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Some masaails (rulings) regarding Hajj

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Hajj

Islam is based on five pillars, the final pillar being the pilgrimage (hajj) to the House of Allah.

It is stated in the Holy Quran:

“it is necessary for those who have the means to perform Hajj of the House of Allah, to do so.”

Hajj is farz upon that sane able person who has more than necessary wealth, which can be sent on conveyance (transport) for reaching Makkah and for a moderate daily board and lodge, and has enough to leave behind as expenditure for his family. (Raddul-Muhtar P.450 V.5)

Some masaails (rulings) regarding Hajj

Q) Can a woman go for hajj without a Mahram?

A) It is prohibited for women to travel for a distance of three days and three nights without a mahram, whether it is for worldly or Deeni purposes. (Raddul-Muhtar P465 V.3)

Q) Hajj is compulsory upon a woman, but she has no mahram. What should she do?

A) If a woman has the means but did not find a mahram to accompany her and passed her whole life in this manner but could not find anyone, then she should make wassiyat in her will that on her death, it is wajib for someone to perform Hajj on her behalf. (Raddul-Muhtar)

Q) Is it permissible to cover your face whilst sleeping in the state of ihram?

A) It is not permissible to cover your face in the state of ihraam whilst sleeping.(Hindiyyah P.224 V.1)

Applying of perfume or oil

It is Makroh (detestable) for a person in the state of ihraam to smell the flower or the fragrant flower. However, damm (penalty) will not be obligatory. It is prohibited for the Muhrim to use perfume on the body, shawl and on clothings. Similarly, to use perfumed dye or medicine oil to wash the body with a perfume emitting substance is also prohibited.

If one put perfume into the food and then cooked it, then no damm (penalty) is wajib even if the smell is overpowering.

If the food is uncooked, and the smell is overpowering, then damn is wajib, even if no smell comes from it, and the smell is not overpowering, then there is no damm or sadaqah, even if there is a small, BUT it is makruh to do so.

In regards to drinks, if the perfume is mixed and is overpowering, then damm is wajib and if not, then sadaqah is wajib.

(Bahr-Raaiq p3 v.3, Raddul-Muhtar p.576 v.3)

Q) Are there any particular slippers I should wear in state of ihraam?

A) There isn’t particular/specific slipper for a man to wear in the state of Ihraam as long as it doesn’t cover the middle bone of the upper part of the feet. (Raddul-Muhtar P.500 V.3)

Q) What would a woman do if she starts her menses (period) during the Hajj?

A) If a woman happens to get her menses during the days of hajj she must continue to do all the acts of hajj except for the tawaaf of the Kaabah and Saee. She can only do this once she is clean from her menses.

Q) A woman is going for hajj and her time of periods has come, can she alter her monthly cycle using medications (e.g. Birth control pills)?

A) Using such medications affects a woman, thus, without a necessary need, she should avoid using it. (Jadeed Fiqhi-massil p.243 v.1)

Q) Can a person send someone for hajj badl who hasn’t gone for hajj himself?

A) It is makruh tanzihi for a person to send another for hajj badl who hasn’t done hajj himself and it will be makruh tahrimi for that particular person to go. (Raddul-Muhtar p.22 V.4)

Qurbani

Qurbani- the sacrifice of an animal is recognised as  form of worship during the three days of the month of  Zul- Hijjah, the 10th, 11th, and 12th. This is to remember the sacrifice offered by Ibrahim (as) when, Allah, ordered him to sacrifice his beloved son, Ismail (as).

Qurabani is obligatory upon every adult Muslim, male or female, who owns 613.35 grams of silver or its equivalent in money, personal ornaments, stock-in-trade or any other form of wealth which is extra to his basic needs. Furthermore, he must not be a sharee traveller (48 miles).

Each adult member of a family who owns the above mentioned amount must perform his own Qurbani separately.

If the husband owns the required quantity and the wife does not, the qurbani is obligatory on the husband only and vice-versa. (Fatwa Hindiyah  p.292 V.5)

Q) A person who had the means to do qurbani forgot to do it during the day of Zul- Hijjah, what shall he do?

A) It is obligatory upon him to give the amount of money equivalent to a goat or sheep to some people as charity. (Ahsanul- Fatawa p.480 V.7)

Q) What is the ruling for an individual who makes an intention for Qurbani in terms of cutting his hair and nails?

A) It is mustahab (preferable) for him not to cut his hair or his nails or any other hair from other parts of his body. If for some reason one does cut it, then he would not be sinful and would have no effect on his qurbani. (Raddul- Muhtar p.66 V.3)

Q) Can a sacrifice be made on behalf of someone else?

A) A sacrifice can be made on behalf of others such as minor offspring. This offering is not wajib, but mustahab. Similarly, if one decides to sacrifice on behalf of the spouse or a father or on behalf of an adult off spring can do so with their permission.

A sacrifice can also be made on behalf of a deceased Muslim. This can be classified into two categories:

1.      If the deceased had made a will, then it is permissible to sacrifice to fulfil the will but is incumbent to give all the meat of the sacrificed animal to the poor and needy.

2.      One may make a voluntary sacrifice from one’s own health for the deceased persons and this meat can be partaken by all rich and poor.

Q) Is one required to make Qadha for not doing qurbani in the past?

A) It is obligatory to make up for the past neglected sacrifices of the previous years if he was the owner of nisaab. One will have to give sadaqah for the previous years.

Mohammed Tosir Miah

Darul Ifta Birmingham.

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.