Manasik al-Hajj
Ayatullah ul-Uzma Khamenei
Chapter five: Hady
Chapter six: Taqsir or Halq
Chapter seven: Practices of Mecca al-mukarramah
Chapter eight: Mabit (passing the night) at Mina
Chapter nine: Ramy of the three jamarat
Hady is the 5th obligation of Hajj and the 2nd practice at Mina.
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It is wajib on the pilgrim in Hajj al-tamattu` to do hady
with one of the three types of animals i.e. camels, cattle, and
sheep, whether male or female, and the best are camels. It is
invalid to slaughter any animal other than these.
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Hady is a worship for which niyyah is a condition with the
same conditions mentioned in the niyyah for ihram.
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Conditions to be regarded in the animal to be slaughtered
as Hady are:
First: Age. For a camel it is a condition that it should have
entered the 6th year of age, while for a cow and goat the 3rd
year according to ihtiyat al-wajib. For sheep entering the 2nd
year is a condition according to ihtiyat al-wajib. It is invalid
to slaughter a younger animal, while an older one is alright.
Second: Being healthy and physically sound
Third: Should not be slim
Fourth: All body parts must be in fact and complete. A defective
animal, like a castrated one, is invalid, however, an animal
with traumatized tests is alright unless it has reached the
state of castration. Also it is invalid to slaughter an animal
with a cut tail, one eye lost, a limp, an amputated ear or a
broken internal part of horn. The rule is the same with those
with congenital defects. However, one with broken external horn
(the covering sheath over the internal horn) or with a torn or
pierced ear is alright.
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If one had slaughtered an animal thinking it was sound and
discovered later that it was diseased or defective, he is
obliged to slaughter another hady whenever he becomes able.
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It is based on ihtiyat to delay the hady after the ramy of
jamarat al-`Aqabah.
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It is based on ihtiyat al-wajib and under normal conditions
not to delay hady after the day of `Eid. One who delays it
deliberately, inattentively or ignorantly, whether due to an
excuse or not, based on ihtiyat al-wajib should slaughter it
during the days of tashriq, if possible otherwise, on any day of
the month of Dhu'l-Hijjah with no difference, apparently,
between the day and the night.
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The site of slaughtering is Mina. If one is prevented from
slaughtering there, he could do it at the present place prepared
for it.
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It is based on ihtiyat al-wajib that the man doing the
slaughter is a believer (mu'min). However, it is not remote that
belief is not a condition if one would do the niyyah the wajib
practice by himself and appoint a na'ib as a representative (wakil)
for slaughtering only.
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It is a condition that one should slaughter with his hand
or appoint another as a wakil. If somebody had slaughtered on
his behalf without his previous approval, the slaughtering is
doubtful. So it is based on ihtiyat not to suffice with it.
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The slaughtering tool must be made of iron or stainless
steel. If one had doubts about that, he should make sure of it.
Otherwise, slaughtering with it would be invalid.
Taqsir or Halq is the sixth obligation of Hajj and the 3rd practice at Mina.
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After hady it is wajib to do halq (shaving of the head) or
taqsir (to cut some of the hair or nails). Taqsir is strictly
wajib on women for whom halq only is invalid and it is based on
ihtiyat for them to combine cutting the hair and nails. For men,
and according to ihtiyat, halq is obligatory in case he was
performing Hajj for the first time; otherwise he is free to do
halq or taqsir.
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Both halq and taqsir are worships for which niyyah is wajib
which must be free of hypocrisy and to intend obedience to Allah
the Sublime. Then if one did halq or taqsir without the said
niyyah, he would not become free from things freedom from which
is dependent on these practices.
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If one is helped in doing taqsir or halq by another person,
he must do niyyah by himself.
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It is based on ihtiyat al-wajib to do halq or taqsir during
the day of `Eid; otherwise if he did not, he must do them the
night before the 11th day or later on and it would be valid.
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For someone who had delayed the Hady after the day of `Eid
for some reason, it is not wajib for him to delay halq or taqsir.
More than that it is not remote that doing it is wajib on the
day of `Eid for which ihtiyat is not to be neglected - while
performing the tawaf of Hajj and the other 5 practices of Mecca
before hady is a matter of doubt.
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In normal conditions halq or taqsir must be done at Mina
and no other place.
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If one, deliberately, forgetfully or ignorantly, did halq
or taqsir outside Mina and then performed the other practices,
he must return to Mina for it and repeat the other dependant
practices. The rule is the same if he had neglected them and
left Mina.
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On the day of `Eid it is wajib first to do ramy of jamarat
al-`Aqabah, hady i.e. if one is able to do it on this day at
Mina, and then taqsir or halq. If one deliberately disturbed
this succession, he would be disobedient, although apparently it
is not wajib to repeat them in succession. Nevertheless if one
could, repetition goes with ihtiyat. The rule is the same in
case of ignorance and forgetfulness. However, if one was not
able to do hady there on the day of `Eid, then if he could to it
on that day in the slaughter-house present nowadays outside
Mina, it is based on ihtiyat al-wajib also to put hady ahead
before the halq or taqsir. While if this also was difficult, it
is based on ihtiyat al-wajib to do halq or taqsir on the day of
`Eid and get free of ihram but to delay the practices of Mecca
after performing Hady.
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After halq or taqsir the muhrim becomes free to do or enjoy
everything that was haram for him during ihram except women and
using perfume.
Practices of Mecca al-mukarramah
The wajib practices at Mecca are 5:
1- Tawaf al-Hajj (called visiting tawaf);
2- Its salat al-tawaf;
3- Sa`y between Safa and Marwah;
4- Tawaf al-nisa'; and 5- Its salat al-tawaf.
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It is permissible, even mustahabb, after completing the
practices of the day of `Eid to return to Mecca the same day to
perform the remaining practices of Hajj i.e. the 2 tawafs, their
salats and sa`y. It is also permissible to delay them until last
day of tashriq or even to the last day of the month of
Dhu'l-Hijjah.
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The method of the 2 tawafs, their salats and sa`y are the
same as those of `Umrah and differ only in niyyah i.e. here one
must intend to perform them for Hajj.
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Under normal conditions, it is not permissible to put these
practices ahead before the wuquf at `Arafat and Mash`ar and the
practices of Mina. However, it is permissible to advance the 2
tawafs and their salats for some groups:
First: Women, if they are afraid that their menses or puerperium
(nifas) might happen after returning to Mecca and they would not
be able to wait till they were purified.
Second: Men and women who are unable to perform the tawaf after
returning to Mecca due to crowdedness or those who would never
able to return to Mecca at all.
Third: Sick persons who are unable to perform the tawaf after
returning to Mecca due to crowdedness or even the fear of such.
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If one of the mentioned groups had put the 2 tawafs, their
salats and sa`y ahead and the excuse ceased to exist after that,
they are not obliged to repeat them, although repetition goes
with ihtiyat.
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Whoever advances the practices of Mecca for an excuse, like
the above mentioned groups, using perfume and women for him
would never be halal but after halq or taqsir, i.e. after doing
them all haram things will be halal for him.
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Tawaf al-nisa' and its salat are wajib but not considered
as rukns i.e. if one neglects them deliberately, his Hajj would
not be void but women, then, would not be halal for him.
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Tawaf al-nisa' is not only for men, but for women and
others as well. So if a man neglected it, women would not be
halal for him and vice versa.
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Under normal conditions it is not permissible to advance
sa`y before the tawaf al-Hajj or its salat. It is again
impermissible in these conditions to advance tawaf al-nisa'
before them or before the sa`y. So if one breaks this
succession, he should repeat it.
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If one, inattentively neglected tawaf al-nisa' and went
back to his country, then if he could return and do it without
difficulty, he should do it; otherwise he should do istinabah.
For such a person women; would not become halal unless tawaf and
its salat had been performed by himself or by the na'ib. The
rule is the same if tawaf had been neglected deliberately.
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The same things and practices which become haram during
ihram for `Umrah are haram during ihram here and getting free
from them is gradual and in 3 steps:
First: After halq or taqsir everything becomes halal for the
pilgrim except women and using perfume. Even hunting would
become halal in general, although it is haram to do it inside
the Haram.
Second: After sa`y using perfume becomes halal.
Third: After tawaf al-nisa' women becomes halal.
Mabit (passing the night) at Mina is the 12th obligation of Hajj and the 4th practice at Mina.
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It is wajib to pass the night at Mina on the nights before
the 11th and 12th of Dhu'l-Hijjah. Thus if one went to Mecca on
the day of `Eid to perform the tawafs, salats and sa`y, he is
obliged to return and pass the night at Mina.
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Three groups are to be excluded from observing mabit at
Mina who are:
A. Sick persons, those who are looking after them and any one
who has an excuse with which mabit there would be difficult.
B. One who is afraid that his valuables or money might be lost
or stolen at Mecca i.e. if it was a good amount of money.
C. One who stayed at Mecca occupying himself with worship till
fajr time and did not do anything else other than necessary
eating and drinking and renewing his wudu'.
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Mabit at Mina is a worship for which niyyah is wajib with
the mentioned conditions.
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Mabit from the time of maghrib till midnight is sufficient,
and it is based on ihtiyat al-wajib for those who without excuse
did not observe mabit in the first half of the night to observe
it on the second half although it is not remote that in normal
conditions observing mabit in the second half of the night only
is sufficient.
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Whoever neglects the wajib mabit at Mina without occupying
himself for worship at Mecca, must do kaffarah with a sheep for
each night. There is no difference in this rule, according to
ihtiyat, between those excused and others or between the
ignorant, the forgetting and others.
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Whomsoever is allowed to stream out on the 12th day, is
obliged to stream out after zawal and not before it.
Ramy of the three jamarat is the 13th obligation of Hajj and the 5th practice at Mina.
Ramy of the 3 jamarat being the same in its method and
conditions, as the mentioned Ramy of jamarat al-`Aqabah (the
big) on the day of `Eid.
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It is wajib to throw the three jamarat (the first, the
medium and the `Aqabah), during the days after those nights on
which, mabit is wajib.
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The time limit of Ramy is from sunrise till maghrib. Thus
it is impermissible, in normal conditions, to do it during the
night. From this ruling those who look after others and anyone
with an excuse, like fear about his money, his life or his
honor, being excluded. Weak individuals like women, old men and
children who are afraid of heavy crowds are also excluded and
all of them are allowed to do Ramy at night.
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One who is only excused from doing ramy during the day, is
not allowed to do istinabah but he must do Ramy by himself on
the night before or the night after that day. While those who
are excused from Ramy even at night, e.g. sick persons, are
allowed to do istinabah. However, it is based on ihtiyat al-wajib,
to do Ramy by oneself on the next night if the excuse no longer
exists.
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If an excused one did istinabah for Ramy and the na'ib had
done it then the excuse no longer exists before the time limit
of Ramy is over, in such a case if while making istinabah he was
hopeless about the disappearance of the excuse till the na'ib
had done the Ramy, the Ramy would be valid and he is not obliged
to repeat it. While one who was hopeful that the excuse may have
disappeared, must repeat it by himself if the excuse is off even
if he was allowed to do istinabah.
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Ramy of the 3 jamarat is wajib but it is not a rukn in
Hajj.
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Succession in Ramy is obligatory i.e. to start with the
first jamarah then the medium and finally the `Aqabah. One
should throw each jamarah with seven pebbles with the method
previously mentioned.
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If one forgot the ramy of the 3 jamarat and left Mina, then
if he remembered during the days of tashriq, he would be obliged
to return to Mina and do ramy by himself if he was able;
otherwise istinabah would be obligatory. While if he remembered
after those days or he had deliberately delayed ramy until the
days of tashriq had lapsed, it is based on ihtiyat al-wajib to
return and do ramy by himself or do istinabah, then to do qada'
of ramy the next year even by istinabah. If one forgot ramy of
the 3 jamarat until he left Mecca, it is based on ihtiyat al-wajib
to do its qada' the next year even by istinabah.
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It is permissible to throw stones at the 3 jamarat from
their four sides and it is not a condition to face the qiblah
during throwing the first and the medium, or to put one's back
to the qiblah in throwing the stones at the jamarat al-`Aqabah
(the big).
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