Manasik al-Hajj
Ayatullah ul-Uzma Khamenei
Chapter Two: Ihram
Obligations of Ihram
First: Niyyah (intention)
In which several things to be observed:
a- Purpose:
Which is the purpose to perform the particular nusk
(rite) whether Hajj or `Umrah, e.g. one who wants to perform `Umrat
al-tamattu` he should intend to do it at the time of ihram.
-
In purpose it is not necessary to know the detailed picture
of the nusk but it is enough to know it in general i.e. one
could purpose to do the obligations of it in general and then he
learns and does them step by step.
-
For the validity of ihram it is not necessary to intend not
to commit the prohibited acts of ihram. Moreover, determining to
do some of these acts would not harm the validity of it.
However, purposing to do some acts which would void the `Umrah
or the Hajj, like intercourse in some of its situations, does
not conform with the purpose of performing the nusk and even it
is against the purpose of ihram.
b- Approach and sincerity to Allah the Sublime,
because `Umrah and Hajj and all of their manasik are worship and purposing to
perform any of them should be accompanied with the purpose to
approach to Allah by such an act.
c- To specify ihram
is for `Umrah or Hajj; that the Hajj is Hajj
al-tamattu`, ifrad or qiran; that it is for himself or on behalf
of another; and that it is Hajjat al-Islam, Hajj al-nadhri or
Hajj al-nadbi (Hajj al-mustahabb).
-
It is not a condition for the niyyah to be pronounced
verbally or to keep it in mind, but it will be achieved by
determining to do the practice.
-
Niyyah must accompany ihram. So a previous niyyah will not
be valid unless it is continued till the time of ihram.
Second: Talbiyah
Its form is as such: "Labbaykallahumma labbayk, labbayka la sharika laka labbayk" (Here I am, O Allah. Here I am. You have no partners. Here I
am).
If one is satisfied with this, his ihram would be correct,
although it is based on ihtiyat al-mustahabb to say after these
mentioned four talbiyahs:
"Innal-hamda wan-ni`mata laka wal-mulk, la sharika laka labbayk" (Truly all praise, all favours and the kingdom belong to You.
You have no partner, Here I am).
And if more ihtiyat to be regarded, one could add:
"Labbaykallahumma labbayk, innal-hamda wan-ni`mata laka wal-mulk,
la sharika laka labbayk" (Here I am, O Allah. Here I am. Truly
all praise, all favours and the kingdom belong to You. You have
no partner, here I am).
-
What is wajib in talbiyah is to say it once only, although
it is mustahabb to repeat it as much as possible.
-
The wajib phrase of talbiyah should be pronounced correctly
according to the Arabic manner of pronunciation. Thus, reading
it with grammatical mistakes is invalid if one could pronounce
correctly, even by learning or dictation. If he could not learn
it due to time limitations, and he could not say it correctly by
dictation, he should pronounce it with any possible manner and
it is based on ihtiyat to combine between saying it with any
possible manner and translating it to one's own language,
although it is better to do istinabah for that.
-
The rule of one who neglects talbiyah purposely is just like
the mentioned rule if he neglects to do ihram from the Miqat
purposely. Thus, he is obliged to return back to Miqat and
repeat his ihram, and in case he could not do so, due to time
limits or other excuses and there is no other Miqat ahead, his
Hajj would be void and he would be obliged to repeat the Hajj
the next year if Hajj has been settled on him or he was a
mustati`. On the other hand if he forgot talbiyah and remembered
it after he had finished the manasik, between the two wuqufs or
at any place in which he could not repeat the Hajj, then, his
Hajj is correct. Apparently the ignorant is subject to the same
rule of one who forgot. It is based on ihtiyat al-mustahabb to
repeat Hajj the next year in both cases of ignorance and
forgetting.
-
The rule of one, who did not pronounce talbiyah correctly
and was not excused, is just like one who neglected talbiyah
purposely.
-
It is wajib to stop talbiyah of `Umrat al-tamattu` when the
old or new buildings of Mecca al-mukarramah appear. Also
talbiyah of Hajj must be stopped at the time of zawal (noon) of
the day of `arafah.
-
Ihram for Hajj al-tamattu` and its `Umrah, Hajj al-ifrad
and `Umrah al-mufradah would not be achieved but by talbiyah,
while in Hajj al-qiran ihram is achieved by either talbiyah,
ish`ar or taqlid. Ish`ar is specified for a camel while taqlid
includes a camel and other types of sacrifices.
-
Ish`ar is to puncture the side of the hump of the camel and
stain it with the blood to make it clear that it is the hady.
While taqlid is to hang a string or a sandal (a shoe) in the
neck of the animal to make it clear that it is the hady.
Third: Wearing
Wearing of the two pieces of cloth, the wrapper and the
dress, after one had put off all cloths which are prohibited for
muhrim to wear. He ties the first around his waist and puts the
second over his shoulders.
-
If one pronounced the talbiyah before wearing the cloths,
he is not obliged to repeat it after that, although it is based
on ihtiyat al-mustahabb to do so.
-
It is not a condition for the wrapper to cover the navel
and the knees, but it is sufficient to be in the conventional form.
-
It is not allowed to tie the wrapper around the neck but
there is no objection to attach it with a pin or likes or to tie
it end to end as long as it still be considered as a wrapper.
While there is no objection at all, to tie the dress as long as
it still be considered as a dress.
-
It is based on ihtiyat al-wajib to wear the two cloths with
the intention of approaching Allah the Sublime.
-
The two cloths should meet those conditions regarded in the
prayer cloths i.e. it is invalid to wear pure silk, cloth taken
from non-edible animals, usurped cloths, or cloths that are
impure (najis) with that kind of najasah which is not excused in
prayer.
-
It is a condition for the wrapper not to be transparent to
the extend that the skin could be seen through it, while this is
not a condition for the dress unless it will not be considered
really as a dress.
-
Wearing of the two cloths is specifically wajib for men,
while women are allowed to wear their usual cloths whether they
are sewn or not while observing the mentioned conditions of the
cloths for prayer.
-
It is a condition for women's cloths in ihram not to be
made of pure silk.
-
It is not a condition for the two cloths to be textiles,
i.e. it is valid to do ihram with leather, nylon or plastic as
long as they are really considered as cloths and they are
conventionally wearable. In addition there is no objection in
doing ihram with matted wool or hair.
-
If one purposely and consciously, did not take off his sewm
cloths during doing ihram, the validity of his ihram would not
be free of doubt.
-
It is not a condition for the correctness of ihram that the
person should be pure of the minor and the major hadath.
Prohibited acts during ihram
These things and practices are haram for the muhrim to do during
ihram:
1- Women: i.e. sexual intercourse, kissing, mutual caressing,
looking at them with passion and even any delight or enjoyment
with them.
2- Masturbation.
3- Using perfume.
4- Making a marriage contract (`aqd) for himself or for others.
5- Wearing sewn cloths, for men.
6- Applying black salve (kuhl) to the eyes.
7- Looking into a mirror.
8- Wearing footwear that covers the entire back of the foot for
men.
9- Fusuq which includes lying, insulting, boasting and
self-exaltation.
10- Dispute (jidal) which means saying "No, by Allah" and "yes,
by Allah" for an oath.
11- Adornment like wearing rings and using henna for such a
purpose.
12- Wearing jewelry for women.
13- Anointing the body with oils or ointments.
14- Removing body hair whether for oneself or for others, and
whether they are muhrim or not.
15- Covering the head for men.
16- Covering the face for women.
17- Shading the head while traveling during the day for men.
18- Causing blood to gush out from the body.
19- Clipping the nails.
20- Extracting teeth (according to a saying).
21- Hunting land animals.
22- Killing of those creatures that live on the body.
23- Uprooting trees or plants present inside the Haram.
24- Carrying weapons.
And here are some details:
1- Enjoyment of women:
whether by sexual intercourse, kissing,
playing at courtship, looking to them with passion and even any
delight or the enjoyment of them, in addition to enjoyment of
women with men.
-
If a person, during ihram of Hajj, had sexual intercourse
consciously and purposefully, then if it was after wuquf at
Mash`ar al-Haram and before tawaf al-nisa', his Hajj would not
be void and he should do the kaffarah.
-
If one mutually caressed his wife until he ejaculated, he
is obliged to slaughter a camel as a kaffarah.
-
If one kissed his wife with paasion, its kaffarah would be
a camel, while if without passion, a sheep.
-
Apparently it is not haram to kiss women other than ones
wife like a mother or daughter an there is no kaffarah for it.
2- Masturbation:
it is haram whether by ones hand or any other
means.
-
If one had masturbated inattentively or ignorantly until he
ejaculated, there is no kaffarah on him and he must ask Allah
for forgiveness, while if he did it consciously and
purposefully, its kaffarah would be a camel and if he could not
afford it, then a sheep.
-
If he masturbated during the ihram for Hajj, before wuquf
at Muzdalifah, until he ejaculated, he is obliged to complete
his Hajj and repeat it the next year, in addition to what had
been mentioned in the previous issue, and so is the case if he
masturbates with his wife, based on ihtiyat al-wajib.
3- Using perfumes:
-
It is based on ihtiyat al-wajib to avoid smelling anything
has a scent even if it is not conventionally considered as a
perfume, like flowers.
-
If one is compelled to eat or wear something with scent, he
is allowed to do so but it is based on ihtiyat not to smell it.
-
The obligation of kaffarah for using a perfume is not
known, although it is based on ihtiyat to slaughter a sheep as a
kaffarah.
-
If kaffarah is to be done after using perfume then it would
not be repeated upon repeat usage during the same time i.e. if
it is conventionally considered as a single usage; otherwise
kaffarah should be repeated upon repeated usage even if the
kaffarah is done between the two usages.
4- Making a marriage contract (`aqd):
-
It is prohibited for the muhrim to make a marriage
contract, whether permanent or temporary (mut`ah), whether for
himself or on behalf of another, and whether that person is
muhrim or not.
5- Wearing sewn cloths:
-
It is not permissible for the muhrim to wear a shirt,
amour, trousers, jacket or the like which are assembled by
sewing, as well as cloths with buttons. It is even not allowed
to wear what is considered as one of the mentioned cloths even
if it was not sewn, i.e. if they are assembled with wearing,
sticking or the like.
Cloths with buttons are those cloths which could not be worn
without buttons and wearing of which is prohibited even if they
do not have any collar (i.e. would not surround the neck) or
sleeves, although the prohibition is not due to the presence of
the buttons themselves but to their buttoning, i.e. buttons do
not have a specificity, more than that if there is something in
the cloths that would play the role of the buttons, it is also
haram. Also what is haram is wearing them i.e. there is no
objection in sitting on, or covering with them. However, it is
not permissible for a man to cover his head with it according to
what will follow.
-
It is not haram to wear sewn things other than cloths like
typical those belts or belts with purses, for keeping money, and
so is the case for those belts used in artificial hands or legs
and there is no kaffarah for them.
-
If one is compelled to wear prohibited clothing due to
cold, sickness or anything else, he is allowed to do so but it
is based on ihtiyat to do kaffarah after that.
-
The kaffarah for wearing sewn cloths is a sheep, which
should be repeated if the act is repeated.
6- Applying black salve (kuhl) to eyes:
It is haram to apply black salve to the eyes for adornment
purposes, while if one did not purposefully apply the adornment,
since the salve itself is conventionally considered as an
adornment, it is based on ihtiyat al-wajib to avoid it, and so
is the case with non-black salve if it is to be regarded as
adornment even if one did not intend it to be so.
-
There is no kaffarah for the application of salve.
-
The prohibition of the application of salve is not specific
for women, but for men as well.
7- Looking into a mirror:
It is haram to look into a mirror for purposes of adornment;
otherwise it is not haram such as when the driver looks into the
car mirror.
-
There is no difference in the prohibition of looking into
the mirror between men and women.
-
There is no kaffarah for looking into a mirror.
8- Wearing footwear that covers the entire back of the foot:
It is haram, for men only, to wear such things like slippers and
socks. If one is compelled to wear it, he should open it from
the front.
-
There is no kaffarah for wearing things that cover the
entire back of the foot.
9- Fusuq:
Fusuq is haram and it is not restricted to lying but includes
insulting and boasting even if it will not entail contempt or
detraction to others.
10- Dispute (jidal):
Dispute is haram, that is to say "No, by Allah" or ""Yes, by
Allah" for the purposes of making oaths.
-
It is haram for both muhrim man and woman to dispute.
-
It would not be considered as a dispute if one swore with
holy things other than Allah and His names.
-
Dispute is not restricted to false oaths, but even to true
ones.
-
It is allowed to swear by Allah the Sublime in "situations
other than confirming or disproving something like an oath of
adjuration, i.e. to say I adjure you by God to...."
-
Dispute is allowed when necessary, i.e. to confirm the
truth or to disprove the false.
11- Adornment:
It is haram to adorn oneself, i.e. wearing rings or using henna
for such a purpose and there is no difference in the prohibition
between men and women.
-
There is no kaffarah in the previously mentioned two cases.
-
It is based on ihtiyat al-wajib for both men and women not
to wear rings or use henna if these things are conventionally
considered as adornment, even if they do not have that purpose.
More than that it is not remote that it is wajib during ihram to
avoid anything that would be considered as adornment especially
with the intention of adorn with it. However, excluded from this
is wearing that which is recommended or wearing rings for
special purposes.
-
It is based on ihtiyat to avoid wearing eyeglasses for
adornment, unless it is for a medical purpose or to avoid sun
light.
12- Wearing jewelry:
It is haram for women to wear jewelry for adornment purposes and
it is based on ihtiyat al-wajib to avoid it if it is to be
considered as an adornment even without intending it. To be
excluded from this jewelry she used to wear before ihram.
However, it is haram to expose it to men even her husband.
-
There is no kaffarah in wearing jewelry for adornment,
jewelry although she would commit a haram act.
13- Anointing:
It is not permissible for the muhrim to anoint his body or hair
with oil for the purposes of adornment or to soften the skin.
-
There is no kaffarah in anointing unless it was with a
scent, in such a case it is based on ihtiyat to slaughter a
sheep as a kaffarah, although it is not remote that the kaffarah
is not wajib.
14- Removing body hair:
It is haram for the muhrim to remove hair from any part of his
or another's body even if the other was not muhrim and by
whatever method used i.e. shaving, plucking or by using other
methods. There is no difference whether the hair is dense,
scanty or even a single hair.
-
It is not a problem if the hair fell during wudu' if it was
not with the purpose of removing it.
-
If, outside wudu', one touches the hair of his scalp or
beard and one or two hairs fell down, then it is based on
ihtiyat al-mustahabb to give a handful of wheat, flour or the
like as a charity (sadaqah).
-
If the muhrim shaves his head consciously and deliberately,
the kaffarah for it would be a sheep.
15- Covering the head for men:
-
The handle of a water skin (bond) and head bandage (used in
headache) would be excluded from prohibited coverings.
-
It is permissible to cover one's head with his hand or
another part of his body.
-
The face is not considered as part of the head, thus one
can cover it while sleeping or so.
-
There is no objection in putting one's head on a pillow or
the like during sleep.
-
There is no objection in drying the head with a
handkerchief or the like unless it would cover the whole head.
-
The kaffarah for covering the whole head is, based on
ihtiyat, a sheep, while covering some of it would entail nothing
unless it would be considered, conventionally, as covering the
head e.g. if one put a small hat on the middle of his head.
-
It is based on ihtiyat to repeat the kaffarah after each
act of covering the whole head.
-
It is haram to immerse the entire head in water, while the
impermissibility of this act with regards to part of the head
has not been prescribed.
-
If one immerses the entire head in water, it is based on
ihtiyat to slaughter a sheep as a kaffarah.
16- Covering the face for women:
It is not permissible for muhrim women to cover their faces with
a veil, a hand fan or the like.
-
It is haram for women to cover the entire face. However,
there is no objection in covering part/s of it in such a way
that it would not apply correctly to the covering of the face
whether it was during prayer or other acts and whether this part
was the upper, lower or other parts .
-
It is permissible for a muhrim woman to let her head
covering hang down over her face, i.e. to let what is on her
head e.g. veil or likes, to hang down as far as the level of her
nose or even the lower frontal part of the neck to veil herself
from non-mahram men.
-
There is no objection in drying the face with a
handkerchief unless it will lead to covering of the entire face.
-
There is no kaffarah for covering the face.
17- Shading:
Shading is haram for men only, not for women and children.
-
Apparently, shading for the muhrim is specifically haram
during the day. So there is no objection to it during the night,
although it is based on ihtiyat to avoid it at night as well.
This ihtiyat not to be neglected, on rainy or cold nights if the
shading is to escape from rain or cold.
-
The prohibition of shading is specifically haram for the
head, i.e. it would not include the shoulders and other parts of
the body.
-
There is no difference in the prohibition whether the shade
is provided by a roofed car, train, plane, ship etc. However,
one can shade himself with his hand. It is based on ihtiyat al-mustahabb
to avoid being shaded with things that are not over the head
e.g. walking or sitting beside a car or a ship.
-
With respect to this prohibition there is no difference
between a walker or a rider.
-
The prohibition of shading is specific for situations where
one is traveling a distances. So if one stayed in a plane like
Mina, `Arafat or elsewhere, he can shade himself by a ceiling,
tent or an umbrella no matter whether he was standing still or
walking. Thus, it is allowed for those in Mina to go shaded with
umbrella to the slaughter - house or to the place of ramy of Al-Jamarat.
-
It is permissible for the muhrim to shade himself while
covering a distance if an excuse exists like hot weather, severe
cold, heavy rain or due to the absence of uncovered means of
transportation. Nevertheless kaffarah would not be neglected.
-
If while traveling, one stopped for a while to have rest,
visitation (reading ziyarah) or something else, he would be
allowed to shade himself.
-
It is allowed during travel to pass beneath a fixed roof or
shade like a bridge, a tree, a tunnel etc. Thus, one can pass
through tunnels while traveling from Mecca al-mukarramah to
`Arafat or Mina, even if there is another way without a tunnel.
-
It is allowed to shade oneself inside contemporary Mecca
for him who did ihram for Hajj in the Masjid al-Haram or did it
for `Umrah, unless he came out of it, because Mecca is like
other places for the muhrim that he could move about inside it
using a roofed car or shaded with an umbrella.
-
The kaffarah for shading is a sheep no matter whether one
was in a state of ihram for Hajj or for `Umrah, or whether he
was excused or not.
18- Causing blood to gush out from the body:
It is haram to cause blood to gush out from the body for both
men and women, even if it is done by scratching, using a miswak
(tooth-pick) or other methods.
-
It is not haram for one to cause the blood to gush from
other's body by extracting a tooth, cupping (hijamah) or
injecting with syringe.
-
There is no kaffarah for causing bleeding even if it was
not for a necessity or need, although slaughtering a sheep as a
kaffarah is better according to ihtiyat.
19- Clipping the nails:
It is haram to clip or cut the nails whether all or some of
them, whether on the hand or foot, and whether with a clipper or
by other means.
-
If one had cut all the finger nails and some of the toe
nails, he is obliged to slaughter a sheep as a kaffarah for
finger nails and to give one mudd of food (750 gm.) for each toe
nail, while if he did the reverse, then the reverse would be
correct.
20- Extracting teeth:
According to a saying, it is haram to extract a tooth without
bleeding, although it is more likely that it is not haram for a
muhrim and would not entail kaffarah. If one is compelled to
extract a tooth and bleeding happened, then it is based on
ihtiyat al-mustahabb to slaughter a sheep as a kaffarah.
Rules of kaffarahs
-
Kaffarahs should be paid to the needy persons.
-
The kaffarah for hunting is `Umrah must be slaughtered in
Mecca al-mukarramah, while in Hajj, it must be in Mina if one
was able to do that. More than that it is based on ihtiyat to do
so with the other kaffarahs. If one neglected the slaughtering
in Mecca or Mina and did it in his country or elsewhere, then it
would be valid.
-
The conditions applied to the animal for hady would not be
applied to that for kaffarah. However, belief is a condition for
the person doing the slaughtering, unless he is a representative
(wakeel) for the slaughtering process only, and the muhrim (the
person who appoints the representative) should himself have the
intention to slaughter the animal of kaffarah.
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