Fiqh Assunah

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  • Fiqh Assunah

  • Fiqh-us-Sunnah, Volume 5: Ihram

    Fiqh-us-Sunnah, Volume 5: Ihram

    Volume5, Page 31a: Definition

    Ihram is the intention to perform either Hajj or 'Umrah, or to makeintention of performing both. Intention is an important element of both. Allahsays: "And they have been commanded no more than this: to worship Allah,offering Him sincere devotion.'' (Qur'an 98.5) The Prophet (peace be upon him)said: "The actions will be rewarded according to the intentions behindthem, and every person will have what he had intended."

    We have dealt with the subject of intention in Fiqh us-Sunnah, Vol.1.(Seethe chapter on Wudu in Fiqh us-Sunnah vol. 1) The human heart is its seat.Al-Kamal bin al-Homam reported, "We are unaware of anyone among thenarrators reporting about the rites performed by the Prophet (peace be upon him)and saying that he (the Prophet) declared his intention to perform Hajj or'Umrah aloud saying, "I have made the intention to make 'Umrah orHajj."

    Volume5, Page 31b: Etiquette of Ihram, Cleanliness

    This means clipping one's fingernails, trimming the moustache, shaving offthe hair from under the armpits, shaving the pubic hair, making an ablution orpreferably taking a complete bath, and in the case of men, to comb their beardand hair.

    Ibn 'Umar said: "It is sunnah for a pilgrim to take a complete bath beforeentering the state of ihram or before entering Makkah." This is reportedby Al-Bazzar, Ad-Daraqutni, Al-Hakim, who considers it a sound hadith.

    It is reported from Ibn 'Abbas that Allah's Messenger (peace be upon him)said: "A woman in the state of confinement after childbirth and one in hermenstruation period must take a complete bath, declare her ihram, and performall the rites except circumambulation around the Ka'bah, which she may performafter she is in a state of purification." (Ahmad, Abu Dawud, and Tirmizhiwho considers this hadith sound)

    Volume5, Page 32: Taking off all sewn clothes and putting on the Hajj garb

    This consists of two sheets of cloth. One of these is wrapped round theupper part of the body, except the head, and the other (izar) is wrapped roundthe lower part of the body. Both of these sheets should be white as this coloris the best color in the sight of Allah.

    Ibn 'Abbas said: "Allah's Messenger (peace be upon him) combed hishair, wore some perfume, put on his Hajj garb, along with his Companions, andthen he set out from Madinah accompanied by them." (Reported by sukhari)

    Volume5, Page 32a: Wearing Some Perfume

    The perfume may be used on the body as well as the Hajj garb, even if itshould continue to smell afterwards.

    'Aishah said: "It is as if I can still (in retrospection) see thetraces of perfume glittering on the Prophet's head while he was in the state ofihram." (Reported by sukhari and Muslim) She also reported: "I usedto apply perfume to the Prophet (peace be upon him) before he wore his Hajjgarb, and again when he ended his state of ihram, but before he had made Tawafaround the Ka'bah." (Bukhari and Muslim) In another report transmitted byAhmad and Abu Daw' ud, 'Aishah said: "We used to go to Makkah with Allah'sMessenger (peace be upon him), and when we wore our Hajj garb we used tosprinkle musk on our foreheads. And if one of us was sweating or perspiring itwould run down her face. The Prophet (peace be upon him) would notice this butdid not prohibit its use."

    Volume5, Page 32b: Praying Two Rak'ahs

    With these, one should make one's intention to assume the state of ihram. Inthe first rak'ah one should recite Surah AlKafirun, and recite Surah Al-Ikhlasin the second rak'ah after the recitation of Surah Al-Fatihah.

    Ibn 'Umar reported: "The Prophet (peace be upon him) used to offer tworak'ahs at Zhul-Hulaifah.

    If, however, one offered a prescribed prayer at that time it will sufficehim, just as a prescribed prayer suffices and replaces a prayer of salutationsto the mosque.

    Volume5, Page 32c: Kinds of Ihram

    Ihram is of three kinds:

    -1- Qiran (combining both 'Umrah and Hajj).

    -2- Tamattu' (combining both Hajj and 'Umrah with a break in between), and

    -3- Ifrad (Hajj only).

    There is consensus among scholars that all these three kinds are legitimate.

    'Aishah reported: "We left (Madinah) with Allah's Messenger (peace beupon him) to perform the Farewell Hajj. Some of us declared ihram to perlorm'Umrah, while others declared their intentions to perform both Hajj and 'Umrah.Yet others declared their ihram to perform Hajj only. The Prophet (peace beupon him) declared ihram for Hajj only.

    As for those who intended 'Umrah, they terminated their ihram as soon asthey finished the rituals of 'Umrah. Those who intended to combine Hajj with'Umrah or those who intended to perform Hajj only, they did not terminate theirihram until the Slaughtering Day (Yawm un-Nahr), the 10th of Zhul-Hijjah."(Reported by Ahmad, Bukhan, Muslim and Malik)

    Volume5, Page 33: Qiran - Combining Hajj and 'Umrah

    In it a pilgrim declares his intention to perform both Hajj and 'Umrahtogether, and says when doing talbiyah, "O Allah, I answer your call toperform Hajj and 'Umrah." Such a pilgrim is required to remain in thestate of ihram until he has performed all the rites of 'Umrah and Hajj. Or, forthis kind of ihram, a pilgrim may declare his intention to perform 'Umrah andlater, before making the Tawaf around Ka'bah, make his intention to perform Hajjas well.

    Volume5, Page 33a: Tamattu' - Combining 'Umrah and Hajj With a Break in Between

    Tamattu' means performing 'Umrah during the Hajj season, and thensubsequently making Hajj the same year. It is called tamattu' (or enjoyment)due to the fact that a pilgrim has the added advantage of performing Hajj and'Umrah in the same journey without having to go back home, and also becausesuch a pilgrim after the 'Umrah, enjoys normal life; he can wear his usualclothes, apply perfume, and do other things until the time he once again putson his Hajj garb for the Hajj.

    Anyone intending to make a tamattu' should on approaching the miqat, firstmake intention for 'Umrah. While uttering talbiyah he should say: Labbaik bil'Umrah. "O Allah, I answer Your call to perform 'Umrah." Such apilgrim should keep on his or her Hajj garb until he circumambulates around theKa'bah, walks between Safa and Marwah, then clips his hair or shaves it. Afterthat he may put away his Hajj garb and wear his usual clothes. He may do everythingthat is permissible but was prohibited for him in the state of ihram. On the8th of Zhul-Hijjah, such a person must declare his or her intention to performHajj and put on ihram from Makkah.

    The author of Al-Fath says: "The majority of the scholars agree thatTamattu' means a pilgrim may combine Hajj with 'Umrah during the months of theHajj and in the same journey, and that when he performs 'Umrah he should bepresent in Makkah. In the absence of any of these conditions he may not performHajj tamattu'.

    Volume5, Page 34: Ifrad (Or Hajj only)

    Ifrad means a pilgrim intending to perform Hajj only should, while at themiqat, make intention for Hajj only. While making talbiyah he or she shouldsay, Labbaik bihajj "(O Allah, I answer your call to perform Hajj),"and must keep his or her Hajj garb until all the rites of Hajj are completed.Then, if such a pilgrim desires, he or she may perform an 'Umrah.

    Volume5, Page 34a: Which of the Above Kinds of Hajj and Umrah Combination is the Best

    The scholars disagree as to which of these is the best kind. The Shafi'ischool holds that ifrad and tamattu' are superior to qiran, because in eitherof the former two kinds a pilgrim has the opportunity to perform complete ritesof Hajj and of 'Umrah. On the other hand, a qarin (one who undertakes a qiranHajj) is able to perform Hajj only.

    As to which of the two--tamattu' or ifrad--is better, there are twoopinions. One group of scholars holds tamattu' as superior to ifrad, while theothers hold ifrad is better.

    The Hanafi school holds that qiran is better than tamattu' and ifrad, andthat tamattu ' is better than if rad. The Maliki school holds that if rad (Hajjonly) is better than tamattu' and qiran. The Hanbali scholars, on the otherhand, are of the view that tamattu' (combining Hajj and 'Umrah with a break inbetween), is better than the qiran and ifrad. This is comparatively easy andthe people can perform it comfortably.

    In fact, this is what the Prophet (peace be upon him) performed himself andcommanded his Companions to do likewise. 'Ata said, "I heard Jabir ibnAbdullah saying, 'We (the Companions) declared our intention to perform Hajjonly. On the 4th of Zhul-Hijjah the Prophet (peace be upon him) commanded us toterminate our state of ihram, saying, "Terminate your state of ihram andgo to your wives." He did not, however, oblige us to do so but hepermitted us. We said: 'There are only five days left to the Day of 'Arafah.Shall we go to 'Arafah while semen is dribbling from our male organs?" TheProphet (peace be upon him) stood up and said: "You know that I fear Allahthe most, and that I am the most truthful, and the most pious amongst you. If Ihad not brought my sacrificial animals with me, I also would have terminated mystate of ihram. If I were to again come (to Makkah), I shall not bring thesacrificial animals with me. So terminate your state of ihram." At this weterminated our state of ihram; we listened to and obeyed (the Prophet)."This was reported by Muslim.

    Volume5, Page 35: Putting on Ihram Without Specifying Its Kind

    If a person puts on ihram with the intention of performing whatever Allahhas prescribed for him without specifying any of the above three kinds due tolack of knowledge. his ihram would be quite lawful and valid.

    The scholars said: "If such a person utters talbiyah like others withthe intention of performing the rituals (of Hajj), but says nothing in words,nor makes an intention in his heart, nor specifies whether it is tamattu',ifrad, or qiran Hajj that he intends, his pilgrimage would still be valid, andhe will be reckoned to have made one of the three kinds of Hajj.

    Volume5, Page 35a: Tawaf and Sa'i for those Performing Qirarl and Tamattu' - ThePeople Living Within the Sacred Precincts of Ka'bah May Perform Ifrad (Hajjonly).

    Ibn 'Abbas was once asked about the break between 'Umrah and Hajj to whichhe replied: "The Muhajirun (immigrants from Makkah), the Ansar (people ofMadinah), and the wives of the Prophet (peace be upon him) declared theirintention to perform the Farewell Hajj. So we also declared our intention to dothe same. Upon arrival in Makkah, the Prophet (peace be upon him) said:"Make your declaration of intention for 'Umrah only, except for those whohave already designated their sacrificial animals, and brought them along withthem." We made Tawaf of Ka'bah, walked seven times between Safa andMarwah. Then we consorted with our wives and wore our regular clothes. TheProphet (peace be upon him) further told us: "Those who have garlanded(i.e., marked) their sacrificial animals, they must not break their state ofihram until the animal reaches the slaughter house to be offered in sacrifice.Then we were commanded by the Prophet (peace be upon him) to declare ourintention for Hajj on the night of the 8th of Zhul-Hijjah. After completing allthe rites of Hajj, we went and circumambulated around the Kabbah, walkedbetween Safa and Marwah, and thus we completed Hajj and we offered thesacrifice as Allah says, "If anyone wishes to continue the 'Umrah onto theHajj, he must make an offering such as he can afford, but if he cannot affordit, he should fast three days during the Hajj and seven days on his return ...(to his country)." (Qur'an 2.196) Offering a sheep in sacrifice is enoughfor this purpose. These Companions of the Prophet (peace be upon him) combinedtwo worships in one year: Hajj and 'Umrah. Allah has mentioned it in His Bookand (reinforced it) by the practice of His Prophet (peace be upon him), makingit permissible for all people, excepting the residents of Makkah. Allah says(Qur'an 2.136): "This is for those whose household is not in (theprecincts of) the Sacred Mosque." The Hajj months referred to are Shawwal,Zhul-Qui'dah and ZhulHijjah. So whosoever combines an 'Umrah and Hajj duringthese months has to offer a sacrifice, or observe fast. This is reported byBukhari.

    This hadith proves that the residents of Makkah can neither perform qirannor tamattu'. They may perform if rad only--a single Hajj or a single 'Umrah.This is the opinion of Ibn 'Abbas, and Abu Hanifah in the light of Allah' swords, "This is for those whose household is (in the precincts of) theSacred Mosque."

    There is disagreement among scholars concerning "those whose householdis (in the precincts) of the Sacred Mosque." Malik holds that they are thepeople of Makkah. Al-A'raj agrees with this view and also At-Tahawi whopreferred this view. Ibn 'Abbas, Taw'us, and another group are of the opinionthat it is the people living within the sacred precincts of Haram, whichaccording to Al-Hafiz, is quite apparent. Ash-Shafi'i holds that any one livingaround Makkah at a distance not more than that at which one is permitted toshorten regular prayers is a resident of Makkah. Ibn Jarir agrees and prefersthis view. The Hanafi scholars hold that all those living within or at themiqat are residents of Makkah. In this regard, the place of residence and notthe place of birth of a person is taken into account.

    The above hadith also indicates that a person who performs Hajj tamattu'must first make a tawaf of Ka'bah and Sa'i between Safa and Marwah. This willsuffice him for tawaful qudum (circumambulation of arrival) which is performedas a greeting to the Sacred Mosque upon arrival there. Then, after the Day of'Arafah, such a person shall make another tawaf, tawaf ifada. and performanother Sa'i between Safa and Marwah.

    As for the qarin, the pilgrim who combines 'Umrah and Hajj and remains in astate of ihram after the first 'Umrah, the scholars are of the opinion that heneeds to perform only one tawaf (seven circumambulations around Ka'bah) and oneSa'i (seven rounds between Safa and Marwah) for both the Hajj and 'Umrah. Thecase of such a person is very much similar to the pilgrim who performs ifrad(Hajj only).

    -1- Jabir reported: "The Prophet (peace be upon him) combined Hajj and'Umrah, with one tawaf." This is transmitted by Tirmizhi, who considers ita sound hadith.

    -2- Ibn 'Umar reported that the Prophet (peace be upon him) said: "Hewho declared his intention to perform Hajj and 'Umrah together, may perform onetawafand one Sa'i for them." This is reported by Tirmizhi, with theremarks that this is a hasan gharib hadith. Ad-Daraqutni has also reported it,but he adds: "One must not terminate one's state of ihram until one hascompleted both (the Hajj as well as 'Umrah)."

    -3- The Prophet (peace be upon him) told 'Aishah: "Your tawaf of theKa'bah and Sa'i between Safa and Marwah will suffice you for both Hajj and'Umrah." This is reported by Muslim.

    Abu Hanifah, however, is of the view that in such a case (i.e., combiningHajj and 'Umrah) lawaf and Sa'i must be performed twice. The first hadith ispreferable considering its authenticity and strength of evidence.

    -4- A hadith says that a pilgrim who combines Hajj and 'Umrah, with a breakin between (as in tamattu') or without a break (as in qiran) must sacrifice atleast a sheep. And if one cannot afford the sacrifice he should fast three daysduring Hajj and another seven days after returning home. It is preferable forsuch a person to fast three days during the ten days of Zhul-Hijjah before theDay of 'Arafah. Some scholars such as Taw'us and Mujahid, however, hold thatsuch a pilgrim may fast at the beginning of the month of Shawwal. Ibn 'Umar, onthe other hand, is of the opinion that such a pilgrim may fast a day before the8th, and the 8th as well as 9th of Zhul-Hijjah (Day of 'Arafah). If such apilgrim failed to fast these three days, or fasted some of them before 'Eid,then he may observe fast during the tashriq days (i.e., the I Ith, 12th and13th of Zhul-Hijjah). This is based on a report from 'Aishah and Ibn 'Umar whosaid: "Fasting is not permitted on the 11 th, 12th and 13th of ZhulHijjahexcept for those who are obligated to fast because they cannot afford thesacrifice." This is reported by Bukhari. If one fails to fast these threedays during Hajj, then one must make them up later.

    As for the seven days of fasting, according to some scholars, one may fastthem upon arriving at his home town. Others, like Mujahid and 'Ata, say one maydo so after arriving at one's stopover. According to them one may fast theseseven days on the way back home. These ten days of fasting do not necessarilyhave to be fasted consecutively.

    Once a person makes intention (for Hajj or 'Umrah) and dons the ihram, hemust make talbiyah.  

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