Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
Chapter on Ihram Sites
The meeqât 607 (iḥrâm site) of the people of Madinah is Dhul-Ḥulayfah; for the people of Shâm, 608 the Maghreb 609 and Egypt, it is al-Juḥfah; for Yemen, it is Yalamlam; for Najd, it is Qarn; and for the Mashriq, 610 it is Dhât-‘Irq.
يُسْتَحَبُّ - الْمَشْيُ إِلَى الصَّلاَةِ بِسَكِيْنَةٍ وَوَقَارٍ، - وَيُقَارِبُ بَيْنَ خُطَاهُ، - وَلاَ يُشَبِّكُ أَصَابِعَهُ .
Those are the mawâqeet (pl. of meeqât) for the people who live there and for those who cross through or by them.
For someone whose house is closer [to Makkah] than the meeqât, including the people of Makkah, his meeqât is from his own home. However, they enter into iḥrâm for ‘umrah from the closest place outside the sacred area (the Ḥaram). 611
,612
. فَهَذِهِ الْمَوَاقِيْتُ لأَهْلِهَا وَلِكُلِّ مَنْ مَرَّ عَلَيْهَا
. وَمَنْ مَنْزِلُهُ دُوْنَ الْمِيْقَاتِ، فَمِيْقَاتُهُ مِنْ مَوْضِعِهِ حَتَّى أَهْلُ مَكَّةَ يُهِلُّوْنَ مِنْهَا لِحَجِّهِمْ، وَيُهِلُّوْنَ لِلْعُمْرَةِ مِن أَدْنَى الْحِلِّ
607. The point at which the pilgrim must enter the state of iḥrâm. The word ‘meeqât’ (pl. mawâqeet) is used to refer not only to particular places but also to times, as in mawâqeet aṣ-ṣalâh (fixed times of the prayers).
608. Shâm is greater Syria. This area includes the current states of Syria, Lebanon, Jordan and Palestine (may Allah liberate it).
609. Maghreb is the area of North Africa that includes the current states of Morocco, Algeria, Tunisia and Libya.
610. Al-Mashriq means ‘the East’; this is Iraq and all the Muslim lands east of it. There is controversy over whether this meeqât was assigned by the Messenger of Allah (SA) or by ‘Umar (RA). It could have been assigned by the Prophet (SA) and again by ‘Umar (RA), who did not know that the Prophet (SA) had assigned it for al-Mashriq. In this way, we can reconcile the various reports.
611. People of Makkah
The position above is that of the majority (A) + (+H, +M, +S).
As for someone whose way does not pass by a meeqât, his meeqât would be parallel to the closest meeqât to him. 613
.وَمَنْ لَمْ يَكُنْ طَرِيْقُهُ عَلَى مِيْقَاتٍ، فَمِيْقَاتُهُ حَذْوَ أَقْرَبِهَا إِلَيْهِ
Some scholars said that the people of Makkah may enter into iḥrâm for ‘umrah from Makkah itself because of the general meaning of the aforementioned hadith of Ibn ‘Abbâs (RAHUMA). However, when the Prophet (SA) allowed ‘Â’ishah to perform ‘umrah during the Farewell Pilgrimage, he commanded her brother ‘Abdur-Raḥmân (RA) to take her to at-Tan‘eem, which is the closest area to the Kaaba that is outside the Ḥaram. (Ag)
Based on this, the vast majority of scholars maintain that the people of Makkah need to go out of the Ḥaram to enter iḥrâm for ‘umrah. The reason why they do not go out for iḥrâm of Hajj is that during the rituals of Hajj, they will go out of the sacred land. Thus, in both Hajj and ‘umrah, for the people of Makkah and others, they will be both in and outside the sacred land during their state of iḥrâm.
612. All of the above is based on agreed-upon reports, such as the following:
The Prophet (SA) assigned Dhul-Ḥulayfah as the meeqât for the people of Madinah, al-Juḥfah for the people of Shâm; Qarn al-Manâzil for the people of Najd; and Yalamlam for the people of Yemen. He said, “These mawâqeet are for the people who are residing in those places and for those who come through them wanting to perform Hajj or ‘umrah. Whoever lives closer to the Ḥaram than these places enters into iḥrâm from his place of residence --- even the people of Makkah; they would enter into iḥrâm from Makkah.” (Ag – from Ibn ‘Abbâs)
وَقَّتَ رسول اللَّهِ لِأَهْلِ الْمَدِينَةِ ذَا الْحُلَيْفَةِ وَلِأَهْلِ الشَّامِ الْجُحْفَةَ وَلِأَهْلِ نَجْدٍ قَرْنَ الْمَنَازِلِ وَلِأَهْلِ الْيَمَنِ يَلَمْلَمَ قال فَهُنَّ لَهُنَّ وَلِمَنْ أتى عَلَيْهِنَّ من غَيْرِ أَهْلِهِنَّ مِمَّنْ أَرَادَ الْحَجَّ وَالْعُمْرَةَ فَمَنْ كان دُونَهُنَّ فَمِنْ أَهْلِهِ وَكَذَا فَكَذَلِكَ حتى أَهْلُ مَكَّةَ يُهِلُّونَ منها
613. It means that their meeqât should be at the same distance from Makkah as the closest of the original mawâqeet to them.
This is based on what ‘Umar (RA) did when he assigned Dhât ‘Irq for the people of ‘Iraq. He said, “See what is parallel to Qarn from your side.” Dhât ‘Irq was chosen because it was the same distance from the Kaaba as Qarn, and it was from their side.
It is not permissible for one who wants to enter Makkah to pass the meeqât without entering into the state of iḥrâm, except in the case of permissible fighting or a recurring need, such as gathering firewood or similar cases. 614
وَلاَ يَجُوْزُ لِمَنْ أَرَادَ دُخُوْلَ مَكَّةَ تَجَاوُزُ الْمِيْقَاتِ غَيْرَ مُحْرِمٍ، إِلاَّ لِقِتَالٍ مُبَاحٍ، أَوْ حَاجَةٍ تَتَكَرَّرُ، كَالْحَطَّابِ وَنَحْوِهِ
Those who travel by air or sea should enter iḥrâm while passing the meeqât. It was allowed in the madh-hab for the people of the Sudanese island of Sawâkin and those coming through it, who arrive in Jeddah by sea, to make iḥrâm from Jeddah. A few contemporary scholars allow pilgrims who fly into Jeddah to enter into the state of iḥrâm from Jeddah because the airport is about the same distance from Makkah (44 miles) as is Yalamlam (43 miles), which is the closest meeqât to Jeddah. However, most contemporary scholars do not allow this.
614. Passing by the Meeqât for Any Reason
By consensus, a pilgrim who intends to perform Hajj or ‘umrah needs to enter the state of iḥrâm at the meeqât, but if one is going to Jeddah, Badr, or some other place other than Makkah, he or she does not need to do so.
The middle case is when one passes through the meeqât intending to go to Makkah but not for Hajj or ‘umrah, and here there are two cases: 1) Frequent visitors like business people and delivery people do not need to get into the state of iḥrâm.
2) The disagreement within the madh-hab is about the one who visits Makkah infrequently for reasons other than Hajj and ‘umrah, such as visiting family or friends. Imam Ibn Qudâmah believes here that such a person must get into the state of iḥrâm (A) + (+M) + (H:
unless his home is at the meeqât or closer to Makkah); the second opinion (a) + (-S) is that this is preferred but not required, because the Prophet (SA) said, as mentioned previously:
“These mawâqeet are for the people who are residing in those places and for those who come through them wanting to perform Hajj or ‘umrah.” (Ag – from Ibn ‘Abbâs)
. فَهُنَّ لَهُنَّ وَلِمَنْ أتى عَلَيْهِنَّ من غَيْرِ أَهْلِهِنَّ مِمَّنْ أَرَادَ الْحَجَّ وَالْعُمْرَةَ
If he intends the rites of Hajj and/or ‘umrah, he should enter the state of iḥrâm from his place. 615
If he crosses it without iḥrâm, 616 he should go back and enter the state of iḥrâm from the meeqât, and no animal sacrifice is required of him. However, if he enters the state of iḥrâm from a place closer [to the Ḥaram] than the meeqât, then an offering of an animal 617 is due on him, whether or not he goes back to the iḥrâm site.
ثُمَّ إِذاَ أَرَادَ النُّسُكَ، أَحْرَمَ مِنْ مَوْضِعِهِ
وَإِنْ جَاوَزَهُ غَيْرَ مُحْرِمٍ، رَجَعَ فَأَحْرَمَ مِنَ الْمِيْقَاتِ، وَلاَ دَمَ عَلَيْهِ؛ لأَنَّهُ أَحْرَمَ مِنْ مِيْقَاتِهِ. فَإِنْ أَحْرَمَ مِنْ دُوْنِهِ، فَعَلَيْهِ
دَمٌ، سَوَاءٌ رَجَعَ إِلَى الْمِيْقَاتِ، أَوْ لَمْ يَرْجِعْ
It is better not to enter into iḥrâm before the meeqât, 618 but if one does, then he is in the state of iḥrâm.
. وَالأَفْضَلُ أَنْ لاَ يُحْرِمَ قَبْلَ الْمِيْقَاتِ، فَإِنْ فَعَلَ فَهُوَ مُحْرِمٌ
615. If a person passes through the meeqât without iḥrâm, not intending to perform Hajj or ‘umrah, and later decides to perform Hajj or ‘umrah, he or she enters into the state of iḥrâm from wherever he or she is, without having to go back to any meeqât.
616. This applies to someone who wants to perform Hajj or ‘umrah but crosses the meeqât without entering iḥrâm.
617. A sheep or a goat, or better still, a camel or a cow.
618. Follow the Sunnah; You Will Never Precede the Prophet (SA) in Any Good
In this regard, read the following beautiful report about Imam Mâlik:
The months of Hajj are Shawwâl, Dhul-Qa‘dah and the first ten days of Dhul-Ḥijjah. 619
. وَأَشْهُرُ الْحَجِّ: شَوَّالٌ، وَذُو الْقَعْدَةِ، وَعَشْرٌ مِنْ ذِي الْحِجَّةِ
A man came to Imam Mâlik and said, “Abu ‘Abdullâh, where should I get into the state of iḥrâm?” He said, “From Dhul-Ḥulayfah, where the Messenger of Allah (SA) made it.” The man said, “I want to get into the state of iḥrâm from the masjid, from near the grave (of the Prophet [SA]).” He said, “Don’t do this, for I fear your falling into fitnah.” He asked, “What fitnah? I’m just adding a few miles.” Imam Mâlik said, “What fitnah is greater than your thinking that you have gone first to something good that the Messenger of Allah (SA) failed to do? I heard that Allah the Almighty says: {…So let those beware who dissent from his [the Prophet’s] order, lest fitnah strike them or a painful punishment.} (an-Noor 24: 63).” (Reported by al-Khaṭeeb al-Baghdâdi and Abu Nu‘aym in al-Ḥilyah)
عن الإمام مالك رحمه الله، أنه أتاه رجل فقال: يا أبا عبد الله! من أين أحرم؟ قال: من ذي الحليفة، من حيث أحرم رسول الله فقال: إني أريد أن أحرم من المسجد من عند القبر (يعني قبر النبي ). قال: "لا تفعل فإني أخشى عليك الفتنة". فقال: وأي فتنة في هذه؟! إنما هي أميال أزيدها. قال: وأي فتنة أعظم من أن ترى أنك سبقت إلى فضيلة قصر عنها رسول الله ؟ إني سمعت الله يقول: }فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَنْ تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ{ النور / 63
619. This is the position of the majority (A) + (+H, +S).
(-M): All of Dhul-Ḥijjah is included in the months of Hajj. It is allowed to defer ṭawâf al-ifâḍah (also known as ṭawâf az-ziyârah; the main ṭawâf of Hajj) up to the end of Dhul-Ḥijjah, but if it is delayed beyond that, a goat or sheep must be slaughtered to expiate.
Note that (A) + (+S) do not require any expiation for deferring ṭawâf al-ifâḍah even after the end of Dhul-Ḥijjah, but the person cannot completely exit from the state of iḥrâm until it is done.
(-H): Those who defer ṭawâf al-ifâḍah past the days of naḥr (Eid; the 10th-13th of Dhul-Ḥijjah) must expiate.
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