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Fiqh
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October 11, 2020

Akhsar al-Mukhtasarat | Book of Hajj | Recommendations & Types of Hajj

وَسُنَّ لِمُرِيدِ إِحْرَامٍ غُسْلٌ أَوْ تَيَمُّمٌ لِعُذْرٍ
وَتَنَظُّفٌ, وَتَطَيُّبٌ فِي بَدَنٍ, وَكُرِهَ فِي ثَوْبٍ
وَإِحْرَامٌ بِإِزَارٍ وَ رِدَاءٍ أَبْيَضَيْنِ عَقِبِ فَرِيضَةٍ أَوْ رَكْعَتَيْنِ فِي غَيْرِ وَقْتِ نَهْيٍ

It is recommended for the one entering into the state of Ihram to perform ghusl or to perform tayammum if he has an excuse. Ihram as mentioned before is the intention to enter into a state of pilgrimage. The term “وَتَنَظُّفٌ” indicates that a person should clean himself to a degree higher than a normal ghusl done with water. This includes shaving the pubic hair, plucking the hair from the arm-pits, trimming the mustache, clipping the nails, and removing any source of foul odour from the body. It is recommended to trim the beard even though this isn’t explicitly mentioned in the books.

A person should perfume the body and it is disliked to perfume the clothes. The scent remaining on the body is not an issue. As per the Hanbali madhab, it is disliked to perfume the clothes. Why?

  1. It will remain for longer period of time.
  2. If a person wishes to remove this piece of ihram and then put it back on, he would have to wash that perfume from it. Why? Because otherwise, it would count as putting perfume after getting into the state of ihram.

Narrated Aisha: I applied perfume to the Prophet (ﷺ) with my own hands when he wanted to assume the state of Ihram, and I also perfumed him at Mina before he departed from there (to perform Tawaf-al-Ifada). [Bukhari]

The term Sunnah in books of fiqh is used loosely to mean a recommendation and not an explicitly reported narration from the Prophet. It could be based on the other evidences, the actions of other companions etc. The usul of the authors needs to be seen what is meant.

It is recommended to perform the ihram with an izar (lower garment), and  a ridha (upper garment), both of which are white; after performing an obligatory prayer or after two rakat of voluntary prayer at a time when prayer is not prohibited. It could be even be one rakat of prayer (witr) as was opined by some Hanbali scholars like Sheikh Muhammad al-Khalwati (student of Imam al-Buhuti) in his Hashiyah of al-Muntaha etc. When the author says that it is recommended, it means that if a person is to wear other than white, then it is permissible. Wearing white is a recommendation and does not affect the validity of the Hajj. One should not waste time stressing on a certain type of material, threads, or thickness etc.

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وَنِيَّتُهُ شَرْطٌ, وَالِاشْتِرَاطُ فِيهِ سُنَّة

It is a condition that a person makes an intention to enter into the state of Ihram and for the very validity of the Hajj. That being said, the condition of intention doesn’t mean that the intention needs to be verbalized upon the tongue. What is generally seen is that people use the following to verbalize their intentions:

لَبَّيْكَ اللَّهُمَّ حَجًّا

O Allah, here I am to perform Hajj

اللَّهُمَّ إِنِّيْ أُرِيْدُ الْحَجَّ

O Allah, I intend to perform Hajj

For a person to just put on the ihram is a sign of their intention. It is sunnah to mention the intention for Hajj as per the Hanabilah, but generally the place of the intention is the heart. The term “اشْتِرَاطُ” means to set a condition. It is to add conditions to the intention such that if a person is unable to continue with their Hajj then they can exit their ihram without a penalty at that point.

Narrated Aisha: Allah’s Messenger (ﷺ) entered upon Duba’ah bint Az-Zubair (his cousin) and said to her, “Do you have a desire to perform the Hajj?” She replied, “By Allah, I feel sick.” He said to her,

حُجِّي وَاشْتَرِطِي، قُولِي اللَّهُمَّ مَحِلِّي حَيْثُ حَبَسْتَنِي

“Intend to perform Hajj and stipulate something by saying, ‘O Allah, I will finish my Ihram at any place where You stop me (i.e. I am unable to go further).” She was the wife of Al-Miqdad bin Al-Aswad. [Bukhari]

In another version, Hilal bin Khabbab said: “I asked Sa’eed bin Jubair about a man who performs Hajj and stipulates a condition. He said: ‘Conditions are something that people do among themselves.’ I narrated the Hadith of ‘Ikrimah to him, and he narrated to me from Ibn ‘Abbas, that Duba’ah bint Az-Zubair bin ‘Abdul-Muttalib came to the Prophet ﷺ, and said: ‘O Messenger of Allah, I want to perform Hajj, so what should I say?’ He said:

قُولِي لَبَّيْكَ اللَّهُمَّ لَبَّيْكَ وَمَحِلِّي مِنَ الأَرْضِ حَيْثُ تَحْبِسُنِي فَإِنَّ لَكِ عَلَى رَبِّكِ مَا اسْتَثْنَيْتِ

‘Say: “Here I am, O Allah, Here I am, and I shall exit Ihram at any place where You decree that I cannot proceed.” And whatever condition you stipulate will be accepted by your Lord.” [Nasai]

It means that if something is to go wrong during Hajj, a person doesn’t have to do anything else get out of the state of ihram like giving a penalty or a sacrificial animal. Sheikh Mari’i al-Karmi says that a person can exit their state of ihram for free (literally). Now even though the context in which this was said could be taken to be a case of necessity, the scholars disagreed if this was to be only for specific cases or for all generally. Imam Ahmad explicitly says that this is a general case applicable for all when asked by Imam Dawud. This was also the opinion held by Imam Ishaq Ibn Rahawayh.

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وَأَفْضَلُ اَلْأَنْسَاكِ اَلتَّمَتُّعِ, وَهُوَ أَنْ يُحْرِمَ بِعُمْرَةٍ فِي أَشْهُرِ اَلْحَجِّ وَيَفْرُغَ مِنْهَا, ثُمَّ بِهِ فِي عَامِهِ

The best method of performing the rites of Hajj is through Tamattu’. It is when a person enters into the state of Ihram to perform Umrah during the months of Hajj, completes it, and then continues by entering into the state of Ihram again to perform Hajj in that very same year.

Hajj is of 3 types:

  1. Hajj Tamattu’
  2. Hajj al-Ifraad
  3. Hajj Qiraan

Allah mentions in the Quran,

فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ

And when you are secure, then whoever performs ‘umrah [during the Hajj months] followed by Hajj [offers] what can be obtained with ease of sacrificial animals. [Surah al-Baqarah, 196]

The months of Hajj are Shawwal, Dhul Qa’dah, 10 Days of Dhul Hijjah. So 2 months and 10 days in total even though it is generally referred to as the 3 months of Hajj. In this type, the umrah could be done as early as a day after Eid al-Fitr. In this type of Hajj, the person after doing his Umrah is completely free and Halal to do as he pleases. After this when the days of Hajj arrives, he puts on the Ihram and completes the rites of Hajj. Bottom-line being, both of them are to be done in a single journey.

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ثُمَّ اَلْإِفْرَادُ وَهُوَ أَنْ يُحْرِمَ بِحَجٍّ ثُمَّ بِعُمْرَةٍ بَعْدَ فَرَاغِهِ مِنْهُ
وَالْقِرَانُ أَنْ يُحْرِمَ بِهِمَا مَعًا أَوْ بِهَا ثُمَّ يُدْخِلَهُ عَلَيْهَا قَبْلَ اَلشُّرُوعِ فِي طَوَافَهَا

The next best method of Hajj is Ifraad. In this, a person enters the state of ihram to perform Hajj, and then after completing it, enters into a new state of ihram to perform Umrah. Ifraad means alone. Technically, the person is doing Hajj alone and hasn’t coupled it with Umrah at all. At the miqat the person wears the Ihram only to perform Hajj. The performance of umrah has no impact on the person’s Hajj.

Why is Umrah added here? Because as per the Madhab, doing umrah is also an obligation. It is to be done as soon as one fulfills all the required conditions. It is not allowed to be delayed. If one has performed umrah before, then they can just complete the rites of Hajj and go about their business.

Qiran is when the person enters the state of ihram to perform both Hajj and Umrah together, or to perform umrah, and then adds (the intention of) Hajj before doing the tawaf of umrah. Tawaf is the pillar of Umrah. It is derived from the root word Qarana - which means to combine. Imam Ahmad states that there is no doubt that it was this type of Hajj that was done by the Prophet Muhammad ﷺ when he did his Hajj. Why do we then say that tamattu’ is the best?

Narrated Jabir bin `Abdullah: The Prophet (ﷺ) and his companions assumed Ihram for Hajj and none except the Prophet ﷺ and Talha had the Hadi (sacrifice) with them. Ali arrived from Yemen and had a Hadi with him. Ali said, “I have assumed Ihram for what the Prophet (ﷺ) has done.” The Prophet (ﷺ) ordered his companions to perform the `Umra with the lhram which they had assumed, and after finishing Tawaf to cut short their hair, and to finish their lhram except those who had Hadi with them.

They (the people) said, “How can we proceed to Mina (for Hajj) after having sexual relations with our wives?” When that news reached the Prophet (ﷺ) he said, “If I had formerly known what I came to know lately, I would not have brought the Hadi with me. Had there been no Hadi with me, I would have finished the state of lhram.” [Bukhari]

This shows that Tamattu’ was the preference of the Prophet ﷺ. In the method of Qiraan also, the Umrah and the Hajj are performed in the same journey. The difference here is that the Umrah and Hajj are combined in a single Ihram. Such a person gets out of his Ihram and becomes Halal only on the 10th Dhul Hijjah after the stoning of the jamarat, sacrifice and shaving the head or at least two of these.

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وَعَلَى كُلٍّ مِنْ مُتَمَتِّعٍ وَقَارِنٍ -إِذَا كَانَ أُفُقِيًّا- دَمُ نُسُكٍ بِشَرْطِه

Every person who performs Hajj Tamattu’ or Qiraan; and he is someone who comes from a far off place, must offer a sacrifice according to its conditions. This is basically for all who are not residents of Makkah. Allah says in the Quran,

ذَٰلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِي الْمَسْجِدِ الْحَرَامِ

This is for those whose family is not in the area of al-Masjid al-Haram.  [Surah al-Baqarah, 196]

The Hanabilah have laid down conditions that need to be met for the sacrifice to become an obligation.

  • The person should be one who is not a resident from the area of Masjid al-Haram.
  • The Umrah is performed in the months of Hajj.
  • The person does not travel the distance considered as travel between the period of his Umrah and Hajj.

Technically, the only person not giving a sacrifice is the one who is performing Hajj Ifraad.

Sheikh Maqsood ul Hassan Faizi says, “The ulema differ on which of these is the best. Hajj Tamattu’ seems to be the best because here a person is combining the Umrah and the Hajj in their journey to the House of Allah and also because it has ease in it which the Prophet Muhammad liked. Another reason is that of the Hajj which the Prophet performed, he indicated to the sahaba about performing Hajj Tamattu’ and also wished of doing the same.”

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وَإِنْ حَاضَتْ مُتَمَتِّعَةٌ فَخَشِيَتْ فَوَاتَ اَلْحَجِّ أَحْرَمَتْ بِهِ وَصَارَتْ قَارِنَةً

If a woman who is performing tamattu’ menstruates (or has post natal bleeding) and is afraid that she will miss Hajj, she adds in the intention of Hajj with her Umrah.

A person can intend Umrah and add the intention of Hajj into it. This is a method of Qiraan. Once cannot intend Hajj and then add Umrah into it. Some of the fuqaha allow it but the Madhab does not allow it. A woman who menstruates cannot perform tawaf around the kabah.

Narrated Aisha: Allah’s Messenger (ﷺ) entered upon me at Sarif while I was weeping (because I was afraid that I would not be able to perform the ,Hajj). He said, “What is wrong with you? Have you got your period?” I replied, “Yes.” He said,

إِنَّ هَذَا شَىْءٌ كَتَبَهُ اللَّهُ عَلَى بَنَاتِ آدَمَ فَاقْضِي مَا يَقْضِي الْحَاجُّ غَيْرَ أَنْ لاَ تَطُوفِي بِالْبَيْتِ حَتَّى تَغْتَسِلِي

“This is a matter Allah has decreed for all the daughters of Adam, so perform the ceremonies of the Hajj as the pilgrims do, but do not perform the Tawaf around the Kabah.” Allah’s Messenger (ﷺ) slaughtered some cows as sacrifices on behalf of his wives. [Bukhari]

Ex: A woman gets her menses a few days or 2 days before Arafah. Her cycle might last 6-7 days. If she does not perform tawaf of Umrah until after she completes her menses, then she cannot complete her Umrah till Hajj is over. As per the Hanabilah, it is now obligatory upon her to include the intention of Hajj. She was intending to do tamattu’ but because of menstruating, she is now doing Hajj Qiraan. She can now go to Arafah, Muzdalifah, and do everything that a person does during Hajj, and the only thing which she cannot do now and delays to do later is tawaf and sa’ee. Her Hajj will then be complete. If she has already done her tawaf and sa’ee then that is good as well.

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وَتُسَنُّ اَلتَّلْبِيَةُ, وَتَتَأَكَّدُ إِذَا عَلَا نَشْزً ا أَوْ هَبَطَ وَادِيًا أَوْ صَلَّى مَكْتُوبَةٍ أَوْ أَقْبَلَ لَيْلٌ أَوْ نَهَارٌ أَوْ الْتَقَتِ الرِّفَاقُ أوْ رَكِبَ أَوْ نَزَلَ أَوْ سَمعَ مُلَبِّياً أَوْ رَأَىَ الْبَيْتَ أَوْ فَعَلَ مَحْظُورًا نَاسِيًا

It is recommended to make talbiyah at all times as is reported from the Prophet and his companions while laying a special emphasis on it. This is done when descending into a valley, or after praying an obligatory prayer, or when the night and morning enters, or when one sits with their friends and companions, or gets on or off from their vehicle (ride), or hears someone saying the talbiyah (and joins), or sees the Kabah, or forgetfully does something that he is not supposed to do or that which is to be avoided during Ihram accidentally.

It’s not recommended to just constantly make the talbiyah, rather a person makes the talbiyah as and when their condition changes as is seen in the above examples. Why? It is not reported from the Prophet that he did it continuously. Plus it is a form of dhikr, so should be treated as such.

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وَكُرِهَ إِحْرَامُ قَبْلَ مِيْقَاتٍ، وَبِحَجًّ قَبْلَ أَشْهُرِهِ

It is disliked for a person to enter the state of Ihram before its appointed place of entry i.e miqat, and to enter into Hajj before its appointed months. The Miqat is where one gets into the Ihram. If a person does get into ihram before then the ihram is valid, but it is disliked as it goes against the Sunnah without a reason.

The idea behind this is that people have a unified place on their path like a signpost where people are to focus on their Hajj and Umrah from that point onward.

Entering into Hajj before its appointed months is an innovation. A bidah is not necessarily haram always. It can be haram, it can be makruh, or it can be something that is to be avoided.

 

Based on the Hanbali primer, Akhsar Al-Mukhtasarat authored by Ibn Balban al-Hanbali as taught by Sheikh Zahed Fettah حفظه الله

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