until the expiry of the time, he shall be under no liability.
Problem # 5 If a person leaves ‘Arafat before sunset deliberately, and then repents and returns and stays until sunset, or returns for some business, but after return stays with the intention of seeking closeness (to Allah), he shall not be liable to expiate.
Problem # 6 If a person gives up stay in ‘Arafat from noon to sunset due to some excuse like forgetfulness or shortage of time, or the like, it shall be sufficient for him to pass some time from the night of Eid (al-Adha) there even if it were a little, and that is the emergency time for ‘Arafat. If he gives up the emergency time deliberate and without any due excuse, then apparently his Hajj shall be cancelled, even if he arrives at Mash'ar (al-Haram). If he gives up both the free and emergency times due to some excuse, it shall be sufficient for the validity of his Hajj to have as voluntary stay at Mash'ar al-Haram, the details of which shall follow.
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