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It is obligatory to stay in Mash'ar al-Haram from the dawn on the day of Eid (al- Adha) to sunrise. It is a worship in which intention with all its conditions is obligatory. To be more cautious it is obligatory to stay there with pure intention on the night of Eid (al-Adha) upto dawn after setting out from ‘Arafat. Then intention should be made for staying between the two rises (i.e., the dawn and the sunrise). It is approved to set out from Mash'ar (al-Haram) before the sunrise in a way that one may not pass from the Valley of Muhassir. If he passes from there, he shall be considered to have committed insubordination, but he shall not be liable to expiate. It is more cautious to set out in a way not to reach the Valley of Muhassir before sunrise. The pillar is staying (in Mash'ar al-Haram) from dawn to sunrise upto the extent that it may be called a nominal stay even if for a minute or two. If a person gives up stay between the two rises (i.e, the dawn and the sunrise) absolutely, his Hajj shall be cancelled, according to the details that follow.
Problem # 1 For weak persons like women, children and old men or those who have some excuse like fear or ailment, or those who accompany them to look after them and attend (during their illness), it is permissible to set out from Mash'ar (al-Haram) on the night of Eid (al-Adha) after staying for some of its time. The caution that is not to be given up is that they should not set out before mid-night. It is not obligatory on these groups of people to stay between the two rises (i.e., the dawn and the sunrise).
Problem # 2 If a person sets out before morning without any excuse and deliberately, and does not return until sunrise, if his stay at ‘Arafat has not been wasted and he has stayed at Mash'ar (al-Haram) at the night of Eid (al-Adha) until the morning, his Hajj shall be valid, according to the prevalent opinion, and he shall be liable to slaughter a sheep, but, according to the more cautious opinion its rule is otherwise, According to the more cautious opinion, he shall be bound to perform Hajj next year.
Problem # 3 If a person fails to stay between the dawn and sunrise and stay at night due to some due excuse, though he has stayed at ‘Arafat, then if he has passed some time from the morning to the day of Eid (al-Adha) upto the noon and has stayed at Mash'ar (al-Haram) even for a little time, his Hajj shall be valid.
Problem # 4 It has become clear from what has been mentioned before that one is required to stay at Mash'ar (al-Haram) three periods once at free time that is between dawn and sun-rise, and twice at emergency time: once at the night of Eid (al-Adha) in case of one who has some due excuse, and another time from sunrise on the day of Eid (al-Adha) upto noon in a similar case. (It has also become clear) that for the stay at Arafat there is a free time that is from the noon of the day of 'Arafah upto the legal sun-set (or Maghrib), and an emergency time that is on the night of Eid (al-Adha) for those having some excuse. As there are several cases where one has reached either or both of the two staying places at the free time or at emergency time, alone or collectively, deliberately, inadvertently or forgetfully, we shall describe some of the cases of occurrence.
First: When a person has reached both the places at the free time, in which there is no hesitation in the validity of his Hajj from this point of view.
Second: When one has failed to reach whether freely or in emergency in either of the places, in which case there is no hesitation in declaring it invalid, irrespective of its occurring deliberately, inadvertently or forgetfully, so that the person shall be bound to perform 'Umrat al-Mufradah with the Ihram he has tied for Hajj. It is better to revert his intention to 'Umrat al-Mufradah. It is more cautious for a person having a sacrificial animal to slaughter it. If the failure has been without any fault, he shall be bound to perform Hajj except after having fulfilled the conditions for its capability next year. If it were due to his fault, obligation of Hajj shall be established on him, and he shall be bound to perform Hajj next year, even if he did not fulfill the conditions for its capability.
Third: When a person reaches ‘Arafat at the free time and in emergency on the day of Mash'ar (al-Haram). Then if he abandoned deliberately the free time at Mash'ar (al- Haram), his Hajj shall be rendered invalid; otherwise, it shall be valid.
Fourth: When he reached Mash'ar (al-Haram) at the free time and at ‘Arafat in emergency time, then if he has abandoned the free time at ‘Arafat deliberately, his Hajj shall be declared invalid; otherwise, it shall be valid.
Fifth: When he reached ‘Arafat at the free time and at Mash'ar (al-Haram) at the emergency night time. If he has abandoned the free time at Mash’ar (al-Haram) due to some excuse, his Hajj shall be valid; otherwise, according to the more cautious opinion, it shall be declared invalid.
Sixth: When he reached ‘Arafat in emergency and Mash 'ar (al-Haram) in emergency night time. Then if he has done it with some due excuse, and has abandoned the free time of 'Arafat inadvertently, according to the stronger opinion, his Hajj shall be valid. If it were without a due excuse and he has abandoned the free time of ‘Arafat deliberately, his Hajj shall be declared invalid; otherwise. If he has abandoned the free time of Mash'ar (al-Haram) deliberately, then, according to the more cautious opinion, the same rule shall apply, as, according to the more cautious opinion, the same rule shall apply even if it was done inadvertently.
Seventh: When he reached ‘Arafat in emergency time and Mash'ar (al-Haram) at the emergency day time. Then if he has abandoned any of the free times deliberately, his Hajj shall be declared invalid; otherwise, it shall not be far from being valid, though it shall be more cautious for him to perform Hajj next year, if he is capable.
Eighth: When he reached ‘Arafat only at the free time. Then if he has abandoned Mash'ar (al-Haram) deliberately, his Hajj shall be declared invalid; otherwise, according to the more cautious opinion, the same rule shall apply.
Ninth: When he reached ‘Arafat only in emergency time, then his Hajj shall be declared invalid.
Tenth: When he reached Mash 'ar (al-Haram) only at the free time. Then if he has not abandoned deliberately the free time of ‘Arafat, his Hajj shall be valid; otherwise, it shall be invalid.
Eleventh: When he reached Mash'ar (al-Haram) only in the emergency day time, his Hajj shall be declared invalid.
Twelfth: If he has utilized the emergency night time only. Then if he were one having some due excuse, and has not abandoned stay at ‘Arafat deliberately, according to the stronger opinion, his Hajj shall be valid; otherwise, it shall be invalid.
There are three Essential Rites of Mina. They are as follows
First: Throwing pebbles at the Jamrat al-'Aqabah (the Bigger Satan). It is a condition that they should be such as may be called pebbles. So it is not permissible to throw sand, stones or porcelain, or the like. It is also a condition that they must belong to the Haram, so that they are not allowed to belong to outside Haram, and that they should be unused, so that they may not have been used before, even if several years back. They must be lawful, and not usurped, nor those gathered by someone else when used without his permission. It is approved that they must belong to Mash'ar (al-Haram).
Problem # 1 The time for throwing the pebbles is from sunrise of the day of Eid (al- Adha) to its sunset. If a person forgets it, it is allowed to be done up to the third day. If he fails to recall it until after the third day, then, according to the more cautious opinion, he may do it next year or appoint someone else to do it on his behalf.
Problem # 2 One is bound to observe a few things in throwing the pebbles. Firstly, there must a pure intention for Allah, the Exalted as in other worships. Secondly, the pebbles must be thrown in a way that it may be called throwing. If a person places them with his hand on the object on which they are to be thrown, it would not suffice. Thirdly, the pebbles must be thrown with the hand, so that it is sufficient if they are thrown with the feet. It is also more cautious not to throw them with a device like catapult, though it is not far from being valid. Fourthly, the pebbles must reach the object on which they are thrown, so that if they do not reach it, they shall not be counted. Fifthly, the pebbles must reach the object by his throwing. So if a person throws them imperfectly, and the act is completed with the help of an animal or human being, it shall not suffice. Of course, if a person throws a pebble and it strikes against a stone, and from there it rises and reaches the object intended, it shall be valid Sixthly, and the pebbles must be seven in number. Seventhly, the pebbles must be thrown one after another. So if they are thrown all at once, they shall be counted as one, even if they reach the object one after another, in the same way as if he throws them one after another, it shall be valid, even if they reach all at once.
Problem # 3 If a person doubts whether the pebbles have been used previously or not, he shall be allowed to throw them. Likewise, if he suspects that they belong to a place other than Haram and have been brought from outside, he must not pay heed to it. If he doubts whether the word pebbles are applicable to them, he shall not suffice with them. If he doubts about the number of the pebbles, he shall be bound to throw them until he is certain of their number being seven. Likewise, if he doubts whether the pebbles have reached the object intended, he shall throw them until he is sure of it. The presumption about what has been said is at par with doubt. If a person doubts about throwing the pebbles or their number after slaughtering the (sacrificial animal) and shaving the hair of the head etc., he shall not pay heed to it. But if the doubt about the number of the pebbles occurs before the two acts after being engaged in some other act, then if it relates to their deficiency, it shall be more cautious to return and complete the number but no heed must be paid if it relates to excess. If a person doubts about the validity of throwing pebbles after its completion, he shall decide in favour of its validity provided that the doubt does not relate to the number (of the pebbles).
Problem # 4 It is not a condition that the pebbles be clean, nor is it a condition that the person throwing them must be clean of the major or minor pollution.
Problem # 5 If a person is unable to perform throwing pebbles, like a child, or a sick or fainted person, he may appoint another person to perform it on his behalf. It is approved, if possible, to carry the sick person to the object on which pebbles are thrown and to throw the pebbles in his presence, rather it is more cautious to do so. If the sick or fainted person recovers after the completion of throwing the pebbles, he shall not be bound to repeat it. But if it occurs during the act, it shall be started anew, and there is hesitation in accepting as sufficient the pebbles thrown by the agent.
Problem # 6 If a person is unable to throw pebbles on the day' of Eid (al-Adha), he may do it at night.
Problem # 7 Throwing pebbles may be done on foot or while riding, though the former is more preferable.
Second: Sacrificing an animal that is bound to be from one of these three animals, namely, a camel, a cow or a sheep. A buffalo is treated like a cow. All other animals are not permissible. The more preferable is a camel, and then a cow. In case of capability, it is not sufficient for two or more persons to share a single animal for sacrifice. Even in case of necessity, there is hesitation in the sufficiency of sharing a single animal by several persons. It is, therefore, more cautious to share the sacrifice and at the same time keep fast.
Problem # 8 A sacrificial animal must fulfill the following conditions.
First: Age. According to the more cautious opinion, it is a condition in a camel that it must have entered the sixth year, and in a cow that it must have entered the third year. A goat is treated at par with a cow, while a sheep, according to the more cautious opinion, must have entered the second year.
Second: Physical Health. So an ailing animal shall not suffice, including even a bald one, according to the more cautious opinion.
Third: It must not be too old.
Fourth: It must be physically perfect, so that a castrated animal shall not suffice, and that an animal whose testicles have been removed. Nor shall an animal whose testicles have been crushed shall suffice, according to the more cautious opinion. Nor one is having no testicles by birth, or one whose tailor ears have been chopped off. Nor should the internal part of its horns be broken. However, there is no objection if the outer part of its horn is broken. It is not far from being valid if an animal has had no ear or horn by birth, though, according to the more cautious opinion, it is otherwise. If an animal is obviously blind or lame, according to the stronger opinion, it shall not be acceptable. The same rule shall apply even if its blindness or lameness is not obvious. There is no objection in an animal whose ear is split or perforated, though, according to the more cautious opinion, it shall not suffice, as, according to the more cautious opinion, an animal whose eyes have turned white shall also not suffice.
Fifth: It must not be emaciated. It shall be sufficient if it has some fat on its back. According to the more cautious opinion, it should not be considered emaciated according to the common belief.
Problem # 9 If no animal except a castrated one is available, then it shall not be far from being sufficient, though it would be more cautious to join it with a sound animal slaughtered in Dhu'l Hijjah (on Eid al-Adha) the same year, or if it were not possible, next year, or add a fast to sacrificing the defective animal. If a defective animal other than a castrated one is available, then it would be more cautious to join it with a sound one during the remaining days of Dhu'l Hijjah, and, if it is not possible, next year. It is more cautious to add a fast to either of the two types of animals (namely, a defective or castrated one).
Problem # 10 If a person slaughters an animal, and then it transpires that it was defective or sick, he shall be bound to sacrifice another (sound one). If he considers an animal to be fat, but it turns out to be otherwise, it shall suffice. If a person considers an animal to be emaciated, but he slaughters with the hope that it shall turn out to be fat with the intention of seeking closeness (to Allah), and later it turns to be fat, it shall suffice. If it is not likely to be fat, or it is likely to be fat but he slaughters it without such consideration nor with the hope of obedience (to Allah's Command), it shall not suffice. If he believes it to be emaciated, and he slaughters it out of ignorance of the rule, then it turns out to be otherwise, then it shall be more cautious to repeat the slaughter. If he believes it to be defective and slaughters it out of ignorance of the rule, then it turns out to be otherwise, then apparently it shall suffice.
Problem # 11 It is more cautious to slaughter the sacrificial animal after throwing pebbles on the Satan. It is also more cautious not to delay it further than the day of Eid (al-Adha). If it is delayed due to some due excuse, etc., then it is more cautious to slaughter the animal during the days of Tashriq. Otherwise, he must slaughter it in the remaining days of Dhu'l Hijjah. It is one of the 'Ibadat (Worships), and so there is the condition of Intention as required in 'Ibadat.
An agent may be appointed to perform it, and he may have Intention on behalf of the principal. It is more cautious for the principal too to have Intention. According to the more cautious opinion, it is a condition that the agent must be a Shi'ah. Rather it is not free from force. The same rule applies even in case of slaughter for expiations.
Problem # 12 If, after slaughtering the sacrificial animal, a person doubts whether it fulfilled all the required conditions or not, he shall not pay any heed to it. Likewise, if a person doubts about the validity of the performance of his agent, he shall not pay any heed to it. If, however he doubts whether his agent has slaughtered the sacrificial animal or not, he shall be bound to obtain certainty about it, and presumption about it would not be sufficient. If the agent has acted contrary to what is required by Shari'ah regarding the characteristics of the sacrificial animal and - its slaughter, then if he has done it deliberately, he shall be held liable and shall be bound to repeat it. But if he has done it ignorantly or forgetfully and inadvertently, and if he has received some wages, he shall be held liable. But if he has done it voluntarily, then the liability is not known. In both the suppositions, it shall be obligatory to repeat the act.
Problem # 13 It is approved to divide the sacrificial animal into three shares. He may eat one third, give in charity another one-third and gift the remaining one-third. It is more cautious for him to eat something out of its meat, though it is not obligatory.
Problem # 14 If a person is not able to slaughter an animal, when he has neither a sacrificial animal nor the money to purchase it, he shall be bound to fast for three days during the Hajj days and seven days after his return (to his hometown).
Problem # 15 If a person is capable to take a loan without any distress or trouble, and has something that he may pay at the time of its repayment, he shall be bound to take loan and slaughter a sacrificial animal. If a person has some baggage for journey in addition to his demand that he may dispose of without any distress and purchase a sacrificial animal with its sale-proceeds, he shall be bound to dispose it of (and purchase he sacrificial animal). He shall, however, not be bound to dispose of his garments in any circumstance. If he disposes of his extra garments, he shall be bound to purchase a sacrificial animal (with its sale-proceeds), and it is more cautious to fast along with it.
Problem # 16 A person is not bound to do a job for earning money to purchase a sacrificial animal. If, however, he does a job and earns money sufficient to buy a sacrificial animal, he shall be bound to buy it.
Problem # 17 It is obligatory to fast for three days during Dhu'l Hijjah, and, as a matter of obligatory caution, he must fast from the 7th to 9th Dhu'l Hijjah;, and not earlier. It is also obligatory to keep the fast consecutively. It is also a condition that the fast must be kept after tying Ihram for 'Umrah and it is not allowed to do it earlier. If he is not able to fast on 7th Dhu'l Hijjah, he may fast on 8th and 9th and delay the third for the day after returning from Mina. It is more cautious that it must be kept after the Tashriq days, i.e. after the 11th, 12th and 13th (of Dhu'l Hijjah).
Problem # 18 It is not permissible to fast for three days during the Tashriq days in Mina. Rather it is not permissible to fast during the Tashriq days at all in Mina, regardless whether the person has come to perform Hajj or any other purpose.
Problem # 19 To be more cautious it is better for a person who has kept fast for 8th and 9th Dhu'l Hijjah, that he must fast for three days consecutively after return from Mina, and that the first one must be on the day of journey, i.e. on 13th, and he must have intention that three out of these five fasts are to be counted as obligatory.
Problem # 20 If the person fails to fast on 8th too, he may delay the fast till after his return from Mina, and fast for three days consecutively. For a person who has failed to fast on 8th, it is permissible to fast in Dhu'l Hijjah and he shall have sufficient time till the end of the month, though it is more cautious to expedite to fast just after the Tashriq days.
Problem # 21 It is permissible to fast during journey, and it is not obligatory to have intention of staying in Mecca for keeping fast. Rather if there is no sufficient time for staying in Mecca, it shall be permissible to fast on the way.
If, however, a person fails to fast for three days throughout Dhu'l Hijjah, he shall be bound to slaughter a sacrificial animal himself or through his agent in Mina, and fasting shall not be of use.
Problem # 22 If a person fasts for three days and then becomes capable to sacrifice an animal, he shall not be bound to sacrifice an animal. If, however, he becomes capable to sacrifice an animal during fasting, he shall be bound to do it.
Problem # 23 It is obligatory to fast for seven days after returning from Hajj journey, and it is recommended that they must be consecutive. It is neither permissible to keep these fasts in Mecca nor on the way. Of course, if a person intends to stay in Mecca, he may keep fast in Mecca after a month of his intention of stay. Rather he may keep fast when so much time has passed since his intention to stay that if he had returned from Mecca he would have reached his hometown. But if he stays in a place other than Mecca in any country or on his way, he shall not be allowed to keep these fasts, even if the said time has elapsed.
Of course, it is not obligatory for him to fast in his hometown, so that if he returns to his hometown, he may stay in any other town for keeping these fast.
Problem # 25 If a person is not able to keep fast for three days in Mecca, and he returns to his hometown, then if the month of Dhu'l Hijjah still continues, he may keep fast for three days in the month of Dhu'l Hijjah in his own hometown, but there must be an intermission between the three fasts (that were originally required to be kept at Mecca) and the other seven fasts (that he was required to keep in his hometown after his return from Hajj).
If the month of Dhu'l Hijjah is over, he shall be bound to slaughter a sacrificial animal that must be slaughtered in Mina, even if it is done through his agent on his behalf.
Problem # 26 If a person is capable of keeping the (three obligatory) fasts, but fails to do it until he dies, the three obligatory fasts shall have to be compensated by his Wali (or eldest son). It is more cautious to compensate the seven fasts as well (that the deceased was bound to keep after his return from Hajj, provided that he has failed to keep them till his death).
Problem # 27 After slaughtering the sacrificial animal, it is obligatory to get the hair of the head shaved or perform Taqsir, and one may opt for either of them, except the (following) few individuals.
First: Women, so that they are bound to perform Taqsir and not shaving the hair of the head. If they shave the hair of their head, it shall not suffice.
Second: Sarurah, i.e. one who is performing Hajj for the first time, according to the more cautious opinion, he is bound to shave the hair of his head.
Third: Mulabbad, i.e., one who has stuck his hair with something sticking like honey or gum in order to remove lice or the like, according to the more cautious opinion, he shall be bound to shave the hair of his head.
Fourth: One who has braided his hair, i.e. set his hair, folded and knitted them, according to the more cautious opinion, he shall be bound to shave the hair of his head.
Fifth: a Hermaphrodite whom it is difficult to declare to be such, if he does not belong to any of the last three categories, he shall be bound to perform Taqsir; otherwise, according to the more cautious opinion, he shall add shave the hair of his head in addition to performing Taqsir.
Problem # 28 In performing Taqsir, it is sufficient to trim some hair or cut some of the nails by means of any instrument one likes. It is however; better to trim some hair and some of the nails as well. For a person who is bound to shave the hair of his head, it is more cautious to shave the entire head. It is permissible in both Taqsir and shaving the head to perform it personally or assign it to someone else. In both of them, one is bound to have intention himself with all its conditions. It is better that if he assigns it to someone else, he must also have its intention.
Problem # 29 If shaving the head is decided for a person, but there is no hair on his head, it shall suffice for him to roll the razor on his head, and it shall be sufficient for the rite of shaving the head. If a person having no hair on his head has the option either to shave the head or perform Taqsir, decision shall be made in favour of Taqsir for him. If he has neither hair even on his eyebrows nor any nails, it shall suffice for him to roll the razor on his head.
Problem # 30 There is difficulty in declaring shaving the hair under the navel or underhand to be sufficient. Trimming the hair of the beard shall not be sufficient for Taqsir or shaving the head.
Problem # 31 It is more cautious to perform shaving the head and Taqsir on Eid (al-Adha), though it is not far from permissibility to delay it until the end of Tashriq days and their place must be Mina, and in case of his being free to opt, it is not permissible for him to opt for some other place. If he fails to perform it there and leaves that place, he shall be bound to return to Mina, irrespective of his having knowledge or being ignorant, forgetful, etc. If it is not possible for him to return (to Mina), he shall shave or perform Taqsir wherever he is, or perform Taqsir at his place and, if possible, send his hair to Mina. It is approved to bury the hair in one's tent.
Problem # 32 It is more cautious to delay shaving the head and performing Taqsir till after slaughtering the sacrificial animal, and that is to be performed after throwing pebbles. But if he violates the sequence inadvertently, he shall not be bound to repeat it for its fulfillment. It is not far from treating the rule of an ignorant person at par with one having done it inadvertently. If, however, it has been done with knowledge and deliberately, then, if possible, it is more cautious to repeat it.
Problem # 33 One is bound to perform circumambulation and Sa'y after Taqsir or shaving the head. If a person performs them before the two rites deliberately, he shall be bound to return and perform Taqsir or shaving the head and then go back and perform circumambulation, prayers and Sa'y, and he is liable to sacrifice a sheep. The same rule shall apply if he performs circumambulation earlier deliberately. A person shall not be liable to expiate if he performs Sa'y earlier, though he shall be bound to repeat it and observe the sequence. If he performs it earlier due to ignorance of the rule or forgetfully or inadvertently, the same rule shall apply except as regards expiation, as he shall not be liable to expiate in this case.
Problem # 34 If a person performs Taqsir or shaves his head after circumambulation or Sa'y, it shall be more cautious for him to repeat it in order to observe the sequence If he is bound to shave the head particularly, he may, by way of caution roll the razor on his head.
Problem # 35 After the performance of Ram'y. (throwing pebbles), slaughtering the sacrificial animal and shaving the head or Taqsir by a person who has tied Ihram, everything that had been forbidden for him due to Ihram shall be rendered lawful except enjoyment of women and using perfumes. Hunting shall also not be far from being allowed. Of course, hunting within (the limits of) Haram shall be forbidden for a person who has tied Ihram as well as others as a token of respect of the Haram.
Chapter Twenty One -What is Obligatory after the Rites of Mina
There are five obligatory rites after those of Mina. They are Circumambulation of Hajj and its prayers of two Rak'ats, Se'y between Safa and Marvah, Tawaf al-Nisa' and its prayer of two Rak'ats.
Problem # 1 The procedure for the Circumambulation, its prayers and Sa'y shall be similar to those of 'Umrah and its prayer of two Rak'ats and Sa'y exactly as in 'Umrah except Intention; here the person shall have the Intention of what he is performing.
Problem # 2 It is permissible, rather approved, after having performed the rites of Mina to return to Mecca on the day of Eid (al-Adha) for the performance of the rites mentioned above. It is permissible to delay it until the 11th (of Dhu'l Hijjah). It is not far from being permissible to delay it until the end of the month, as it is permissible to perform those rites even until its last day (i.e., of Dhu'l Hijjah).
Problem # 3 It is not permissible to perform the above five rites before staying in ‘Arafat and Mash'ar (al-Haram) and the rites of Mina in case of free time, though it is permissible for the following persons to perform them earlier:
First: Women who are afraid of getting menstruation or puerperal blood after returning to Mecca, and it is not possible for them to stay upto purification.
Second: Men or Women who are not able to perform circumambulation after their return to Mecca due to extreme crowd, or who are not able to return to Mecca.
Third: Patients who are unable to perform circumambulation after returning to Mecca due to the crowd or are afraid of it.
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