using any other method for this, all are haram involving kaffarah in
each case, even if he be in a die condition when the haram becomes
halal to the extent of saving life. The kaffarah is the price of the
animalhunted as given out by two different men of justice (Adil) of
the place. If the price of the animal is not available at that place,
then the price as ascer
*: Whether this animal is Halal in Haram, in either case the
kaffarahis essential. However in respect to haram animal, the kafara
is not more then a goat, even if its price be more than that of the
goat. For example if the hunter kills an elephant, the wajib kaffara
is only a goat.
tained at the nearest place in the vicinity. The price given out by an
independent just man will also be acceptable.
PROBLEM:- By the animal of land (jungle) is meant the animal which is
born in dry tract of land, even it remains in the sea/water. As such,
hunting of sea-gull and the duck belonging to jungle, willnecessitate
kaffarah.
Similarly, by the sea or the water animal is mean the animal born in
water, although at times it remains in the land.
Domestic animals such as cow, buffalo goats etc if they remain inthe
jungle and are seared away by the presence/sight of human beings, can
not be called as animals of jungle or wild animals.Similarly if some
wild animal is tamed and reared by man, it shallremain wild animal.
Therefore if some one hunts a tamid deer, kaffarah will have to be
paid.
PROBLEM:- If a wild animal becomes the property of or local resident
or be himself catches it or gets it caught by some one else or
purchased it on payment its hunting will involve kaffarah.
PROBLEM:- Hunting of a sea-animal is permissible although it at times
comes and stays on land.
PROBLEM:- To offer the kaffarah for hunting the animal if he wants he
may purchase goat, sheep, lamb etc, equal to the costof the hunted
animal and offer them for sacrifice in the Haram and distribute the
mat among the beggars or if he desires to he may purchase grain with
that price and distribute and it amongthe poor, keeping in mind that
the quantity of grains for each recipient should be equal to the
Sadaqah-e-Fitr he may keep one day's fast and if a portion of the
grain which is less than the quantity of sadaqah-e-fitr, may be given
to any poor man or keepa days fast in place of the grain, even if the
cost of the remaining grant falls short of a sadaqah-e-fitr.
PROBLEM:- The animal of the kaffara should be slaughtered within the
Haram, any sacrifice outside the Haram will nit fulfill the
requirement of the kaffarah.
PROBLEM:- If the person offering kaffara eats the meat of the
slaughtered animal, he must pay the price for that meat as Ransom.
PROBLEM:- If the kaffara animal is stolen or he offer the live animal
by way of kaffara as a sadaqah, then it will not be accepted and the
requirements of the kaffarah will not be fulfilled. However, if the
most of the slaughtered animal is stolen, the kaffarah will be deemed
to be fulfilled.
PROBLEM:- If the kaffarah is wounded (seriously) but is does not die
or any limb of it is cut or the hair/quail is plucked, then theless so
occurring in the animal should be compensated as kaffarah equal to the
cost of the loss in the animal. However, if theanimal dies an account
the injury,then the full cost of the animal should be paid by way of
wajib kaffarah.
PROBLEM:- If the Mohrim (the pilgrim wearing Ahram) catches awild
animal (from a jungle) it should be released and kept at a place where
it may take refuge orshelter. If he releasing the animalany where in
the city where it is likely to be caught again, then he shall have to
pay the penalty.
PROBLEM:- If two or more Muhrims jointly hunt the animal then each one
of them will have offer kaffarah in full.
PROBLEM:- The locust is a land creature, killing it will
necessitatekaffarah which may be only a date.
PROBLEM:- If a non muhrim (person not wearing Ahram) hunts the animal
the Muhrim can eat the meat provided the latter (Muhrim) neither asked
the hunter, nor indicated or helped inany way in connect with the
hunting. If is also necessary that the animal should be
slaughteredoutside the Haram.
PROBLEM:- If a person enter the Haram with a wild animal, the commend
is that it should be led off, even if it may be lodged in a cage.
PROBLEM:- The man riding a horse, or he was dragging it (while on
foot) will have to pay the ransom if the animal hurts some other
animal or tramples over or bites another animal (killing the latter.
PROBLEM:- If he drives away someanimal which on the run (an account of
fear) jumps over falls into the will, or it stumbles against some hard
stone etc and dies. In all the cases he will have to pay ransom.
PROBLEM:- There is NO RANSOM in killing crows, kites wolf, scorpion,
snake, rats (of any kind), biting dog, lice, mosquito, tortoise, ,
,biting ant, fly, ,and all fox, ,etc. when they attack, and all the
wild animal which first attack (and then kill), there is no kaffarah/
ransom for killing thesecreatures. Even otherwise there isno kaffarah
for killing (capturing) any of the sea creatures.
TO CUT THE TREES ETC OF THE HARAM.
There is a penalty for cutting any uncultivated growth like mushroom
green grass, herbs, plant tree, which no one has cultivated, sown
seeds and whichis still fresh (not dried and withered), not uprooted
or broken (trunk, stems etc). The penalty is that the money equal to
the affected growth should be spent in purchasing the food grains for
distribution among thepoor and the indigents each one's share being
one sadaqah-e-fitr. If the amount is not sufficient, then the sadaqah
to a single person will be permissible.It is also possible that the
whole amount be given to that person to whom sadaqah is intended. It
is also permissible that if the money in hand to buy a sacrificing
animal, it should be done like wise, slaughtering the animal in the
Haram. However he can not keep fast as a penance for his guilt.
PROBLEM:- If a person uproots theplant/tree and pays the amount for
it, Yet he can not use the amount for any purpose of his own, If he
has sold the plant/treethe money thus obtained should be given away as
sadaqah.
PROBLEM:- A dried and withered plant/tree can be uprooted and made use
of (without any penance etc).
PROBLEM:- Leaves of a tree can be plucked provided no harm/loss is
caused to the tree. Likewise plucking the fruits of a fruit-producing
tree is permissible provided prior sanction/permission has been
secured or the price of the fruit has been given to the owner.
PROBLEM:- If some person jointly cut down a tree, then the
penaltyshall be only one which should equally levied among the group
irrespective of the fact whether some of them are Muhrim (i.e. in
Ahram), some Gair Muhrim (not in Ahram) or if all are Muhrim.
PROBLEM:- To make Miswak (stemof a plaque used as tooth brush) of any
tree in the Haram is not permissible.
PROBLEM:- There is no penalty if some tree/plant is uprooted while
walking or by men or animal or pegging the tents, etc.
PROBLEM:- Grazing the grass by the animal as a necessity is
permissible (and there is no penalty for it). But the penalty
forcutting or uprooting any growth (for purposes other than
grazing)the animal is the same as already mentioned in respect of
trees/plant within the limits of the Haram. However, there is no
restriction is plucking/uprooting the IZFAR Grass or any other
withered grass which can be used for any purpose, grass fieldsof these
particular verities can be uprooted and there is no penalty for the
same.
TO KILL THE LICE.
If a person kill lice on his clothes and throws, it the kaffara in
this respect is to give a piece of breadfor each lice. If the lice are
two orthree then the kaffara is a fistful grain. For more than this, a
sadaqah is to be given.
PROBLEM:- If he washes his head or clothes or spread the clothes in
the sun with intentions to kill the lice, the kaffarah is the same as
is for killing the lice.
PROBLEM:- The clothes were wet and the same were spread to dry,them
out in the sun due to whichthe lice were killed although the intention
was not to kill them. In the circumstances no kaffarah is necessary.
To Pass by the MEEQAT without Ahram.
If a man comes from outside the place of Meeqat and enters
MeccaMoazzamah without Ahram, Even if he has no intention to perform
Haj or Umrah, the Haj or Umrah becomes wajib on him. Now, he should go
back to Meeqat and put on the Ahram. If he does not go to Meeqat, but
puts on the Ahram in Mecca, dam becomes wajib.
PROBLEM:- If a person passes through Meeqat without Ahram, then puts
on the Ahram of Umrah, then the performs Haj or Qiran, Dam becomes
essential. And if he first puts on the Ahram of Haj, then puts on the
Ahram ofUmrah while in the Haram.
To put on another Ahram when already in Ahram.
If a persons puts on the Ahram ofHaj, then again on the day or night
of Arafah, he puts on the Ahram of another Haj after the head-shave
(Halq), he should as usual remain in Ahram and use the second Ahram
for the next year no dam is wajib and if does not have head-shave
(Halq), dam becomes wajib.
PROBLEM:- He had completed all the rites (practical) performancesand
only Halq was remaining, to he puts on another Ahram for Umrah. In
that event `dam' becomes wajib and he also becomes sinful (guilty of
breach of shariat command).
PROBLEM:- It is forbidden for the person doing Haj to put on Ahram
from the 10th till the 13th of Zil Haj. If he has put on the Ahram he
must break (put off) the second Ahram and offer the Qaza and the
`Dam'. If he fulfill the Qaza, the Dam still remains due.
THE MOHSAR.
By MOHSAR is meant the person who puts on the Ahram for Haj orUmrah,
but on account of certain reasons he could not fulfill his desire.
The reasons or circumstances which may prevent the fulfillment of
desire for Haj or Umrah are as under:
(1) The enemy (2) Wild beast (3) Illness or disease which is likely to
aggravate if he attempts journey which involves physical movements.
(4) Breaking of hands/feet due to accidents/fall etc. (5)
Imprisonment. (6) The death of husband or Mahram with whom she had to
go on Haj.(7) Iddat (period of mourning by the widow (8) The loss of
money (by way of travel expenses) or theanimal of transport (9) The
husband does not consent for Hajj-e-Nafil intended by the wife.
COMMANDS FOR THE `MOHSAR'
The main command for the Mohsar is that he can not put off the Ahram
unless he after reaching Mecca he fulfill the requirement of Tawaf,
Sa'ee and the Halq (head shave). If he desireto
put off Ahram before this, he must send the sacrifice (animal) to the
Haram, when the sacrifice is done, the Ahram can be put offor he
should the amount of sacrifice to the Haram so that theanimal may be
purchased and slaughtered *there. It is also necessary that he must
express his desire, through the messenger whom he authorize to carry
the money, that the animal should be sacrificed on so and so date and
at so and so time, so that he may put off the Ahram after the passage
of the time. If there is any delay, for some reason, in the sacrifice
of which he comes to know later, bywhich time he has already put
offthe Ahram. In that event he mustoffer dam as he has come out of
Ahram before the animal was slaughtered. It is however, not necessary
for the Mohsar to have shaven his head (Halq) as a condition for
putting off Ahram. It is better if he does so.
PROBLEM:- If the Mohsar is Mufrid (which means that he has put on the
Ahram only for the Haj or the Umrah alone), he should send one animal
for sacrifice. If he is Qarin he should send two animals for
sacrifice. For this purpose, Haram is the only condition. No sacrifice
out sided Haram is permissible there is however no time limit for
the**sacrifice.
PROBLEM:- If the Qarin sent the money for 2 sacrifice (animals), but
these only one animal could be purchased with that amount and
accordingly the animal was slaughtered. This is not enough.
PROBLEM:- The Qarin performed Tawaf for Umrah but before the Wuqoof
(of Arafat), he became `Mohsar', he should now only onesacrifice and
in place of the Haj (which he missed) he should perform on Haj and one
Umrah. The other Umrah is not obligatory for him.
PROBLEM:- If the thing which prevented him to perform Haj is passed
and is no more compulsive and if there is still enough time for the
Haj and the sacrifice, then he should go. If per chance he does not
get Haj, he should perform Umrah and come out of the Ahram. It is also
better to have the sacrifice, if he gets it, for which he had earlier
sent the money.
PROBLEM:- Then can be no Ahsar after the Wuqoof-e-Arafah if he isstill
at Mecca. But if it is beyond his capacity to perform both Tawaf and
Wuqoof, in that case he will be a Mohsar. If he can do only one thing
and not the both, he will not Mohsar.
PROBLEM:- When the Mohsar sends the sacrifice and comes outof Ahram.
Now he want to offer Qaza then if the Ahram was only for Haj, then as
Qaza he must perform one Haj and one Umrah. If the Ahram was for the
Qiran, then he must do one Haj and twoUmrahs, he is also authorized to
offer Qaza for the Qiran, then one Umrah or perform all the three
separately. If the Ahram was for only Umrah, then for Qaza for
oneUmrah will be necessary.
*: Here keeping fast in place of sacrifice is not allowed, even it
does not the means to offer sacrifice.
**: For the sacrifice of `Ahsar', 10th, 11th and 12th is not
compulsory,, It can be done before or after these dates.
THE LOSS OR NON-ATTAINMENT OF HAJI.
One whose Haj is post, meaning thereby that does not get or the
wuqoof-e-Arafat, what he should no now is that he should get his head
shaven or trimming (cut short) his hair (Halq) and come out of Ahram.
He can perform theHaj the next year no dam is wajib (essential) on
him.
PROBLEM:- If Qarin loses his Haj, he must perform Sa'ee and Tawaffor
the Umrah, again he should do Tawaf and Sa'ee as also have the Halq.
In this way the dam of Qiran will be waived. He should stop reciting
Labbaik immediately beginning the Tawafon which he has already come
out of Ahram. He should perform Haj the next year, There is no Qaza
for Umrah which he has already performed.
PROBLEM:- The man in the class ofTomatta (Motamatta definition given
earlier) brings the animal for sacrifice but the state of Tamatta
becomes void (un effective) for some reason. He may do what he likes
with the animal.
PROBLEM:- Umrah can not be lost as it be performed any time in the
life. However, Umrah is makrooh during five days, namelyfrom the 9th
Zilhaj to 13th Zilhaj.
PROBLEM:- Tawaf is not binding on the person whose Haj is lost (Unaccomplished).
PROBLEM:- If a man loses his Haj and after doing sa'ee he does notput
off the Ahram with the intention of doing the Haj the next year with
the same Ahram. If he does so, his Haj will not be in order.
HAJJ-E-BADAL (HAJ BY PROXY).
There are certain conditions for Hajj-e-Badal.
(1) Hajj should be Farz (obligatory) on the man who undertakes
Hajj-e-Badal on behalfof some one else (literally speaking as Hajj by
Proxy), but the term Hajj-e-Badal is most common and is understood by
allas such.
Explanation: If the Hajj was not Farz and he got the Hajj-e-Badal, on
his behalf, then in this case the Farz-e-Hajj can not be said to he
performed as Farz Hajj. If subsequently the Hajj becomes binding
(Farz) on him, the Hajj already performed by proxy will not accepted
or Farz haj. If he is (still) unable to perform Farz Haj, he may have,
once move Haj-e-Badal on his behalf. But if he is capable to perform
Haj himself heshould do so.
(2) The man in whose behalf Haj-e-Badal is done should he incapable or
helpless. If he is capable, he should himself perform the Haj, even he
becomes incapable at a later date. But if he was capable and ina
position to perform Haj before (when he should have performed Haj).
Now in his state of helplessness, he can have Haj-e-Badal.
(3) The state or condition or circumstances of being in capableor help
is likely to continue till hisdeath.
Explanation: IF the cause of helplessness is removed afterwards and he
becomes fit and likely to remain so to perform Haj, he should do so
the previous Hajje Badal is annulled. Again the Haj-e-Badal should be
for reasons which are not likely to be come normal. If however asa
matter of chance (good luck) the disease or ailment becomes cured, the
Haj-e-Badal already performed will be valid.
(4) The man on whose behalf Haj is under keen should have himself
expressed his desire. Without his permission, Haj-e-Badal is not
acceptable. However if the lawful in heritor (waris) acts performs the
Haj on behalf of the , then no permission or authority is necessary.
(5) The money (for all due expenses) shall be provided by the man on
whose behalf Haj is to undertaken .
(6) Only that man can perform Haj-e-Badal who has been expressly asked
to do so. Haj-e-Badal by any other man is not acceptable. (However if
the man nominated by the deceased refuses to go or himself does, then
the Haj by another man will be permissible.
(7) The Haj-e-Badal should be performed by means of transportand not
foot and the cost thereofshall be paid by man sending another man,
part of journey where necessary convenience canbe covered on foot, but
the majorpart should be spent on any means of transport.
(8) The man going on Haj-e-Badal should proceed form the nature place
of the sender
(9) He should put in the Ahram form MEEQAT if the donor has asked him.
(10) The Haj should be undertaken and performed with the Niyat
(intent) of the sender. Itis better that with the words of Labbaik he
should letter the name of the man. (If he forgets the name he should
declare at heart that he is doing the Haj on behalf of the man who has
sent him.
All the a fore said conditions relate to the Haj and must therefore he
faithfully adhered to. In case of Hajj-e-Nafil, none is binding.
PROBLEM:- Two men nominated the same man for Haj on their behalf, but
he took the names of both the senders while reciting Labbaik. In this
case, the Haj fromneither of the two will be valid.
PROBLEM:- It is essential that the man in whom the Hajje Farz or Qaza
or sunnat is due and he fears the last day of his life may come any
movement (for known and unknown reasons) to make awasiyat in this
behalf.
PROBLEM:- The man on whom Haj is Farz and dies without performing the
Haj nor does he make any wasiyat in this conditions, he will be deemed
guilty according to the confesses of the authorities. If his
successoror inheritor desires to arrange Hajj-e-Badal on behalf of the
deceased. Allah in His Mercy will accept this. If however the deceased
had made a wasiyat, then the Haj should be arranged with the one third
of the assets left behind by the deceased, even if he had imposed any
such conditions and simply stated in iswasiyat that the Haj may be
arranged on his behalf or in his name.
PROBLEM:- If the one third of the assets is so much that the Haj canbe
undertaken from his nature place, it should be arranged likewise.
Otherwise keeping the money in view some one from beyond the Meeqat
should be selected form any place so that the expenses like by to he
incurred may be that. If the one third of the assets can not be enough
to send any man form any place beyond the Meeqat, then in that event
the wasiyat becomes in operative or unpracticable.
PROBLEM:- Some one who leaves home on journey for Haj and if hedies in
route to Mecca or he dies in Mecca Before Wuqoof-e-Arafah.If the Haj
had become Farz in the same year, then wasiyat (for Hajj-e-Badal) is
not wajib (essential). If he dies after the wuqoof, the Haj is
fulfilled. If the Tawaf-e-Farz remains and he makes a wasiyat for
completing this Haj, then some one should do sacrifice of BADABAH on
his behalf.
PROBLEM:- However it is advisable that in the above event some such
person should be sent/deputed who is himself Hujjat-ul-Islam or in
other words,he has performed his own Farz Haj. If some one who has not
performed Haj, the Hajje Badal will be valid. If however the man so
selected has not performed his own Haj which is wajib on him, then in
such a case the Haj will be Makrooh-e-Tahrimi.
SOME DETAILS OF "HADEE".
Hadee is that animal which is taken to Haram for sacrifice. Theyare of
three kinds (1)SHAAT, which stands for goat, sheep andlamb. (2) BAQAR,
or cow and buffalo. (3) Camel. The lowest among the "Hadee" is goat,
If some one makes a mannat (an avowal to be fulfilled on achieving the
objective) with no specific class of animal, the sacrifice of a goat
will be enough.
PROBLEM:- There is no difference between the he or she animal forthe
purpose of sacrifice. The command applier to both .
PROBLEM:- The conditions for the Hadee animals are the same as are
laid down for other sacrificed animals. This means that the minimum
age of a camel is five years, cow and buffalo two years,and goat not
less than one year, while the sheep or lamb should not be less than 6
month old if it appears as if of one year (in physical). In the Hadee
sacrifice ofa cow/buffalo/camel seven persons can share the sacrifice
just as in the case of normal animals of sacrifice.
PROBLEM:- If the Hadee animal pertains to Qiran or Tamatto, it
isbetter if some meat is taken (eaten) by the man himself, likewise
there is no objection if some meat of Hadeel is eaten while it is a
Nafil sacrifice and it has reached the Haram. If the animal has not
reached the Haram, then the owner can not partake of meat, it is the
right of the poor and the indigent. The meat of the Hadee animal which
he is permitted to eat, can also be offered to rich and well to do
persons. The animal of which flesh/meat is permitted to partake can
not receive any benefit form its skin.
PROBLEM:- The sacrifice of Qiran and Tamatto can not be made before
the 10th of Hilhaj. And if it is done after 10th Zilhaj it will be
valid, but 10th is better. It is essential that the animal should be
in the Haram, Mina is not obligatory. However if it is done on the
10th, then to do so in Minais sunnat, and after the 10th it is sunnat
if the sacrifice take in Mecca. The slaughter of the Badanah animal of
Mannat is not obligatory in the haram as a condition. when in the
mannat no such condition was imposed before hand.
PROBLEM:- It is preferable that themeat of the Hadee (animal) is
distributed among the poor and needy of the Haram. The of the camel
should be given away in the charity. Nothing should be given to the
butcher except by way good will gesture.
PROBLEM:- It is not permissible to ride or load on hadee animal unless
it is absolutely necessary. In the later case the deficiency suffered
by the animal in any wayshould be made good through charity to the
poor.
PROBLEM:- It is not permissible to milk a hadee animal and if under
some compulsion she is milked then the some (milk) should be given
away or charity, and if the milk is kept, then its price should be
given over to some needy person.
PROBLEM:- If the Hadee animal gives birth to a young one, then either
it should be given as charity or it should be slaughtered along with
the animal. Or if he sells the young one or kills it, then its price
should be given away as charity. It will be permissible if with the
price so received another animal of sacrifice is purchased.
PROBLEM:- If some one slaughter the animal of other person by mistake
while the latter also slaughter the animal of that person, then the
sacrifice, of the' both the persons will be acceptable.
PROBLEM:- If some animal meant for sacrifice in the Haram is already
to die on the way, then should be slaughtered and the rope etc on the
animal should be stained with it blood together with the hump (or side
way) so that some illegible person (such as rich and well to do) may
not eat its flesh/meat. If the animal was by way of Nafil, then it is
not obligatory to purchase another animal in its place. If it was
wajib, then another wajib animal is necessary. If he suffer form some
defect which does permit the rightful sacrifice, then he maywhat he
likes with it, but he should purchase another animal if it is wajib.
PROBLEM:- If the animal has reached the Haram and is about to die,
then it should be slaughtered and given over as charity among the
poor, but he should not eat of it, even if it is Nafil. If the animal
suffer from some minor thing an is still fit forsacrifice, it should
be sacrificed and he can also eat (as a token ofblessing).
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