BOOK J: THE PILGRIMAGE

Table of Contents:

j1.0 WHO MUST PERFORM HAJJ AND `UMRA

(O: Hajj and `umra are obligtory because of the word of Allah Most High:

"People owe Allah to make pilgrimage to the House, whoever is able to find a way" (Koran 3:97),

and,

"Complete the hajj and 'umra for Allah" (Koran 2:196), meaning, "Perform both of them completely.")

j1.1 (n: This section uses the following special vocabulary in addition to some of the terms previously mentioned at f8.1:

'Arafa: (syn.'Arafat) the name of a plain about thirteen miles to the eastsoutheast of Mecca.

Hajj: the pilgrimage to Mecca.

Ihram: the state of consecration that pilgrims enter for hajj and 'Umra.

Labbayk: a litany meaning, "Ever at Your service, O Allah, ever at Your service."

al-Masjid al-Haram: the Holy Mosque in Mecca that encompasses the Kaaba.

Safa and Marwa: two hillocks connected by a course adjoining al-Masjid al-Haram.

'Umra: the lesser pilgrimage or visit to Mecca that may be performed at any time of the year.)

j1.2 Both hajj and 'umra are obligatory, though neither is obligatory more than once in a person's lifetime unless one vows (def:j18) more than that.

j1.3 They are only obligatory for someone who:

1. is Muslim;
2. has reached puberty;
3. is sane;
4. and is able (def:j1.6-10) to make them.

j1.4 The hajj or `umra of someone considered unable (non-(d) above) is valid (O: i.e. if he undertakes the hardship, travels, and stands at 'Arafa (def:j8), it fulfills the obligation), though not that of a non- Muslim, or a child below the age of discrimination (f1.2) who is unaccompanied by a guardian.

It is valid for a child of the age of discrimination to enter the state of ihram with his guardian's permission (O: guardian meaning the person with lawful disposal over the child's property).

It is also valid for the guardian to enter ihram on behalf of an insane person or a child below the age of discrimination, in which case the guardian has his charge do as much as he is able, by having him (O: telling him to ) perform the purificatory bath (ghusl), remove clothing that has seams, and put on hajj garments; and forbidding him the things prohibited while in the state of ihram, such as perfumes and the like (def; j3.5), after which he takes him to the various places of the hajj rites (O: it being insufficient for the guardian togo alone), and performs the acts that the charge cannot do himself, such as entering into ihram (n: which the charge, lacking discrimination, is unable to make a legally valid intention for), the two rak'as after circumambulating the Kaaba, and stoning at Mina. (N: But the hajj of someone who has not reached puberty does not fulfill the obligation Islam imposes, since even though itis valid, it is supererogatory.)

WHO IS CONSIDERED ABLE TO PERFORM THE HAJJ

j1.5 Those able to perform the hajj are of two types: those able to perform the hajj in person, and those able to fulfill the hajj by sending someone in their stead.

THOSE ABLE TO PERFORM THE HAJJ IN PERSON

j1.6 The conditions for being considered able to perform the hajj in person are:

1. to be healthy (O: enough to ride there without serious harm);
2. to be able to obtain provisions for the trip;
3. to have enough money to afford water at the going price at the places people travel through because of the water there;
4. to have transportation suitable to someone like oneself (O: though if one cannot find any, or if it is more than the usual price (A: usual meaning that the fare to the hajj is no more than the fare to another destination of comparable distance). then one is not obliged to perform the hajj);

   (all of the above (O: (b), (c) and (d)) apply equally to the journey there and back)
    

5. to be able to pay for (b), (c), and (d), round trip, with money one has that is in excess of the amount one requires to support the members of one's family and clothe them while one is travelling there and back, and obtain leadings for oneself; and that is in excess of any money one owes for debts, even those not yet due (O: scholars concur that a debtor is not obliged to perform the hajj even when his creditor does not mind postponing the debt until after the hajj, and that a person is not obliged to perform the hajj when someone is willing to loan him the money to do so (N: though such a person's hajj would be valid, as previously discussed (j1.4)));
6. and that a route exist that is safe for one's person and property from predators and enemies, whether the latter be non-Muslims or whether highwaymen wanting money, even when the amount is inconsiderable (A: including so called hajj fees, which are not countenanced by Sacred Law). If there is no route except by sea, then one must take it if it is usually safe, but if not, then it is not obligatory.

(N: These are the conditions for the obligatoriness of the hajj or`umra, meaning that if one of them is lacking, the hajj and `umra are not obligatory for that year, though if one performs them anyway, one's performance validly fulfills the rites which Islam imposes, as mentioned above at j1.4)

j1.7 The above conditions apply equally to a woman, who in addition requires someone to accompany her to protect her, such as a husband, an unmarriageable male relative (mahram, def: m6.2), or some (O: two or more) reliable women, even if they are not accompanied by any of their unmarriageable male relatives.

j1.8 If the above conditions are met, but there is no longer time to reach Mecca, then the hajj is not obligatory. But if time remains, it is obligatory.

j1.9 It is recommended to perform hajj as soon as possible (N: i.e. to perform it the first year that one is able to, and likewise for `umra). One is entitled to delay it, but if one dies without performing it after having been able to, one dies in disobedience, and it is obligatory to take out the cost for it from the deceased's estate (n: just as debts are, as at L4.3(1)) to pay for someone to make it up (A: in the deceased's place (dis: below)).

THOSE ABLE TO PERFORM THE HAJJ BY SENDING SOMEONE IN THEIR STEAD

j1.10 The second type of being able to perform hajj is when one may fulfill it by sending another in one's place, the necessary conditions for which are:

1. that one is unable to ride there (O: at all, or is able, but with great difficulty) because of chronic illness or old age;
2. and that one either has the money (n: to hire someone to go in one's place) or (N: if lacking the money) has someone to obey one (O: by agreeing to perform the rites of hajj for one (N: at their own expense, as a charitable donation)), even if not a family member- in which case one is obliged to either hire someone (N: in the former instance) or give permission to someone (N: in the latter instance) to perform hajj in one's place.

One may also have someone perform a nonobligatory hajj for one under such conditions.

THE PRIORITY OF THE OBLIGATORY HAJJ OVER ANY OTHER

j1.11 It is not permissible for someone who has not yet performed his own obligatory hajj:

1. to perform the hajj for someone else;
2. to perform a nonobligatory hajj;
3. or to perform hajj in fulfillment of a vow or as a makeup.

(N: If he does any of these, it counts instead as his own obligatory hajj).

j1.12 The order of performing hajj (O: or `umra) must be:

1. the obligatory hajj first;
2. then a makeup hajj (def:j3.14:(c)) if any is due;
3. then a hajj in fullfillment of a vow, if any has been made;
4. and then a supererogatory hajj, or one in another person's place.

If one tries to change this order, for example, by commencing a hajj with the intention for a supererogatory performance or a vow when one has not yet made the obligatory hajj, the intention is invalid, and the hajj counts instead as fulfilling the obligatory one. Te same is true for the other types (A: i.e. if one extends any of the types in the order just mentioned when a prior type exists unperformed, then one's hajj counts as fulfilling the prior one, regardless of the intention).

WAYS OF PERFORMING THE HAJJ

j1.13 It is permissible to enter ihram with the intention for any of four ways of performing the hajj, which are, in order of superiority:

1. hajj before `umra (ifrad);
2. `umra first (tamattu');
3. hajj and `umra simultaneously (qiran);
4. and the unconditional intention to perform hajj and `umra (itlaq).

HAJJ BEFORE `UMRA (IFRAD)

j1.14 Hajj before `umra (ifrad) means to perform hajj (O: i.e enter ihram for hajj) first (O: before subsequently entering ihram for `umra) at the ihram site for people from one's country (def: j2), then (O: after having completed one's hajj) to go outside the Sacred Precinct (Haram) and enter ihram for `umra. (O: There is no special place for the second ihram: if one went to the closest place outside of the Sacred Precinct, it would suffice for this ihram of `umra.) (N: People generally go to the Mosques of `A' isha (Allah be well pleased with her) al-Tan'im because it is close.)

UMRA FIRST (TAMATTU')

j1.15 'Umra first (tamattu') (N: perhaps the easiest and most practical way to perform hajj in our times, since one does not have to remain in a state of ihram throughout the week or more that one is generally there between the initial `umra and subsequent hajj) means to perform the `umra first (O: before the hajj) by:

1. entering ihram for it from the ihram site for people of one's own country;
2. during the hajj months (def:j1.19);
3. and then (O: after finishing the `umra) performing hajj within the same year from Mecca (O: meaning to intend hajj from Mecca (n: by entering ihram there), if one wants to have to slaughter (n: in expiation, as at j12.6(I)), which relives one of the necessity to return to the ihram site of people of one's country, though if one returns to that site to enter ihram for hajj, then one is no longer obliged to slaughter and one's ihram is valid).

It is recommended to enter ihram for hajj on 8 Dhul Hijja if one is performing `umra first (tamattu') and has an animal to slaughter. But if one does not have an animal, (O: one eners ihram) on 6 Dhul Hijja (O: so that one's (N: three day expiatory) fast (N: in place of slaughtering (def: j12.6(I)) takes place before standing at `Arafa (A: since in the Shafi'i school, being in ihram for hajj is obligatory during these three days of fasting though for the Hanafi school, these days may be fasted before entering ihram for hajj, after one's umra), thus fasting on the sixth, seventh, and eighth, and not on the Day of `Arafa' (N:the ninth) if one was able to fast on the sixth, though if not then fasting the day of Arafa is mandatory because of the previous inability. If one does not fast it, it is a sin and the delayed fast day is a makeup, as its obligatory time is before the Day of `Arafa). One enters ihram for hajj in Mecca from the door of one's lodgings. Then one proceeds in a state of ihram to al-Masjid al-Haram as a Meccan would (O: to perform a farewell circumambulation (tawaf al-wada'. def: j11.2) of the Kaaba, which is desirable (mustahabb) for non-Mecans who are leaving Meca to go to `Arafa. For Meccans, the farewell circumambulation is obligatory when leaving Mecca, even for a short distance).

HAJJ AND `UMRA SIMULTANEOUSLY (QIRAN)

j1.16 Hajj and `umra simultaneously (qiran) means to enter ihram intending both (O: hajj and 'umra) at the ihram site for people of one's country, and then perform only the rites of hajj (O: Such that one does not perform an additional circumambulation or a second going between Safa and Marwa (def:j6), but rather once is sufficient to fulfill the obligation of both hajj and `umra, because the actions of the `umra have been incorporated into the actions of the hajj. The author mentions a second way of performing hajj and `umra simultaneously (qiran) by saying:)

Or the person may enter ihram first for `umra, and then before beginning his circumambulation (O: even if only by a single step), incorporate into his intention for `umra the intention to perform hajj, this taking place in the months of hajj.

THE OBLIGATION TO SLAUGHTER OR FAST FOR THOSE PERFORMING THE `UMRA FIRST (TAMATTU') OR HAJJ AND `UMRA SIMULTANEOUSLY (QIRAN)

j1.17 A Person performing `umra first (tamattu') or performing hajj and 'umra simultaneously (qiran) is obliged to slaughter (N: a shah (def:h2.5) or to fast, as mentioned below), though if the person performing hajj and `umra simultaneously (qiran) lives within the Sacred Precinct (Haram) or within 81 km./50 ml. of it, or if the person performing `umra first (tamattu') returns to the ihram site for people of his country (N: after his umra) to enter ihram for hajj, or lives within 81 km./50mi. of the Sacred Precinct - in any of these cases he is not obliged to slaughter.

If one (O: performing `umra first (tamattu') or hajj and `umra simultaneously (qiran)) is obliged to slaughter but:

1. lacks an animal there (O: i.e. in the Sacred Precinct (Haram), which is the place of the obligation to slaughter, lacks meaning absolutely, as when there is not an animal available that meets slaughter specifications (def:j14.2));
2. or (O: there is an animal, but one lacks) its price (O: or has the price but needs the money for expenses and the like);
3. or finds that it is being sold for more than the normal price for that locality and time;

   -then one must fast three days of the hajj (O: For our school it is insufficient to fast them before the hajj, as opposed to the school of Abu Hanifa, in which it is permissible to fast them before the hajj (A: i.e. when performing the `umra first (tamattu'), fasting them after having finished the initial `umra and before entering ihram for hajj).) It is recommended that these days be before the Day of 'Arafa (O: time permitting, as when one fasts from 1 Dhul Hijja after having entered ihram for hajj. It is unlawful to delay these fast-days till after the Day of `Arafa), and one must fast seven additional days after returning home (n: making a total of ten fast-days).

The time for current performance of the three fast-days ends after the Day of `Arafa (O: and it is not permissible to fast any of them on `Eid-al-Adha or on the three days following Eid), and if one thus delays them, it is obligatory to make them up before the other seven fast-days, by an interval between the three and seven fast-days equal to the interval that would have separated them had they been a current performance, namely the time taken by the trip (O: from Mecca to home) plus four days (O: equal to the `Eid and the three days that follow it).

THE UNCONDITIONAL INTENTION TO PERFORM HAJJ AND `UMRA (ITLAQ)

j1.18 The unconditional intention to perform hajj and `umra (itlaq) means to merely intend entering into the performance of rites, without specifying at the time of ihram that it is for hajj, `umra,or hajj and `umra simultaneously (qiran). After this, one may use it (O: the ihram, made unconditional by the intention) as one wishes (O: meaning to perform hajj only, `umra only, or hajj and `umra simultaneously (qiran) (A: though one may not use the unconditional intention as a way to perform `umra first (tamattu') without having to either return to the ihram site to enter ihram for hajj, or to slaughter or fast (def :1.17))).

THE TIME OF YEAR TO ENTER IHRAM FOR HAJJ OR `UMRA

j1.19 It is not permissible to enter ihram for hajj other than during its months, namely, Shawwal, Dhul Qa'da, and the first ten nights of Dhul Hijja (A: with their days). If one enters ihram for hajj during non-hajj months, one's ihram counts for `umra.

Entering ihram for `umra is valid at any time of the year except for a person on hajj encamped at Mina for stoning (def:j10).

j2.0 SITES FOR ENTERING IHRAM

j2.1 The sites for entering ihram for hajj or `umra are as follows:

1. (N: people going to hajj from the West by plane must enter ihram before boarding it, or during the flight before it passes the airspace that is even (def:j2.3) with the city of Rabigh, on the western coast of the Arabian Peninsula, this generally being announced on the plane);
2. Medina residents (N: or those travelling through Medina to Mecca) enter ihram at Dhul Hulayfa;
3. residents of the Syria-Palestine region, Egypt,and North Africa enter ihram at al-Juhfa;
4. residents of al-Tihama in Yemen enter ihram at Yalamlam;
5. residents of Najd of Yemen and the Najd of the Hijaz enter ihram at Qarn;
6. and residents of Iraq and Khurasan enter ihram at Dhat `Iraq, preferably at al-`Aqiq.

j2.2 Someone at Mecca, even if merely passing through, enters ihram for hajj in Mecca, and for `umra must go (N: at least) to the nearest place outside of the Sacred Precinct (Haram), of which the best is al-Ji'rana, then al-Tan'im, and then al-Hudaybiya.

Someone residing closer to Mecca than the ihram site is to Mecca should enter ihram (O: for hajj or `umra) at his residence.

j2.3 When coming by a route lacking an ihram site, one enters ihram when even with (O: on the left or right) the ihram site that is nearest.

j2.4 For someone residing farther from Mecca than the ihram site is,to enter ihram at the ihram site is superior (A: than for him to enter ihram at his own residence).

THE EXPIATION FOR NEGLECTING TO ENTER IHRAM AT THE PROPER SITE:

j2.5 Someone intending hajj, `umra,or both, who passes the ihram site (O: intentionally, absentmindedly, or in ignorance of it) and enters ihram somewhere closer to Mecca is obliged to slaughter (def:j12.6(I)),though if he returns to the proper site and enters ihram there before having performed a single rite, he is no longer obliged to slaughter.

j3.0 IHRAM (THE STATE OF PILGRIM SANCTITY)

MEASURES RECOMMENDED PRIOR TO IHRAM

j3.1 When one wishes to enter ihram,it is recommended (even for a woman in menstruation) to perform the purificatory bath (ghusl), intending bathing for ihram. If there is not much water, one merely performs ablution (wudu).

It is also recommended to shave pubic hair, pluck the underarms, clip the mustache. (O: trim the nails,) clean oneself of dirt, and wash the head.

OBLIGATORY MEASURES BEFORE IHRAM

j3.2 Then (O: if male) one:

1. sheds any garments that have sewing in them (O: taking them off being obligatory for ihram, which is incomplete if one does not remove them before entering it);
2. puts on a clean white mantle (Ar. rida', the rectangular piece of cloth worn over the shoulders that covers the upper body of a man in ihram) and wraparound (izar, the cloth worn around the lower body), and sandals (O: that do not enclose the foot, but rather reveal the toes and heels, as opposed to sandals that cover the toes, for wearing such sandals obliges one to slaughter (def: j12.6(II)));
3. and it is recommended to perfume the body, though not one's clothes.

The above measures (j3.1) apply equally to women, although women do not divest themselves of sewn garments (O: a woman being obliged to cover all of her body except the face and hands, which, in ihram as well as in prayer, are not considered nakedness). It is recommended that she dye her hands and face with henna (O: a measure that is desirable, and whose nonperformance is without consequence). (A: But women do not use perfume.)

All of the foregoing are done before entering ihram.

ENTERING IHRAM

j3.3 One then prays two rak'as, provided it is not a time when the prayer is forbidden (def:f13), intending the sunna of ihram. (O: It is sunna to recite al-Kafirun (Koran 109) in the first rak'a and al- Ikhlas (Koran 112) in the second.)

Then one rises to start travelling to Mecca. As soon as one begins travelling to Mecca, one has entered ihram.

Ihram (O: which is an integral of hajj and 'umra) is the intention to enter into the performance of the rites (O: of hajj, 'umra, or both (qiran)). One intends in one's heart to perform the hajj for Allah Most High, if one wants to perform hajj; or to perform 'umra if one wants to; or both together if one wants to perform them simultaneously (qiran). It is recommended that one also pronounce this intention with the tongue.

CHANTING "LABBAYK"

j3.4 Then one chants "Labbayk" (n: as described below), raising the voice (O: enough to (N: at least) hear oneself, the raising being relative. For the duration of the time one is in ihram one raises it enough for those nearby to hear), though a woman should lower her voice when saying it (O: as raising the voice is offensive for a woman) saying: "Ever at Your service, O Allah, ever at Your service. Every at our service, You have no partner, ever at Your service. Verily, all praise, blessings, and domination are Yours. You have no partner" (O: saying this three times).

Then (O: after chanting the above) one recites the Blessings on the Prophet (Allah bless him and give him peace) in a softer voice, asking Allah Most High for paradise (O: saying, "O Allah, I ask You for paradise and its blessings," and asking for His good pleasure and acceptance (ridwan)) and seeking refuge in Him from hell (O: saying, "I take refuge in You from Your wrath, and hell," and asking Him for whatever one wishes of the good of this world and the next).

It is desirable to chant "Labbayk" for the duration of one's ihram, whether standing, sitting, riding, walking, lying down, and even in a state of major ritual impurity (janaba), or for a woman in menstruation. It is particularly desirable when:

1. changing from one state, time, or place to another, such as when going uphill or down, or getting on or off a vehicle;
2. meeting groups of people;
3. at the approach of dawn, night, or daytime;
4. after prayer;
5. and in all mosques.

One does not chant "Labbayk" while circumambulating the Kaabba or going between Safa and Marwa (O: as these have their own particular invocations). It is undesirable to stop chanting it in order to speak, though if someone greets one with "as-Salamu 'alaykum," it is recommended (O: but not obligatory) to return his greeting.

When one sees something pleasing (O: or displeasing) during ihram, it is recommended to say, "Ever at Your service, truly, the real life is the life of the hereafter" (O: and if one sees the like while not in ihram, one says, "O Allah, truly, the real life is the life of the hereafter," without saying "Labbayk."

THINGS UNLAWFUL WHILE IN IHRAM

j3.5 Five things are unlawful (dis:j12.6) when one has entered ihram. (n: Namely:

1. Sewn garments on men (dis: j3.6);
2. using perfume (j3.7);
3. removing hair or nails (j3.8);
4. sexual intercourse or foreplay (j3.13);
5. and hunting (j3.21).)

SEWN GARMENTS ON MEN

j3.6 The first thing unlawful in ihram is wearing sewn clothing such as shirts, trousers, moccasins (khuff, def: e6), anything else sewn (N: sewn meaning that which is for wearing, not just any sewaring, as a patched mantle or wraparound are permissible), and anything that encircles the body as sewn garments do, such as (N: those seamed) by being woven or felted together and the like.

It is unlawful to cover the head with anything, sewn or unsewn, that is generally considered a headcover (O: such as a hat, cloth, bandage (N: or blanket while sleeping)).

It is permissible while in ihram to carry a (N: sewn) bag or the like, or to tote a basket (O: on one's head, though it is unlawful if one intends it as a headcover). (A: It is permissible to carry an umberella held in the hand for protection against the sun.)

It is not permissible of fasten one's mantle by tucking part of it through a hole, tying it together, passing a string though one end and then the other, or by tying a string to each of the two ends (N: though it is permissible to fasten it together with safety pins).

It is permissible to tie one's wraparound (O: one end to the other) or tie a string over it (O: so that it holds it fast, like a drawstring, and one may likewise use a waistband) (N: the reason for the permissibility (n: of tying the wraparound but not the mantle) being that if the wraparound but not the mantle) being that if the wraparound were to fall it wound reveal one's nakedness, unlike the mentle). (n: Safety pins are permissible to fasten the wraparound, and are useful to make pleats at the waistline by safety-pinning two or three tucks of cloth there to gather the wraparound at the waist and leave more freedom of movement for the legs below.) (A: A belt may also be used to hold one's wraparound at the waist.)

PERFUME

j3.7 The second thing that is unlawful after enterinmg ihram is using perfume, such as musk, camphor, or saffron on one's clothing, body, or bedding. It is also unlawful to smell roses, or bedding. It is also unlwaful to smell roses, violets, lilies, or anything fragrant; to sprinkle rose water or flowr water about; or to use scented oils (N: or scented bar soap), whether to smell them or to apply them to any part of the body.

It is also unlawful:

1. to apply unscented oils like olive, sesame, and so on to the beard or scalp, unless one is bald (A: in which case it can be used on the skin of the head), though it is permissible to smell them or apply them to any of the body (O: except the hair of the head and face);
2. to eat food in which the use of a cosmetic is manifest, whether in taste, color, or scent, such as the scent of rose water, the color of saffron or its taste, or the taste of ambergris in cooked grain and the like;
3. or to use scented perspiration deodorant or eyeliner.

REMOVING HAIR OR NAILS

j3.8 The third thing that is unlawful while in ihram (O: for both men and women, but only if one does so deliberately, knowing that it is unlawful, voluntarily, and remembering that one is in ihram) is:

1. (1) cutting or plucking hair (O: i.e. removing it by any means whatever), even if only part of a single hair (by shorterning it), and whether from the head, underarms, pubes, mustache, or any other part of the body (A: the obligatory expiation for one hair is to give 0.51 liters of food to the poor in Mecca, and for two hairs, twice that amount. For three or more, a full expiation (def: j12.6(ii)) is obligatory);
2. (2) or clipping fingernails or toenails, even if only part of one (A: my above remark on expiations also applies to nails).

THE EXPIATION FOR VIOLATING THE CONDITIONS OF IHRAM

j3.9 It is necessary to slaughter a shah (def: h2.5) (n: or perform one of the other alternatives mentioned below at j12.6(II)) when one is in ihram and one:

1. uses perfume;
2. wears a prohibited garment (def: j3.6):
3. removes three or more hairs, fingernails, or toenails (def: j12.6(II(1-2)));
4. touches another person with desire in a nongential area;
5. or applies unscented oil to one's hair (dis:j3.7).

j3.10 A person obliged to perform such an expiation may fulfill it (A: any time thereafter) in any of the following ways:

1. by slaughtering a shah (def: h2.5) (O: and distributing its meat to the poor and those short of money is the Sacred Precinct);
2. by distributing 6.09 liters of food (def: h7.6) to the poor in charity, giving 1.015 liters to each person;
3. or by fasting three days (O: even if unconsecutive).

ACCIDENTALLY REMOVING A HAIR

j3.11 It is unlawful during ihram to comb one's beard (N: or hair) or run one's fingers through it if one knows that hair will be pulled out.

When one runs the fingers through one's beard or washes the face and then notices hair in one's hand, then if one knows one pulled it out while doing this, and expiation (def:j12.6(II)) must be paid, though if one knows that it came out by itself, or does not know whether it did or not, then one is not obliged to expiate.

j3.12 The following things necessitate the expiation (def: j12.6(II)), but when done out of need, are not unlawful:

1. having to cut one's hair because of illness, heat, or lice;
2. having to wear something sewn because of intense heat or cold;
3. or having to cover one's head.

SEXUAL INTERCOURSE OR FOREPLAY

j3.13 The fourth thing unlawful while in ihram is sexual intercourse or touching a nongenital area with sexual desire, such as kissing, hugging, or touching lustfully.

j3.14 If one intentionally has sexual intercouse before finishing one's 'umra, or while on hajj before partial release from ihram (def: j9.13), then:

1. this nullifies the hajj or 'umra;
2. it is nonetheless obligatory to complete the hajj or 'umra from the point at which it was spoiled to the end;
3. it is obligatory to make it up as soon as possible, even if the spoiled hajj or 'umra was merely supererogatory;
4. and it is obligatory to pay the expiation (def: below) (O: for the male, not the female, who need not do any thing, though it is a sin if she participated willingly) (A: the more reliable position is that if the woman was unwilling, none of the above ((a), (b), (c), or (d)) apply to her, though if willing, (a), (b), and (c) apply to her but not (d)).

j3.15 The expiation for the above (j3.14) is to slaughter (A: and distribute to the poor of the Sacred Precinct, immediately):

1. a camel (O: i.e. a male or female that meets slaughter specifications (def: j14.2)), but if this is not possible (N: within the days of that hajj), then one must slaughter:
2. a cow, but if not possible, then:
3. seven shahs (def: h2.5), but if not possible, then:
4. one estimates the cost of a camel and how must food (def: h7.6) this would buy, and then gives that much food (N: to the poor in Mecca), but if not possible, then:
5. one fasts one day for every 0.51 liters of food, that would have been given had (4) been done (N: One may fast anywhere, but it is not permissible to delay it without an excuse.)

j3.16 A person making up a hajj or 'umra nullified by sexual intercourse must enter ihram for the makeup hajj or 'umra at the same ihram site as the original (n: nullified) hajj or 'umra, though if one entered ihram for it at a location closer to Mecca (N: than the ihram site (dis: j2.5)), one must enter ihram for the makeup at the (O: prescribed) site (N: for those of one's country).

j3.17 When someone (O: in ihram who intends to make up a nullified hajj) is accompanied on the makeup hajj by the wife he made love to, he is recommended to separate himself from her while they are at the place where they had intercourse.

(N: Such a makeup counts as the original hajj or 'umra would have counted: if it was obligatory, it counts as the obligatory one; if supererogatory, as supererogatory; and if vowed, as vowed.)

j3.18 If a man has sexual intercourse after partial release from ihram (def: j9.13), it does not nullify his hajj (n: i.e does not entail j3.14 (a,b,c,d)), though he must pay an expiation (O: of the type discussed at j12.6(II)).

j3.19 If one has sexual intercourse absentmindedly (O: forgetting one is in ihram or out of ignorance of its prohibition or because of being forced), then one is not obliged to do anything (A: i.e. none of j3.14(a,b,c,d)).

THE PROHIBITION OF MARRYING WHILE IN IHRAM

j3.20 It is unlawful while in ihram to marry, or to marry someone to another (zawwaja, def: m3.2(a)) (O: whether one does so oneself or through an agent). If one does so, the marriage contract is invalid.

It is offensive while in ihram to get engaged to marry, or to serve as a witness for a marriage contract.

HUNTING

j3.21 The fifth thing that is unlawful while in ihram is:

1. (1) to kill any wild game that may be eaten by Muslims;
2. (2) or to kill the offspring of matings between game animals that may be eaten by Muslims and game animals that may not be eaten by Muslims.

Someone in ihram is obliged to pay the expiation (def: below) whenever such an animal dies at his hands, is destroyed by an act of his, or is injured, in which case one must expiate in proportion to the part damaged.

THE EXPIATION FOR HUNTING

j3.22 If the animal killed has a domestic counterpart, one may fulfill the expiation in any of the following ways:

1. to slaughter a head of domestic livestock that is like the wild animal which was killed (O: like meaning an approximation, not actual resemblance. The criteration is the condition of the animal, not its value. One expiates a game animal that was, for example, large, small, healthy, diseased, fat, thin, or defective, with a head of livestock of the same descripation, heeding the correspondences. It is a necessary condition that the wild animal and the head of livestock share, if the animal was defective, the same type of defect, such as blindness (N: though it is permissible, indeed superior, to pay a healthy one for a defective one or a whole one for one that is lacking some part));
2. to estimate the value of the like head of livestock, and distribute an equal value of food (def: h7.6) to the poor;
3. or to fast one day for every 0.51 liters of food (N: that would have been bought had (2) been done).

j3.23 If the animal killed does not have a domestic counterpart, then one may fulfill the expiation in any of the following ways:

1. to distribute funds to the poor which equal the value of the game animal, although if the animal was a pigeon, one is obliged to slaughter a shah (def: h2.5) (O: which is obligatory for killing even a single pigeon);
2. to buy food equal to the animal's value and distribute it as charity;
3. or to fast one day for each 0.51 liters of food (N: that would have been bought had (2) been done).

j3.24 The prohibition of all things unlawful while in ihram applies to both men and women, except for not wearing sewn clothing (def: j3.6) and not covering the head, which are restricted to men.

A woman, however, may not veil her face in ihram (dis: (j12.6(II(3))). If she wants to conceal it from people, she may drape something in front provided it does not touch her face (N: such as a veil worn over a cap's visor), though if it touches it without her intention, it is of no consequence.

j3.25 It is permissible when in ihram to scratch one's head or body with one's fingernails as long as this does not remove any hair.

It is also permissible in ihram to kill lice (N: or other insects harmful to humans), though if one kills a louse, it is recommended to expiate its death by giving charity, even if only a single bite of food.

j4.0 ENTERING MECCA

j4.1 It is recommended when one wants to enter Mecca:

1. to perform the purificatory bath (ghusl) outside of the city with the intention of entering Mecca;
2. to enter in the daytime, and from the Mu'alla gate of Thaniyyat Kada' (N: a pass from the direction of Jedda);
3. to walk barefoot, provided one does not apprehend something unclean (najasa);
4. not to annoy anyone by jostling;
5. and after entering, to proceed to al-Masjid al-Haram.

WHEN ON FIRST SEES THE KAABA

j4.2 When one first sees the Kaaba, it is recommended to lift the hands and say: "O Allah, increase this house in nobility, honor, reverence, and dignity. Increase those going on hajj or 'umra who honor and reverence it in honor, reverence, and piety. O Allah, You are Peace, the Source of Peace: O Lord, raise us after death in peace." And then one asks Allah for whatever one wishes of religious matters or those of this world.

j5.0 CIRCUMAMBULATING THE KAABA (TAWAF)

j5.1 Then one enters al-Masjid al-Haram from the Bani Shayba door (O: even if it is out of one's way, as it is sunna) prior to getting one's luggage down or finding a place to stay and so forth (O: such as deciding to rest or to eat; all this should be put off until after circumambulating the Kaaba). Rather (n: by turns), some of one's party should stay with the luggage while others go to the mosque (O: to circumambulate), and after they finish, they return to watch the luggage so the rest can go.

(O: The arrival circumambulation (tawaf alqudum) is desirable for anyone who enters al-Masjid al- Haram, whether in ihram or not.)

HOW TO CIRCUMAMBULATE THE KAABA

j5.2 Prior to circumambulating the Kaaba one proceeds to the Black Stone (diagram: 1) (O: next to the Kaaba's door, on the east corner), drawing near to it, if one can do so without hurting others by justling. One faces the Black Stone, places the hand on it, and without a word, kisses the stone thrice and touches the forehead upon it thrice. (O: Touching, kissing, and placing the forehead on the stone are only sunna for women when the circumambulation area is vacant, whether in the night or day.)

j5.3 One cease to chant "Labbayk" at this point, not to resume until after having finished both circumambulating the Kaaba and going between Safa and Marwa (def: j6). One puts the center (N: of the top edge) of one's mantle under the right arm and its two ends over the left shoulder so that the right shoulder is left bare (dis: j5.13, second par.).

One begins circumambulating by first standing facing the Kaaba with the Black Stock on one's right and the Yamani corner (diagram: 8) on one's left, standing back from the stone a little towards the Yamani corner (n: i.e. behind the black stripe in the marble pavement, extending out from the stone, that marks the beginning of one's circumambulation). One should intend performing the circumambulation for Allah Most High (O: though this intention is only necessary for a supererogatory or a departure circumambulation, not for an obligatory or an arrival circumambulation, since the intention to perform the rites of hajj or 'umra (def: j3.3) includes the intention for the latter two types of circumambulation).

Then one:

1. places the hand on the Black Stone, and then kisses it and places the forehead one it thrice, as mentioned above (A: i.e. it is done again here to begin the circumambulation, just as it was done before circumambulation (j5.2));
2. says "Allahu akbar" three times;
3. and adds, "O Allah, out of faith in You and to affirm Your book, fulfill Your covenant, and follow the sunna of Your prophet Muhammad (Allah bless him and give him peace)."

j5.4 Then one moves sideways (A: as is recommended) to the right, passing in front of all of the Black Stone with all of the body, while facing it. When past the stone, one turns (O: from facing it) so that the Kaaba is on one's left and then proceeds to circumambulate it. (O: If one did this (N: kept the Kaaba on one's let while passing the stone) from the beginning and neglected to face the stone, it would likewise be permissible.)

j5.5 At the Kaaba's door (diagram: 2) one says, "O Allah, verily this house is Your house, the sanctuary Your sanctuary, the safety Your safety, and this is the station of him who took refuge in You from fire" (N: i.e. the Station of Ibrahim (diagram: 3), though some hold the words mean "him who takes refuge," alluding to oneself).

j5.6 When one reaches the corner (diagram: 4) by the opening of the Hijr (n: a semicircular wall that stands apart from the Kaaba (diagram: 5)), one says, "O Allah, I take refuge in You from doubt, from ascribing partners to You, from discord, hypocrisy, evil traits, and from bad turns of fortune in money, spouse, and children."

j5.7 When even with the rainspout (N: called the Spout of Mercy (Mizab al-Rahma), at the top of the Kaaba (diagram: 6)), one says: "O Allah, shade me in Your shade on a day when there is no shade but Yours, Give me to drink from the cup of Your prophet Muhammad (Allah bless him and give him peace), a wholesome drink after which I will never thirst."

j5.8 Between the third corner (diagram:7) and the Yamani corner (diagram:8), one should say, "O Allah, make this a pious hajj, a rewarded effort, an accepted work, and a transaction that will never perish, O All-powerful and Oft forgiving one."

j5.9 When one reaches the Yamani corner, one does not kiss it, but touches it and then kisses one's hand.

j5.10 One does not kiss any of the Kaaba (O: meaning that it is not required, though if one kisses any of its parts, it is not offensive, but rather is good) except the Black Stone. Nor does one touch any of it except the Yamani corner, which is the one before the Black Stone.

j5.11 When one reaches the Black Stone, one has completed a single round (O: provided its conditions (def: j5.16) have been met).

j5.12 One goes around the Kaaba seven times (O: the seventh ending where one began, at the Black Stone. One's circumambulation is incomplete as long as even a span remains between oneself and the place even with the stone).

TROTTING FOR THE FIRST THREE ROUNDS

j5.13 It is sunna in the first three rounds of circumambulation to hasten one's gait (N: if one can do so without harming others) (O: taking close steps, without running) which is termed trotting (ramal) (O: and which is desirable for men only, not women).

Both trotting and baring the right shoulder (def:j5.3) are only called for in circumambulations that are followed by going between Safa and Marwa (def:j6). If one wishes to go between Safa and Marwa after one's arrive circumambulation, then one does the two sunnas (O: both trotting and baring the shoulder at this point, but when one later performs one's going-forth circumambulation (tawaf al-ifada, def: j9.10), one does not do these two sunnas because that circumambulation is not followed by going between Safa and Marwa (N: if one has already gone between them before)).

But if one wishes to go between Safa and Marwa after the going-forth circumambulation (O:which is superior), one postpones the two (O: sunnas of trotting and baring the shoulder) until then.

While trotting, one says, "O Allah, make this a pious hajj, a rewarded effort, and forgive my sins."

In the last four rounds of one's circumambulation, it is sunna to proceed at one's normal pace, while saying: "My Lord, forgive me, show me mercy, and pardon that which You know. Verily You are the All-powerful and the Most Generous. Our Lord, give us what is good in this world and the next, and keep us from the torment of hell." This supplication is particularly recommended in the odd-numbered rounds of the circumambulation (O: as they are superior. Reciting the Koran while circumambulating is better than making supplications that have not reached us through prophetic hadith, though supplications from hadith are superior to reciting the Koran during it).

j5.14 It is recommended to kiss the Black Stone in each round (O: and to place the forehead on it, each three times) and to touch the Yamani corner, particularly in the odd-numbered rounds.

If it is not possible to kiss the Black Stone because of crowds or because one fears to hurt people (O: or be hurt) by jostling, one may touch it with one's hand and then kiss the hand. If this is not possible, one may touch it with a stick (O: or the like, such as a scarf) and kiss the stick. If this too is impossible, then one points to it (O: or the Yamani corner) with the hand (O: and it is sunna to kiss one's hand).

j5.15 A noteworthy detail here is that there is a buttress at the base of the Kaaba that resembles a ledge and slide. It is part of the Kaaba, and when one kisses the stone, one's head is in the space above the buttress. So one is obliged to keep one's feet motionless until one finishes kissing the stone and straightens up, after which one continues circumambulating. (N: One may not move one's feet as part of the circumambulation while one's head is within the space above the buttress, as it nullifices that particular round because of the condition (dis: j5.16(j)) that circumambulation be done around the Kaaba, and not within its confines.) If, when leaning over to kiss the stone, one's feet move even a finger's width towards the Kaaba's door, and after this, one continues circumambulating, then that particular round does not count (O: nor do the others that come after it, if one limits oneself to just those seven, considering the spoiled one as a valid round. But if one adds an extra round (N: to make up for the invalid one), then one's circumambulation is valid).

It is more precautionary when one has straightened up from kissing the stone, to step back to the left towards the Yamani corner (j5.2 diagram: 8) enough to ensure that one is where one was before kissing the stone. (N: The same is true of touching the Yamani corner with one's hand.)

THE CONDITIONS OF A VALID CIRCUMAMBULATION

j5.16 The conditions of a valid circumambulation (O: of any kind, obligatory or nonobligatory) are:

1. that one's nakedness (def: f5.3) be clothed, because the round is invalid whenever any of one's nakedness shows, even a single hair of a woman's head (O: meaning that the particular round in which it showed is invalid, provided it was done intentionally. If it happened inadvertently and the woman immediately covered it (A immediately meaning after no more than the time required to say "Subhan Allah"), then it does not invalidate that round, though if she does not cover it until after it is showing, the subsequent round takes the place of the above-mentioned invalid one);
2. ritual purity (O: from minor (hadath) and major (janaba) impurity) (n: though for Hanafis, touching a marriageable member of the opposite sex (N: despite being unlawful) does not nullify one's ablution (Maraqi al-falqh sharh Nural-idah (y126), 17), and considering the difficulty of avoiding it at a contemporary hajj, taking the dispensation seems a virtual necessity);
3. to be free from impure substances (najasa) on one's person, clothing, and the place of walking while circumambulating;
4. that it take place within al-Masjid al-Haram;
5. that one's circumambulation comprise seven full rounds;
6. that it begin from the Black Stone, as described above, and that one pass by all of the stone with all of one's body, for ifone begins from another part of the Kaaba, then the round does not count until one reaches the stone, from whence it begins;
7. hat one keep the Kaaba on one's left and move towards the door (j5.2 diagram: 1-2);
8. that each round be outside of the Hijr (diagram: 5) such that one does not enter the opening between the Hijr and the Kaaba and then exit though the other opening;
9. and that all of the body of the person circumambulating be exterior to all parts of the Kaaba, such that while walking around it, one does not put one's hand in the space above the buttress previously mentioned (j5.15), which violates the condition of being wholly outside all of the Kaaba while making one's rounds.

j5.17 Everything besides the above conditions is sunna (N: not obligatory), such as trotting in the first three rounds, the various supplications, and the other things previously mentioned.

TWO RAK'AS AFTER CIRCUMAMBULATION

j5.18 When one has finished circumambulating, and after putting one's mantle over both shoulders, it is recommended to pray two rak'as for the sunna of circumambulation (O: and it is best to perform them) behind the Station of Ibrahim (j5.2 diagram: 3), In the first rak'a, one recites al-Kafirun (Koran 109), and in the second, al-Ikhals (Koran 112).

After this, one supplicates Allah from behind the station (O: if one prays there. Otherwise, one may perform the two rak'as (N: in order of superiority) in the Hijr (diagram: 5) , al-Masjid al-Haram, the Sacred Precint, or whenever and whereever one wishes to pray them, and they remain a current performance until the day one dies. It is sunna to recite the suras aloud in these two rak'as if performed at night, and to recite them to oneself if performed during the day. It is desirable to make the supplication related by Jabir, who said that the Prophet (Allah bless him and give him peace) prayed two rak'as behind the station (N: of Ibrahim) and then said:

"O Allah, this is Your city, and al-Masjid al-Haram, and Your inviolable house, and I am Your slave, the son of Your slave and bondwoman. It have come to You with many sins, mistakes, and wicked acts, and this is the station of him who took refuge in You from the fire; so forgive me, verily You are the All-forgiving and Compassionate. O Allah, You have called Your servants to Your inviolable house, and I have come, asking for Your mercy and seeking what pleases You, and You are the Rewarder, so forgive me and have mercy on me, verily You have power over everything").

Then one returns to the Black Stone and touches it (O: kisses it, and bows one's head upon it).

j6.0 GOING BETWEEN SAFA AND MARWA (SA'Y)

j6.1 Then it is recommended to exit through the Safa door of al-Masjid al-Haram if one wishes to go between Safa and Marwa immediately. (O: It is necessary for the validity of going between Safa and Marwa (N: for hajj) prior to the Day of 'Arafa that one do so after one's arrival cicumambulation (tawaf al-qudum) (N: though one may not do so on an 'umra first (tamattu') hajj, for which the initial circumambulation and going between Safa and Marwa are part of one's 'umra (dis: j12.2(c))), nor do so after a supererogatory or farewell circumambulation.) One may postpone it until after the going-forth circumambulation (tawaf al-ifada, def: j9.10) (O: which is superior).

HOW TO GO BETWEEN SAFA AND MARWA

j6.2 One begins from Safa. It is recommended:

1. for men (O: not women) to climb upon Safa the height of a person, so that one can see the Kaaba through the mosque's door, and to face the Kaaba;
2. to say: "La ilaha illa Llah, Allahu akbar," and "There is no god but Allah alone, without partner. His is the dominion, His the praise, He gives life and causes to die, all good is in His hand, and He has power over everything. There is no god but Allah alone, without partner. He kept His promise, give His slave the victory, and routed the Confederates alone. There is no god but Allah. We worship none but Him making our religion sincerely for Him, though unbelievers be averse";
3. to supplicate for whatever one wishes (O: which is called for here because it is one of the places where prayers are answered. 'Umar (Allah be well pleased with him) used to supplicate lengthily here);
4. and to repeat (2) and (3) a second and third time.

j6.3 Then one descends from Safa and walks (O: towards Marwa) at one's normal pace until within three meters of the first green marker suspended from the left wall. Here one runs (N: women walk) until midway to the second green marker, at which midpoint one resumes one's usual pace until one reaches Marwa. One claims Marwa and says the same invocation as was said at Safa. This is once.

Then one descends from Marwa and returns, walking and running at the proper places, until one reaches Safa. This is twice.

At Safa one says the same invocation and supplication, and then goes back to Marwa, which is three times.

One repeats the process until one has completed seven times, finishing at Marwa.

THE OBLIGATORY ELEMENTS OF GOING BETWEEN SAFA AND MARWA

j6.4 The obligatory elements (O: i.e. conditions for the validity) of going between Safa and Marwa are four:

1. to begin at Safa. If one begins at Marwa and walks to Safa, this does not count and one's going between them is not considered to have begun until one reaches Safa;
2. to traverse the entire distance. It would be invalid if one neglected even a single span or less of the distance. One must begin by putting one's heel against the wall at Safa, and finish at Marwa by putting the toes against the wall there (N: the course has now been enlarged and paved so that one's going between them is complete without having to reach the walls that are currently there. Rather, between the two sides of the paved track (n: the lanes for going and coming) there is a smaller track for wheelchair patients, and the ends of this smaller track currently represent the minimal distance);
3. to complete seven times: from Safa to Marwa equals one, from Marwa to Safa is another one, and so on, as mentinoed above. If doubts arise while going between them as to how many times it has been-or while circumambulating the Kaaba, how many rounds have been done-then one assumes one has done the least number one is sure of and completes the rest (O: though if the doubts arise after finishing, one need not do anything);
4. and that going bewteen Safa and Marwa take place after the going-forth circumambulation (tawaf al-ifada, def: j9.10) or else after one's arrival circumambulation, provided that standing at 'Arafa does not intervene between the arrival circumambulation and going between Safa and Marwa (dis: j6.1).

THE SUNNAS OF GOING BETWEEN SAFA AND MARWA

j6.5 The sunnas of going between Safa and Marwa are those previously mentioned (j6.2-3), to have ablution (wudu), that one's nakedness (def: f5.3) be clothed, and to say while between Safa and Marwa: "My Lord, forgive, show mercy, and overlook that which Your know. Virify Your are the Most Powerful and Generous. O Allah, our Lord, give us what is good in this world and the next, and protect us from the torment of hell."

If one recites the Koran (A: while going between them) it is better (O: than anything besides the invocations that have reached us in hadith (A: i.e. the above), which are better here than reciting the Koran).

j6.6 It is not recommended to repeat going between Safa and Marwa.

j7.0 THE WAY TO 'ARFA

j7.1 On 7 Dhul Hijja it is recommended for the imam (A: i.e. the caliph or his representative) to give a sermon after the noon prayer (zuhr) in Mecca (O: at the Kaaba), instructing the pilgrims about the rites they will soon perform, and ordering them to go forth on the following day (O: the morning of the eighth) to Mina.

j7.2 The imam goes forth with them after the dawn prayer (subh) on 8 Dhul Hijja.

He prays the noon, midafternoon, sunset, and nightfall prayers with them at Mina, and they spend the night and pray the following dawn prayer there. When the sun rises over the mountain at Mina that is called Thabir, they proceed to 'Arafa.

Spending the night and staying at Mina during this time are a sunna (O: and not part of the hajj rites. If one does not spend the night at Mina at all, or go there , it does not entail any consequences) that many people no longer do, but come to 'Arafa at the end of the night with lighted candles. The lighting of candles is a disgraceful innovation (O: as is their coming there a day or two before of Dhul Hijja, a mistake that contravenes the sunna, and through which they miss many other sunnas).

j7.3 It is sunna on the way to 'Arafa to say: "O Allah, to You I betake myself, seeking Your noble countenance. Forgive me my sins, make my hajj a pious one, show me mercy, and do not disappoint me"; and to do much of chanting "Labbayk," invocation (dhikr), supplication, and Blessings on the Prophet (Allah bless him and give him peace).

j7.4 When the pilgrims reach a place called Namira (N: the site of a large mosque) just before 'Arafa, they stop, and do not immediately enter 'Arafa. When the time for the noon prayer comes, it is sunna for the imam to give two sermons before the prayer, and then they pray, joining the noon and midafternoon prayers together. This too is a sunna that few follow.

j8.0 STANDING AT 'ARAFA

j8.1 Then they enter 'Arafa after the sunna bath (ghusl) for standing at 'Afra, chanting "LabbayK" in lowliness and humility.

THE SUNNAS OF STANDING TO 'ARAFA

j8.2 It is recommended to stand exposed to the sun (O: and not take shade beneath a tent, umberella, or other, unless there is an excuse such as harm from exposure) facing the direction of prayer (qibla) with one's heart fully attentive and not occupied with this-Worldly matters, and to do much of chanting "Labbayk," reciting the Blessings on the Prophet (Allah bless him and give him peace), asking Allah's forgiveness, supplicating, and weeping, for here tears are shed and mistakes annulled.

The greater part of one's words would be: "There is no god but Allah alone, without partner. His is the dominion, His the praise, and He has power over everything." And one should pray for one's family, friends, and all Muslims.

j8.3 It is recommended to stand (O: if possible without hurting anyone) by the large round boulders that lie at base of the hill called Jabal al-Rahma (lit... "Mount of Mercy"). As for climbing Jabal al-Rahma, which lies in the middle of 'Arafa, there is no merit in doing so (O: above the merit of standing in other parts of 'Arafa). Standing is valid any where in the whole expansive plain, and this bluff is merely a part of it, the same as any other, though standing by the boulders below is better (A: as the Prophet (Allah bless him and give him peace) did so).

It is better to be mounted, and not fasting. It is best for women to sit at the edge of the crowd (O: not in the middle of if, because men should not randomly mix with women).

THE OBLIGATORY ELEMENTS OF STANDING AT 'ARAFA

j8.4 The obligatory elements of standing at 'Arafa are:

1. to be present (O: while in ihram) in some portion of 'Arafa;
2. while sane and in full possession of one's faculties;
3. at some point between the noon prayer (zuhr) on 9 Dhul Hijja and dawn of the following day. (O: It is sunna to remain at 'Arafa until sunset so as to include both night and day.) Anyone who is present and sane during any of this time, even if merely passing though for a moment, has accomplished the hajj (O: as the Prophet (Allah bless him and give him peace) said,

   "The pilgrimage is 'Arafa,"

   meaning that most of it is 'Arafa). Someone who misses standing at 'Arafa or who spends it unconscious has missed the hajj and he releases himself from ihram by performing the rites of 'umra; that is, by circumambulating , going between Safa and Marwa, and cutting his hair, and he is thus released from his ihram.

Such a person is obliged to make up the hajj and to slaughter as do those who perform an'umra first (tamattu') hajj def: j12.6(I)).

j9.0 MUZDELIFA, MINA, AND THE GOING-FORTH CIRCUMAMBULATION

MUZDELIFA

j9.1 When the sun sets on 9 Dhul Hijja, those on hajj go forth to Muzdelifa, occupied with invocation (dhikr), chanting "Labbayk," proceeding with tranquility and dignity, not jostling or injuring others (though if the way is clear it is desirable to hurry), and they join the sunset and nightfall prayers in the time of the nightfall prayer ('isha) at Muzdelifa. (O: It is necessary to have made the intention to join the prayers while in the time of the sunset prayer.)

When they reach Muzdelifa, they stop, pray, and spend the night their (O: which is best, and optimal. If one cannot spend the night, then the obligation to be present to Muzdelifa can be met by coming there, even for a brief moment, during the second half of the night, for spending the night merely means to be present there during the second half of the night, not actually staying overnight, as opposed to spending the night at Mina (dis: j10.4), which must be for the greater part of the night. If someone misses spending the night at Muzdelifa in the above-mentioned sense, does not return there before dawn, and has no excuse (N: of those given below), then he is obliged to slaughter as one does for an 'umra first (tamattu') hajja (def:L j12.6(I)). But if he misses spending the night there for one of the same reasons which justify not spending the night at Mina (def: j10.10), then he is not obliged to slaughter. Other valid excuses for not spending the night at Muzdelifa include:

1. being occupied with standing at 'Arafa because of not having arrived there until after sunset, since it is more important than Muzdelifa;
2. or going forth from 'Arafa after the middle of the night to Mecca in order to perform the (A: obligatory) going-forth circumambulation (tawaf al-ifada), missing Muzdelifa because of being occupied with it, since it too is more important than Muzdelifa.

In either of these two cases, one does not have to slaughter (A: for having missed Muzdelifa)).

In the morning, the pilgrims pray the dawn prayer at the first of its time.

The also pick up seven pebbles not one stone broken into seven (O: which is offensive), to throw at the stoning site (Ar. jamra, the enclosed round space with a pillar in the middle of it) at Mina, and it is best that these be the size of a broadbean (N: i.e. about the size of a thumbprint).

STOPPING AT AL-MASH'AR AL-HARAM

j9.2 After the dawn prayer, it is sunna to stop by a hill at the last of Muzdelifa (O: in the direction of Mina) called al-Mash'ar al-Haram (lit. "the Sanctuary Landmark"), which it is recommended to climb if possible. (A: Others hold that al-Mash'ar al-Haram refers to all of Muzdelifa.) It is desirable to face the direction of prayer (qibla), to do much of chanting "Labbayk," supplication, and invocation (dhikr), and to say, "O Allah, as You have brought us to stand in it and shown us to it, so too, give us success in Your remembrance, as You have guided us. Forgive us, and show us the mercy You have promised us by saying (and Your word is the truth):

"'And when you move on from 'Arafa, remember Allah at al-Mash'ar al-Haram. Remember Him, for He has guided you though you were astray. And then go forth from where the people go forth, and seek Allah's forgiveness. Truely Allah is Oft-relenting and Most Compassionate' (Koran 2:198-99).

"Our Lord, give us what is good in this world and the next, and keep us from the torment of hell."

j9.3 When the day lightens considerably, the pilgrims proceed to Mina with gravity and tranquility before the sun rises.

RELEASE FROM IHRAM: THE INITIAL STONING AT MINA

j9.4 When the pilgrims, reach the valley of Muhassir near Mina, it is sunna to quicken their step for a distance of a stone's throw. Then they take the middle way which leads to (N: one of the three stoning sites called) Jamrat al-'Aqaba. They stone it as they are when they arrive (O: i.e. if mounted, they stone it mounted, and if on foot, they stone it on foot) with the seven stones picked up from Muzdelifa. These may be picked up from anywhere, not necessarily Muzdelifa, though it is offensive to take them from the stoning sites themselves, laterines (O: or other unclean places), or around mosques (O: which is not merely offensive but rather unlawful if they are taken from grounds included in the endowment (waqf, def: k30) for the mosque).

j9.5 When one begins to stone Jamrat al-'Aqaba, one ceases chanting "Labbayk," and does not resume it thereafter (O: as its time is over, which was the period, of ihram, and stoning Jamrat al-'Aqaba is the first step to release from ihram).

The (O: optimal way to stone Jamrat al-'Aqaba is to stand in the middle of the valley after the sun is up so that 'Arafa lies to the right, Mecca to the left, and the stoning-site before one, and to throw the pebbles, one by one (O: as throwing them two at a time or all at once counts as having thrown one pebble) with the right hand, saying "Allahu akbar" with each pebble, lifting the arms high enough when throwing (O: if male, though not if female) that the underarm shows, and to actually throw the pebbles (O: meaning hard enough to be considered throwing), not merely flick them off the thumb with the forefinger. (n: The minimal conditions for the validity of stoning are given at j10.8)

j9.6 When finished stoning (N: Jamrat al-'Aqaba), one slaughters a voluntary sacrifice animal (hady) driven to hajj or one due by reason of hajj (dis: j12.6); or other sacrifice animal (udhiya, def: j12).

RELEASE FROM IHRAM: CUTTING THE HAIR

j9.7 Then men have their entire head shaved, which is optimal, though one may confine oneself to (O: removing (A: by any means)) three hairs thereof (O: i.e. from the head, not something else such as the beard or mustache), or many merely shorten it, for which the optimal is to clip a little less than two centimeters from all the hair.

As for women, it is optimal for them to shorten their hair in the latter way (O: it being offensive for a woman to shave her head).

j9.8 While having one's hair cut it is best:

1. to face the direction of prayer (qibla);
2. to say "Allahu Akbar" (O: that is, "Allahu akbar, Allahu akbar, Allahu akbar, walillahil-hamd");
3. for the person shaving to start from the right;
4. and to bury the hair afterwards (O: a measure recommended for any parts separated from a living being).

j9.9 Cutting the hair is an integral without which the hajj remains unfinished (O: and which may not be compensated for by merely slaughtering), and a person remains in ihram until it is done. Someone without hair can simply pass a razor over his head (O: which is recommended, not obligatory, because it is a rite whose condition is the existence of a particular site, as it also the case with washing a hand (n: for ablution) when the hand has been amputated (A:i.e. it need not be done if the site does not exist).

After one's hair, has been cut, it is sunna to say, "O Allah, for each hair reckon for me a good deed, annul a bad one, and raise me a degree. Forgive me, those who shave their hair, those who shorten it, and all the Muslims").

RELEASE FROM IHRAM: THE GOING-FORTH CIRCUMAMBULATION (TAWAF AL-IFADA)

j9.10 On the same day (A: 10 Dhul Hijja) one enters Mecca and performs the going-forth circumambulation (tawaf al-ifada), which is an integral without which the hajj remains unfinished (O: the author's expression "without which the hajj remains unfinished" meaning that it may not be compensated for by merely slaughtering, though the time it may be performed is anytime thereafter, according to our school. The Hanafis hold it must be done by sunset on 12 Dhul Hijja, and if the sun sets and one has not performed it, this obliges one to slaughter), and one remains in ihram until one does it. Its obligatory features are as described above (dis: j5.16).

After it, one prays two rak'as (O: intending the sunna of circumambulation (def: j5.18)).

j9.11 Then, if one has already gone between Safa and Marwa after the arrival circumambulation (dis: j6.1), one does not repeat it, though it he has not yet done it, one must do so, since going between Safa and Marwa is also an integral without which the hajj is unfinished, and one remains in ihram (O: legally, regarding one's relations with women (dis: j9.13)) until it is performed.

RELEASE FROM IHRAM: GENERAL PROVISIONS

j9.12 The best order in which to perform:

1. stoning Jamrat al-'Aqaba;
2. cutting the hair;
3. and the going-forth circumambulation (tawaf al-ifada); is (1), (2) and (3) (O: and the sunna is to do all three on this day), though it is valid to do them in some other order.

The time for these three begins at the middle of the night (A: between sunset of 9 Dhul Hijja and dawn of the tenth) on 'Eid al-Adha (O: though it is best for the stoning to take place after sunrise). The (O: preferred) time for stoning Jamrat al-'Aqaba ends at the end of the day of the 'Eid (O: at sunset. As for the permissible time, it lasts until the end of the three days after the 'Eid. The best time to stone on 'Eid al-Adha finishes at noon. Thus, the stoning has three times: the best, the preferred, and the merely permissible), while the time for cutting one's hair and the going-forth circumambulation lasts indefinately, even if years.

j9.13 The release from ihram in hajj is in two stages, partial (lit. "first") and full ("second").

Partial release from ihram occurs when any two of the three rites of stoning, cutting the hair, and the going-forth circumambulation are performed, whether cutting the hair and stoning, cutting the hair and circumambulation, or stoning and circumambulation. Doing any two of them accomplishes partial release from ihram, rendering permissible all the things that were made unlawful by ihram (def: j3.5) except those relating to women, such as sexual intercourse, getting married, or touching with desire.

Full release from ihram occurs when all three rites have been performed, and it renders permissible everything made unlawful by ihram (O: though one still has to stone at the three stoning sites and stay overnight at Mina during the days following the 'Eid (Ayam al-Tashriq)).

j10.0 ENCAMPMENT AND STONING AT MINA ON THE DAYS AFTER 'EID

j10.1 When finished with the going-forth circumambulation (tawaf al-ifada) and going between Safa and Marwa (O: i.e. doing the latter if one had not previously performed it after the arrival circumambulation (dis: j6.1)), one is obliged to return to Mina (O: to stay overnight there and stone on the days following the 'Eid (Ayam al-Tashriq). It is desirable to arrive before noon to perform the noon prayer there as the Prophet did (Allah bless him and give him peace)), and one spends the night there.

One picks up twenty-one pebbles from Mina on the days after the 'Eid (the first of which is the second day of the 'Eid), taking care to shun the three places mentioned above (dis:j9.4 (end)).

j10.2 After the time for the noon prayer has come (O: on 11 Dhul Hijja, the first day after the 'Eid) one stones with the pebbles before performing the noon prayer.

(N: It is well to mention some ruling about stoning that enable one to avoid the crowding at Mina on a contemporary hajj. The time for stoning on each of the three days that follow the 'Eid (Ayam al- Tashriq) begins at noon of that day and all of one's stoning until the afternoon of the third day, having remained to Mina until then. But in such a case, the correct order is still Obligatory: one must begin by stoning with the intention of performing it for the first day, standing at the first the third (Jamrat al- 'Kubra). then the second site (Jamrat al-Wusta),and then the third (Jamrat al-Aqaba) Then one stones with the intention of performing it for the second day, the first stoning site first, then the second, then the third. And then one stones for the third day, observing the same order.)

THE PROPER SEQUENCE FOR STONING

j10.3 The first site one stones (O: called Jamrat al-Kubra) is the one closest to al-Khayf mosque. One (A: optimally) walks up to it, keeping it on one's left and facing the direction of prayer (qibla), stones it pebble by pebble as mentioned above (j9.5), and turns from the direction of prayer to avoid others' pebbles, after which one puts the stoning site behind one and again turns to the direction of prayer, to supplicate and invoke Allah humbly and imploringly for as much time as it takes to recite al-Baqara (Koran 2) (N: about an hour).

One then proceeds to the second site (O: called Jamrat al-Wusta), repeats the stoning procedure, and when finished, supplicates (O: and invokes Allah Most High) for as long as it takes to recite al-Baqara.

Then one goes to the third site, which is Jamrat al- `Aqaba that was previously stoned with seven pebbles on `Eid al-Adha, and stones it as one did at that time (dis: j9.5), facing it with the direction of prayer (qibla) to the left, though when finished, one does not stand there.

THE SECOND DAY AFTER THE `EID

j10.4 One is obliged to spend the night at Mina (A: that evening, after sunset on 11 Dhul Hijja).

The following day, the second day after the `Eid (A: i.e. 12 Dhul Hijja), one picks up twenty-one pebbles, and after the noon prayer's time has come, one stones the three stoning sites as described above, seven pebbles at each site. It is not permissible to stone for each of the days after the `Eid until after the noon prayer's time arrives.

The correct sequence of stoning the sites is obligatory: the one closest to al-Khayf mosque first, the middle one second, and Jamrat al-`Aqaba third.

j10.5 It is recommended to take a bath (ghusl) each day for stoning.

THE PERMISSIBILITY OF LEAVING MINA ON THE SECOND DAY

j10.6 After stoning on the second day after the `Eid, it is recommended for the imam to give a sermon informing people about the permissibility of leaving early (A: on the second day rather than the third) (O: which is permissible provided:

1. that one's departure takes place after the noon prayer's time has come;
2. after having stoned the three stoning sites;
3. that one 's departure is from Mina itself, as it is not permissible to leave directly from Jamrat al-`Aqaba, in view of the position that it is not part of Mina;
4. that one intends leaving while within the boundaries of Mina;
5. and that one leaves before sunset).

Then the imam bids them farewell.

j10.7 One then has a choice between leaving early on the second day after the `Eid, or waiting (A: until having stoned on the third day). If one wishes to leave early, one may do so, provided the departure from Mina occurs before sunset. If the sun sets and one is still at Mina, it is not permissible to leave early, and one is obliged to spend the night there and stone the sites the next day.

If one does not wish to leave early, one stays overnight at Mina, picking up twenty-one pebbles and stoning the sites on the following day after the time of the noon prayer has begun, as previously mentioned.

CONDITIONS FOR THE VALIDITY OF STONING

j10.8 (O: Having mentioned the conditions for stoning in various rulings above, it is well enumerate all seven together:

1. that seven pebbles be used;
2. that they be thrown one by one;
3. that one's action may be termed throwing, not merely putting the pebbles into the throwing place;
4. that what is thrown be some form of stone;
5. that it be done with the hand, as a bow or foot would be inadequate;
6. that one aim at the throwing place;
7. that one be certain that the pebble reaches it, even if it falls out again, for if one doubts that the stone reached it, then that stone does not count;

   (the above seven conditions hold for both `Eid al-Adha (dis: j9.5) and for the days following the `Eid, though the days following the `Eid require two additional conditions:)
    

8. that the stoning be done after the time for the noon prayer arrives;
9. and that one stone the three sites in the proper sequence (dis: j10.3).)

j10.9 Then one (O: who has (n: remained at Mina and) stoned on the third day after the `Eid) leaves (O: after stoning. None of the conditions for leaving early (def: j10.6) are necessary to leave at this point).

VALID EXCUSES FOR NOT SPENDING THE NIGHT AT MINA

j10.10 (O: If there is an acceptable excuse for not spending the night at Mina, then not doing so does not entail any consequences. Excuses include:

1. having property one fears to lose were one to stay overnight;
2. fearing for one's person or the funds with one;
3. having a sick person with one who requires care;
4. having an illness that makes spending the night a hardship;
5. or a similar excuse.

People in such circumstances do not have to spend the night, and may leave on the second day after the `Eid, even after sunset.

These excuses, which permit one to not spend the night at Mina, likewise permit not spending the night at Muzdelifa, in connection with which some other excuses have been previously mentioned (dis: j9.1(1-2)).)

j10.11 It is recommended (N: after leaving Mina) to spend the night at al-Muhassab, which is by the mountain near the cemetery of Mecca, one's hajj now being finished.

j11.0 THE FAREWELL CIRCUMAMBULATION AND FINAL MEASURES

j11.1 If one wishes to perform the `umra, one may do so (O: i.e. enter ihram for it) from any point outside of the Sacred Precinct (Haram), as mentioned below in the description of `umra (def: j12).

THE FAREWELL CIRCUMBULATION

j11.2 When one wants to return home, one comes to Mecca and performs the farewell circumambulation (tawaf al-wada`) (O: as is obligatory. It is disobedience to Allah to leave without the farewell circumambulation, and one must return to Mecca to perform it if still within 81 km./ 50mi. of it. If farther than this, one is not obliged to return, but must slaughter (def: j12.6(I) (N: i.e. if one goes by the position that the farewell circumambulation is obligatory, though slaughtering is sunna if one goes by the position (A: the weaker position in the Shafi`i school) that the farewell circumambulation is merely sunna). The integrals and conditions of the farewell circumambulation are the same as the obligatory circumambulation (def: j5.16).

The farewell circumambulation is not only for those performing hajj or `umra, but is required from (A: i.e. obligatory for) anyone leaving Mecca a considerable distance, no matter whether intending to return or not).

j11.3 After the farewell circumambulation, one prays two rak`as (O: a sunna in our school) and stands at the place between the Black Stone and the door of the Kaaba, and supplicates: "O Allah, the house is Your house, the servant Your servant and son of Your two servants. You have carried me on a creature You have made submissive to me, bringing me to Your city and showing me Your grace that I might fulfill Your rites. If You are pleased with me then be the more so, and if not, then bless me now before my residence and the place where I am visited grow far from Your house. Now is the time I depart if You permit me, who seek none but You and no other than Your house, and am not averse to You or Your house. O Allah, give me good health in body and protect me in my religion. Make my affairs turn out well and give me the sustenance of obedience to You as long as You let me live. Give me the best of this world and the next, for truly, You have power over everything. "One blesses the Prophet (Allah bless him and give him peace), and then walks away normally (O: turning one's back on the Kaaba) without backing away from it (O: while facing it, as many people do, which is offensive because it is a reprehensible innovation (bid'a, def: w29.3)).

j11.4 One then immediately prepares for departure. If one stops to stand (O: lengthily), or becomes involved in something unconnected with travel (O: like shopping, paying a debt, visiting a friend or sick person, and so forth), then one's farewell circumambulation is invalid (A: though such things do not nullify it in the Hanafi school) and it is obligatory to repeat it. But if one's activity concerns travelling, such as making one's baggage fast or buying travel provisions and the like (O: such as a rope with which to tie up one's baggage) then it is permissible.

j11.5 A woman in her monthly period may depart without a farewell circumambulation, and need not slaughter in expiation (O: though it is sunna for her to come to the door of the mosque and say the supplication mentioned above (j11.3)).

RECOMMENDED MEASURES FOR THOSE STAYING IN MECCA

j11.6 It is recommended to do much of:

1. performing `umra (O: the whole time one is in Mecca, especially in Ramadan);
2. looking at the Kaaba (O: as it is said that Allah Most High sends down one hundred and twenty mercies day and night upon the Noble House, sixty for those circumambulation, forty for those praying there, and twenty for those looking at it);
3. drinking the water of the Well of Zamzam for whatever intention one wishes, religious or this- Worldly (O: as the Prophet (Allah bless him and give him peace) said,

   "The water of Zamzam is for whatever it is drunk for."

   It is sunna to face the Kaaba while drinking, to breathe three times, and say "al-Hamdu lillah" and "Bismillah" each time one drinks), drinking one's fill of it;
    
4. and visiting the noble places of Mecca (O: which are many, such as the birthplace of the Prophet (Allah bless him and give him peace) and that of `Ali (Allah be well pleased with him).

j11.7 It is unlawful to take the slightest bit of the earth of the Sacred Precinct or its stones, or take cups or jugs made from the clay of the Sacred Precinct of Medina.

j12.0 THE OBLIGATORY FEATURES OF HAJJ AND `UMRA

A DESCRIPTION OF UMRA

j12.1 The `umra consists of entering ihram as one does for hajj (def:j3) (o: resembling the hajj in the Obligatoriness of the intention when one enters ihram, in the sunna of bathing (ghusl) for it, and in the necessity of divesting oneself of sewn clothing before or after the intention). If one is a Meccan (N: or a temporary resident (dis: j2.2)), one must go to (n: enter ihram from at least as far as) the nearest place outside of the Sacred Precinct. If one is from outside (O: meaning a stranger travelling towards Mecca), then one enters ihram at the ihram site (O: which one passes, meaning the hajj ihram sites (def: j2.1)), as previously mentioned. All of the things unlawful while in ihram for hajj (def: j3.5) are unlawful while in ihram for `umra.

Then one enters Mecca and performs the circumambulation (def: j5.16) of 'umra, though the arrival circumambulation (tawaf al-qudum) is not called for by Sacred Law (O: at all, since one is performing an Obligatory circumambulation).

One then goes between Safa and Marwa (j6), and finally shaves the head or shortens the hair (def: j9.7) (O: the former being preferable for men and the latter for women). When this has been done, one is released from the ihram of 'umra.

THE INTEGRALS OF HAJJ AND 'UMRA

j12.2 The integrals of 'umra are:

1. ihram (def: j3);
2. circumambulation (def: j5.16);
3. going between Safa and Marwa (def: j6.4);
4. shaving or shortening the hair (def:j9.7);

(O: and performing them in the order given which is a fifth Integral).

j12.3 The integrals of hajj are these four (n: (a), (b), (c), and (d) above) plus standing at 'Arafa (def: j8.4).

The hajj's other requisites (wajibat, dis: c2.1(A:)) are:

1. that one enter ihram at the proper site (def: j2.1-2);
2. stoning the stoning sites at Mina (def: j9.4,j10);
3. staying the nightt at Muzdelifa (def:j9.1) (N: another position is that this is sunna and not obligatory);
4. staying the nights following the 'Eid at Mina (def:j10.1,4,7);
5. and the farewell circumambulation (def:j11.2).

Everything besides the above is sunna.

THE NONPERFORMANCE OF AN OBLIGATORY FEATURE OF HAJJ OR 'UMRA

j12.4 Someone who does not perform an integral (N: of hajj or 'umra) remains in ihram until he performs it.

Someone who does not perform some other obligatory feature of them must slaughter in expiation (def:j12.6(I)) (O: if he does not return and perform it before its time is finished, as in such cases as:

1. returning to enter ihram at the proper site before one starts circumambulating (dis: j2.5), though if one returns after having begun circumambulating, it does not lift the obligation to slaughter;
2. not spending the night at Muzdelifa (j9.1), which necessitates slaughtering if one does not return before sunrise, though to do so after sunrise does not lift the obligation to slaughter;
3. or not spending most of the night at Mina, if one does not return to it before most of the time has passed, though if one does (n:return while most of it remains), then one need not slaugther.

And similarly for the other requisites). Someone who does not perform a sunna is not obliged to do anything.

BEING PREVENTED BY OTHERS FROM COMPLETING THE INTEGRALS OF HAJJ OR 'UMRA AFTER HAVING ENTERED IHRAM

j12.5 Someone prevented by an enemy (O: nonMuslim or Muslim) from entering Mecca (O: and fulfilling the integrals (A: of hajj or 'umra, including being barred from performing the obligatory circumambulation (tawaf al-ifada) or going between Safa and Marwa) when there is no alternative route, releases himself from ihram by intending release from it, shaving his head, and slaughtering a sacrifice animal at the place he has been prevented, if an animal is available. If not (O: such as when unable to find an animal at all, or finding one for more than the going price of similar animals at that place and time), one gives the animal's value in food (A: wheat) (O: as charity to the poor and those short of money is the Sacred Precint (N: or place one is prevented)); or if unable (O: to give food), one fasts a single day for each 0.51 liters of food (A: wheat) that would have been given had the latter been done (O: fasting the days wherever one wishes. When fasting is the only option possible, one is immediately released from ihram after shaving one's head with the intention of releasing oneself).

If such a hajj or 'umra was to have been supererogatory, one is not obliged to make it up.

A FULL SUMMARY OF THE EXPIATIONS CONNECTED WITH HAJJ AND 'UMRA

j12.6 (n: Muhammad 'Abdullah Jurdani distinguishes between four categories of expiations relating to hajj and 'umra.

1. (I) The first category consists of alternatives in a fixed precedence order and predetermined amount (dam tartib wa taqdir), meaning that one must either slaughter a shah (def: h2.5) meeting sacrifice specifications (def: j14.2), distributiing its meat to the poor and those short of money (def: h8.11) in the Sacred Precinct; or if unable to slaughter (N: from lack of money (def: j1.17(2)) while on the hajj, even if one has enough money back home), then one must fast three days during the hajj and seven more at home, making ten days. (N: If this expiation is for something that should have been performed after standing at 'Arafa (n: (4), (5), (6) or (9) below), the three days "during the hajj" may be fasted after one's release from ihram while still in Mecca, or if one fails to do so while three (A: as is obligatory), they become a makeup fast that must be performed before the other seven fasted at home (A: by an interval equal to the days of one's journey home).)

   There are nine things which necessitate this type of expiation:

   1. performing an 'umra first (tamattu') hajj (def: j1.15,17);
   2. performing hajj and 'umra simultaneously (qiran, def: j1.16,17);
   3. not standing at 'Arafa (def: j8.4);
   4. to miss stoning (def: j10.8) at the stoning sites of Mina on the three days after the 'Eid, the time for which ends at sunset on the third day (dis: j10.2 (N:)) if one does not leave early (def: j10.6);
   5. to miss all three nights at Mina after the 'Eid (def: j10.1,4,7), though if one only misses a single night, one distributes 0.51 liters of wheat to the poor of the Sacred Precinct, and if two nights, then double this amount;
   6. to miss spending the night at Muzdelifa (def: j9.1, second par.);
   7. not entering ihram at the proper site (dis: j2.5);
   8. breaking one's vow (def: j18.5);
   9. or not performing the farewell circumambulation (tawaf al-wada', def: j11.2).
2. The second category consists of expiations in which one is free to choose one of three predetermined alternatives (dam takhyir wa taqdir), namely: to slaughter and distribute a shah as described above (I); to fast three days, even if unconsecutive, wherever one wishes; or to give 1.015 liters of wheat to each of six of the poor or those short of money at the Sacred Precinct.

   There are eight things which necessitate this type of expiation:

   1. removal of three hairs (dis: j3.8) at one time and place, meaning that the interval between removing each is not considered long (dis: f4.5), and one has remained at the same place, though if their removal does not occur at a single time and place, one must pay 0.51 liters of wheat to the poor or fast one day for each hair, even if their number exceeds three;
   2. trimming three nails at one time and place, with the same rules and restrictions as just mentioned;
   3. men wearing sewn garments or covering their head (dis: j3.6), or women covering their faces (dis: j3.24);
   4. using oil (def: j3.7(1));
   5. using scent (j3.7);
   6. sexual foreplay (n: other than intercourse) (dis: j3.13);
   7. having sexual intercourse a second time after having spoiled one's hajj (dis: j3.14) by an initial sexual intercourse;
   8. or having sexual intercourse between partial and full release (def: j9.13) from ihram.
3. (The third category consists of expiations in a fixed precedence order of alternatives involving estimate-based substitutes (dam tartib wa ta'dil). It is necessitated by two things.
   1. The first is being prevented by another from completing all the integrals of the hajj or 'umra (def: j12.5), in which case one must release oneself from ihram by slaughtering and distributing a shah as described above (I); or if unable to slaughter, one estimates its value, buys food for that amount, and distributes it to the poor of the Sacred Precinct (N: or place one is prevented); or if unable to give food, one fasts one day for each 0.51 liters of wheat that would have been given if one had been able to.
   2. The second is having spoiled one's hajj or 'umra by sexual intercourse (def: j3.14), in which case one must slaughter a camel, or if unable to, one must perform the alternative one is capable of, of those mentioned at j3.15.
4. (IV) The fourth category involves choosing between alternatives consisting of estimate-based substitutes (dam takhyir wa ta'dil). It is necessitated by two things.
   1. The first is killing a game animal while in ihram, where if there is a domestic animal of similar value (lit. "like"), one has a choice between the alternatives mentioned at j3.22, though if there is not, then those mentioned at j3.23.
   2. The second is destroying a tree of the Sacred Precinct, where, if it is large in relation to other trees of its kind, one slaughters and distributes a cow, and if small, one slaughters a sheep. In either case,one has a choice between slaughtering it and distributing its meat to the poor of the Sacred Precinct, estimating its cost and buying wheat to distribute to the poor of the Sacred Precinct, or fasting a day for each 0.51 liters of wheat that would have been bought had the latter been done. (Mufid' awam al-Muslimin ma yajibu' alayhim min ahkam al-din (y67), 230-38))

(N: Throughout the above, whenever one is obliged to slaughter an animal, it is permissible to commission (wakala, def: k17) another person to do so by means of the written contracts readily available at a modern hajj, simply paying an amount of money and signing the agreement. They then slaughter for one is the early morning of the 'Eid and distribute the meat to deserving recipients. Secondly, giving food or wheat to the poor, whereever it is mentioned in connection with expiations, means giving them the type of food that is valid for the zakat of 'Eid al-Fitr (def: h7.6), and the remarks made in that section about the Hanafi school permitting other than wheat apply equally here.) (n: In the Hanafi school, slaughtering must take place in the Sacred Precinct, though one may distribute both the meat and other expiations anywhere (al-Lubab fi sharh al-Kitab (y88), 1.212, 1.224).)

j13.0 VISITING THE TOMB OF THE PROPHET (ALLAH BLESS HIM AND GIVE HIM PEACE)

j13.1 It is recommended when one has finished the hajj to visit the tomb of the Prophet (Allah bless him and give him peace) (n: in Medina). (O: One should enter his mosque with the right foot first, as in any mosque, and say the well-known supplication: "It the name of Allah, praise be to Allah. O Allah, bless our liegelord Muhammad, his folk and his Companions, and give them peace. O Allah, open unto me the gates of Your mercy.")

HOW TO VISIT THE PROPHET'S TOMB

j13.2 It is recommended to pray two rak'as to greet his mosque, and then approach the noble and honored tombe and stand at the head of it with one's back to the direction of prayer (qibla). One bows one's head and summons to mind reverent awe and humility, then greets the Prophet (Allah bless him and give him peace) and blesses him in a normal voice (O: saying: "Peace be upon you, O Messenger of Allah. Peace be upon you, O Prophet of Allah. Peace be upon you, O Chosen One of Allah. Peace be upon you, O Best of Allah's Creation. Peace be upon you, O Beloved of Allah"), after which one supplicates Allah for whatever one wishes. The one steps half a meter to the right to greet Abu Bakr, and again to the right to greet' Umar (Allah be well pleased with them). Then it is recommended to return to one's original place and do much of supplicating Allah, turning to Allah through the Prophet (tawassul, def: w40) (O: concerning one's aims and goals, since he is the greatest intermediary, in intercession and other things), and invoking blessings upon him (Allah bless him and give him peace), after which one supplicates beside the pulpit (minbar) and in the Rawda (N: which is the space designated by the white pillars between the chamber containing the noble tomb and the pulpit).

j13.3 It is unlawful to circumambulate the tomb.

It is offensive to nudge the wall around the tomb with one's back or front, to kiss it, or touch it (O: with one's hand. Proper conduct here is to stand back from it as one would if present during his life (Allah bless him and give him peace). This is what is right, and what scholars have said and are agreed upon. One should not be deceived by what some common people do in their ignorance of proper manners, for it is reprehensible innovation (bid'a, def: w29.3)).

One of the most disgraceful innovations is the entering of dates in the Rawda.

j13.4 It is recommended to visit al-Baqi' (O: the cementery of Medina. It is desirable to go to it every day, for buried their are the wives of the Prophet (Allah bless him and give him peace), some of his children, his father's brother 'Abbas, ur liegelord 'Uthman ibn 'Affan the successor of the Messenger of Allah (Allah bless him and give him peace), a number of his Companions (Sahaba), and Imam Malik, founder of the Maliki school of jurisprudence, the bliss and benefaction of Allah be upon them all).

j13.5 When one desires to travel, one bids farewell to the mosque by praying two rak'as, and to the noble tomb with a visit and supplication. And Allah knows best.

j14.0 SACRIFICES ON 'EID AL-ADHA

(O: Sacrifices are the livestock slaughtered in worship of Allah Most High between 'Eid al-Adha and the last of the three days that follow it. They are a general hospitality from Allah to believers (A: to whom the meat is distributed. It is unlawful to give any of it to non-Muslims).)

j14.1 'Eid al-Adha sacrifices are a confirmed sunna (def: c4.1) (N: which is considered Obligatory in the Hanafi school) (O: being sunna for those able to slaughter, though uncalled-for from the poor person who is unable).

It is recommended for someone who intends to sacrifice not to cut his hair or trim his nails on 10 Dhul Hijja until he slaughters (O: these being offensive until he does). The times for slaughtering begins when it is long enough after sunrise to have performed the 'Eid prayer (def: f19) with its two sermons (A: i.e. about forty minutes) (O: even if one does not attend it) and it ends at (A: sunset on) the last of the three days following the 'Eid.

SACRIFICE ANIMAL SPECIFICATIONS

j14.2 Only camels, cattle, sheep, or goats may be slaughtered. At the youngest, camels must be over five full years, cattle and goats over two full years, and sheep over one full year.

A single camel or cow fulfills the sunna for seven (A: men and their families), though a shah (def: h2.5) only fulfills it for one. It is superior to slaughter a single shah than to have a share in slaughtering a camel.

The best animal to sacrifice is a camel, then a cow, then a sheep, and then a goat. The best kind of shah (h2.5) to slaughter is white, then tawnycolored, then black and white, and then a black one.

It is a necessary condition that a sacrifice animal be free of defects that diminish (A: the quality of) its meat. It is invalid to slaughter:

1. a lame animal (O: that has an obvious walking problem that hinders its going to pasture and thus weakness it);
2. a blind or one-eyed animal (O: whose defect is manifest, as this diminishes its ability to graze);
3. a sick animal (O: whose infirmity is plain);

   (though if these defects are slight, the animal will suffice. It is likewise invalid to sacrifice an animal that is:)
    

4. deranged by malnutrition or insane:
5. mangy or scabrous (O: even when it is not obvious);
6. with an ear that has been cut off of a piece of its separated, even if not much (O: or one born without an ear);
7. or missing a considerable part of the haunch or similar meat-bearing portion (O: though not if it is a slight amount).

It is permissible to sacrifice an animal with a slit in its ear (O: a measure for identification that does not diminish the meat) or open with part or all of a horn broken off.

HAVING ANOTHER SLAUGHTER FOR ONE

j14.3 It is best to slaughter (def:j17.4) the animal oneself (O: if one can slaughter well. If not, then it is obligatory to have someone who can slaughter properly do it for one). If unable to slaughter well, it is recommended to be present when it is done.

THE INTENTION

j14.4 The intention to sacrifice must be made at the time of slaughtering. (O: It suffices the person who is having another slaughter for him to make the intention when he authorizes the other to do so.)

DISTRIBUTING THE MEAT

j14.5 It is recommended that a third of the animal sacrificed be eaten, a third be given away (O: even f to wealthy Muslims, and a third be given as charity (O: raw, not cooked).

It is obligatory to give away some of the (O: raw) meat as charity, even if it is not much (O: it suffices to give it to one Muslim), and the hide is given in charity or used at home.

It is not permissible to sell the hide or meat (O: all of the above applying to sunna or voluntary sacrifices). It is not permissible for a person who has vowed (def:j18) a sacrifice to eat any of the animal slaughtered.

j15.0 SACRIFICE FOR A NEWBORN ('AQIQA) AND NAME GIVING

(O: Lexically, 'aqiqa means the hair on a baby's head at birth. In Sacred Law, it means the animal sacrificed when the baby's hair is cut, which is a confirmed sunna (def: c4.1).)

SUNNAS AFTER BIRTH

j15.1 It is recommended for anyone to whom a child is born to shave its hair on the seventh day thereafter (O: meaning any newborn, whether male or female; a baby girl should also have her hair shaved) and give away in charity gold or silver equal to the weight of the hair.

It is also recommended (N: when the baby is first born) to give the call to prayer (adhan, def: f3.6) in its right ear and the call to commence (iqama) in its left.

THE SACRIFICE

j15.2 If the baby is male, it is recommended to slaughter two shahs (def:h2.5) that meet 'Eid Sacrifice specifications (def:j14.2), while if the baby is female, it is recommended to slaughter one.

(O: The person called-upon to slaughter for a newborn is the one obliged to support the child (dis: m12.1).)

After slaughtering, the shah is cooked (O: as at any feast) in sweet sauce, but none of its bones are broken (A: it is cut at the joints), and it is recommended to distribute the meat to the poor.

NAME-GIVING

j15.3 It is sunna to give the child a good name such as Muhammad or 'Abd al-Rahman. (O: It is desirable to name a child even if it dies before being named.) (A: It is sunna for a new Muslim to take a good name like the above, or one of the names of the prophets (def:u3.5) (Allah bless them and give them peace).)

j16.0 FOODS

(O: This section is an explanation of what is lawful (halal) and unlawful (haram), the knowledge of which is among the most important concerns of the religion, since knowing it is personally obligatory for every Muslim.)

AVOIDING DOUBTFUL FOODS

j16.1 (n: The following hadith and its commentary have been added here by the translator.)

Anas (Allah be well pleased with him) relates that the Prophet (Allah bless him and give him peace) found a date in his path, and said, "But for fear that it was charity, I would have eaten it." (Riyad al-salihin (Y107), 277)

(Muhammad ibn 'Allah Bakri:) The hadith shows that when a person doubts that something is permissible, he should not do it. The question arises, Is refraining from it in such a case obligatory or recommended?- to which our Imams explicitly reply that it is the latter, because a thing is initially assumed to be permissible and fundamentally not blameworthy, as long as some prior reason for considering it unlawful is not known about it that one doubts has been removed. For example, when one doubts that one of the conditions for valid slaughtering (def: j17.2-4) has been met, conditions which make (N: a particular piece of meat) lawful, the assumption is that it remains unlawful (N: since initially the animal was alive, a state in which it is unlawful to eat, while it only becomes lawful by a specific procedure, i.e. Islamic slaughtering), so that the meat does not become lawful except through certainty (A: that it has been slaughtered. The case of meats is exceptional in this, since most other foods are initially permissible, and one assumes they remain so unless one is certain something has occurred which has made them unlawful).

In cases of doubt, only likely possibilities are taken into consideration, since it appears probable (n: in the above hadith) that dates for charity were present at the time. As for remote possibilities, taking them into consideration only leads to a blameworthy extremism and departure from how the early Muslims were, for the Prophet (Allah bless him and give him peace) was given some cheese and a cloak (A: by members of a non-Muslim Arab tribe) and he ate the one and wore the other without considering whether they might have mixed the former with pork, or whether the wool came from a slaughtered or unslaughtered animal. Were one to take such possibilities into consideration, one would not find anything lawful on the face of the earth. This is why our colleagues say, "Complete certainty that something is lawful is only conceivable about rainwater falling from the sky into one's hand: (Dalil al- falihin li turuq Riyad al-salihin (y25), 5.37-38).

ANIMALS LAWFUL AND UNLAWFUL TO EAT

j16.2 It is permissible to eat the oryx, zebra, hyena, fox, rabbet, porcupine, daman (n: a Syrian rock badger), deer, ostrich, or horse.

j16.3 It is unlawful to eat:

1. (N: any form of pork products);
2. cats or disgusting small animals that creep or walk on the ground such as ants, flies, and the like (O: disgusting being used here to exclude inoffensive ones such as the jerboa, locust, and hedgehog, which are small creeping animals, but are recognized as wholesome, and are pure);
3. predatory animals that prey with fangs or tusks, such as the lion, lynx, leopard, wolf, bear, simians, and so forth (O: including the elephant and weasal);
4. those which hunt with talons, such as the falcon, hawok, kite, or crow, except for the barnyard crow, which may be eaten;
5. or the offspring of an animal permissible to eat and one not permissible to eat, such as a mule (O: which is a cross between one eaten, the horse, and one not eaten, the donkey).

j16.4 It is permissible to eat any aquatic game (sayd al-bahr) except frogs and crocodiles.

OTHER SUBSTANCES UNLAWFUL TO EAT

j16.5 It is unlawful to eat anything harmful, such as poison, glass, or earth. (A: If something has been proven harmful, it is unlawful to consume, while if suspected to be harmful, it is offensive to.) (n: w41 discusses cigarette smoking.)

j16.6 It is unlawful to eat anything impure (najasa, def: e14.1) (O: whether impure in itself, or because of being affected with something impure, as is the case with (N: befouled) milk, vinegar, or honey).

It is also unlawful to eat substances which are pure, but generally considered repulsive, such as saliva or sperm.

j16.7 If forced to eat from a unslaughtered dead animal (O: out of fear of losing one's life or fear of an illness growing worse), then one may eat enough (O: the necessary minimum) to avert destruction (O: meaning enough to keep life from ending. One may not eat to repletion from a dead animal unless one believes that confining oneself to the survival minimum entails dangerous consequences, in which case it is obligatory to take the edge off one's hunger). If circumstances force one to choose between a dead animal and some permissible food belonging to someone else (O: who is not present), one is obliged to eat of the dead animal.

j17.0 HUNTING AND SLAUGHTERING

j17.1 It is not permissible to eat any animal (O: that Muslims are permitted to eat) until it has been properly slaughtered, the only exceptions to which are fish (def: j16.4) and locusts, which are permissible to eat even when they die unslaughtered.

j17.2 It is unlawful to eat meat slaughtered by a Zoroastrian, someone who has left Islam (murtadd, def:o8), or an idol worshipper, (O: included with whom are those (zanadiqa) with corrupt convictions about tenets of faith that are well-known as essential parts of Islam (def: books u and v),) or a Christian of the desert Arab tribes (O: the upshort of which is that it is a necessary condition that the slaughterer be of a people whose women we are permitted to marry, whether Muslims, Jews, or Christians).

j17.3 It is permissible to slaughter with anything that has a cutting edge; but not a tooth, bone, or claw, whether human or otherwise, attached to the body or not.

j17.4 The necessary condition for slaughtering any animal which is within one's capacity to slaughter (O: domesticated or wild) is to cut both the windpipe and the gullet (O: windpipe meaning the channel of breath, and gullet meaning the channel of food and drink which lies beneath the windpipe.

It is not necessary for the validity of slaughtering to cut the carotid arteries, which are two blood vessels on the sides of the neck encompassing the windpipe.

If the slaughterer neglects to cut any part of either the windpipe or gullet and the animal dies, it is considered an unslaughtered dead animal, as is an animal with nothing but purely reflexive movement left when one finishes cutting a part of the windpipe or gullet previously missed. If the slaughterer cuts from the back of the neck until he severs the windpipe and gullet, it is a sin because of the excess pain caused (A: though it is valid as slaughtering. Chopping off heads of chickens with a hatchet is offensive, though the meat is lawful).

The slaughterer should cut swiftly and not take his time such that he has to cut two or more times. If he does, ad there is no life remaining in the animal on the second swipe, then the animal (A: has died unslaughtered and) is impermissible to eat. The determining factor is whether life remains in the animal when the knife is applied at the beginning of the last stroke (A: the one which successfully severs both the windpipe and gullet), no matter whether this is the second or third).

j17.5 It is recommended when slaughtering:

1. to turn the animal towards the direction of prayer (qibla);
2. to sharpen the knife;
3. to cut rapidly (O: even faster than is obligatory, such that it does not take two or more swipes, as mentioned above);
4. to mention Allah's name (O: for the spiritual grace therein, saying "Bismillah," as is sunna) (A:this is obligatory in the Hanafi school);
5. to bless the Prophet (Allah bless him and give him peace);
6. and to cut the large blood vessels (O: on either side of the neck).

j17.6 It is recommended to slaughter camels by thrusting the knife (O: into the hollow at the base of the neck (A: between the two collarbones) above the chest so that one severs them (A: the windpipe and gullet) in this concavity, since it is easier than cutting the throat, for it seeds the exit of the spirit from the body by bypassing the length of the neck, being the preferable way to slaughter any animal with a long neck, such as a duck, goose, ostrich, or giraffe), with the camel left standing, one foreleg bound up.

j17.7 It is recommended to slaughter other than camels (O: such as cattle, sheep, goats, or horses (A: by drawing the knife) across the throat at the top of neck) after laying them on their left side. (O: Slaughtering them this way is only called for to easily enable the slaughterer to hold the knife in his right hand and the animal head with is left. It is also sunna for the animal's legs to be bound, except the right hind leg, so the animal will not jerk during slaughtering and cause the slaughterer to miss his mark. The right hind leg is left free in order to pacify the animal by giving it something to move).

j17.8 It is a necessary condition that the slaughterer not raise his knife-hand while slaughtering (O: while drawing it across the neck). It if lefts it before completely severing both the windpipe and gullect,t and then returns to cut them, the animal is not lawful to eat.

HUNTING

j17.9 As for hunting, a game animal is lawful to eat whenever on hits it with an arrow (A: or according to the Maliki school, shoots it with a rifle or shotgun) or brings it down with a trained hunting animal (A: such as a falcon or dog) (O: but only if trained), and it dies before one can slaughter it (O: that is, provided that one did not reach it when there was any life let in it besides reflexive motion. If one reaches it while it is alive or any life remains, then one must properly slaughter it), provided that the hunter is not blind, is of a people whose slaughtered food Muslims may eat (def: j17.2), and provided that the animal does not die from being struck by the mere weighting of the arrow , but rather dies by its edge weighting that it hits the animal point-first, wounding it).

If the game was brought down by a trained hunting animal, it is a necessary condition that the animal ate nothing of the game.

If the game animal dies from being struck by the weight of the trained hunting animal (A: as in falconing), then the game is lawful to eat.

j17.10 A game animal is not lawful to eat if:

1. an arrow hits it and it then drips into water (O: because of the likelihood that it died from drawing (N: if that is probable) rather than from being short);
2. it is brought down on a peak which it then falls from (O: because of the likelihood that it died from the fall);
3. or if it disappears after having been wounded and is found dead (O: because it might have died for some other reason than being wounded (N: though if it is obvious that it dies from the wound, it is lawful to eat)).

j17.11 A camel or other (O: domestic animal such as a cow, sheep, goat, or horse) that strays and cannot be retrieved, or that falls into a well and cannot be gotten out may be made lawful to eat by shooting it (O: because of the impossibility of slaughtering it), no matter where one hits its body (N: provided one mortally wounds it).

And Allah knows best.

j18.0 VOWS (NADHAR)

(O: Lexically, the word vow means any promise. It is legally defined as making obligatory some act of worship that was not originally obligatory in Sacred Law, such as a supererogatary or fast, and like. There is a difference of opinion among scholars whether a vow in itself is an act of worship or whether it is offensive. The strongest position is that it is an act of worship when made to perform a pious act (A: since Allah Most High describes the pious as "fulfilling their vows" (Koran 76:7)), for it is an intimate discourse with Allah Most High; though it is offensive in the head of an argument.)

(A: The advantage of a vow is that one may obtain the reward of an obligatory act by fulfilling it. Its drawback is that unlike broken oaths, which may be expiated (dis: o20), there is no way to lift the vowed action: it remains obligatory unless one is physically unable (N: in which case one performs an alternative (n: e.g. giving food in place of fasting if there is one in Sacred Law). For this reason. many pious and learned Muslims avoid making vows.)

THE CONDITIONS FOR THE LEGAL VALIDITY OF A VOW

j18.1 A vow (O: to perform some pious act) is only valid:

1. if made by a Muslim who is legally responsible (mukallaf, def: c8.1);
2. when it concerns some act of worship (A: meaning, for the Shafi'is, any recommended act, though for the Hanafi school it can only be an act that is similar in kind to an obligatory form of worship (n: such as prayer, fasting, or hajj));
3. and is stated in words such as "I hereby owe Allah to perform such and such," or "I am hereby obliged to do such and such."

(O: A vow to do something that is merely permissible, such as standing, sitting, eating, or sleeping, is not legally valid because these are not acts of worship; the reason being the hadith related by Bukhari that the Prophet (Allah bless him and give him peace) passed a man standing in the sun without seeking shade, whom he inquired about and was told that it was Abu Isra'il, who had vowed to stand while fasting without sitting, taking shade, or speaking; to which he replied,

"Pass by him and have him sit in the shade and speak, but let him finish fasting."

By act of worship, our author means acts that are supererogatory and not obligatory, since an oath to undertake an obligatory act is invalid whether it involves performance of something, such as an obligatory prayer or fast, or nonperformance of something, such as vowing to abstain from wine or fornication and the like. Such vows are not valid to begin with, as Allah has made these obligatory and "obligating oneself to do them" is meaningless.

The obligatory acts which are not valid to vow are restricted to the personally obligatory. As for the communally obligatory (def: c3.2), a vow to do such an act obliges one to fulfill it, because it is an act of worship not originally obligatory in the law, meaning not initially called for from any particular person.)

GENERAL PROVISIONS REGARDING VOWS

j18.2 A valid vow to do an act of worship makes the act obligatory.

j18.3 One must fulfill a vow that one has made conditional upon the occurrence of some event, such as by saying, "If Allah heals my sick friend, I am obliged to do such and such" (O: of fasting, praying, or charity), which becomes obligatory if the sick person regains his heath.

j18.4 If someone makes a vow by way of argument and in anger, saying, for example, "If I speak to Zayd, I am obliged to do such and such," then if he speaks to Zayd, he has a choice between doing what he has vowed, or else paying the expiation form a broken oath (def: o20).

j18.5 If one vows to perform the hajj riding but instead does so on foot, or vows to perform it on foot but then does so riding, this accomplishes the vow, though one is obliged to slaughter (O: as one does for an 'umra first (tamattu') hajj (def: j12.6(I)).

(N: Because the vowed walking or riding has become one of the obligatory elements of one's hajj, the expiation for its nonperformance is as other unperformed obligatory acts of hajj, and if such a person lacks a shah (def: h2.5) or lacks the money for it, he may fast. As for a person who vows to do something unconnected with the hajj and finds he cannot fulfill it, he performs a valid alternative if one exists in Sacred Law (dis: j18.0 (A:)). If there is no valid alternative in Sacred Law, he remains responsible for performing the vowed act.)

(O: If one does not fulfill a vow because of being unable to or because of forgetfulness, it is not a sin, but one must slaughter, an obligation that incapacity or forgetfulness does not lift. To summarize, the sin (A: of not fulfilling one's vow) only exists when one is capable of fulfilling it, not when one is incapable, though someone who does not fulfill a vow because of incapacity must slaughter a shah meeting sacrifice specifications (def: j14.2).)

j18.6 If one vows to go to the Kaaba, Masjid alMedina, or al-Masjid al-Aqsa (n: in Jerusalem), then one is obliged to. If one vows to go to the Kaaba, then one must perform hajj or 'umra (O: because hajj and 'umra are what is fundamentally intended in Sacred Law by going to the Sacred Precinct, and the vow is interpreted according to this convention of the Law as a vow to perform either hajj or 'umra). If one vows to go to Masjid al-Medina or al-Masjid al-Aqsa, then one must either perform the prayer or else spend a period of spiritual retreat (i'tikaf, def:i3) in the mosque (O: i.e. one is entitled to choose between prayer or spiritual retreat).

If one vows to go to some other mosque, the vow does not oblige one to do so (dis: i3.4 (end)) (O: since travelling to other mosques is not an act of worship (N: that is, if intended for itself, though if one intends it in order to perform the prayer or (for spritual retreat there in, it is an act of worship)).

j18.7 If one vows to fast for the whole of a particular year, one does not have to make up days not fasted on the two 'Eids or the three days following 'Eid al-Adha (dis:i2.3), or the days fasted during Ramadan, or the days a woman misses during her monthly period or postnatal bleeding.

j18.8 Someone who vows to perform the prayer (A: but does not specify how much) must pray two rak'as.  

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