.وَأَرْكَانُ الْعُمْرَةِ: الطَّوَافُ
Hajj and Umrah Pillars and
Obligations Continued
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
.وَأَرْكَانُ الْعُمْرَةِ: الطَّوَافُ
“The people were commanded to make the House their last place (to visit) before departure, but a concession was made for menstruating women.” (Ag – from Ibn ‘Abbâs)
.أُمِرَ الناس أَنْ يَكُونَ آخِرُ عَهْدِهِمْ بِالْبَيْتِ إلا أَنَّهُ خُفِّفَ عن الْحَائِضِ
(M): Sunnah, since a menstruating woman was exempted from it.
733. Getting into the state of iḥrâm at the meeqât is mandatory; however, getting into it in general is a pillar according to (A) + (+M, +S) and a condition according to (-H).
734. (A/SM): A pillar. (+M, +S)
735. That is the majority opinion (A) + (+H, +M). (S): Pillar.
736. They agree on this, but they disagree on what is a pillar.
There is a consensus that ṭawâf is a pillar in both Hajj and ‘umrah, and that standing at ‘Arafah is a pillar in Hajj.
737. Based on the following statement of Ibn ‘Abbâs:
"Whoever forgets one of his rites, or leaves it out, he must slaughter an animal." (Mâlik. Nawawi in al-Majmoo‘:S)
.من نَسِيَ من نُسُكِهِ شيئا أو تَرَكَهُ فَلْيُهْرِقْ دَمًا
There is nothing due from one who leaves out a sunnah (preferable) act. 738
.وَمَنْ تَرَكَ سُنَّةً فَلاَ شَيْءَ عَلَيْهِ
He who does not stand at ‘Arafah [for any moment] until the beginning of the dawn of the Day of Sacrifice misses the Hajj. He must remove his iḥrâm by performing ṭawâf and sa‘iy, and he must slaughter an offering (sheep or goat or better) if he can afford to do so, --- and he must make up (this Hajj). 739
If the people [as a whole] err in counting and stand on a day other than the day of ‘Arafah, their Hajj is valid. If only a group of them does that, they miss the Hajj.
وَمَنْ لَمْ يَقِفْ بِعَرَفَةَ حَتَّى طَلَعَ الْفَجْرُ يَوْمَ النَّحْرِ، فَقَدْ فَاتَهُ الْحَجُّ، فَيَتَحَلَّلُ بِطَوَافٍ وَسَعْيٍ، وَيَنْحَرُ هَدْيًا إِنْ كَانَ مَعَهُ، وَعَلَيْهِ الْقَضَاءُ
.وَإِنْ أَخْطَأَ النَّاسُ فَوَقَفُوْا فِيْ غَيْرِ يَوْمِ عَرَفَةَ، أَجْزَأَهُمْ ذٰلِكَ. وَإِنْ فَعَلَ ذٰلِكَ نَفَرٌ مِنْهُمْ، فَقَدْ فَاتَهُمُ الْحَجُّ
It is recommended for the person who performs Hajj to visit the grave of the Prophet (SA) and his two Companions (rahuma). 740
.وَيُسْتَحَبُّ لِمَنْ حَجَّ زِيَارَةِ قَبْرِ النَّبِيِّ وَقَبْرِ صَاحِبَيْهِ رَضِيَ اللهُ عَنْهُمَا
If he cannot afford to slaughter an animal, then the popular position in (A) is to fast ten days (3+7) as with tamattu‘. This is also the majority position. They say that the person who is making tamattu‘ was instructed by Allah (ST) to fast if he could not afford to slaughter an animal, and this should be the case here. The less popular position (a) is the exemption from expiation because there is no evidence, in this particular case, for the obligation to fast.
738. One should not, however, neglect the Sunnah of our beloved Prophet (SA) except for a reason, particularly in Hajj, since there is much controversy, and the perceived sunnah may in fact be wâjib. Besides, the time of Hajj is one of the greatest seasons to draw closer to Allah (ST).
739. Based on the fatwa of ‘Umar (RA) given to Habbâr ibn al-Aswad. (Ba)
740. Is the Visit to the Masjid or the Grave?
In the madh-hab, visiting the grave of the Prophet (SA) is recommended. According to (t), even if people will ultimately visit it, their intention when they set out for Madinah should be to visit the masjid. When they arrive at it, they start by walking to the Prophet’s grave and giving salâm to him and his two Companions (rahuma) as the Companions used to do. He argued that this is what is consistent with the Prophet’s statement:
"Do not travel to visit any place but three mosques: this mosque of mine, al-Masjid al-Ḥarâm, and al-Masjid al-Aqṣâ." (Ag – from Abu Hurayrah)
.لَا تُشَدُّ الرِّحَالُ إلا إلى ثَلَاثَةِ مَسَاجِدَ مَسْجِدِي هذا وَمَسْجِدِ الْحَرَامِ وَمَسْجِدِ الْأَقْصَى
Other scholars argued this hadith is specific to traveling to masjids for their inherent virtue and would not apply to other places.
Note that a visit to the Prophet’s Mosque in Madinah, though generally recommended, is not one of the rites of Hajj or ‘umrah. The only evidence that it is one of the rites is a hadith that was graded as fabricated by many, including adh-Dhahabi and ash-Shawkâni. Still, the scholars recommended it for the pilgrims because it is an opportunity for them to earn that blessing while in the vicinity of Madinah.
( Page : no 56)