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Thursday, September 8, 2016

Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * He interrupted tawaaf in order to go and relieve himself, then he came back and completed it. Is his tawaaf valid?



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I did tawaaf al-ifaadah, but when I had completed the third circuit, I needed to go to the washroom, then I did wudoo’ and completed the remaining four circuits. Is my tawaaf valid?
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Praise be to Allah
Being in a state of purity is an essential condition of tawaaf being valid, according to the majority of scholars. But they differed with regard to the case where a person becomes in a state of minor impurity during tawaaf, then he goes and does wudoo’: should he complete the circuits or start tawaaf all over again? There are two views:
The Hanafis and Shaafa‘is are of the view that he may complete his tawaaf, even if there was an interval in between, because doing the circuits consecutively is not a condition required in tawaaf.
The Maalikis and Hanbalis are of the view that he should start tawaaf all over again, because minor impurity (when a person breaks his wudoo’ during tawaaf) renders tawaaf invalid. So he has to start all over again. The same ruling applies if the interruption between circuits is lengthy, because doing the circuits consecutively is one of the conditions of tawaaf being valid.
See:al-Mawsoo‘ah al-Fiqhiyyah(29/131)
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) said:
If a person becomes in a state of minor impurity during tawaaf, his tawaaf is rendered invalid, as in the case of prayer. So he should go and purify himself, then start tawaaf all over again. This is the correct view. There is a difference of scholarly opinion concerning this matter, but this is the correct view with regard to both tawaaf and prayer, because the Prophet (blessings and peace of Allah be upon him) said: If one of you breaks wind whilst praying, let him go and do wudoo’, and repeat his prayer.” Narrated by Abu Dawood; classed as saheeh by Ibn Khuzaymah. And tawaaf is of the same nature as prayer in general.
End quote fromMajmoo‘ Fataawa ash-Shaykh Ibn Baaz(10/160).
Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him) said:
With regard to tawaaf and sa‘i, it is stipulated that the circuits be done consecutively, and if there is a lengthy interruption between them, the first circuits are rendered invalid, and the individual must start tawaaf all over again. But if the interruption is not lengthy, such as if he sits down for two or three minutes, then gets up again and completes it, there is nothing wrong with that.
End quote fromMajmoo‘ Fataawa ash-Shaykh Ibn ‘Uthaymeen(22/293)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked:
A man did tawaaf al-ifaadah, and during the tawaaf he became in a state of minor impurity, so he went and did wudoo’, then he came back and completed his tawaaf without starting all over again, thinking that this was a valid action. What must he do now?
He replied:
With regard to the tawaaf in which he became in a state of minor impurity, then he went and did wudoo’, if we say that being in a state of purity is a condition of tawaaf being valid, then the tawaaf in which he became in a state of minor impurity was rendered invalid, so basing the latter part of it on the first part is not valid. Based on that, he is now regarded as not having done tawaaf al-ifaadah.
But if we say that wudoo’ is not a condition of tawaaf being valid, then we should see whether his looking for water and doing wudoo’ took a long time. In that case, his tawaaf is not valid either, because doing the circuits consecutively is a condition of tawaaf being valid. But if he found water nearby, then did wudoo’ and came back quickly, then his tawaaf is valid.
End quote fromMajmoo‘ Fataawa wa Rasaa’il al-‘Uthameen(22/357)
Usually going to the washrooms during Hajj season, when the place is very crowded, then doing wudoo’, takes a long time, which interrupts the continuity between the circuits, so it is not valid to complete tawaaf based on the previous circuits.
Based on that:
If you have not repeated tawaaf al-ifaadah up till now, then your Hajj is not complete and you have to go back to Makkah and do tawaaf al-ifaadah, because tawaaf al-ifaadah is one of the pillars or essential parts of Hajj that must be done – unless you did this based on a fatwa from one of the scholars, or following a scholar who said that. In that case you do not have to do anything further.
And Allah knows best.








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Wednesday, September 7, 2016

Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * He stoned the first jamrah before sunset on the last of the days of at-tashreeq; should he complete the stoning?



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I stoned the first jamrah before sunset on the last day for stoning the jamaraat (the thirteenth of Dhu’l-Hijjah), then the sun set. Should I complete the stoning, by analogy with the one who catches up with a rak‘ah of the prayer before sunset?
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Praise be to Allah
If a person does not complete the stoning before sunset on the last of the days of at-tashreeq, then he has missed out on the stoning of that day, and he has to offer a sacrifice in Makkah for omitting this obligatory act.
I put this question to our Shaykh, ‘Abd ar-Rahmaan al-Barraak (may Allah preserve him, and he said:
When the sun sets on the thirteenth day (of Dhu’l-Hijjah), the time for stoning has come to an end, and whoever did not stone all the jamaraat before sunset has missed out on stoning. No analogy can be made between this and the prayer.
Shaykh Muhammad Saalih al-Munajjid








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Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * Ruling on one who starts sa‘i with al-Marwah before as-Safa



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What is the ruling on one who does ‘umrah and starts sa‘i from al-Marwah instead of as-Safa?
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Praise be to Allah
What the one who does sa‘i between as-Safa and al-Marwah must do is begin with that with which Allah, may He be exalted, began and with which His Messenger (blessings and peace of Allah be upon him) began. Allah, may He be exalted, says (interpretation of the meaning):“Verily! As-Safa and Al-Marwah (two mountains in Makkah) are of the Symbols of Allah. So it is not a sin on him who perform Hajj or Umrah (pilgrimage) of the House (the Ka‘bah at Makkah) to perform the going (Tawaf) between them (As-Safa and Al-Marwah). And whoever does good voluntarily, then verily, Allah is All-Recogniser, All-Knower” [al-Baqarah 2:158].
The Prophet (blessings and peace of Allah be upon him) began his sa‘i with as-Safa, and he said: “I begin with that with which Allah began.” The more correct view is that doing sa‘i in the proper order is obligatory. So the one who begins with al-Marwah first cannot count his first lap, and he must do another lap.
Shaykh Muhammad al-Ameen ash-Shinqeeti (may Allah have mercy on him) said:
It must be understood that the majority of scholars stipulate that sa‘i must be done in the proper order, which means beginning at as-Safa and ending at al-Marwah. If he starts at al-Marwah, that lap is not counted. Among those who stipulated that it must be done in the proper order are: Maalik, ash-Shaafa‘i and Ahmad, and their companions, and al-Hasan al-Basri, al-Awzaa‘i, Dawood and the majority of the scholars.
Conflicting views were narrated from Abu Haneefah concerning that:
The author ofTabyeen al-Haqaa’iq Sharh Kanz al-Daqaa’iq,which is a book on the fiqh of Imam Abu Haneefah (may Allah have mercy on him), said:
If a person begins sa‘i from al-Marwah, the first lap should not be counted, because he has gone against the command. End quote.
Shaykh Shihab ad-Deen Ahmad ash-Shalabi said, in his footnote toTabyeen ad-Daqaa’iq:
With regard to his words “If a person begins sa‘i from al-Marwah, the first lap should not be counted”, inManaasik al-Karmaaniit says: Doing it in a certain order is not an essential condition, according to our view; even if he begins at al-Marwah and comes to as-Safa, that is acceptable and he may count it, but it is makrooh because he did not do what is Sunnah. Therefore it is recommended for him to repeat that lap.
As-Sarooji (may Allah have mercy on him) said inal-Ghaayah: There is no basis for what al-Karmaani said:
Ar-Raazi (may Allah have mercy on him) said inAhkaam al-Qur’an: If he begins with al-Marwah before as-Safa, that is not to be counted according to the well-known report from our companions. It was narrated from Abu Haneefah that he should repeat that lap, but if he does not do so there is no blame on him. He regarded it as being like failing to follow the proper order of washing the limbs when purifying oneself. End quote. With regard to as-Sarooji’s comment that there is no basis for what al-Karmaani said, that is subject to further discussion. End quote from ar-Raazi.
The evidence quoted by the majority for it being essential to do sa‘i in the proper order is the fact that the Prophet (blessings and peace of Allah be upon him) did that and said: “I begin with that with which Allah began.” According to a report narrated by an-Nasaa’i he said: “Begin with that with which Allah began,” in the form of a command or instruction. Moreover, he said: “Learn from me your rituals of Hajj.” So we must learn from him and follow him with regard to our rituals, and begin with that with which Allah began, and following that which he (blessings and peace of Allah be upon him) did, acting in accordance with the Holy Qur’an.
End quote fromAdwa’ al-Bayaan(5/250, 251)
The scholars of the Standing Committee said – in response to a question about someone who began with al-Marwah instead of as-Safa, and added an eighth lap:
If the matter is as you describe, that you did an eighth lap to complete the seven laps of sa‘i in the correct order, then your sa‘i is valid, because the first lap that you did, beginning at al-Marwah and ending at as-Safa, is regarded as invalid, as you did not do it in the prescribed manner.
Shaykh ‘Abd al-‘Azeez ibn ‘Abdullah ibn Baaz, Shaykh ‘Abd ar-Razzaaq ‘Afeefi, Shaykh ‘Abdullah ibn Ghadyaan. from Fataawa al-Lajnah ad-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’(11/259, 260)
And Allah knows best.






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