Missed some hajj rites
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this
question:
My daughter,husband and i went for Haj this
year .My daughter is not keeping good health but managed to do all the arkans
up to Arafat and muzdalifa plus jamrah for two days after that she was spotting
,we could not delay our departure and did haj tawaf and safa marwa ,on her
behalf
Iam feeling very guilty and wonder my husband
and iI did wrong,because of her health we did the best we could and deep in my
heart I dont think I have done any thing wrong.But this feeling of guilt is
with me .
pls reply to me personally I dont wont to make
this public .
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Missed some hajj rites
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is no one (no idol, no person, no
grave, no prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Fiqh-us-Sunnah Fiqh 5.94b
There is consensus among the Muslim scholars
that spending the Day at Arafah is the most important part of Hajj. Ahmad and the compilers of the Sunan have
reported from Abdur Rahman bin Ya'mur that the Prophet (saws) ordered an
announcer to proclaim "Hajj is (spending the day at) Arafah,
so he who joins other pilgrims on the night of Muzdalifah before dawn, will be
considered as having performed Hajj."
Sunan of Abu-Dawood Hadith 1944 Narrated by AbdurRahman Ya'mar ad-Dayli
I came to the Holy Prophet (saws) when he was
in Arafat. Some people came from
Dear and Beloved Sister, if your daughter was present on
the plains of Arafah on the Day of Hajj, be rest assured that she will be recorded
as having performed the Hajj in the sight of Allah Subhanah. If she has missed some obligatory rites of
Hajj, Shariah has prescribed that she would have to perform atonement through
the performance of ‘damm’ (sacrifice); and if for a valid reason she has missed
some non-obligatory rites of Hajj, it is expected that she will find her Lord
Oft Forgiving, Most Merciful.
Depending on the type of Hajj one has intended to perform {Rad
(Hajj only), Tamattu '(Hajj and 'Umrah
combined with a break in between), or Qiran (Hajj and 'Umrah without a break},
in principle the obligatory rites of the Hajj are:
The declaration of intention and the ‘ehram’ from the
meeqat.
Spending the Day at Arafah
Throwing pebbles at Jamarah for 3 days
The Tawaaf of Hajj
The Sai of Hajj
The Staying at Mina for 2 or 3 days
The offering of sacrifice
The shaving or cutting of one’s hair
Assuming that you do not live in Saudi Arabia, it is most
likely that you would have intended to perform the Hajj Tamattu, which
basically means that as soon as you enter Makkah you perform the Umrah, then
take off the ‘ehram’ and re-enter into the ‘ehram’ on the 8th of
Dhil-Hajjah to perform the Hajj. You
have confirmed in your notes that all the rites upto Arafah, Muzdalifah, and
the stoning of the Jamaraat for two days were performed by your daughter before
ill-health forced her to abandon the rest.
We assume that someone performed the sacrifice on her
behalf, someone threw the pebbles at the Jamaraat on her behalf on the 3rd
day, and she cut a little bit of her hair.
If any of these obligatory rites were not performed, then she has to
offer the atonement by offering a sacrifice for each of the rites missed.
If your daughter stayed a part of the day or night in Mina
for the first two days immediately following the Day of Arafah, that is the 10th
and 11th of Dhul-Hajjah, she would have fulfilled her
obligation. But if due to ill-health,
she was absolutely unable to attend the required two days at Mina, then she has
to offer the atonement by offering a sacrifice for missing this obligatory rite
of Hajj.
Thus what remains of the obligatory rites on her is the
Tawaaf and the Sai between Safa-Marwa of Hajj, and these rites can neither be
performed by someone else on her behalf, nor can an atonement of sacrifice be
offered for missing these rites. These
obligatory rites of Tawaaf and Sai of the Hajj would remain a debt upon your
daughter until the next time she is blessed to visit the Sacred House of Allah
Subhanah and performs these belated Tawaaf and Sai of Hajj at any other time of
the year.
If your daughter is married, she cannot consummate with
her husband until she comes back to the Sacred House and performs the belated
Tawaaf and Sai of Hajj; and if your daughter is not married, she is permitted
to perform the Nikaah but she cannot consummate with her husband until she
performs the belated Tawaaf and Sai of Hajj.
Dear and Beloved Sister, our answer is based on the
assumption that your daughter’s intention was to perform the Hajj Tamattu. If our assumption is inaccurate, and your
daughter intended to perform Hajj Rad or Hajj Qiran, then the requirements of
her atonement might alter slightly.
The performance and the completion of the Hajj rites is so
important that the Messenger of Allah (saws) named it one amongst the five
pillars of Islam. Thus if you have any
further queries regarding the Hajj of your daughter, or need any clarification
whatsoever in any of the laws or rites of Hajj, or in the performance of any of
its atonements, etc. we strongly advice
you as your brothers in faith and your sincere well-wishers in Islam that you
either write back to us or take proper advice from a knowledgeable scholar in
Islam.
Whatever written of Truth and benefit is only due to
Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only
Source of Strength.
Your Brother in Islam,
Burhan
Wister