Can one go to Madinah after performing Umrah in Hajj Tamattu?

RULING ON GOING OUTSIDE MAKKAH DURING HAJJ TAMATTU (AFTER PERFORMING UMRAH)

It is not permissible for one performing Hajj Tamattu to come back to his homeland after performing Umrah in the months of Hajj. He must stay in Makkah until he performs Hajj. If one comes back to his homeland, and then goes again for Hajj, it will not be counted as Hajj Tamattu, but will be considered Hajj Ifraad.

If the person wants to go to Madinah after performing Umrah of Hajj Tamattu, there is a difference of opinion among scholars but according to most scholars it would be permissible for him to go to Madinah/ Jeddah/ Taif etc. after performing Umrah. He should return to Haram in time for performance of Hajj and come into the state of Ihram for Hajj at Miqaat.

It is ideal for a person performing Tamattu Hajj to first go to Madinah Munawwarah and thereafter come to Makkah Mukarramah and perform Umrah, to avoid any difference of opinion. However, if the person for any reason decides to go to Makkah first and perform Umrah, his Tamattu Hajj is valid.

If one intends to go to Madinah during Hajj Qiran he will have to remain in the state of Ihram throughout.

http://islamqa.org/hanafi/qibla-hanafi/35059
Could you please clarify for me from the Hanafi perspective. My Hajj organisers are taking us to Madina after performing an initial Umrah at arrival in Makkah. When we return to Makkah for Hajj they plan to take us to Mina straight away. Is the Hanafi view that you would have to perform an Umrah prior to proceeding to Mina?
Answer:

Assalamu alaykum

What one’s Hajj group intends to do is absolutely fine in the Hanafi school.  This is called Hajj Tamattu’.  One first goes to Makka with the intention of Umra only.  After completing the Umra one leaves one’s state of ihram.  When the days of Hajj draw near, one re-enters ihram with the intention of Hajj only and performs the rites of Hajj.  The fact that one is going to Madina in between does not affect the status of one’s Hajj as Hajj tamattu’.  One is obliged to perform a sacrifice on the day of Eid or the two days after it. (Lubab al-Manasik)

For more details please refer to our short course, ‘Hajj: The Journey of a Lifetime’.

Sohail Hanif

http://islamqa.org/hanafi/albalagh/22310

A.) We are not aware of any differences of opinion among the reliable Fuqaha (Jurists) about one performing Tamattu to go to Madinah Munawwarah before going to Makkah Mukarramah. That is permissible. The difference is the other way round, whether a person performing Tamattu Hajj may leave Makkah or not after performing Umrah. And Allah Ta’ala Knows Best.

http://islamqa.org/hanafi/askimam/11429

Answer

It is ideal for a person performing Tamattu Hajj to first go to Madinah
Munawwarah and thereafter come to Makkah Mukarramah and perform Umrah.
However, if the person for any reason decides to go to Makkah first and
perform Umrah, his Tamattu Hajj is valid. (Fataawa Rahimiyya vol. 6 pg. 394)

http://islamqa.org/hanafi/darulifta-deoband/25257

 Dear Mufti Saheb, Assalamu alaikum, I am inshallah planning for my Haj this year. I plan for Haj-e-Tamattu.First of all I shall be going to Mecca and perform the Umra part of the Haj-e-Tamattu. I shall then proceed to Madina and stay there for 8-9 days. I shall then leave Madina on the 7th of Zil Haj and reach Aziziya. 8th Zil Haj morning I shall proceed to Mina-Arafat-Muzdalifa-Mina. My question is [1] when I am returning to Aziziya on the 7th Zil Haj from Madina when I wear the Ihram at the miqat Zul Hudaifa whether I should make the niyat of Haj of Tamattu only and go to MIna straight away to complete the Haj arkaans or I should again do a Umra and then go to Mina on the 8th of Zil-Haj. When I first came to Mecca from India during Zil Qayida I would have already performed one Umra ss for Haj-e-Tamattu. So is it required to perform another Umra before Haj ? Since I am returing to Aziziya only on the 7th Zil-Haj evening I will also not have sufficient time to to to Mecca to perform the Umra. [2] When I return from Madina my total duriation of stay in Aziziya and the 5 days of Haj will be aroud 9-10 days only. So sould I do Qasr of my namaaz or do Ada? Jzakallah khair,

Yes, you should wear Ihram at Zul-Hulaifah. If you are performing first Umrah in months of Shawwal and Zul-Qadah or in first days of Zul-Hijjah, then the Umrah and Hajj altogether will become Hajj Tamattu. For this, you need not perform Umrah again. You can come to Azizia (Makkah) on seventh day after wearing Ihram in Zul-Hulaifa then you can set out for Mina on eight day. (b) It is not necessary to perform second Umrah, your Tamattu is valid.

(2) You will have to offer qasr salah.

Allah (Subhana Wa Ta’ala) knows Best

http://islamqa.org/hanafi/darulihsan/76694

A: It is permissible to perform Umrah during the months of Hajj without performing Hajj. Merely performing Umrah does not make Hajj compulsory on a person. However, if he is in Makkah Mukarramah during the months of Hajj and has the financial means to stay on till Hajj then Hajj will be compulsory on him if he has not yet performed his Fardh Hajj. (Ahsanul Fataawa Vol.4 Pg.529)

http://islamqa.org/hanafi/askimam/2966

I want to query about some issues ; Please reply me with all possible detail and references;
I am a resident in Jeddah and planning to perform Haj this year; I have read that Haj afrad is only
For Makka resident ; ( Tafseer Tibyanul Qauran ) ?  will i be treated as Makka resident as well ?
Due to above I am planning for “Haj Tamatu”; I have performed the umrah in the month of
Ramdan , shawal and Zeqad, so I still need to perform an umrah for Haj ? as i have heard that
only umrah that is performed in Zel Haj will be valid for Haj , is it true ?

Can I change Ahram in Haj ( in wash room for any reason),
Can u please tell me the differnec between ;

Tawafe Qudoom ( initial tawaf ; as per my knowledge; it is mustahib)
Tawafe Ziyarat ( Haj Tawaf , as per my knowldege ; it is farz , for any kind of Haj)
Tawafe Sadar ( Ending tawaf , it is wajib, is it wajib for me also being a Jeddah resident)

I have read many Haj book , but they confuse each other, then I tried some tafseer and Hadees sahrah and I found the

Following; please correct me if I m wrong;

1) Peform Umrah before 8 Zel Haj ( you will calrify me when can I perform umrah as per my above queries)
2) Go to Mina ( 8 Zel Haj), Wajib , stays there whole day
3) Go to Arafar ( 9 Zel Haj) , Farz  Stays there up to Magrib
4) Go to Muzdalfa ( 9 Zel Haj ), Wajib , stays there up to fajar
5) Go to Mina ( 10 Zel Haj), do Rami and Qurabni and hair cutting,—– Wajib.
5) Do Tawaf-e-Ziyara in Ayame Nahar (with in 3 days) , Farz
6) Do Saee in Ayame Nahar ( with in 3 days, or after the Haj ahram),—- Wajib
7) Haj completes.

Also I was reading from your web site  Fatwa #  17218  from South Africa   ; it seems that even being a JED resident
we can not perform HAJ tamatu, you gave the defintion of HAJ tamatu as ((join haj and umrah in one journey) and i belive
that this definition is for HAJ Qiran. And we can not perform Umrah in month of HAJ, please correct me if I am wrong.

Thanks and Best Regards,

Nouman Qazi

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh 

We make dua that Allah Ta’ala grant all our hujjaj a hajj maqbool and make it easy for them. (Ameen.)

Whoever lives within the miqat, will fall under the ruling of a makki (one who stays in Makkah Mukarramah). Therefore, just as a makki could only perform ifrad hajj, similarly those who stay within the miqat could only perform ifrad hajj (i.e. perform hajj only without joining umrah with it).

Tamattu hajj is when one performs umrah in the months of hajj and thereafter performs hajj in the same year with a new ihram. Since you have already performed umrah and you are going to perform hajj, therefore, you will fall under the category of those who will be performing tamaatu hajj. However, since you are also in the ruling of a makki therefore, you will have to slaughter a dam. This dam will not be out of gratitude to Allah Ta’ala but will be as a compensation for going against the command of Allah Ta’ala by performing tamattu hajj. You should also not perform another umrah before performing your hajj.

It is permissible to change the ihram if there is a valid reason. One should not change his ihram merely to have a clean ihram.

Tawaf qudoom is the first tawaf a person will perform before starting his hajj. This will be as a greeting similar to tahiyyatul masjid when one enters the masjid. Tawaf qudoom is sunaah muakkada for those who are not makki. A makki shall not perform tawaf qudoom.

Tawaf ziyarat is the tawaf of hajj which is performed on the ten of zul hijja. This tawaf is fardh.

Tawaf sadar is the last tawaf one would perform before leaving the holy city of Makkah Mukarramah. It is wajib for those who are not makki. Imam Abu Yusuf رحمه الله تعلى mentions that I prefer that a makki also performs tawaf sadar.

Refer to Manasik of Mulla Ali Qari رحمه الله تعالى page 140 and 252.

Since you are under the ruling of a makki, you will not perform tawaf qudoom.

On the 9th one will go to Arafa after sunrise and stay until sunset. It is fardh to go to Arafa.

After sunset one will go to Muzdalifa. It is Sunnah makkadah to spend the night in Muzdalifa. It is wajib to spend time between subh sadiq and sunrise.

Performing tawaf ziyarah in days of hajj is wajib not fardh.

If a person combines between hajj and umrah in one ihram, then this would be qiran. If he combines it with two ihrams, then this will be tamattu.

And Allah knows best

Wassalam

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Concured by:

Muhammed Zakariyya Desai,
Assistant Mufti

 Darul Iftaa, Madrassah In’aamiyyah Source

Udhiyya

http://islamqa.org/hanafi/daruliftaa/8327

Can you please provide some details regarding Qurbani, especially the rules regarding having one’s Qurbani done in UK slaughterhouses?

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

‘Udhiya’ is an Arabic term which means ‘sacrificing an animal’, and ‘Qurbani’ is an Urdu and Persian word derived from the Arabic word ‘Qurban’ which literally means an act performed to seek Allah’s pleasure. It is technically used for the sacrifice of an animal slaughtered for the sake of Allah.

Virtues of Udhiya (qurbani)

Allah Most High Says:

‘So turn in prayer towards your Lord and sacrifice (animals).’ (Qur’an 108:2)

There is nothing dearer to Allah during the days of Udhiya than the sacrificing of animals. The sacrificed animal shall come on the Day of Judgment with its horns, hair, and hooves (to be weighed). The sacrifice is accepted by Allah before the blood reaches the ground. Therefore sacrifice with an open and happy heart. (Sunan Tirmidhi and Sunan Ibn Majah)

Sayyiduna Zayd ibn Arqam (may Allah be pleased with him) relates that the Companions asked, ‘O Messenger of Allah! What is Udhiya?’ He replied, ‘It is the Sunna of your father Ibrahim (peace be upon him).’ They asked again, ‘What benefit do we get from it?’ He answered, ‘A reward for every hair (of the sacrificed animal).’ ‘And [what reward is there for animals with] wool, O Messenger of Allah?’ they asked. ‘A reward’, he said, ‘for every fiber of the wool.’ (Sunan Ibn Majah)

When a person slaughters an Udhiya animal, he is forgiven at the fall of the first drop of blood, and verily, the animal shall be brought forward on the Day Of Judgment with its blood, meat etc., and shall be increased in weight seventy times more than its own weight, and thereafter it will be placed on the scale of deeds. (See: Kanz al-Ummal)

Who is required to Perform Udhiya?

Every adult Muslim, male or female, who owns 612.36 grams of silver or its equivalent in money, personal ornaments, stock-in-trade or any other form of wealth which is in excess of one’s basic personal needs, is under an obligation to offer the ritual slaughter (Udhiya).

Each adult member of a family who owns the above-mentioned amount must carry out his or her own Udhiya separately. If the husband owns the required amount but his wife does not, then slaughtering will be obligatory on the husband only, and vice-versa. If both of them have the prescribed amount of wealth, then two separate Udhiyas will need to be performed.

If the adult children live with their parents, Udhiya is obligatory on each one of them possessing the prescribed amount. The ritual slaughter offered by a husband for himself does not fulfil the obligation of his wife, nor can the Udhiya offered by a father discharge his son or daughter from their obligation; rather, separate sacrifices will have to be carried out for each individual possessing the required amount. A husband or father, apart from offering his own ritual slaughter, may offer another on behalf of his wife or son, with their permission.

The Time of Udhiya

1) Udhiya is only valid during the three days of Dhu’l-Hijjah, namely the 10th, 11th and 12th, and cannot be performed in any other day of the year.

2) Although Udhiya is permissible on each of the above three days, the first day (i.e. the 10th of Dhu’l-Hijjah) is the most preferable and desired day.

3) Generally, Udhiya is not allowed before Eid Salat. If Udhiya is being done at a place where Eid Salat is not performed, the slaughter should commence after the completion of Eid Salat in the nearby town/city. However, according to the Hanafi School, in small villages where Eid prayer is not to be performed, Udhiya can be offered any time after the break of dawn on the 10th of Dhu’l-Hijjah.

4) Udhiya can be performed during night time. However, it is preferable to perform it during the daytime.

Conditions for the Slaughtered Animal

1) The animals eligible for Udhiya are goats, sheep, cattle and camels, male or female. No other type of animal is allowed for Udhiya.

2) Castrated animals may be used for Udhiya.

3) Barren animals may be used for Udhiya.

4) Goats and sheep have to be at least one year old. However, a healthy sheep that looks like a one year old may also be used, provided it is at least six months of age.

5) Cattle (cow, ox and buffalo) must be at least two years old.

6) Camels must be at least five years old.

Rulings on Defects in the Udhiya Animal

1) An animal that was born without horns or the horn is broken off from the middle is eligible for Udhiya. However, if the horn is broken off from the root, or the horn has been uprooted, then it will not be eligible for Udhiya.

2) An animal that is totally blind or has lost one-third or more of its eye-sight, or one-third or more of one of its ear is cut, or one-third or more of its tail is cut, is not eligible for Udhiya.

3) An animal which limps/walks on three legs and cannot put the injured (4th) leg onto the ground, or it is able to put the injured leg onto the ground, but is unable to walk on it, is not eligible for Udhiya. However, if it is unable to walk on it, but can still take support from it, then it is eligible for Udhiya, even though it is limping.

4) Animals having no teeth at all are not eligible for Udhiya. If an animal has lost some teeth only, and has most of its teeth, it is eligible for Udhiya. If most of the teeth are lost, it is not eligible for Udhiya.

5) An animal born without ears is not eligible for Udhiya. An animal with very small ears is eligible for Udhiya.

6) Thin and extremely weak animals, unable to walk to the place of slaughter, are not eligible for Udhiya.

7) If an animal sustains an injury whilst being slaughtered, the Udhiya is valid.

8) If an animal is purchased in a healthy and eligible state, and thereafter, an accident occurs which renders the animal unfit for Udhiya, then in such a case, if the purchaser is no longer wealthy (owner of the required amount) it will be permissible to offer the same animal for Udhiya. However, if the purchaser is wealthy, then it is necessary to obtain another animal in place of the injured animal.

9) If an animal purchased for Udhiya gives birth (before being slaughtered), then the newly born animal should also be slaughtered.

Specification of Animals for Individuals Performing Udhiya

In most Western countries such as the UK, rather than one slaughtering the animal himself, Udhiya is carried out at the slaughterhouse on one’s behalf. In such a case, it is imperative that animals are specified prior to slaughter and that the specified carcass finally reaches the one performing Udhiya. To ensure this, whilst recognising the technicalities at abattoirs, the following steps should be adhered to:

1) It is important that the animal is purchased before the Udhiya is performed, or at least, specified for purchase and Udhiya on behalf of the one wishing to perform Udhiya. This should be done by tagging a label on the animal which displays the individual’s name or an assigned number.

2) If multiple Udhiya orders are placed through an agent (such as the butcher), the agent should list all the names with exclusive numbers and keep them securely. The agent should also at this stage provide the customer with his assigned number for his information. Thereafter, the complete list should be forwarded to the abattoir before Udhiya commences.

3) It is then the responsibility of the slaughterer at the abattoir to specify animals for each agent or butcher according to the number given. Furthermore, a particular animal must be specified for each name or assigned number provided by the agent and labelled accordingly, as outlined in the example below:

a) Label or tag the animal with the name of the agent/butcher and his customer: e.g. (butcher/agent) XYZ & (customer) XYZ.

or for the purpose of simplicity:

b) Label or tag the animal with the name of the butcher/agent and specified Udhiya number: e.g. Butcher XYZ Customer No 1, Butcher XYZ Customer No 2, Butcher XYZ Customer No 3, and so on and so forth. As such, each animal must at least be numbered and this must be done before slaughter or at the latest when brought into the slaughter bay. Mere slaughter without specification is not sufficient even if the intention is to specify and number the carcasses at a later stage e.g. whilst loading.

4) Finally, care should be taken that each individual receives his specified and numbered carcass after slaughter and after implementation of the subsequent processess.

Case Scenario

‘Abdullah Butchers’ has an order of 50 Udhiyas. He makes a list of the names of customers who have placed an order with him and assigns a specific number for each individual customer, e.g. Muhammad – 1, Ismail – 2, etc. A copy of this list is then given to the slaughterhouse and one copy retained by the butcher. When each animal is about to be slaughtered, the slaughterers specify that this particular animal is for order number x of ‘Abdullah Butchers’. The slaughterer then labels the animal accordingly to distinguish it as that particular Udhiya, so that when the order is collected or delivered, the butcher clearly identifies which customer’s Udhiya it is, according to the list he had drawn up.

Dhabh (Slaughter) of the Udhiya Animal

1) It is recommended (mustahabb) that the owner of the Udhiya animal slaughters it personally, provided he is able to slaughter properly. If the owner is unable to slaughter, it is better to delegate the task to another Muslim who is acquainted with the requirements of a valid Islamic slaughter. If the slaughter has been delegated, it is desirable that the owner of the Udhiya animal is present at the time of slaughter.

2) The Islamic slaughter requires that the throat, the external jugular veins and the wind-pipe of the animal is swiftly and clearly severed with a sharp tool, together with invoking the name of Allah Most High. If only two of the passages and veins are cut, the slaughter will be deemed incorrect. If any three of the four are severed, the slaughter will be valid.

3) It is Mustahabb to face the Qibla while slaughtering.

4) It is preferable to sharpen the knife before slaughter to ease the suffering of the animal.

5) After slaughter, the animal should not be skinned or cut up into pieces before it turns completely cold.

6) It is disliked to slaughter an animal in the presence of another animal, although the slaughter is valid.

7) It is preferable to read the following whilst laying the throat of the animal towards the Qibla:

‘For me, I have set my face firmly and truly towards Him, Who created the heavens and the earth. And never shall I give partners to Allah. Verily, my worship and my sacrifice, my living and my dying are for Allah; Lord of the worlds. O Allah this sacrifice is from you and is for you‘

Whilst slaughtering the animal read, ‘Bismillah Allahu Akbar‘ (In the name of Allah, Allah is the Greatest).

If the above are not memorized, then make intention of Udhiya and merely recite ‘Bismillah’ and the Udhiya will be valid.

The Meat and Skin of the Udhiya Animal

1) It is allowed for the one performing Udhiya to either eat off the meat or give it to whomsoever he pleases, rich or poor, Muslim or non-Muslim. It is preferable, however, that the meat is divided into three parts: One part for the home, one part for relatives and friends, and one part for the poor and needy.

2) The meat or skin of the animal cannot be sold, or given to an employee or butcher in payment of his labour. It may be given as a gift. The skin of the Udhiya animal can be kept for personal use or given to anyone else for their personal use. If the skin is sold, it is necessary to give the money accrued in charity as Sadaqah.

3) It is not permissible to eat the meat of the following types of sacrifices:

a) Sacrifice that is carried out as expiation (kaffara) for a mistake committed during Hajj.

b) Sacrifice carried out for a deceased person due to his bequest (wasiyya).

c) Sacrifice carried out due to a vow (nazr).

The meat of the above-mentioned 3 types of sacrifices must be distributed to the poor and needy only.

Distribution of the Meat

If an animal is sacrificed on behalf of more than one person, like a cow or camel, its meat should be divided equally among its owners based on weight, and not randomly or by mere conjecture. Even if all the partners agree on its distribution without weighing, it is still not permissible according to Shariah.

However, if the actual weighing is not practicable due to some reason, and all the partners agree to divide the meat without weighing, distribution by guess can be done with the condition that each share necessarily contains either a leg of the animal or some quantity of its liver.

No Alternative for Udhiya

Some people think that instead of offering a ritual slaughter (Udhiya), they can give its amount to the poor as charity. This attitude is totally wrong. In fact, there are different forms of worship obligatory on Muslims. Each one of them has its own importance and none of them can stand for the other. It is not permissible for a Muslim to perform Salat instead of fasting in Ramadhan, nor is it permissible to give some charity instead of observing the obligatory Salat. Similarly, Udhiya is an independent form of worship and cannot be discharged by spending money in charity.

However, if an individual, out of ignorance or negligence, could not offer it on the three prescribed days (10th, 11th and 12th of Dhu’l-Hijjah) then, in that case only, he can give the price of a ritual slaughter (Udhiya) as Sadaqah to those entitled to receive Zakat. But during the days of Udhiya, no Sadaqa can discharge this obligation.

Cutting and Clipping the Hair and Nails

It is Mustahabb (and not necessary) for the one intending to perform Udhiya to refrain from cutting hair or clipping nails from 1st of Dhu’l-Hijjah to the 10th of Dhu’l-Hijjah, (i.e. until the days of Udhiya have passed).

And Allah Knows Best

(Shaykh) Zakariyya ibn Yusuf

Edited and Approved by:
(Mufti)

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

Penalties in Hajj

http://islamqa.org/hanafi/daruliftaa/8389

A few years ago I performed Haj. On the second night of tashreeq we finished our tawaf al ziyarat very late, and stayed in Makkah, rather than attempting to return to Mina. It was midnight, and we had spent approximately 6-7 hours trying to do the tawaf and sa’i. At the time I asked a mutfi, what the status was. He said we had left the Sunnah by staying in Makkah, but that no dam [penalty sacrifice] was liable. Others have told me that if you do not stay in Mina these nights there is no harm if you are in the Haram, and the hotel we were in was in area that maybe part of the Haram, as the jamat of the salah used to go way further than our hotel.

Recently, someone who follows Hanbali fiqh has put doubt in my mind as to whether I should have done a penalty sacrifice or not for not being in Mina on the second night [i.e. 11th of Zul Hijjah].

Q1: Should I give a penalty for this?

Q2: Am I correct in thinking that this has to be given in Makkah or Mina if it needs giving now?

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

The great Hanafi jurist (faqih), Mulla Ali al-Qari (Allah have mercy on him) states in his excellent and one of the most reliable works on the topic of Hajj in the Hanafi School, al-Maslak al-Mutaqassit:

“When one completes the Tawaf al-Ziyarah, one should return to Mina…..One should not spend the night in Makkah or on the way (m: to Mina), because spending of the Mina nights (baytuta) in Mina is a Sunnah according to us (m: Hanafi School) and Wajib according to Imam Shafi’i (Allah have mercy on him). If one spent most part of the night in other than Mina, then this will be considered somewhat disliked (makruh tanzihan), but there will be no penalty necessary on such a person according to us. It is a Sunnah to spend the nights in Mina during the days of pelting (rami).” (See: Manasik of Mulla Ali al-Qari, P. 234-235)

Thus, in the Hanafi School, it is a Sunnah to spend the nights of Mina in Mina. To spend the nights elsewhere is Makruh Tanzihan, hence not doing so does not necessitate a penalty (dam).

However, one should remember that one should not take this Sunnah lightly. One should not leave the Sunnah of the Messenger of Allah (Allah bless him & give him peace) merely for the sake of little comfort. The nights spent in Mina are much more virtuous than a comfortable night in the hotels of Makkah.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK


http://seekershub.org/ans-blog/2010/11/27/what-expiation-is-required-for-accidental-violations-of-ihram-during-hajj/

Question: Asalamu Alaikum,

I recently came back from Hajj, Alhumdulilah, and had a few questions on Ihram violations. In each of the three scenarios mentioned, do I owe a dam or charity? Also, when and where do I owe them. JazakAllah khair for your help!

Answer: Assalamu alaikum wa rahmatullah,

I pray this reaches you in the best of health and faith.

1) My wife had to scratch her head knowing that her hair might come off while she was doing so, but because the itch was bothering her, she scratched her head and a hair was removed. Does she owe a Dam? Also, should this Dam have been given during the Hajj time or can I have someone in Mecca that we know pay for a Dam to be sacrificed in the Haram?

With respect to prohibitions, accidental violations are not sinful but still require expiation. Yet a sacrifice of a sheep [dam] is due only for removing a fourth or more of one’s hair. Hence she only owes donation, namely, about 2.2 kg of wheat or its equivalent monetary value to a poor person. This donation is not specific to any place, as opposed to the sacrifice [dam] which if necessary, must be performed within the Sacred Precinct [haram]. If a sacrifice were necessary yet one had already returned home, one could have someone else over there do it on his/her behalf, even after the time of hajj.

But again, the answer to your question is that a donation is due, not a sacrifice.

2) I had a money pouch around me during Ihram. Before I put my Ihram on, that pouch had a bottle of perfume in it. While I was in Ihram, I put my hand in the pouch and touched the perfume and realized it was there. I picked it up and threw it out, but in the process of doing so, my fingers got the perfume scent on them. Also, scent was coming from the perfume bottle that was located in my pouch probably for about 3 or 4 hours while I was in Ihram before I discovered it.

It is unlikely that your entire hand got scent on it, so because it was less then an entire limb, only a donation is due [as detailed above], not a sacrifice. The perfume in the bottle/pouch is of no consequence.

3) I accidentally used liquid soap in a public restroom on my hand but quickly washed it off as soon as I put it on when I realized I wasn’t supposed to.

If it were scented and was applied on your whole hand [i.e., one entire limb] or more, then one sacrifice [dam] would be due. As outlined above, this is not time specific but is place specific. So if you know anyone in the Sacred Precinct, or the next time you know someone going for hajj or umra, just ask that person to do a sacrifice of a sheep on your behalf.

[Shurunbulali, Maraqi l-Sa`adat, “Ascent to Felicity” with footnotes]

And Allah knows best.

wassalam


http://www.askimam.org/public/question_detail/27386

Title: If I did my halq after the time the bank told me, is it done? If I found stains of stool on my underwear after Tawaf e Wida, and am not sure if it happened during or after Tawaf, is Tawaf done?

Question

1. I done my Hajj qurbani by paying qurbani money to saudi government farms. they told me to do halaq at 10AM on 10th Zil hajj and i done that. As i am Hanafi i am still confused whether they did my qurbani before 10AM or not. Please guide me, i dont know if it is my waswasa?

2. on my last day in Makkah i done tawaf e wida but i was suffering from stomach upset. I was with wudu alhamdulillah in whole tawaf but after leaving Makkah on the way to madina i saw yellow stains of stool on my underwear, Now i am confused whether it was after tawaf or during tawaf. Please help me in this critical situation by answering my questions.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa rahmatullāhi wa barakātuh.

1. In principle, if one shaves his head (halq) before dhabh (slaughtering the animal) in Hajj Tamattu‘ or Hajj Qirān, he will be liable for dam. [1] Those who place their order for dhabh through the banks must acquire the time for slaughter from the bank, and then verify that it has been slaughtered at that time, either by attending the slaughter place personally or by sending someone to do so on his behalf who will confirm for him that his animal has been slaughtered. If this is not done, since there is a likelihood that one performed the halq before dhabh, he will have to give dam out of precaution. [2] Hence, if you performed Hajj Qirān or Hajj Tamattu‘, you should slaughter a sheep or goat in the Haram with the intention of dam. 

1. In principle, the one who is certain he was in the state of wudū’, and unsure about having broken it, he will be considered as having been in the state of wudū’. [3] Since you are unsure whether your wudū’ broke at the time of Tawāf Wadā‘ or after it, you will be regarded as having been in the state of wudū’ at the time of Tawāf. Hence, your Tawāf is valid. 

http://askimam.org/public/question_detail/12613.html

Title: how many qurbani must b made after shaving head in hajj 1 or 2?

Question

Answer

There are two types of animal sacrifices: a) Qurbaani and, b) Damm

Qurbaani is that sacrifice of an animal during Eid-ul-Adha. This is not related to Hajj. Qurbaani is compulsory upon every adult Muslim who has at least the possession of the Nisaab of Zakaat during the 10, 11, 12 of Dhul-Hijjah.

Damm is a sacrifice related to Hajj. If a person performs Umra together with Hajj, whether in one Ihraam or separate Ihraams (Qiraan or Tamattu), then the Haji must sacrifice a goat, sheep or 1/7 share of a camel. This is known as Damm-e-Shukr. It is to thank Allah for the opportunity to perform Umrah together with Hajj.

There is another type of Damm known as Damm-e-Jinaayat. This is, when a person violates the laws of Ihraam, he has to pay a penalty by sacrificing a goat, sheep or 1/7 camel. At times, an entire camel has to be sacrificed depending on the nature of the violation.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

http://www.askimam.org/public/question_detail/18850

In the name of Allāh, Most Gracious, Most Merciful 

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh 

In principal, a person has to don the ihram at the time of crossing Meeqat if he has the intention of performing Umrah.

If your brother’s intention was only to visit you, then dam will not be necessary. However, if his intention was to visit you and perform Umrah, then dam (sacrifice of a goat or sheep)  will be necessary. The nearest Meeqat is Al-Rabigh (Juhfah) which is almost 150 km away from Jeddah. 

(Ap kay Masail, Vol.4, Pg.101, Maktabah Bayyinaat)

It is necessary for a person to cut the hair within the haram. Not doing so will render a dam compulsory upon the individual.

(Al Jami Sagheer, Pg. 165) ^[1]

Once they have returned from Madinah to your place, they will be considered residents (muqeem) of Jeddah. If they want to perform Umrah again, Ihram could be donned from Jeddah.

(Ap kay Masail, Vol.4, Pg.101, Maktabah Bayyinaat)

If the hair is shorter than a finger tip, it will be compulsory to shave the head. One dam will be compulsory upon him. If the car was in haram, there will be no dam upon her.

You can don the ihram from your home whether you are performing for yourself or on behalf of someone else.

Two dams will only be necessitated when:

-When two  mistakes of different nature are committed.

-When one  mistake is commited at different times

For further enlightenment on this issue, please consult with your local Ulama

We suggest you to read the kitaab “Muallimul Hujjaaj” written by Molana Saeed Ahmad Sb (R.A)

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum  

Ml. Abdur Rahman Shareef,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

http://www.askimam.org/public/question_detail/19131

Having completed hajj I made my way to Medinah and after that I asked my ticket to be extended. As a result I traveled from Medina to Jeddah with my tour group. They issued me my passport and I then had my father-in-law pick me up from Jeddah and we made our way back to Makkah.

My question is my understanding was that I had to make intention of my ihram from Jeddah, but having spoken to my father in law, he advised that I should have done so from medina, but the issue would have been that all the other passengers would be in normal clothes and I would have been in ihram which could have caused problems for me as there are normally checks and questions would have been asked.

Anyways I did not wear the ihram at Jeddah as my father in law advised not to do so, so I would like to know what I need to do like nafl umrah from say masjid Ayesha and/or Dam? As my intention was to always travel to Makkah.

My other question is my wife lives in makkah and mostly every year she performs hajj but wears her nikab over her face during hajj/ihram, as she does not want to fulfill 1 fard and leave another as she is very strict in wearing the niqab alhumdulillah. She is not comfortable wearing the English type cap under her niqab as she finds it hard to see properly. My question is does dam become compulsory on her or is giving sadqah sufficient enough? I believe my father in law previously has given sadqah on her behalf but this year she has now become my responsibility and I wish to ask the learned scholars for their guidance.

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1.) The meeqat for those coming from the direction of Madinah is Dhul-Hulayfah(also known as Bi'r Ali or Abyaar Ali). There is another meeqat called Juhfah, closer to Makkah. You could have entered ihraam there as well, although the meeqat of Dhul-Hulayfah is preferred for those coming from the direction of Madinah.

Since your intention was to travel to Makkah for Umrah, and you bypassed the meeqatwithout entering into ihraam, a damm is now obligatory. Had you traveled back to any point of meeqat and made ihraam from there before starting the rites of Umrah, the damm would have been erased. [i] [ii] [iii] [iv]

*Damm: Refers to the slaughtering of a goat, a sheep, a one-seventh part of a cow, or a one-seventh part of a camel within the precincts of the Haram in lieu of certain violations made while performing the manaasik (rites) of Hajj and Umrah. 

2.) To have a piece of cloth touching the face while in ihraam is not correct if it is done intentionally. Pious women from the Sahaabiyyaat (radiyallahu anhunna) to our times have been concealing their faces while not letting the cloth touch the face. Your wife should find an alternative solution that would allow her to maintain her niqab in ihraam without having a piece of cloth touch her face.

If the face is covered for a period of less than 12 hours at a time then sadaqah is wajib. If the face is covered for a period of 12 hours or more at a time, then a dammwill be obligatory. The penalty will apply only once since she intends to keep re-wearing the niqab for the same reason (i.e that of not being able to see with the cap extension). Multiple sadaqahs or damms will not apply if your wife removes the niqab and wears it again while in ihraam. [v] [vi] [vii]

*The amount of sadaqah is half a Saa' (1.75kg to 2.32 kg / 3.86 lb to 5.11 lb) of wheat (or its monetary equivalent which is equal to the amount given for Sadaqat-ul-Fitr) 

And Allāh knows best.

Ml. Sohail Bengali
Chicago, IL (USA)

Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)

Under the Supervision of Muftī Ebrahim Desai (South Africa)

http://askimam.org/public/question_detail/2748.html

Respected Mufti Sahab, As-Salaamu Alaykum Wa Rahmatullahi Wa Barakatuhu. If a person unknowingly brushes his teeth while in Ahram. He has to pay Dam or Sadka?h? If Sadka?h what value and where should he pay in Mecca Mukarrama?h or his place? Jazak?um?llah Khair. Was Salaam.

Answer

Respected Brother-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

If a person uses toothpase in the state of Ihraam, then he will have to
slaughter a goat or sheep as a penalty (dam). The animal must be slaughtered
within the boundaries of the Haram.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT. 

http://askimam.org/public/question_detail/30851

My Question related to Hajj.

I have done Hajj this time 

I went outside the hadood to meet a friend at that time i was not aware of this Hadood.

then a Friend o mine called me and told me that you will do Dam now.

kindly solve my issue, if i have Dam than i will do it if not.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

At the outset, the enquired situation is going to be one of the two:

1. You left the boundaries of Haram while you were in the state of Ihram and did not complete the rituals of Hajj or Umrah, or 
2. You left the boundaries of Haram after completing the rituals of Hajj or Umrah 

In the first situation, after entering into Ihram and making Niyya for Hajj or Umrah, one should complete the rituals of Hajj and Umrah without exiting the Hudood of Haram. The Mu’temireen (those who put on Ihram for Umrah) have to remain in the boundaries of Haram until they shave their heads. And the Hujjaj (those who put on Ihram for Hajj) have to remain in the state of Ihram until the Day of Sacrifice (the 10th of Dhul Hijjah after sacrificing). Therefore, if someone had to leave the boundaries of Haram while he was in the state of Ihram, he will have to give Dam.[1]And if someone left the boundaries of Haram after coming out of Ihram, he will not have to give anything. However, if he exits the boundaries of Haram and then enters into the boundaries again, he will have to enter in the state of Ihram, or else he will have to give Dam.

In the enquired situation, if you left the boundaries of the Haram to meet your friend while you were in the state of Ihram, you will have to give Dam, and if you went to meet him after completing the rituals of Hajj or Umrah, then Dam will not be necessary, with the condition that you do not enter the Haram without Ihram.[2]

And Allah Ta’āla Knows Best

Asim Patel

Student Darul Iftaa
Venda, South Africa

Checked and Approved by, 
Mufti Ebrahim Desai.

www.daruliftaa.net



http://islamqa.org/hanafi/askimam/12743

1. Is it permissible for a female to wear the normal purdah (face covering) while in Ihraam? 2. Can one use vaseline in Ihraam, and if so, which type? Due to skin irritation, a person scratches his face under his beard. This sometimes results in hair falling. If this is done while in Ihraam, and some hair falls off, what should one do? 4. If hair falls of the beard as a result of stroking the beard while in Ihraam, what should one do?

Answer

1. A female in Ihraam may wear her Purdah in such a manner that it does not touch the face. This may be done by wearing a cap type headgear that will stop the Purdah from going on to the face.

2. It is permissible to use scentless vaselines in Ihraam.

3. Scratching or stroking resulting in the hair falling does not constitute Dam (penalty). However, if intentionally a person plucked his beard, Damm will not become necessary, but one should give Sadaqah. (Hidaaya vol.1 pg.267; Ilmiyah)

and Allah Ta’ala Knows Best

for: Mufti Ebrahim Desai
FATWA DEPT

Q: What is the penalty when ones hair falls off during ihraam?

---

A:If the hair falls off on its own then there is no penalty. If the hair falls out while making wudhu then for every three hairs one handful of wheat must be given in sadqa. If he plucks out the hair himself then
for every hair he should give one handful of wheat in sadqa.