Question:
Kindly answer under true perspective of Qur’an & Sunnah. (I am AHLE HADITH but wish always to follow true path)
I along with my wife(47 yr old & 103 KG) and two sons (18 & 16 yr old) went to perform Hajj-1424 Hajj. The 16 year old is very fat 115 kg. We were performing Hajj-e-Ifraad (Hajj only).
My wife is an acute chronic psychiatric patient on permanent treatment, monthly psychiatric injection (even had electric shocks without benefit); also is Diabetic (injecting insulin two times – still sugar level 300 or more due to acute depression); also hypertensive (high blood pressure). She has a short of breath (Asthma). She gets sharp back pain at any time. S
While performing Tawaaf-e-Qudoom, due to extreme rush of people, on the fourth round (showt), she started losing balance and we all tried to get out of the rush – still she fell to her feet on the carpets where people were waiting
for the prayer. My sons disappeared and the people helped me to catch her arm to have her sit and poured water on her head and gave to drink as well. Any how she could not complete it and I paid Sadaqah for the remaining four
rounds.
On 10th Thul-Hijjah I along with my elder son went to Jamaraat for Ramee. When we were at a distance of 10 meter from the Jamrah, we had to pull out without Ramee; and on return both of us were hit by a speedy motorcyclist – we fell down – sustained minor injuries – police helped and we came back to our camp at Muzdalifah. In the evening I and my elder son went again and
stoned the Jamrah Aqbah (the Big one) on our behalf and on behalf of my wife and the younger fat son.
On 10th Thul-Hijjah, we all the four came to perform Tawaaful-Ifaadhah . She started severe back pain and could not move for a meter. We purchased a wheel chair from a pharmacy outside the Haram and stayed more than half an
hour in the queue awaiting to enter the Haram but could not succeed. Then we left her on the chair outside the Haram and the rest of three of us completed Tawaaf and Hajj-Sa’ee’.
The next day on 11th Thul Hijjah we all the four came to Haram again. At that time my wife could not walk for a meter due to sharp back pain & psychological reasons. I performed Tawaaf-e-Ifaadhah on behalf of my wife and
my elder son performed Sa’ee’ Hajj for his mother. Again my elder son and myself went to Jamaraat at Maghrib to stone all the three Jamarahs for ourselves and on behalf of my wife and son.
On 12th Thul-Hijjah, we all went to Haram to perform Tawaaf-e-Widaa but my wife had severe back pain. So After completing our Tawaaf, I performed Tawaaf-e-Widaa for my wife. Now we had to go for Ramee but my wife was not
able to go. Our returning Bus was parked at Tan’eem-e-Ayesha. It was very difficult to ride a taxi. We paid 100 Saudi riyals to drop my wife & younger son at Tan’eem-e-Ayesha. And paid SR 100/- to reach near the Jamaraat. It was now Eshaa prayer time. We stoned all the three Jamarahs for ourselves and my wife and son. Again we paid SR 100/- to reach
Tan’eem-e-Ayesha to board our Bus to go to Madinah.
NOW KINDLY SEE ALL THE ABOVE DETAILS AND TELL ME IF I HAVE TO PAY ANY DAMM
(SLAUGHTER A GOAT); HOW MANY DAMMS? (My wife did not have sexual relations/intercourse – I have only kissed her).
Jazakallahu Ahsanul Jazaa
Answer:
The answer to your Hajj query is as follows:
One Damm will be Waajib on the wife for omitting four laps of Tawaaf-e-Qudoom. Sadaqah can only be given if three laps or less are omitted. (Mu’allimul Hujjaj, Page 246, Zubdatul Manaasik, Page 375, Ghunyatun Naasik, Page 276)
One Damm will also be Waajib on the young son for not making the Ramee of the three days (10th, 11th and 12th of Thil Hijjah) without a valid excuse. (Mu’allimul Hujjaj, Page 246, Zubdatul Manaasik, Page 380, Ghunyatun Naasik, Page 279, Raddul Muhtaar, Vol. 2, Page 225)
If the wife was able to attend the place of Ramee on a conveyance and make Ramee then it was Waajib for her to pelt on her own and Damm will be Waajib (one Damm for all three days) on failing to do so. However, if she was unable to attend the place of Ramee on a conveyance too then making Ramee on her behalf will suffice. (Mu’allimul Hujjaj, Page 185) An excessive crowd is no excuse for a female to leave out the Ramee. (Mu’allimul Hujjaj, Page 106)
One cannot deputise another to make the Sa’ee on ones behalf. However if the Sa’ee is omitted due to a valid excuse, then Damm will not be Waajib. (Mu’allimul Hujjaj, Page 145 & 246, Zubdatul Manaasik, Page 380, Ghunyatun Naasik, Page 277)
The wife did not perform Tawaaful Ifaadhah which is Fardh and does not fall off in any circumstance. The wife does not become Halaal for conjugal relations until she performs the Tawaaful Ifaadhah (if the wife has intercourse before performing the Tawaaful Ifaadhah then Damm will be Waajib). Therefore she must return and perform the Tawaaful Ifaadhah as soon as possible. (Mu’allimul Hujjaj, Page 246, Zubdatul Manaasik, Page 375) One Damm will also be Waajib for delaying the Tawaaful Ifaadhah and performing it after the elapsing of the days of Hajj. (Mu’allimul Hujjaj, Page 179 -180, Zubdatul Manaasik, Page 383)
The husband’s performing the Tawaaful Ifaadhah on her behalf will not suffice.
One Damm will be Waajib on the wife for not performing Tawaaful Widaa’. (Mu’allimul Hujjaj, Page 246, Ghunyatun Naasik, Page 275) The husband’s making Tawaaful Widaa’ on her behalf will not suffice. (Mu’allimul Hujjaj, Page 107)
It is Makrooh (odious) to leave from Mina on the 12th of Thil Hijjah after sunset without making Ramee on the 13th day, though no Damm will become Waajib for not making Ramee of the 13th day in this case. However, if one did not leave Mina on the 12th and was present in Mina at the time of Subhus Saadiq on the 13th then the Ramee of that day (13th Thil Hijjah) will become Waajib and Damm will be Waajib if omitted. (Mu’allimul Hujjaj, Page 182, Zubdatul Manaasik, Page 213, Ghunyatun Naasik, Page 184, Raddul Muhtaar, Vol. 2, Page 201)
If one kisses while in Ihraam with desire then Damm will be Waajib, otherwise not. (Mu’allimul Hujjaj, Page 241, Zubdatul Manaasik, Page 382, Ghunyatun Naasik, Page 268, Raddul Muhtaar, Vol. 2, Page 225)
Note: The word Damm in the chapter of Hajj refers to slaughtering of a sheep or goat which must be slaughtered in the precincts of the Haram. The Damm will not be discharged if it is slaughtered beyond the precincts of the Haram. (Mu’allimul Hujjaj, Page 263-264, Zubdatul Manaasik, Page 340, Ghunyatun Naasik, Page 240 & 262)
If one is unable to attend the Haram personally then one should have the Damm animal slaughtered through a representative.
And Allah Ta’ala knows best
Qasim bin Hashim Limbada
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
13 May 2004
22 Rabee’ul Awwal 1425