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Monday, November 10, 2014

Pilgrimage, & Dought & clear, - * ‘Umrah on the part of a child who has not reached the age of discernment



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I am intending to perform ‘Umrah, by Allah’s leave. My husband will be with me along with my three children, all of whom are below the age of four years. I hope that you can explain how they should enter ihram, perform the rituals and exit ihram. Is it preferable in their case to shave the head or to cut their hair?
Praise be to Allah.
Hajj and ‘Umrah are valid on the part of children who have reached the age of discernment and those who have not reached that age, according to the majority of scholars; in fact it was narrated that there was consensus on this point.
With regard to ‘Umrah on the part of a child who has not reached the age of discernment, i.e. a child who is below the age of seven, his guardian should form the intention on his part, after dressing him in ihram garments and keeping him away from things that are forbidden whilst in ihram. He should form the intention that the child has entered ihram.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
He should enter ihram on his behalf, i.e., form the intention that this child has entered the state of ihram. He should not form the intention that he has entered ihram on behalf of the child, because this is not correct. Rather he should form the intention that this child has entered the state of ihram. If he does that, the child has entered ihram.
End quote fromSharh al-Kaafiby Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him).
Similarly, he should also form the intention of tawaaf (circumambulation of the Ka ‘bah) and sa‘i (going between as-Safa and al-Marwah) on the child’s behalf. He may carry the child during these two rituals. If he does carry him, then it is preferable for him to do tawaaf on his own behalf and then on behalf of the child, but if he does one tawaaf it is sufficient for both of them, according to the correct scholarly view.
Shaykh Ibn Baaz (may Allah have mercy on him) said: if the one who is carrying another person intends tawaaf on his own behalf and on behalf of the one whom he is carrying, and if he intends sa‘i on his own behalf and on behalf of the one whom he is carrying, that is acceptable according to the more correct of the two scholarly opinions, because the Prophet (blessings and peace of Allah be upon him) did not instruct the woman who asked him about Hajj of a child to do tawaaf for him on his own. If that had been obligatory, he (blessings and peace of Allah be upon him) would have said so.
End quote fromMajmoo‘ Fataawa ash-Shaykh Ibn Baaz, 5/257
Shaykh Ibn Jibreen was asked about that and he said: As ihram for a child is valid, the guardian is responsible for him. So he should dress him in the ihram garments, form the intention of ihram for him, form the intention of the rituals on his behalf, recite the Talbiyah on his behalf, and hold his hand during tawaaf and sa‘i. If the child is incapable, such as one who is very small or is still breastfeeding, there is nothing wrong with carrying him, and one tawaaf is sufficient for both the one who carries and the one who is carried, according to the correct opinion. If the child does anything that is forbidden whilst in ihram out of ignorance, such as wearing a fitted garment or covering his head, he does not have to offer any fidyah because he did not do it intentionally. If he did do it intentionally, such as needing to wear regular clothes because of being cold and so on, then his guardian should offer the fidyah on his behalf.
End quote fromFataawa Islamiyyah, 2/182
Once the child has done tawaaf and sa‘i, there remains the issue of shaving the head or cutting the hair. Shaving is preferable, because the Prophet (blessings and peace of Allah be upon him) offered supplication three times for those who shaved their heads and one for those who cut their hair. Narrated by Muslim, 1303. But if he is afraid that the child may be affected by cold and the like, then it is sufficient to cut the hair, but hair must be taken from all parts of the head, as is the view of Malik and Ahmad (may Allah have mercy on them both. And Allah knows best.




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Pilgrimage, & Dought & clear, - * The days of Tashreeq



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What are the days of Tashreeq? What is special about them and distinguishes them from other days?.
Praise be to Allaah.
The days of Tashreeq are the 11th, 12thand 13thof Dhu’l-Hijjah. There are several verses and ahaadeeth which speak of their virtue:
1 – Allaah says (interpretation of the meaning):
“And remember Allaah during the appointed Days”
[al-Baqarah 2:203]
These are the days of Tashreeq. This was the view of Ibn ‘Umar and most of the scholars.
2 – The Prophet (peace and blessings of Allaah be upon him) said concerning the days of Tashreeq: “They are days of eating, drinking and remembering Allaah.” Dhikr (remembering Allaah) is enjoined during the days of tashreeq in several ways:
- Remembering Allaah immediately after the prescribed prayers by reciting Takbeer. This is prescribed until the end of the days of Tashreeq according to the majority of scholars.
- Remembering Him by sayingBismillaahandAllaahu akbarwhen slaughtering the sacrificial animal. The time for slaughtering the hadiy and udhiyah lasts until the end of days of Tashreeq.
- Remembering Allaah when eating and drinking. It is prescribed when eating and drinking to sayBismillaahat the beginning, and to praise Him (sayAl-hamdu Lillaah) at the end. According to the hadeeth narrated from the Prophet (peace and blessings of Allaah be upon him): “Allaah likes His slave when he eats something to praise Him for it, and when he drinks something to praise Him for it.” Narrated by Muslim, 2734.
- Remembering Him by saying Takbeer when stoning the Jamaraat on the days of Tashreeq. This applies only to the pilgrims on Hajj.
- Remembering Allaah in general. It is mustahabb to make a lot of dhikr during the days of Tashreeq. ‘Umar used to recite Takbeer in Mina in his tent, and when the people heard him they recited Takbeer too and Mina echoed with the sound of their Takbeer. Allaah says (interpretation of the meaning):
“So when you have accomplished your Manaasik [rituals of Hajj], remember Allaah as you remember your forefathers or with a far more remembrance. But of mankind there are some who say: “Our Lord! Give us (Your Bounties) in this world!” and for such there will be no portion in the Hereafter.
201. And of them there are some who say: “Our Lord! Give us in this world that which is good and in the Hereafter that which is good, and save us from the torment of the Fire!””
[al-Baqarah 2:200-201]
Many of the salaf regarded it as mustahabb to make a lot of du’aa’ during the days of tashreeq.
The words of the Prophet (peace and blessings of Allaah be upon him), “These are days of eating, drinking and remembering Allaah” indicate that eating and drinking during the days of Eid are means that help one to remember Allaah and obey Him; perfect gratitude for the blessing means using it to help one obey and worship Allaah,
In His Book Allaah commands us to eat of good things and thank Him for them. So whoever uses Allaah’s blessings to commit sin is showing ingratitude for the blessing of Allaah, so he deserves to have it taken away from him.
3 – The Prophet (peace and blessings of Allaah be upon him) forbade fasting on these days: “Do not fast on these days, for they are the days of eating, drinking and remembering Allaah.” Narrated by Ahmad, 10286; classed as saheeh by al-Albaani inal-Silsilah al-Saheehah, 3573.
See Lataa’if al-Ma’aarifby Ibn Rajab, p. 500.
O Allaah, help us to do righteous deeds and make us steadfast until death; have mercy on us, O Most Generous Giver. Praise be to Allaah, the Lord of the World.





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Pilgrimage, & Dought & clear, - * Hajj does not waiveobligatory duties such as expiations and debts



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Praise be to Allah, last year I had the opportunity to perform the obligation of Hajj. As you know, the Prophet (blessings and peace of Allah be upon him) said in the hadeeth: “An accepted Hajj brings no less a reward than Paradise.” When the Muslim performs the obligatory Hajj, all the sins that he had committed are forgiven and he goes back from Hajj (free of sin) as on the day his mother bore him, and he goes back to the fitrah (sound human nature). My question is: I have some days to make up from Ramadan from two years ago. After performing Hajj, do I still need to make these days up, or will Allah forgive me for what is past because of the Hajj that I did?.
Praise be to Allah
There are many hadeeths about the virtues of Hajj which indicate that it erases sins and expiates for bad deeds, and the individual returns from it (free of sin) as on the day his mother bore him.
See the answer to question no. 34359
But this virtue and reward does not mean that obligatory duties are waived, whether they are duties owed to Allah, may He be exalted, such as expiations and fulfilment of vows, or duties that he has not yet fulfilled, such as zakaah that he has not paid or fasts that he has to make up, or duties owed to other people, such as debts and the like. Hajj brings forgiveness of sins, but it does not mean that these duties are waived, according to scholarly consensus.
If a person delays making up Ramadan fasts, for example, and that is without an excuse, then he does Hajj and it is accepted, his Hajj brings forgiveness for the sin of delaying, but the obligation to make up those days is not waived.
It says inKashshaaf al-Qinaa‘(2/522): ad-Dumayri said: In the saheeh hadeeth it says: “Whoever performs Hajj and does not utter obscenities or commit sin, will emerge from his sins as on the day his mother bore him.” This has to do specifically with sins that are connected to the rights of Allah, may He be exalted, in particular, and not the rights of other people. The duties themselves are not waived. So if a person owes prayer, expiations and other rights of Allah, may He be exalted, they are not waived, because they are duties, not sins; rather the sin is delaying them. So the delay is waived by Hajj, but the duty itself is not. If he delays it after that, the sin is renewed. So an accepted Hajj brings forgiveness for the sin of non-compliance, but does not waive the duties themselves. This was stated inal-Mawaahib. End quote.
Ibn Nujaym (may Allah have mercy on him) said inal-Bahr ar-Raa’iq(2:364), after mentioning the difference of opinion about Hajj being expiation for major sins: To sum up: the matter is controversial and there is no c rtainty that Hajj expiates major sins involving the rights of Allah, may He be exalted, let alone the rights of people. If we say that it expiates everything, that does not mean, as many people think, that debts are waived thereby. The same applies to making up prayers, fasts and zakaah because no one says that. Rather what is meant is that the sin of delaying payment of the debt is waived, but if after standing in ‘Arafah he delays paying it, he is sinning now. The same applies to delaying prayers until after the time for them has ended. The sin is erased by means of Hajj but the duty to make them up is not waived. Moreover, after standing in ‘Arafah, he is still required to make them up, and if he does not do so, he is now a sinner according to the view of those who say that he should make them up immediately. And the same applies to other actions by analogy. To sum up, no one suggested that the hadeeths which speak of the expiation of sin by virtue of Hajj are general in meaning, as is clear. End quote.
To conclude: you still have to make up the days that you owe of Ramadaan, and your duties cannot be discharged except by doing that.
And Allah knows best.





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