A Commentary on Zad al Mustaqni' The Book of Rites Sh Salih al Fawzan

113 Pages·12.76 MB·English

♦
THE BOOK OF RITES
“The Book of Rites”: The author proceeds to discuss the laws pertaining to the
rites of pilgrimage. Manasik, as it is called in Arabic, is the plural of mansak
and actually means devotion (al-ta'abud). All acts of worship are termed
manasik. Allah says: {And for all nations We have appointed a rite [of sacri­
fice] (manasakan) that they may mention the name of Allah over what He
has provide for them of [Sacrificial] animals.}475
And He also says: [Say, “Indeed, my prayer, my rites of sacrifice, my living
and my dying are for Allah, Lord of the worlds.”}476 That is, the slaughtering
of sacrificial animals.
Linguistically and by origin nusuk (which is the root word of manasik) is a ref­
erence to devotion in all forms of acts of worship.477 Here, it refers to all forms
of rites associated with Hajj and ‘Umrah. It includes verbal and physical deeds
that are performed in both the major and minor pilgrimages as legislated by
Allah.478
* > .s * - *
Jjki) 0jA 0ja S- (J jildll I It jjp
Hajj and ‘Umrah are both wajib upon a Muslim who is free, mature and is
able to perform it once in his lifetime without delay.
475 Al-Hajj: 34
476 Al-An’am: 162
477 See al-Sihdh (4/1612).
478 See al-Mutla' (p. 156).
A Commentary on Zad al-MuAtaqni
“Hajj and ‘Umrah are both wajib upon a Muslim”: Hajj is obligatory upon
every Muslim. The disbeliever is not required to do so as long as he is a kafir.
This is because his Hajj will not be valid just like the rest of the acts of worship
he may perform. These acts become valid if he embraces Islam.
“Who is free”: Slaves are exempted. It is not wajib upon a slave to perform
Hajj as he is owned by his master and his role is to serve his master. Hence,
he is accorded a concession whereby Hajj is not wajib upon him as perform­
ing it takes time, requires travel and sustenance. Undertaking it will deprive
his master of the service he could have otherwise rendered. Furthermore, his
livelihood depends on his master which makes Hajj non-obligatory for him to
begin with. However, if amid his slavery he is able to perform Hajj, then it is
valid although it is a nafl (voluntary) act for him.
“Able”: I.e. he has the ability to travel and sustain himself during it. He must
be able to access a mode of transport to travel in. Allah says: {And [due] to
Allah from the people is a pilgrimage to the House, for whoever is able to
find thereto a way.}479
Regarding the word in the above ayah “al-sabit' (a way), the exegesis offered
by Ibn Abbas «&■ for this word here is “sustenance and transport.”480 He should
have enough food and money to sustain his journey and return, to sustain any
dependants from the time he departs until he returns and he should have a
mode of transport which will help him perform Hajj. The mode of transport
varies with time of course. Riding animals or travelling by car, steam ship or
airplane are all forms of transport that make it possible for him to perform
Hajj. He should be able to pay the required cost of these modes of transport.
This is what is meant in the ayah in regards to being able to acquire transport.
“To perform it once in his lifetime’: It is wajib upon a Muslim to perform Hajj
once in his lifetime. This is an ease conferred by Allah as performing Hajj in­
volves much travel and expenditure. Perhaps there are even hazards along the
way or during the pilgrimage that one has to face. These hazards may be due
to a lack of safety and security. Hence, Allah has made it easy for the Muslims
such that they need perform it only once in their lifetime.
479 Ali ‘Imran: 97
480 Reported by Ibn Majah (2897) with a marfu narration from ‘Abdullah ibn ‘Abbas.
632
The Book of Rites
The evidence for this is derived from the hadith in which the Prophet ^ said,
“O people! Verily Allah has prescribed for you the Hajj so perform it.” Al-
Aqra’ ibn Habis said, “Should one perform it every year O Messenger of
Allah?” The Prophet was silent for a moment and then replied, “If I say ‘yes’ it
would become obligatory and you would not be able to fulfil it. Do not ask me
more than what I have left you. Hajj is performed once and he who does more,
it is supererogatory for him.”481
“Without delay”: It is wajib to hasten to perform Hajj and not delay it. To
expedite it is one of the conditions of Hajj. A Muslim is deemed a sinner if he
delays performing Hajj without a valid excuse. The Prophet % said, “Hasten to
perform Hajj for verily none of you knows what awaits him.”482
♦ • s’ s’ ^ » £
(Jj tAJyu (J h-zal'j J
In the event that a slave is freed, the insane gains sanity or a child reach­
es puberty while at ‘Arafah during Hajj or before performing tawaf during
‘Umrah, then the obligation is fulfilled.
“In the event that a slave is freed, the insane gains sanity or a child reaches pu­
berty while at ‘Arafah during Hajj or before performing tawaf during ‘Umrah,
then the obligation is fulfilled”: If the conditions which prevent the perfor­
mance of obligatory pilgrimage are removed - as when a slave is freed, when an
individual regains sanity after losing it, or when one of the signs of attaining
puberty is evident in a child - then that person is considered to have fulfilled
the obligatory pilgrimage. This is provided that the above conditions are re­
moved before one embarks on the rites of Hajj and ‘Umrah. If the conditions
are removed during Hajj while he is in ‘Arafah, then his obligatory pilgrimage
(.Hajjatul Islam) is considered fulfilled. This is because standing at ‘Arafah is
the first rite which is a pillar of Hajj. If the conditions are removed while he
is standing there, the remaining part of the day he spends there is sufficient
to fulfil this pillar of Hajj. He then has to proceed to perform the remaining
rites until completion. If he is performing ‘Umrah, then he is deemed to have
fulfilled ‘Umrahtul Islam when the conditions are removed before he makes
481 Reported by Ahmad (1/255, 290), Abu Dawud (1721), al-Nasa'l (5/111) and Ibn Majah
(2886) from the narration of‘Abdullah ibn ‘Abbas.
482 Reported by Ahmad (1/313), Abu Dawud (1732) and Ibn Majah (2883) from the narration
of‘Abdullah ibn ‘Abbas.
633
A Commentary' on Zad al-Mustaqni
tawaf. If the conditions are removed while he is making the tawaf then he
is not deemed to have fulfilled 'Umrahtul Islam. However, he should proceed
with the rites for it will be considered as a supererogatory act of worship. He
should make plans to perform ‘Umrah in the near future so as to fulfil the
obligatory ‘Umrah.
s* ^ >o
CH "faj .U*Jlj
Pilgrimage performed by a child or a slave is considered a supererogatory
act of worship.
“Pilgrimage performed by a child or a slave is considered a supererogatory act
of worship”: Hajj or ‘Umrah performed by a child who is not of age is valid but
deemed a nafl act. This can be proven by the incident where a woman raised a
child towards the Prophet $s and asked, “Is this one required to perform Hajj
O Messenger of Allah?” He replied, “Yes. And you get the reward.”483 The
hadith is evidence for the validity of Hajj performed by a child. It is considered
as supererogatory and the guardian of the child gains the reward for it. How­
ever, the performed pilgrimage does not free the child from the obligation of
Hajjatul Islam.
Similarly, Hajj performed by a slave is only considered a supererogatory Hajj
and it earns him rewards. However, he must endeavour to perform Hajjatul
Islam and 'UmrahtulIslam as soon as he is freed.
o ^
cH jJl c-Lhi Juu alii al>-ljj talj C a fl\ ^ jiliJlj
^j1 Jl cAa&'Jlj
The able: He who is able to mount the mode of transport, has enough pro­
vision to sustain the journey and a mode of transport which befits his status
after all his dues, mandatory expenditures and basic needs are settled.
“The able: He who is able to mount the mode of transport”: This is the exe­
gesis for the ayah: {For whoever is able to find thereto a way.}484 The potential
pilgrim must be able to mount the riding animal, the plane or the car. If he is
483 Reported by Muslim (4/101), Ahmad (1/219, 244), Abu Dawud (1736) and al-Nasa'i
(5/120) from the narration of Abdullah ibn Abbas.
484 Ali ‘Imran: 97
634
The Book of Riles
unable to do so due to frailty of the body, terminal illness or old age, he does
not have to perform Hajj himself. He may appoint a representative to do it on
his behalf. This is due to the fact that his inability to do Hajj is a permanent
one.
“Has enough provision to sustain the journey and a mode of transport”: His
provisions should sustain the journey to perform Hajj and the journey back as
Allah says: {And take provisions, but indeed the best provision is taqwa.}4SS
It is not permissible for him to perform Hajj if he does not have the provisions
to sustain his journey. He should not be dependent on people or beg them
for it. The provision that he sets aside to perform Hajj should be that which
remains after all his basic needs and that of his dependants are taken care of.
He should not be tight-fisted in spending for his basic needs or that of his
children and other dependants, saying, “Spare nothing for the sake of Hajj.”
The provisions reserved for the Hajj trip should be over and above basic needs
like possession of the mode of transport with which he wants to set out to per­
form Hajj, the house in which he is living in and books that he requires. As for
luxuries, he may sell any that he possesses which he finds superfluous. If there
is any amount that remains after his basic needs and that of his dependants are
taken care of, he may use it to perform Hajj.
“Which befits his status”: The wealthy should ready a mode of transport suit­
able to their status. There is no restriction that they should choose one that is
meant for the poor. Similarly, the provision should befit his stature as a rich
man. He is not limited to make do with a poor man’s provision. The poor man
should equip himself with a mode of transport that befits a poor man and
prepare provision that is sufficient for him.
“After all his dues, mandatory expenditures and basic needs are settled”: The
money with which he performs Hajj should be in excess of dues binding upon
him such as debt. If there will be no money left after performing Hajj, then he
may do so only after acquiring permission from the lender or lenders. If not,
he has to settle their debt.
485 Al-Baqarah:197
635
A Commentary on Zad al-Mustaqni
If old age or incurable illness prevents him, then he must appoint a repre­
sentative who shall perform Hajj and ‘Umrah on his behalf if they are ob­
ligatory.
“If old age or incurable illness prevents him, then he must appoint a represent­
ative who shall perform Hajj and ‘Umrah on his behalf if they are obligatory”:
These people are termed as those who are able financially but incapable physi­
cally (al-gddir bi malihi duna nafsihi). He may appoint a representative to per­
form pilgrimage on his behalf provided that the factors preventing him from
performing Hajj are permanent, such as terminal illness or old age. A woman
asked the Prophet M whether she could perform Hajj on behalf of her father
who was obliged by Islamic legislation to perform it. She added that he was
very old and was unable to ride the animal on which he would need to travel
to perform Hajj. The Prophet M replied, “Yes, perform Hajj on behalf of your
father.”486 This is proof for the permissibility of appointing a representative to
perform Hajjatul Islam on one’s behalf provided that he is incapable of doing
it himself although he is financially sound.
“Then he must appoint a representative who shall perform Hajj and ‘Umrah
on his behalf if they are obligatory”: The representative must travel from the
country of the person he represents. This is because the person on whose be­
half Hajj is being performed must travel from his place of residence. The repre­
sentative must imitate the actions of the one who he represents were the latter
to have performed the Hajj himself. All expenses accrued by the representative
in his journey from that country until the time he returns to it is borne by the
person on whose behalf he performed the pilgrimage. This is an opinion.487
Another opinion, which is correct by the will of Allah, is that there is no
restriction that Hajj must be performed from the country of residence. If he
finds a person to perform Hajj on his behalf, the latter may do so from what­
ever location and the Hajj performed on his behalf is valid.488 The evidence for
this is the incident where the Prophet M heard someone say, “Labbaykka 'an
486 Reported by al-Bukhari (2/163), (3/23) and Muslim (4/101) from the narration of‘Abdul­
lah ibn Abbas.
487 See al-Insaf{3/405).
488 See al-Mughni (5/39).
636
The Book of Rites
Shubrumah" (I have answered Your call on behalf of Shubrumah). The Prophet
asked, “And who is Shubrumah?” To which the person replied, “A brother of
mine who died.”The Prophet asked, “Have you performed Hajj for yourself?”
And he replied in the negative. So the Prophet said, “Perform Hajj for yourself
and then perform it on behalf of Shubrumah.”489 The point to note is that the
Prophet % did not stipulate the he perform it by travelling from the country
where Shubrumah had lived.
i j j* o\j
It is valid for him if he recovers after [the representative] enters the state of
ihram.
“It is valid for him if he recovers after [the representative] enters the state of
ihram-. That is, the incapable individual who appointed another to perform
Hajj on his behalf. If that which prevented him from performing Hajj dissi­
pates before the representative enters the ihram, then it is obligatory for him
to perform it himself. The Hajj of the representative shall be considered a vol­
untary one from which he earns the reward. However, if that which prevented
him from performing Hajj dissipates only after the completion of the Hajj
rites by the representative or in the midst of performing it but after entering
into the ihram of Hajj, then the pilgrimage is deemed as Hajjatul Islam for the
person he represents.
°Ja j\ L fijj jJ*j j ^ ( J * >>*
7~\-~a C-■.««.* j\ l— .
^ *> *
A further pre-requisite for its obligation upon women: the presence of a
mahram. This can be her husband or any other male relative who she is for­
ever forbidden to marry, by way of blood ties or legitimate reasons.
“A further pre-requisite for its obligation upon women: the presence of a mah­
ram”: We have discussed earlier that there are four pre-requisites which make
Hajj obligatory: Islam, freedom, ability to perform Hajj and puberty. When all
these pre-requisites are met by a Muslim, Hajj becomes obligatory upon him.
Failing to meet even one of these pre-requisites will render Hajj non-obligato-
489 Reported by Abu Dawud (1811) and Ibn Majah (2903) from the narration of‘Abdullah
ibn ‘Abbas.
637
A Commentary on Zad al-Mustaqni
ry. Women haven a further pre-requisite: the presence of a mahram who must
accompany her for the pilgrimage. The Prophet said, “It is not permissible
for any woman who believes in Allah and the Last Day that she travels ex­
cept accompanied by her mahram" In other narrations: “A day and a night”,490
“Two days”, and in another narration, “Three days.”491 This is evidence that
women should not travel unless her mahram accompanies her on the journey.
Mahram: This is a male relative whom a woman is forever forbidden to marry
due to blood ties or legitimate reasons. This is will be explained in detail later.
The mahram must have attained puberty and be of sound mind. If a mahram is
not available, then she must wait until this pre-requisite is met. However, if she
has lost hope in finding a mahram to travel with, she may appoint a represent­
ative to perform Hajj on her behalf as it is not permissible for her to perform
it herself without the presence of a mahram. The hadith, “It is not permissible
for any woman who believes in Allah and the Last Day that she travels except
if accompanied by her mahram,”492 stipulates this prohibition clearly.
A man came to the Prophet 3g with a desire to partake in the battle and jihad
for the sake of Allah. He informed the Prophet M that his wife shall be per­
forming Hajj. He M then said, “Go and perform Hajj with your wife.”493 He
prioritised accompanying his wife to perform Hajj over his participation in the
battle and jihad for the sake of Allah. This is because a woman has weakness
and requires a person to look after her welfare, safety and needs.
Travelling is tiresome and filled with hardships. Travellers are exposed to dan­
gers and a woman may face fitnah and may be taken advantage of in the ab­
sence of her mahram. Therefore, the presence of a mahram is a pre-requisite
for Hajj to be an obligation upon a woman. That is, if she wants to perform it
herself. If a mahram is not available, then she may choose to wait and perform
Hajj when he is available or she may appoint a representative who will perform
Hajj on her behalf.
490 Reported by al-Bukhari (2/54) and Muslim (4/103) from the narration of Abu Hurairah.
491 Reported by al-Bukhari (3/76, 77) and Muslim (3/152) from the narration of Abu Sa’id
al-Khudrl.
492 Reported by Muslim (4/103) and Ahmad (2/347) from the hadith of Abu Hurairah.
493 Reported by al-Bukhari (3/24, 72) and Muslim (4/104) from the narration of Abdullah
ibn Abbas.
638
The Book of Rites
“This can be her husband or any other male relative who she is forever for­
bidden to marry, by way of blood ties or legitimate reasons”: Examples of a
mahram would be her husband, or those forever forbidden from marriage to
her: the father, paternal uncle, maternal uncle, brother and nephew. These are
mahram by way of blood ties.
A legitimate reason where a male becomes a mahram to a female is by way of
al-radaa (a foster relationship established by breast-feeding). Examples of a
mahram are her brother through nursing, father through nursing, grandfather
through nursing and maternal uncle through nursing. The Prophet M said, “A
relationship through nursing forbids that which is forbidden by blood ties.”494
What is impermissible for the child related by birth is also impermissible for
the one related through nursing (i.e. breast feeding). Allah, when mentioning
about prohibitions, says: {And your [milk] mothers who nursed you and your
sisters through nursing.}495 This is a legitimate reason for a male to be con­
ferred the status as a mahram to women.
Marriage is another legitimate reason. Her father-in-law and her husband’s
son are her mahrams too. Some scholars claim that a la an (oath of condemna­
tion) once established must lead to a separation between the spouses. It ren­
ders the woman forever forbidden to the man. However, this does not confer
him the status of a mahram.
“Forever”: Therefore ties with temporary prohibition are excluded. Examples
are his wife’s sister and maternal and paternal aunts. These women are for­
bidden to him as long as his wife is married to him. However, if he divorces
his wife or she dies, he may marry his ex-wife’s sister or aunt. Since these ties
are not forever forbidden to a man, he is not considered as a mahram to these
women.
2
• -
4lS j U»-j>-\ oUjJ CjL j\j *>■
If a person upon whom Hajj or ‘Umrah is obligatory dies, it is fulfilled on
his behalf using wealth he left behind.
494 Reported by al-Bukhari (7/12) and Muslim (4/165) from the narration of‘Abdullah ibn
‘Abbas.
495 Al-Nisa: 23
639