:أَرْكَانُ الْحَجِّ
الْوُقُوْفُ بِعَرَفَةَ •
وَطَوَافُ الزِّيَارَةِ •
The Book of Hajj and Umrah
Pillars and Mandatory Actionsof
Hajj and Umrah
أَرْكاَنِ الْحَجِّ وَاْلعُمْرَةِ
The Book of Purification
The Book of Prayer
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
The Book of Funerals
The Book of Fasting
The Book of Hajj and 'Umrah
Book of Zakat
The Book of Selling and Commercial Transactions
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
The Book of Bequests
The Book of Inheritance
The Book of Marriage
The Book of Divorce
The Book of Sadaq
The Book of Dhihar
The Book of Lian
The Book of Foods
Book of Fatal and Non-Fatal Assault
The Book of Indemnities
The Book of Hudood
The Book of Jihad
The Book of the Judiciary
The Book of Testimonies
Appendix
Glossary
The Pillars of Hajj and ‘Umrah
721. The Pillars
The pillars are those acts without which worship is invalid. There is no expiation for leaving them out, and there is no difference between doing so intentionally or absentmindedly.
(A2) + (-H): The pillars of Hajj are the two mentioned here.
(A) + (+M): These two, plus iḥrâm and sa‘iy.
Iḥrâm (intention) is a must by agreement. Those who don’t consider it a pillar consider it a condition.
(-S) adds two more to these four; they are shaving or shortening the hair and doing the pillars in the prescribed sequence.
722. This is a pillar by consensus. Based on the statement of the Prophet (SA):
"Hajj is (mainly about standing at) ‘Arafah, so whoever comes (to ‘Arafah) before fajr on the night of Jam‘ (Muzdalifah), then his Hajj is fulfilled." (D,Ma,T,A – from ‘Abdur-Raḥmân ibn Ya‘mur. Nawawi:S)
.الْحَجُّ عَرَفَةُ من جاء لَيْلَةَ جَمْعٍ قبل طُلُوعِ الْفَجْرِ فَقَدْ أَدْرَكَ الْحَجَّ
It is also a consensus that intention is not a condition of validity for the standing at ‘Arafah.
723. Ṭawâf az-Ziyârah (also called Ṭawâf al-Ifâḍah)
It is a pillar by consensus, based on the following report:
Ṣafiyah bint Ḥuyay (the wife of the Prophet [SA]) got her period, and she told the Prophet (SA) about this. The Prophet (SA) said, “Is she keeping us (from leaving)?” They said, “She has already performed ṭawâf al-ifâḍah.” He said, “Then she will not keep us back.” (B – from ‘Â’ishah)
عن عَائِشَةَ رضي الله عنها أَنَّ صَفِيَّةَ بِنْتَ حُيَيٍّ زَوْجَ النبي حَاضَتْ فَذَكَرْتُ ذلك لِرَسُولِ اللَّهِ فقال أَحَابِسَتُنَا هِيَ قالوا إِنَّهَا قد أَفَاضَتْ قال فلا إِذًا
[Mandatory Acts of Hajj]
The words of the Prophet (SA), ‘Is she keeping us (from leaving)?’, indicate that a person may not leave before performing ṭawâf al-ifâḍah.
724. Mandatory Acts
Mandatory acts must be performed. Leaving them out is a sin, but it does not invalidate the Hajj. The expiation for forgetting them or leaving them out is to slaughter an animal. This is based on the following fatwa of Ibn ‘Abbâs:
"Whoever forgets or leaves out one of his rites must slaughter an animal." (Mâlik – from Ibn ‘Abbâs. Nawawi in al-Majmoo‘:S)
.من نَسِيَ من نُسُكِهِ شيئا أو تَرَكَهُ فَلْيُهْرِقْ دَمًا
This is a fatwa of a Companion that is uncontested by other Companions.
725. Getting into the State of Iḥrâm
In general:
Is a pillar in the opinion of (A) + (+M, +S).
Is a condition for the validity of Hajj, not a pillar, for (-H).
(H)’s position is practically no different from the majority. The pillar and the condition are both essential, but the first is part of the act, while the second is external to it, in the same way that wuḍoo’ is not part of the prayer but is a condition for its validity.
Getting into the state of iḥrâm at the meeqât:
Is mandatory; one who forgets to do it or does not do it will need to slaughter an animal.
Uttering the intention aloud is prescribed in Hajj, but it is not a condition. One’s intention for iḥrâm is valid without verbalization. (A) + (+M, +S)
726. Standing at ‘Arafah Part of the Day and the Night
Standing at ‘Arafah is a pillar without which one’s Hajj is invalid, and this pillar is fulfilled according to (A) by standing there for any moment between fajr [-H, -S: zawâl; -M: maghrib] of the day of ‘Arafah and fajr of the following day. This is because the Prophet (SA) said to ‘Urwah ibn Mudarris:
Standing at ‘Arafah is a pillar without which one’s Hajj is invalid, and this pillar is fulfilled according to (A) by standing there for any moment between fajr [-H, -S: zawâl; -M: maghrib] of the day of ‘Arafah and fajr of the following day. This is because the Prophet (SA) said to ‘Urwah ibn Mudarris:
.من أَدْرَكَ مَعَنَا هذه الصَّلَاةَ وَأَتَى عَرَفَاتَ قبل ذلك لَيْلًا أو نَهَارًا فَقَدْ تَمَّ حَجُّهُ وَقَضَى تَفَثَهُ
(A): To combine standing before and after sunset is mandatory. This is obligatory because this was what the Prophet (SA) did.
727. Staying Overnight in Muzdalifah
(A) + (+S): Staying overnight (until the middle of the night, midway between maghrib and fajr) in Muzdalifah is mandatory. One who leaves Muzdalifah without a valid excuse (such as being old, a woman, weak, or in the company of any of these), must expiate by slaughtering an animal. If a person leaves after the middle of the night, he has left a sunnah but not a wâjib act.
(H): It is mandatory to stay a while between fajr and sunrise on the 10th.
(M): It is mandatory to stay a short while during the eve of the 10th.
Spending time in Muzdalifah is not a pillar because the Prophet (SA) said:
"Hajj is (mainly about standing at) ‘Arafah, so whoever comes (to ‘Arafah) before the fajr on the night of Jam‘ (Muzdalifah), then his Hajj is fulfilled." (D,Ma,T,A – from ‘Abdur-Raḥmân ibn Ya‘mur. Nawawi:S)
.الْحَجُّ عَرَفَةُ من جاء لَيْلَةَ جَمْعٍ قبل طُلُوعِ الْفَجْرِ فَقَدْ أَدْرَكَ الْحَجَّ
If he reaches ‘Arafah immediately before fajr, he will not have stayed overnight in Muzdalifah, yet his Hajj is valid according to the previous hadith. However, the overnight stay is mandatory, not only a sunnah, because the Prophet (SA) did it, and he commanded that we follow him concerning the rites of Hajj. He only permitted those who are weak to leave for Mina before the middle of the night.
728. Sa‘iy
There are two strong positions in (A):
(A) considers sa‘iy a pillar, and this is consistent with (+M, +S).
(A2) considers it wâjib (mandatory), and this is consistent with (+H).
The Prophet (SA) said:
"Make sa‘iy, for Allah ordained sa‘iy on you." (Kh,Ba,Ṭab.K. Nawawi, Ibn Ḥajar:R)
.اسْعَوْا فإن اللَّهَ كَتَبَ عَلَيْكُمُ السَّعْيَ
‘Â’ishah said:
“Allah does not consider the Hajj and ‘umrah of a person complete unless he makes sa‘iy between Ṣafâ and Marwah.” (Ag – from ‘Â’ishah)
.ما أَتَمَّ الله حَجَّ امْرِئٍ ولا عُمْرَتَهُ ما لم يَطُفْ بين الصَّفَا وَالْمَرْوَةِ
The command in the hadith means that it is mandatory but does not necessarily mean that it is a pillar. (By definition, if one misses a pillar, his act of worship is invalid). ‘Â’ishah’s statement could also be interpreted to mean that his Hajj will be deficient, and he would have committed a sin, but his Hajj could still be valid. Those who support this position also use the hadith in which the Prophet (SA) indicates that Hajj is about ‘Arafah. They argue that there is other evidence establishing that ṭawâf and iḥrâm are pillars.
They add to that the implications of the following verse:
{Truly Ṣafâ and Marwah are among the symbols of Allah, so whoever makes the pilgrimage to the House, or performs ‘umrah, he is not at fault if he circumambulates them; and whoever does good voluntarily, Allah is Grateful, Knowing.} (al-Baqarah 2: 158)
إِنَّ الصَّفَا وَالْمَرْوَةَ مِن شَعَائِرِ اللَّهِ ۖ فَمَنْ حَجَّ الْبَيْتَ أَوِ اعْتَمَرَ فَلَا جُنَاحَ عَلَيْهِ أَن يَطَّوَّفَ بِهِمَا ۚ وَمَن تَطَوَّعَ خَيْرًا فَإِنَّ اللَّهَ شَاكِرٌ عَلِيمٌ
This verse was revealed because the Companions felt uncomfortable walking between them, since they had done that during the pre-Islamic period of ignorance when there were many idols on them. It was made clear to them that walking between them was from the religion of Ibrâheem (AS) and that they were of the symbols of Allah (ST). The verse’s language, however, does not imply that this rite is an essential pillar. Nonetheless, it should not be used to deny their obligation, because ‘Urwah asked ‘Â’ishah (rahuma) whether it meant that it was not mandatory, and she assertively indicated that it did not.
Having ritual purity is not a condition of validity of sa‘iy by agreement.
729. Staying Overnight in Mina
(A) + (+M, +S): Wâjib
(-H): Sunnah
Spending most of the night in Mina is sufficient for this obligation. One who fails to stay overnight in Mina for all its days must slaughter an animal. If he or she missed a night or two, he or she must feed a poor individual a mudd (slightly more than 500g) of food for each day. (A) + (+S)
730. Rulings of Stoning the Devil
It is mandatory, by consensus.
The time of stoning (A) + (+S): lasts until maghrib of the 13th. (See the previous chapter) (-H, -M): for each day, ends at the end of the day.
The number that is sufficient to fulfill the rite of each jamrah is seven.
(A): If he or she misses one or two throws, he or she does not have to slaughter an animal, but he or she must give something away in charity, if that was done intentionally.
(M): if he or she misses a single pebble, he or she will have to slaughter an animal.
(H): gave more than half (4 out of 7 and 11 out of 21) the ruling of the whole number.
731. Shaving/Shortening the Hair
(A) + (+H, +M): Wâjib
(S): A pillar.
(All four madh-habs except for s and a): a condition for removing iḥrâm. Thus, one who does not shave/shorten may not do anything that is not allowed before the second taḥallul; if he does, he must expiate.
732. That is the position of (A) + (+H, +S), because Ibn ‘Abbâs said:
Pillars and Mandatory Actions of Hajj and Umrah
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