The Hajj in Islamic law is a group of sacred rites and is one of the pillars upon which Islam is established as it has been quoted from Imam al-Baqir (a.): “Islam has been built on five things: salat, zakat, sawm, Hajj and wilayah to the Ahlul-Bait (a.)”.
Hajj in its two parts, the wajib and the mustahabb, is of great merit and with an ample reward. Many hadiths have been quoted from the Prophet Muhammad (s.) and his progeny (a.) regarding the merit of Hajj. Imam al-Sadiq (a.) said: “The pilgrim and mu`tamir are the guests of Allah, if they question Him, He will answer them, if they supplicate to Him, He will answer them, if they want to intercede for others, He will accept it, and if they keep quiet, He will be the beginner, and they will be compensated instead of one Dirham, a million Dirhams”.
The ruling regarding those who deny the obligation of Hajj and those who neglect it.
The obligation of Hajj is a proven subject in the Qur’an and Sunnah and it is among the necessities prescribed in our religion. Its neglect is considered as a great sin if he who neglects it possesses the required characteristics and he knows that it is wajib. Allah the Sublime in the Qur’an said: “Pilgrimage to the House is a duty imposed upon mankind by God, for anyone who can afford a way to do so. Any one who disbelieves will find that God is Transcendent, beyond any need for the Universe”. It has been quoted from Imam al-Sadiq (a.) that: “If any one died without performing the Hajj and there was no harmful request, severe illness or preventing sultan, which might have prevented him from doing it, he would have died like a Jew or a Christian”.
Types of Hajj
Hajj, performed by the mukallaf, is either for himself or on behalf of another person. The second is called Hajj al-niyabi. The first is either wajib or mustahabb. The Hajj al-wajib is either originally wajib in Islamic law, which is called ‘Hajjat al-Islam’, or it is accidentally wajib through a nadhr or if the Hajj had been invalidated.
For each Hajjat al-Islam and Hajj al-niyabi there are conditions, which will be mentioned in the first part within two chapters. Hajj is also divided into Hajj al-tamattu`, ifrad and qiran. The first is the duty of those whose home is located a distance of 60 farsakh (about 90 km or more) away from Mecca al-mukarramah. The second and the third are the duties of those live in Mecca or outside it within this distance.
Hajj al-tamattu` differs from the two other kinds in its manasik and practices which would be cleared up within several chapters in the second part.
Part one: Hajjat al-Islam and Hajj al-Niyabi
Chapter one: Hajjat al-Islam
Conditions for the Hajjat al-Islam to be wajib
Several conditions make Hajjat al-Islam wajib:
b. First: Sanity. Hajj is not wajib on the insane.
c. Second: Adulthood. Hajj is not wajib on a child or an adolescent, and if they perform the Hajj, it will not replace Hajjat al-Islam, even if it was correct.
4. If a child entered ihram for Hajj then became religiously adult during the wuquf at Muzdalifah (Mash`ar al-haram), and he was mustati`, then his Hajj would be acceptable as the required Hajjat al-Islam.
5. If a child pilgrim commits a prohibited act if it was hunting, its kaffarah would rest with his guardian, while other types of kaffarahs, apparently, are not wajib on either the guardian or the child.
6. In Hajj of a child, the cost for the sacrifice of a sheep is paid by the child’s guardian.
Third: Istita`ah which includes the following types:
a. Financial istita`ah
b. Physical istita`ah
c. Sirbi istita`ah (related to the openness and safety of the route)
d. Time istita`ah
And here are the details of each:
a. Financial istita`ah which includes several points:
1- Provisions, baggage and travel costs i.e. what is needed in travel like food, water and other things in addition to the means of transportation.
7. It is not a condition for the mukallaf to own the provisions and the means of transportation themselves but it is sufficient to own the money or other things, which he could spend on obtaining them.
8. Hajj is not wajib upon the person who does not have provisions or the means of transportation or he could not afford them even if he could obtain them through earnings or other means.
9. It is a condition that he should own the cost of the return trip to his home or to any other place if he had previously intended to go there.
10. If one has nothing by which he could afford the Hajj expenses but there is someone in debt to him, the amount of which would cover the Hajj expenses or act as a complement to it, he must reclaim it if it had fallen due, the debtor was rich enough and there was no extraordinary hardship (i.e. extraordinary hardship) on the creditor in the debt being reclaimed.
11. If a woman has a dowry in the debt of her husband which covers her Hajj expenses, she could not ask for it if her husband was not able to afford it and she would not considered as mustati`. But if the husband was rich, she is obliged to ask for it unless a depravity, like dispute or divorce, would follow in case of her asking. In such a case she is not obliged to ask for it and she would not be considered as mustati`, as well.
12. If one who does not afford Hajj obtains a loan to cover its expenses, he would not become mustati` and the Hajj he performed would not be considered the required Hajjat al-Islam. And such is still the case if he was sure that he would become mustati` the next year but he obtains the loan and go to Hajj in the same year.
13. One who has a debt and does not have money in excess of his Hajj expenses to repay the debt, then if the debt was on credit and he was confident that he could repay it when the debt fell due, going to Hajj for him would be wajib with his present money. Such is also the case if the debt had fallen due but the creditor had agreed to delay it and one was confident that he could repay it at its time. Apart from these 2 cases, Hajj is not regarded as wajib.
14. One who has only enough money for Hajj and he needs to get married and for whom abstaining from marriage would result in difficulty, contempt or disease or he is afraid of committing a haram act then he would not be considered mustati`. More than that if he spent this money for Hajj, it would not apparently replace the Hajjat al-Islam.
15. If one finds only a means of transportation which costs more than its analogues, then if he could pay the increase without difficulty, he is obliged to pay to go Hajj (because istita`ah is not cancelled with the mere increase in prices) unless he could not pay the increase or it would cause an extraordinary hardship to him. And such is the case in buying or hiring anything needed for the trip or if he could only sell something, so that he might spend its value in Hajj, at a lesser price than its analogues.
16. One who knows that under his financial conditions and Hajj expenses he would not become mustati` if he wants to go to Hajj as others are doing, but thinks that possibly through investigation he could find a way/s to go, he is not compelled to embark on such an investigation because the standard of istita`ah is that which goes with convention. While one who doubts whether or not he has istita`ah it is wajib to take a proper look at his present financial status.
d. 2- Provision for one’s family during trip
17. It is a condition in financial istita`ah that one should be able to meet the expenses of his family (members of the household who are dependant on him) until his return from Hajj.
18. What is meant by family, provision of which must be included in financial istita`ah, is what is conventionally considered as a family, even if they are not dependent on him according to shar` (Islamic law).
e. 3- Essentials of life and living
19. It is a condition that one should have the essentials of life and what is needed to live in a conventionally suitable social position for him. It is enough to possess money or something else, which could be spent for the needs of life, and not the needs themselves.
20. Conventional affairs may differ from one to another. So one for whom possessing a home is essential or it is suitable for his social position, according the to convention, or that living in a hired, borrowed or endowed house may cause an extraordinary hardship or disgrace to him, then possessing a house for him will be a condition for istita`ah.
21. One whose living essentials (as home, furniture, vehicle, industrial instruments, etc) have values which are more than what is required for his social position, and he could sell them to buy cheaper alternatives and spend the surplus for the Hajj, without resulting into any extraordinary hardship or disgrace, then he is obliged to do so and is considered as mustati`, if the difference earned by this method is enough to cover the Hajj expenses or act as a complement to it.
22. If a mukallaf sold a land or other thing to buy a house with its value, then if he was in need of the house or its possession is just suitable for his social position, he would not be considered as mustati` by receiving land money, even if it is enough to cover Hajj expenses or to act as a complement to it.
23. For one who has extra equipment which he does not require at the moment (e.g. books) and which if sold would cover Hajj expenses or act as a complement to it, Hajj is wajib on him provided that he meets all other conditions.
f. 4- Return to Competence
24. Return to competence is a condition in financial istita`ah (it is clear that this condition is not considered in Hajj al-badhli as it will be detailed). It means that after returning from Hajj one should have a source of income sufficient to him and his dependent family and suitable for his social position (like trade, agriculture, industrial activity, job or a property for benefit as a farm, a shop, or others). For Islamic science students (may Allah help them) it is enough to return to khums money, which is given to them by Islamic seminaries (hawzahs).
25. A woman also should return to competence. If she has a husband and she went to Hajj during his life, she could return to the legal maintenance she has on her husband, while a woman who does not have a husband, her return to a financial income sufficient for living and suitable for her social position is one of the conditions for her istita`ah, in addition to Hajj expenses, without which she would never be considered as mustati`.
26. If one has no luggage or means of transport but they have been guaranteed to him by another person (i.e. he said to him: ‘go to Hajj and I will pay the expenses’), Hajj would become wajib on him and he should accept it. This type of Hajj called Hajj al-badhli, in case of which return to competence is not a condition; in addition it is not a condition for the contributor to offer the luggage or the means of transport themselves but to pay their value.
27. Hajj al-badhli is a valid substitute for Hajjat al-Islam and it is not wajib to go to Hajj another time if one becomes mustati` later.
28. Hajj al-badhli is not applied to one who is invited to go to Hajj by an institution or a person if a condition is made that he must perform a certain work for the invitation.
g. Miscellaneous issues in financial istita`ah:
29. When the due time arrives that the money must be spent for going to Hajj, it is not permissible for the mustati` to get himself out of the statues of istita`ah. Moreover, it is based on ihtiyat al-wajib not to do so even before that time.
30. It is not a condition for financial istita`ah to be already ascertained in the country of the mukallaf. It is sufficient to be acquired even at the Miqat. So for one who would become mustati` at his arrival to Miqat, Hajj will be wajib on him and it is valid to replace Hajjat al-Islam.
31. Financial istita`ah is also considered as a condition if one becomes able to perform Hajj on his arrival at Miqat (e.g. the servants in the caravans), in case that he has also all the other conditions for istita`ah (as maintenance, essentials of life and suitable living for his social position and return to competence). In such a case, Hajj becomes wajib on him and replaceable for Hajjat al-Islam; otherwise his Hajj is only mustahabb, and if istita`ah is acquired later, Hajjat al-Islam will be wajib, then.
32. If one is hired as a servant in the way of Hajj with a fee enough to obtain istita`ah, Hajj would be wajib on him if he accepted the hiring. Nevertheless it is not wajib on him to accept it.
33. One who was not financially mustati` and hires himself for Hajj al-niyabi, then he becomes mustati` after he made the contract for the hiring (i.e. not with the money of the hiring) Hajjat al-Islam, then, becomes wajib on him to perform in the same year. Then if hiring was for Hajj in the same year, it becomes void; otherwise he must perform Hajj al-niyabi the next year.
34. If a mustati` goes to the Hajj al-mustahabb inattentively or purposely, although with the intention of practicing the manasik of Hajj to perform them better the next year or because he thought that he was not mustati` and then becomes aware that he was, there is a doubt that his Hajj is valid and, based on the precaution, it is wajib for him to repeat it in the future. However, if he had intended to obey the real order of the Divine Legislator by imagining that it was the mustahabb order, then his Hajj would be valid in the place of Hajjat al-Islam.
b- Physical istita`ah which means physical health and ability.
Hajj is not wajib on the sick or old or those who are either unable or would have extraordinary hardship to go to Hajj.
35. Maintenance of physical istita`ah is a condition. If one falls sick during his journey, before ihram, then if it was his istita`ah year and the sickness had prevented him from continuing the journey, he would not be physically mustati` and not obliged to do istinabah. While one who goes to Hajj after it has already settled on him, and the sickness disabled him from continuing the journey and he becomes hopeless that he will be able to perform Hajj without extraordinary even in the next years, then he is obliged to do istinabah, while if he does hope that he would be able to perform Hajj, Hajj will remain in his debt. If one becomes sick after ihram, he has special rules to be applied on him.
c- Sirbi istita`ah
It means the route to Hajj being open and safe. Hajj is not wajib if the route is closed in such a way that one could not reach Miqat or complete his manasik. Hajj also would not be wajib if the route was open but unsafe i.e. there is a danger to oneself, his body, his honor or his money.
d- Time istita`ah
It means that there should be enough time to go to Hajj after the acquirement of istita`ah. So Hajj is not wajib if time is short i.e. one cannot go to Hajj in the correct time or he can but with great difficulties and extraordinary hardship.
h. Miscellaneous issues:
36. It is wajib on the mustati` to perform Hajjat al-Islam first, i.e. he is not allowed either to go as a na’ib (Hajj al-niyabi) on behalf of another or to perform Hajj al-mustahabb for himself before it, and if he did so, his Hajj would be void.
37. Permission of the husband is not a condition in Hajj al-wajib. Thus the wife should perform Hajj even if her husband disagreed.
38. Permission of parents is not a condition for the Hajjat al-Islam of the mustati` to be valid.
39. If one neglects the performance of Hajj after the conditions of istita`ah have been obtained, Hajj will settle in his debt and he must perform it later by any means possible.
Conditions to be present in the na’ib
It is a condition for the na’ib to have some characteristics:
First: Adulthood (based on ihtiyat), since the Hajj of child is not valid on behalf of another to replace Hajjat al-Islam, and even the Hajj al-wajib in general.
Second: Sanity, since Hajj is not accepted from an insane person whether his sickness is permanent or comes in attacks (if he performs Hajj during the attack).
Third: Belief. The Hajj of a non-believer on behalf of someone else is invalid.
Fourth: Be acquainted with practices rules of Hajj in the way that he could perform the manasik correctly, even if he does that with a guide who teaches him each practice at its time.
Fifth: His debt if free of Hajj al-wajib for himself in this year.
Sixth: Not to be excused from some of the Hajj practices.
This condition and the rules will result from it will be cleared up in other issues when dealing with the practices of Hajj.
48. To satisfy with istinabah it is a condition to be confident that the na’ib had performed the Hajj on behalf of him who hired him. But after certainty is acquired that he had done it, it is not a condition to investigate its correctness. It is sufficient to ensure correctness in general.
Conditions to be present in that who hired the na’ib
It is a condition for the hiring person to have some characteristics:
First: Being Muslim. It is not true to perform Hajj on behalf of a non-Muslim (kafir).
Second: The hiring person should be either dead or unable to perform the Hajj by himself (i.e. if the istinabah is for his Hajj al-wajib) due to old age, sickness or extraordinary hardship and he has lost hope that he could perform it without extraordinary hardship even in the following years. While in Hajj al-mustahabb istinabah is valid on behalf of others absolutely.
And here are some issues:
49. Similarity between the na’ib and the hiring person is not a condition i.e. it is valid for a woman to represent a man, and vice versa.
50. It is permissible for a sarurah (person who is going to Hajj for the first time) to represent a sarurah or others whether the na’ib or the hiring person is a man or a woman.
51. Adulthood and sanity are not conditions for the person who hired the na’ib.
52. For Hajj al-niyabi to be correct it is a condition to intend the niyabah and determine the hiring person, even generally, but it is not a condition to mention his name.
53. It is incorrect to hire a person whose duty is to shift from completing the actions of Hajj al-tamattu` to Hajj al-ifrad, due to lack of time. However, if he hired him and accidentally his time becomes limited, he should shift and it will be valid instead of Hajj al-tamattu` and he deserves the wage.
54. If the hired person dies after the ihram and entrance of the Haram, he deserves a full wage, if the hiring was for the purpose of freeing the debt of the hiring person as it was clear from the generalization of hiring during the agreement process i.e. it had not been restricted by a condition that all actions be done.
55. If one had been hired to perform Hajj with a wage which appeared later to be insufficient to cope with his expenses, the hiring person is not obliged to complete it. And so if it exceeds, he has no right to regain the excess.
56. In situations where the Hajj of a na’ib is ruled to be of no substitute for that of the hiring person, then it is wajib on the na’ib to give back the wage to the hiring person if the hiring process was conditioned in that year; otherwise he must perform the Hajj, on his behalf, later.
57. It is not permissible to hire a person who is excused from doing some of the practices of the Hajj (the excused is that person who cannot perform the same duty of him who has the choice, a matter which leads to a defect in some of the Hajj practices). Then, if the excuse would not lead to that (as if he becomes excused only in committing some of the prohibited acts during ihram), his niyabah is correct.
58. If the excuse which occurs during Hajj al-niyabi would lead to a defect in the na’ib’s practices, the invalidity of hiring is not remote. So, in this case it is based on ihtiyat al-wajib to reconcile about the wage and repeat the Hajj on behalf of the hiring person.
59. The niyabah of those who are excused from normal wuquf at Mash`ar al-Haram is invalid and if they are hired like that, they would not deserve the wage, for example: a caravan’s servants who are forced to accompany weak persons or perform some of the caravan’s duties and stream out from the Mash`ar to Mina after midnight. Then, if one of those mentioned should be hired for Hajj al-niyabi, he would be obliged to attend the normal (ikhtiyari) wuquf and perform the Hajj.
60. The Hajj of an excused na’ib is invalid no matter whether he is hired or a volunteer or whether the na’ib or the hiring person was ignorant about the excuse. And so it the case if one of them was ignorant that this excuse would be impermissible for niyabah e.g. if one was ignorant that it is invalid to satisfy the compulsory wuquf at Mash`ar al-Haram.
61. If the na’ib had done ihram and entered Mecca but then he became aware that he was mustati`, his ihram, then, is void and he must return back to Miqat and to ihram again for himself for `Umrat al-tamattu`, unless he had done ihram with the niyyah of the real duty, in which case his ihram is correct.
62. The na’ib is obliged to act according to his duty whether regarding taqlid or ijtihad.
63. If the na’ib has died after ihram and entering the Haram, this will be valid for the hiring person, while if he died before entering the Haram, it is invalid according to ihtiyat al-wajib. In this rule there is no difference whether the na’ib is a volunteer or is hired or whether his niyabah is for Hajjat al-Islam or other types of Hajj al-wajib.
64. It is based on ihtiyat al-mustahabb for a na’ib who had not performed the Hajjat al-Islam for himself, to perform `Umrah al-mufradah for himself after finishing his Hajj al-niyabi practices as long as he is in Mecca if he was able.
65. After finishing the practices of Hajj al-niyabi the na’ib is allowed to do tawaf for himself or on behalf of others, more over he is also allowed to perform `Umrah al-mufradah.
66. As the belief of the na’ib is a condition, it is also a condition for all the manasik in which niyabah is permissible, like tawaf, ramy and hady.
67. Based on ihtiyat, it is wajib on the na’ib to do, by himself, the practices for which he had accepted to do niyabah.
Part two: Practices of Hajj and `Umrah
Introduction: types of Hajj and `Umrah
It has been mentioned that Hajj has three types, Hajj al-tamattu` (which is the duty of those whose home is 16 farsakhs (nearly 90 km) far from Mecca and both Hajj al-qiran and Hajj al-ifrad which are the duty of those who live in Mecca or outside it within a distance lesser than that mentioned. Hajj al-tamattu` differs from the other two in being a single worship composed of one `Umrah and one Hijjah, in which `Umrah is performed first, followed by a separating period during which the person takes off his ihram and is allowed to do some acts which are prohibited for the muhrim (the person who is in a state of ihram). This is before putting on ihram again for Hajj. For this reason, it is called Hajj al-tamattu`. So `Umrah is a part of Hajj al-tamattu` and called `Umrat al-tamattu` and the Hijjah is the second part and both must be performed in the same year. This is different from Hajj al-qiran or Hajj al-ifrad because each worship consists of a Hijjah only while `Umrah is a separate worship called `Umrah al-mufradah. Thus, `Umrah al-mufradah could be performed in one year and Hajj al-ifrad or al-qiran in another year. Both types of `Umrah have common rules which will be mentioned showing the differences between them before explaining the general method of each type of Hajj and its `Umrah.
Here are some issues:
68. `Umrah like Hajj is wajib sometimes and is mustahabb other times.
69. In Islamic law, `Umrah like Hajj, is wajib on the mustati` only once during his lifetime and istita`ah for it is just like that in Hajj. It also becomes directly wajib, like Hajj, and it is not a condition for its obligation to have istita`ah for Hajj as well, but istita`ah for it is sufficient. The reverse is also true i.e. if one becomes mustati` for Hajj only, it becomes wajib sparing `Umrah. That is the case for those whose home is in Mecca or lesser than 16 farsakhs away from it, while those living further than that and whose duty is Hajj al-tamattu`, their istita`ah should include Hajj and `Umrah because both should be performed in the same year.
70. The mukallaf is not allowed to enter Mecca al-mukarramah without ihram. So one who wants to enter it outside the time of Hajj, he is obliged to do ihram for `Umrah al-mufradah. Two situations should be excluded:
a. One whose work requires frequenting Mecca
b. One who gets out of Mecca, after he had completed the practices of Hajj al-tamattu` or `Umrah al-mufradah, is allowed to return back without ihram before the month of his previous ihram for `Umrah is lapsed.
71. Like Hajj, it is mustahabb to repeat `Umrah and it is not a condition to separate them by a certain period, although, based on ihtiyat, a one month delay in between is better if both `Umrahs were for himself. If they were on behalf of two persons or one was for him and the other was not, separation would not be important. Thus, if the second `Umrah is for niyabah, the na’ib is allowed to take the wage for it and is valid in the place of the wajib `Umrah al-mufradah.
The method of Hajj al-tamattu` and its `Umrah
Hajj al-tamattu` is composed of two parts, the `Umrah (which advances the Hajj) and the Hajj. For each there are special practices.
Practices of `Umrat al-tamattu`
1- Ihram: from one of the miqats
2- Tawaf around the Ka`bah
3- Salat al-tawaf
4- Sa`y between Safa and Marwah
Practices of Hajj al-tamattu`
1- Ihram from Mecca al-mukarramah
2- Wuquf at Arafat from noon to maghrib on the 9th of Dhu’l-hijjah.
3- Wuquf at Mash`ar al-haram on the night before the 10th of Dhu’l-hijjah (from maghrib of the 9th to sunrise of the 10th).
4- Ramy at jamrat al-`Aqabah on the day of `Eid al-ad-ha (10th of Dhu’l-hijjah).
6- Halq or taqsir
7- Mabit (passing the night) at Mina on the night before the 11th day.
8- Ramy of the three jamarat on the 11th day.
9- Mabit at Mina at the night before the 12th day.
10- Ramy of the three jamarat on the 12th day.
11- Tawaf al-Hajj.
12- Salat al-tawaf
14- Tawaf al-nisa’
15- Salat al-tawaf
Hajj al-ifrad and `Umrah al-mufradah
The mentioned of Hajj al-ifrad is the same as Hajj al-tamattu` except that the hady in Hajj al-tamattu` is wajib while it is mustahabb in Hajj al-ifrad. `Umrah al-mufradah is like `Umrat al-tamattu` except in the following:
72. Taqsir is wajib in `Umrat al-tamattu` while in `Umrah al-mufradah one has a choice in doing taqsir or halq i.e. for men. Women, in general, are obliged to do taqsir.
73. Tawaf al-nisa’ and its salat are not wajib in `Umrat al-tamattu`, although, based on ihtiyat, it is better to do them with the intention of attaining prosperity while they are wajib in `Umrah al-mufradah.
74. `Umrat al-tamattu` could not be done but in the months of Hajj (i.e. Shawwal, Dhu’l-qi`dah and Dhu’l-hijjah), while `Umrah al-mufradah could be done in all months.
75. In `Umrat al-tamattu` it is wajib to do ihram in one of the miqats (that will be mentioned), while the miqat of `Umrah al-mufradah is adnal-hill (the boundaries of the Haram of Mecca), although there is no problem to do ihram for it from one of the miqats.
It is like Hajj al-ifrad in its method but in Hajj al-qiran the pilgrim is obliged to slaughter his hady (animal for sacrifice) since he is obliged to take it with him at the time of ihram.
Also, ihram in Hajj al-qiran could be achieved by ish`ar and taqlid in addition to talbiyah, while in Hajj al-ifrad it is achieved by talbiyah only.
General rules of Hajj al-tamattu`
Something is considered as conditions in Hajj al-tamattu`:
First: Niyyah, which is the intention of performing a particular type of Hajj at the time of doing ihram for `Umrah; otherwise it would not become correct.
Second: The sum of the time of one’s `Umrah and Hajj must fall during the month of Hajj.
Third: Both Hajj and `Umrah should be performed in the same year.
Fourth: Both Hajj and `Umrah should be performed by one person and on behalf of one person. So if two persons are hired to perform Hajj al-tamattu` on behalf of a dead person in such a way that one of them is for `Umrah and the other for Hajj, it would not be valid.
76. In normal conditions, one whose duty is Hajj al-tamattu` is not allowed to shift from it to Hajj al-ifrad or al-qiran.
77. One whose duty was Hajj al-tamattu` who becomes aware that there is no time to complete `Umrah and perform the Hajj in its time, whether before or after engaging in `Umrah, is obliged to shift from Hajj al-tamattu` to Hajj al-ifrad then perform `Umrah al-mufradah after completing its practices.
Chapter one: Miqats
They are the sites determined for doing ihram, they are the following:
First: Masjid al-Shajarah. It is located in the region of Dhi’l-halifah near Medina al-munawwarh and it is the Miqat of the people of Madinah and those who want to go to Hajj through it (Medina).
78. It is not permissible to delay ihram from masjid al-Shajarah to Juhfah unless there is a necessity like illness, weakness or other excuses.
79. It is invalid to do ihram from outside masjid al-Shajarah. However, it is valid to do it from all parts of the masjid even those new parts.
80. A woman with an excuse (e.g. during her periods) must do ihram at the time when she crosses the masjid, if the crossing would not entail staying in it. If staying is necessary (due to crowding or something else) and she could not delay the ihram till the excuse is over, she must do ihram from Juhfah or one of the parallels. She is also allowed to do ihram by nadhr from any other place before the Miqat.
81. If the husband is absent, it is not a condition to obtain his permission for the achievement of the nadhr of his wife for her ihram before the Miqat. But if he is present, it is based on ihtiyat al-wajib to obtain his permission; otherwise her nadhr will be invalid.
Second: Wadi al-`aqiq, which is the Miqat of Iraqi and Najd people and those who want to pass these places for `Umrah which has three portions: Maslakh, its first portion; Ghamrah, the middle; and Dhatu`irq, the last portion. Ihram at any of these portions is valid.
Third: Juhfah. It is the Miqat of the people of Syria and the surrounding, Egypt, Maghrib and those want to pass them for `Umrah. Ihram is valid either from the masjid or other places there.
Forth: Yalamlam, which is the Miqat of the people of Yaman and those who pass it. It is a name of a mountain. Ihram is valid from any site in it.
Fifth: Qarn al-Manazil, which is the Miqat of the people of Ta’if and those who pass it for `Umrah. Ihram is valid either from the masjid or from other places there.
The places parallel to the previous Miqats: If one did not pass from one of the previous Miqats but reached a place just parallel to one of them, he could do ihram from there. Parallel means to reach a point, on his way to Mecca, in which the miqat lies to the right or the left of him in such a way that if he went forward, the Miqat will be inclined behind him.
The mentioned Miqats are those from which one should do ihram for `Umrat al-tamattu`, while the Miqats of Hijjat al-tamattu`, qiran and ifrad are:
First: Mecca, which is the Miqat of Hijjat al-tamattu`.
Second: The mukallaf’s house, which is the Miqat of those who live nearer to Mecca from the mentioned Miqats, which is also the Miqat for People of Mecca, so they are not obliged to return back to one of the mentioned Miqats for doing ihram. And here are some issues:
82. If one could not locate the Miqat or its parallel, it could be located by legal evidence i.e. by the testimony of two just witnesses or the publicity which ensures confidence, and it is not wajib to investigate it. If all evidences are lost, it is enough to suffice with the suspicion obtained from the saying of anyone who knows the region.
83. Doing ihram before Miqat is invalid, unless one did a nadhr for ihram before the Miqat in a certain place e.g. Madinah or his country. Then he is obliged to do ihram from there and it is valid.
84. If one, ignorantly or due to an excuse, had passed the Miqat without ihram, then if he could return to the Miqat, he would be obliged to return and do ihram from it, no matter whether he was inside or outside the Haram. While if he could not and he was inside the Haram, then if he could get out of it, he would be obliged to do that and it is, based on ihtiyat al-wajib to go as near as possible to the Miqat and do ihram from there. If one could not get out due to shortage of time or other causes, he should do ihram inside the Haram from the point at which he becomes free of his excuse.
85. In normal conditions it is not permissible to delay ihram beyond the Miqat whether there was another Miqat beyond or not.
86. One who has been prevented from doing ihram from one of the Miqats would be allowed to do it in another one.
87. One who, deliberately and purposely, did not do ihram from the Miqat and could not return due to time limitations or another excuse and there is no other Miqat beyond until time becomes short to do it, he would miss the `Umrah and his Hajj would be void, and he is obliged to repeat the Hajj the next year, if the Hajj was settled on him or he was mustati`.
88. Jaddah is neither a Miqat nor a parallel region. Thus, doing ihram for `Umrat al-tamattu` in it, in normal conditions, is incorrect and one must go to any Miqat to do ihram, as long as he could. Otherwise, based on ihtiyat, he should do ihram by nadhr in Jaddah itself.
89. If a muhrim, after passing the Miqat, became aware that his ihram was incorrect, if, then, he could return to it, he is obliged to. While if he could not do so but by passing through Mecca al-mukarramah, he must do ihram from adna’l-hill and enter Mecca for `Umrah al-mufradah. Then, after performing it he should return back to one of the Miqats to do ihram for `Umrat al-tamattu`
90. Apparently it is allowed for someone who is confident that he will not miss the Hajj to get out of Mecca after he becomes freed of ihram of `Umrat al-tamattu`, although, based on ihtiyat al-mustahabb, it is better not to get out but for urgency and need. Again, it is based on ihtiyat to do ihram for Hajj in Mecca before getting out unless it would cause extraordinary hardship for him. One who wants to apply this ihtiyat and who is compelled to get out of Mecca one or more times, e.g. the workers of caravans and the likes, he can perform `Umrah al-mufradah first to enter Mecca and delay `Umrat al-tamattu` until the time he could perform it just before Hajj practices. At that time he would do ihram for `Umrat al-tamattu` from the Miqat and after finishing it he would do ihram for Hajj in Mecca.
91. What is meant by getting out of Mecca between `Umrat al-tamattu` and Hajj is to get out of the contemporary Mecca al-mukarramah. Thus to go to a place which is now regarded inside Mecca is not considered as getting out, even if it was outside before.
92. It is based on ihtiyat al-wajib not to perform `Umrah al-mufradah between `Umrat al-tamattu` and Hajj, although performing it will not harm either the validity of one’s previous `Umrah or that of Hajj.