1. Hajj is among the social acts of worship. It has great
significance both spiritually and socially. In a way, it is akin to
I’tikaf, in that it is a step into the realm of the Almighty. The
difference is that in I’tikaf the experience is individual, whereas in
Hajj it is collective where all Muslims charged with the obligation or
embarking on the devotion voluntarily seek to be at the same place and
time to practice the same set of rituals.
In certain parts and obligations, Umrah is like Hajj. After
assuming ihram, Umrah’s scope is confined to attending at al Masjidil
Haraam, Safa and Marwah and carry out the required rituals there.
Hajj, on the other hand, has a wider scope where some of its rituals
have to be practiced outside Makkah, thus requiring travel to Arafat,
Muzdelifah, and Mina.
Generally speaking, Hajj is mustahab, except one’s first Hajj where
it is obligatory on the worshipper who can afford the journey. Umrah
Mufradah is also mustahab, except for the first one, which is
obligatory on the person who can afford it.
2. Those living more than sixteen farsakh i.e. between 86,4 to 88
km have to embark on Umrah then. Hajj thus performed is called Hajj-ut-Tamatu.
Umrah is the first part of Hajj-ut-Tamatu’.
Should such people not have the means to perform Hajj, yet can
afford to perform Umrah, the latter is not obligatory, although it is
mustahab to embark on it.
3. Those living closer to the Masjidul Haraam have to perform Hajj,
starting with Hajj and ending with Umrah. This type of Hajj is called
Hajjul Ifraad. Umrah here is regarded as an independent act of
worship, i.e. not predicated on Hajj, hence the name "Umrah Mufradah".
Should the worshippers, who live within the vicinity of Makkah, not
be able to perform Hajj, yet they can perform Umrah mufradah, it is
obligatory on them to perform it, contrary to the worshipper who lives
far away. This is because the Umrah of the distant worshipper is part
of their Hajj; and should they not be able to perform Hajj, Umrah
would not become obligatory on them.
The worshipper’s first obligatory Hajj is called Hajjatul Islam.
4. Every mukallaf, whether coming from a far-flung place or living
in the vicinity of Makkah, who wants to perform a voluntary Hajj, can
choose either Hajj-ut-Tamatu’ or Hajjul Ifraad. Should they wish to
perform Umrah outside the season of Hajj, they have to opt for Umrah
mufradah. That is, such a worshipper is not allowed to embark on
Umrat-ut-Tamatu’ because it is part and parcel of Hajj-ut-Tamatu’,
i.e. it cannot be performed outside the prescribed time for Hajj.
5. Umrah mufradah has no specific time. Should the worshipper
choose to perform it in a particular month, they can do so and repeat
same, if they so wish in the same month, let alone in the same week.
Being an integral part of Hajj, Umrat-ut-Tamatu’ cannot be
performed outside the months of Hajj, i.e. the start of Shawwal to the
ninth of Thil Hijjah, provided that it is feasible to perform Umrah,
wear ihram, and be able to observe wuquf at Arafat at midday of the
ninth of Thil Hijjah.
Since Hajj-ut-Tamatu’ is the most common type of obligatory Hajj
required from the majority of the faithful, we shall discuss it
1. The Obligations of
The obligations of Hajj-ut-Tamatu’ consists of those obligations
the pilgrim is required to fulfill in Umrat-ut-Tamatu’ to start with
and those required from him in Hajj-ut-Tamatu’ in the second place.
The Obligations of Umrat-ut-Tamatu’
6. The duties of Umrat-ut-Tamatu’ are five: Ihraam, tawaf, tawaf
prayer, sa’y between Safa and Marwah, and taqseer, i.e. clipping one’s
hair or nails.
Ihram comes on top of the list of duties. It has to be worn from
one of the five meqats )certain sites where the pilgrim is required to
wear ihram before entering Makkah( should the route take them through
any one of them. Should this not be feasible, wearing ihram can be
undertaken from a point parallel to any of the said meqats, or from a
place far away from Makkah by way of nadhr, provided that it be harder
than wearing ihram from the meqat; should nadhr be a sort of refuge
from troubles of ihram, it would not be valid and therefore such
irhram be deemed null and void.
The five meqats are:
a. Masjidush Shajarah, which is close to Madinah.
b. Qarnil Manazil, on the way from at-Ta’if to Makkah.
c. Juhfah. It used to be an inhabited village in yesteryears. It is
situated some two hundred and twenty km away from Makkah. It is way
away from the usual routes leading to Makkah from both Jeddah and
Madinah. However, the pilgrim has to go there, if they so wish
d. Wadil Aqiq.
e. Yalamlam .
Makkah is considered a meqat for Hajj-ut-Tamatu’, Hajjul Qiraan and
Hajjul Ifraad as will be discussed. The place of accommodation of the
mukallaf is considered a meqat, should it be closer to Makkah from any
official meqat. This also applies to those arriving for Hajj by air at
Jeddah; although it is sufficient to wear ihram from Jeddah, ihram
from Juhfah, and going back to Jeddah, is desirable on the basis of
7. How should one go about ihram?
Wearing the two garments of ihram, one like a sarong and the other
as a cover for the shoulder and the upper body, the pilgrim should
make niyyah to perform Umrat-ut-Tamatu’, as part of Hajjatul Islam.
The pilgrim should then chant talbiyah, i.e. (Labayka Allahumma labayk,
Labayka La Sharika Laka Labayk). Once talbiyah is over and done with,
the pilgrim enters into the state of ihram, in which case certain
things become out of bounds for them, such as sexual activity, wearing
perfume, and wearing stitched clothes, as will be discussed.
Before ihram, it is mustahab to perform ghusl, although this has
nothing to do with the validity of ihram, in that ihram shall be in
order even if the pilgrim is in either a state of janabah or haydh.
Wearing the two-piece ihram is obligatory on male pilgrims; it is
not so for women, in which case they can wear their ordinary clothes.
Once ihram is assumed, the pilgrim should head towards Makkah to
perform the second of devotions. i.e. tawaf around the Holy Ka’ba for
8. The way to conduct tawaf is by standing beside the location of
Hajaril Aswad, either close to or away from it, taking into account
that the Ka’ba is on the worshipper’s left. The worshipper should,
then, make the niyyah for tawaf of Umrat-ut-Tamatu’, and
circumambulate the Ka’ba seven times, starting each round from Hajaril
Aswad and ending it there.
For the pilgrim to embark on tawaf, they have to observe certain
a. Taharah from hadath.
b. Taharah from najasah.
c. Covering one’s private parts; this has already been discussed in
paras. (9 and10) of the General Guidelines for Prayer.
d. A male pilgrim should be circumcised. However, it has to be so
in the case of the discerning (mumayyiz) boy, who assumes his own
ihram. As for the undiscerning boy, or the discerning one who was made
to assume his ihram by his guardian, it is not clear whether they
should be circumcised, although circumcision is required as a matter
Harbouring any doubt as to the number of rounds of one’s tawaf is
bound to render it batil.
Making an eighth round with the intention of making it part of
one’s tawaf should render the tawaf null and void.
9. Once the pilgrim completes tawaf, performing tawaf prayer, which
is the third duty of Umrat-ut-Tamatu’, becomes obligatory. This prayer
consists of two ruku’s, i.e. similar to subh. The pilgrims have the
choice of reciting audibly or inaudibly. They should endeavour to
choose a place that is behind, but close to Maqam Ibrahim. Should this
not be feasible, performing prayer in any place in the Mosque could be
sanctioned, provided that it is behind the Maqam, not ahead of it, not
losing sight of the proximity of the prayer place to the Maqam. This
ruling is based on voluntary precaution.
10. After that, the pilgrim has to head towards Safa and Marwah,
close to al Masjidil Haraam. This is the fourth duty of
The way the pilgrim should go about it is thus: Making niyyah of
qurbah for sa’y between Safa and Marwah for Umrat-ut-Tamatu’ of
Hajjatul Islam, the worshipper must set out walking briskly from Safa
to Marwah and back seven times, four times from Safa to Marwah and
three times from Marwah to Safa; thus the end of sa’y should be at
In sa’y, it is not obligatory that the worshipper be in a state of
taharah neither from hadath nor from khabath; they do not have to
walk, in that they may be borne, even though they can walk.
Doubting the number of rounds while engaging in sa’y would render
it batil. Making an extra, eighth, round with the intention of
considering it part of sa’y should render it batil.
11. Once sa’y is completed, taqseer, which is the fifth and last of
the obligations of Umrat-ut-Tamatu’, becomes due. Clipping some of
one’s hair or nails would do; this does not have to be in a particular
12. Having done taqseer, the pilgrim can undo their ihram,
heralding the lifting of ban on certain things, apparently including
shaving, although one should, as a matter of ihtiyat, not embark on it
after the lapse of thirty days from Eidul Fitr. Should one knowingly
and deliberately do it, kaffarah, by way of sacrificing an animal,
should be paid, as a matter of voluntary precaution. The pilgrims can
then resume all the things/activities which were denied to them during
the period of ihram.
13. The pilgrim can also venture out of Makkah to nearby places,
such as Arafat, Jeddah, and Ta’if, if they are confident that they
would be back in Makkah in good time for ihram of Hajj.
The Obligations of Hajj-ut-Tamatu’
These are thirteen: ihram, wuquf at Arafat, wuquf at Muzdelifah,
ramy of Jamratil Aqabah, sacrificing an animal, shaving or clipping,
tawaf, tawaf’s prayer, sa’y, tawafun nisa’, the prayer of tawafun nisa’,
staying overnight in Mina, and ramy of the three jamarat on the
eleventh and twelfth of Thil Hijjah.
14. Ihram. This should be undertaken in exactly the same way it was
done in Umrat-ut-Tamatu’. The only difference is the niyyah; niyyah of
qurbah here should be made for Hajj-ut-Tamatu’. The place for this
ihram is Makkah, its time is before midday of the ninth of Thil Hijjah,
in such a way that the pilgrim should be able to make the obligatory
wuquf at Arafat.
15. Wuquf at Arafat. Having assumed ihram, the pilgrim has to be
present at Arafat at midday on the ninth of Thil Hijjah till sunset. A
delay, however, of one hour after midday can be tolerated. That said,
in no way can the pilgrim leave Arafat prematurely, i.e. before
16. Wuquf at Muzdelifah. Once it is sunset, the pilgrim should
leave Arafat and head for Muzdelifah (Mash’ar). What is required of
them there is to be present during the period from dawn till sunrise.
This is the most important part of Hajj obligations. Clearly, leaving
Muzdelifah to Wadi Muhassar slightly before sunrise can be tolerated.
However, it is forbidden for the pilgrim to get passed Wadi Muhassar
to Mina before sunrise. Spending the night in Mash’ar is not among the
duties; it is mustahab though.
17. Once sun shines on the pilgrim in Mash’ar on the tenth of Thil
Hijjah, they should make their way to Mina. They have to attend to
three types of duties there. Rami of Jamratil Aqabah, sacrificing an
animal (hady) and shaving or doing taqseer.
18. Rami of Jamratil Aqabah. Between sunset and sunrise is the time
span this duty can be carried out; it has to be done with seven stones
thrown consecutively, i.e. not at one go.
19. Hady. It is the sacrificial animal offered by the pilgrim after
completing rami discussed in the preceding para.
20. Shaving/Taqseer. It is obligatory on male pilgrims, not
females, to perform taqseer or shave their head, even if it was their
first pilgrimage; however, shaving is more superior, as a matter of
ihtiyat. Women should always perform taqseer.
By "shaving", we mean shaving the entire head; shaving, not
necessarily by uprooting the hair, i.e. by using a machine, can be
sanctioned; by "taqseer", we mean clipping some hair or cutting the
21. Once these obligations have been fulfilled, the pilgrims are
relieved of their ihram and can resume the things they were denied
during the period of ihram, except for wearing perfume, the company of
women, and hunting. After that, they should head for Makkah to do the
22. a. Tawaf of Hajj, which is similar to that of Umrat-ut-Tamatu’,
except for niyyah.
23. b. Prayer of tawaf, which is again similar to that of
Umrat-ut-Tamatu’, [except for niyyah].
24. c. Sa’y between Safa and Marwah, which is similar to that of
Umrat-ut-Tamatu’, except for niyyah.
25. d. Tawafun Nisa’ and its prayer, which are similar to those of
Umrat-ut-Tamatu’, except for niyyah. This applies to both the sexes.
26. Once Hajj, its prayer, and sa’y are over and done with, wearing
perfume becomes lawful. With tawafun nisa’ completed, sexual union
between man and wife can resume.
27. These obligations, i.e. starting with tawaf of Hajj and ending
with tawafun nisa’ and its prayer, can be embarked on the tenth or the
eleventh of Thil Hijjah. The worshippers are free, though, to delay it
beyond these dates, provided that they are performed during the month
of Thil Hijjah.
28. The pilgrim is required to stay overnight in Mina on the nights
of the eleventh and twelfth of Thil Hijjah. "Staying overnight" means
presence in Mina from the evening till midnight and from midnight till
dawn. On the day of the eleventh, the pilgrim must perform rami of the
three jamarat one after the other, i.e. the first, the middle, and
Jamratil Aqabah - which was stoned on the day of Eid. The way rami has
to be undertaken is the same as that done on the day of Eid. A repeat
of rami should be undertaken on the day of the twelfth. Come the
afternoon of the twelfth, the pilgrim is free to leave Mina, having
thus fulfilled all the obligations required of him.
This is a brief resume of Hajj-ut-Tamatu’. For more details, you
may consult our Manual on Hajj Rituals (Manasikul Hajj).
1. The Differences Between the Two Umrahs
The differences between Umrat-ut-Tamatu’ and Umrah Mufradah can be
summarized as follows:
29. a. Umrah Mufradah comprises an extra tawaf around the House
called tawafun nisa’, which is the last of the obligations of this
type of Umrah, contrary to Umrat-ut-Tamatu’ which requires one tawaf
30. b. In Umrat-ut-Tamatu’, ihram cannot be undone unless taqseer
is performed. In Umrah Mufradah, ihram can be undone after either
taqseer or shaving has been done.
31. c. As has already been mentioned, ihram for Umrat-ut-Tamatu’ is
not permissible, unless it is assumed from the meqats. In Umrah
Mufradah, it is permissible to wear ihram from Adnal Hil, in the event
of not going through those meqats. "Adnal Hil" means before entering
the area of Haram around Makkah, which the pilgrim is not allowed to
enter without ihram. However, it is correct to say that there is no
difference with regard to this point, in that it is permissible to
wear ihram from Adnal Hil for those converging on Makkah via routes
not going through meqats, or having overshot the meqats while not in a
state of ihram; that is, even if it was not for Umrah Mufradah.
32. d. Because Umrat-ut-Tamatu’ is part of Hajj-ut-Tamatu’ it
cannot be performed independent of Hajj, contrary to Umrah Mufradah,
which is independent of Hajj. Thus, those wanting to perform a
voluntary Umrah without Hajj, are required to perform Umrah Mufradah
33. e. Umrat-ut-Tamatu’ can only be embarked on during the months
of Hajj, i.e. Shawwal, Thil Qi’dah, and Thil Hijjah, whereas Umrah
Mufradah is valid throughout the year; however, Rajab is the best
month for performing it.
2. Differences Between the Two Hajjs
The differences between Hajj-ut-Tamatu’ and Hajjul Ifraad are the
34. a. The validity of Hajj-ut-Tamatu’ is predicated on the proper
performance of Umrat-ut-Tamatu’ which precedes it. On the other hand,
the validity of Hajjul Ifraad is not dependent on anything else.
35. b. Assuming ihram for Hajj-ut-Tamatu’ takes place in Makkah;
ihram for Hajjul Ifraad is undertaken from any of the meqats as is
done for Umrat-ut-Tamatu’; the meqats have already been mentioned in
36. c. Hady is obligatory as part of Hajj-ut-Tamatu’º; Hajjul
Ifraad does not require this. However, should the pilgrims in this
type of pilgrimage accompany with them a sacrificial animal, it
becomes obligatory on them to slaughter it on the day of Eid; such a
Hajj would then be dubbed "Hajjul Qiraan", in that the pilgrim offers
hady alongside Hajj.
3. What should the pilgrim in a state of ihram avoid?
38. As we have already mentioned, once the pilgrim assumed ihram
for Umrah or Hajj, they are barred from doing certain things; these
a. Hunting wild animals.
b. Sexual enjoyment, be it through intercourse, caressing, or
looking at the opposite sex; this includes engaging in marriage
contract; haraam too is seeking enjoyment by way of causing
c. Smelling perfume and flowers scent.
e. Looking into a mirror.
f. Wearing antimony.
g. Bleeding one’s body.
h. Lying and Swearing.
j. Killing insects found on humans, such as lice and fleas.
k. Applying oil to the body.
l. Removing hair from the body.
m. Cutting nails.
n. Dipping the head into water, or liquids, as a matter of ihtiyat.
o. Carrying weapons.
p. Uprooting trees and shrubs in the vicinity of the Haram.
q. Wearing ordinary clothes; this is particularly not allowed for
r. Wearing shoes that cover the top of feet, and socks; this is
particularly not allowed for men.
s. Covering the head; this is particularly forbidden for men.
t. Tadhleel (seeking shelter in the shade), i.e. of the kind which
accompanies the movement of the pilgrim, in day time and while it is
raining during night time - as a matter of ihtiyat. Other types of
tadhleel during night time are not disallowed. Examples of tadhleel is
the pilgrim’s embarkation on a ship, plane, or a car. Another example
could be of a pilgrim using an umbrella while walking; this is
particularly forbidden for men; however, they are allowed to sit
inside a tent or inside a stationary car.
u. Covering the face; this is confined to women.
v. Wearing gloves; this is confined to women.
For details, please consult our Manual on Hajj Rituals (Manasikul
4. When should Hajj become obligatory?
39. Hajj is obligatory on the adult who is sane, free, and can
afford the journey; affordability comprises the following elements:
a. Financial capability to pay for one’s return journey to Hajj,
for those wishing to return home; the cost of the outward journey for
those who do not want to return home.
b. Peace and security, i.e. personal safety as well as one’s
property en route and while practicing Hajj rituals.
c. Having borne the expenses for the journey to Hajj, the person
should still be able to resume their normal life ]style[ without undue
d. The person intending to perform Hajj should not be, right from
the moment they have the funds for Hajj, duty bound to spend it in
fulfilling another obligation, such as settling a debt which has
become due, provided that the creditor is demanding payment.
40. The provision of financial ability could be waived, if
there is a donor who can pledge to bear the cost of Hajj for the
mukallaf; in this case Hajj becomes obligatory, regardless of
whether or not they were in debt and so long as their acceptance
of the donation had no impact on settling the debt.
2. Hajj by Proxy
Hajj by proxy becomes obligatory in two cases:
41. a. The mukallafs may have the means, yet they could not perform
Hajj either because of illness or any other reason. In another case,
the mukallafs may as well have the means, yet they kept hedging so
much so that they became so weak that they could no longer be able to
perform Hajj personally. Once such mukallafs reach the conclusion that
they would not be able to make the journey, they should make
arrangements that someone else perform Hajj for them; it is desirable
though, as a matter of ihtiyat, that such proxy not be among those who
have been to Hajj.
42. b. Should Hajj have become obligatory on someone due financial
capability, yet they failed to perform it until they passed away, it
is imperative that arrangements be made to send someone to perform
Hajj on their behalf. The expenses should be met from their own estate
according to the following principles:
43. 1. If the deceased did not make any provisions in their will to
this effect, expenses should be met from their estate. In such a case,
the deceased will be eligible for the type of Hajj that is undertaken
from one of the meqats, which normally costs not as much as the type
of Hajj which is undertaken from the deceased’s hometown.
Where possible, a local person, i.e. among those who live in the
neighbourhood of the meqat, should be hired to perform Hajj for the
deceased, which if undertaken would do.
Wherever we say, "the expenses have to be met from the estate of
the deceased", we mean that such expenses should be taken out from the
entire estate first; what is left should, then, be divided into three
portions, one of which should go to the deceased. That is,
irrespective of the fact that the testator may have stipulated that,
for example, their own share be spent in the charitable avenues.
44. 2. Should the deceased have made provisions in their will that
Hajj be performed for them with the expenses met from their own
estate, spending from the estate for the type of Hajj that is
undertaken from his own hometown must be arranged. However, if the
executor of the will goes against the letter of the will by paying for
the type of Hajj that is undertaken from the meqat, because it is
cheaper, the deceased is absolved of the responsibility and therefore
there will be no need for repeating the Hajj.
45. 3. If the deceased had stipulated that Hajj has to performed on
their behalf and that one third of their estate be designated for
other purposes, their will should be complied with. Expenditure
arising from Hajj to be embarked on from their hometown should be met
from the estate, then the one third should be set aside from the
46. 4. The deceased may have made provisions in their will that
expenditure of a varied nature, including Hajj, must be met from their
bequeathable one-third. If their own share was sufficient enough to
meet all the expenditure, then be it. If not, in that it may be
sufficient for a half of all those liabilities, half of the expenses
of Hajj should be met from the share of the deceased and the other
half from the remainder of estate.
47. The inheritors may know that the testator was financially
capable of making the journey to Hajj, yet they do not know if they
performed Hajj. In such a case, they must forgo an amount of the
estate sufficient to hire someone to perform Hajj, from the meqat, on
behalf of the deceased.
48. Whoever passes away with a liability for Hajjatul Islam,
arrangements have, as a matter of ihtiyat, to be made, in the same
year they die, to hire someone to perform Hajj for them. It is not
permissible to postpone this to another year. Delay in making the
arrangements for sending someone to perform Hajj should not be
justified on the account that no one could accept the wages offered
for performing Hajj, from the meqat. Failure to do so should result in
meeting the expenses, for the type of Hajj that is undertaken from the
deceased’s hometown, from their estate.
Should the person to be hired to perform the proxy Hajj ask for a
higher than usual wages, provided that no one else can be found to
undertake the mission for less, it is obligatory to accede to his
request, as delay to another year cannot be sustained.
49. Someone may pass away leaving an estate which has liabilities
for both khums and money for performing Hajj by proxy. In this case,
priority must be given to paying the khums money; spending for Hajj
should be met from the remainder. If the estate is not sufficient for
both and either khums or zakat is available in kind, it is obligatory
to set it aside before Hajj money. Should it be a debt, Hajj takes
The person may have stipulated in his will that Hajjatul Islam be
performed on their behalf from their estate, despite the fact that it
carries a liability for khums. The executor of the will must settle
any khums liability first, then meet Hajj expenses from the remainder.
It is not permissible for him to pay for Hajj from the estate which
still has a khums liability.
50. Should the entire estate not be sufficient even for the minimum
amount of expenses for Hajj, Hajj should be waived. The estate should
therefore be divided among the heirs, provided there is neither debt
nor ]any other provision in the will. The inheritors should not stand
to supplement the expenses for Hajj from their own property. They are
not responsible too for contributing any money for Hajj, should the
deceased have no estate. This is irrespective of whether or not the
deceased did stipulate in their will that Hajj by proxy had to be
undertaken on his behalf.
51. Hajjatul Islam may become obligatory on a person. Death has
come sooner than performing Hajj. He did not make any provision for
performing Hajj by proxy. Someone has come forward and pledged to
perform Hajj on their behalf gratuitously. The estate should all go to
the inheritors. That is, they are not required to contribute anything
from it towards the expenses of Hajj for the deceased.
Assuming that the same person made a provision in his will that
expenses for Hajjatul Islam be met from his own share, i.e. of the one
third. Yet, a person volunteered to perform it on his behalf for free.
The inheritors should not hasten to consider this as a forgone
conclusion; they should take the initiative to use the same amount,
that could have been spent on Hajj, in those charitable causes closer
to the deceased’s heart.
53. Q. Are the inheritors justified in having the right of disposal
in the estate before hiring someone to perform Hajj on behalf of the
testator, should the latter carry a liability for Hajjatul Islam but
did not perform it in his lifetime?
A. Should the estate be vast enough and the inheritors make the
necessary arrangements for Hajj by proxy, they should have the right
of disposal in the estate.
54. Should the inheritors disagree among themselves, or rebel, as
to the liability, or lack of it, of the deceased vis-avis Hajjatul
Islam, what should the god-fearing among them do?
A. They are not required to bear all the expenses arising from
hiring someone to perform Hajj by proxy from their own share. However,
should the expenses amount to, say, one quarter of the estate, they
can raise one quarter of the total expenditure. Should there be a
person who volunteered to bear all the expenditure, they may bear a
quarter of the share; otherwise, they are free to dispose of their own
share the way they like.
54. Should hiring someone to perform Hajjatul Islam on behalf of
the deceased become obligatory, according to para. (42), and the
executors of the will did not comply in good time until the property
is done with, they stand to pay for someone to undertake Hajj for the
deceased from their own pocket.
Should the property be spent through no fault of the executors of
the will, they must not be made responsible; the expenses arising from
hiring someone to perform Hajj should be defrayed from the remainder
of the estate.
55. The testator may have made provisions for Hajjatul Islam. Yet,
after a while the executor of the will passed away; the heirs might
not know whether the executor implemented this provision of the will.
In this case, it is obligatory to defray an amount from the estate
sufficient to carry out Hajjatul Islam, in that it is not permissible
to rely on the possibility that the will has been implemented.
56. Should the testator direct that another Hajj, i.e. not Hajjatul
Islam, be carried out for him, the payment for such Hajj should be met
from his bequeathable one-third.
Should he stipulate that someone perform Hajj for him, without
stipulating what kind of Hajj it is, the expenses for such a Hajj
should be defrayed from his share in the estate, i.e. the one-third.
57. The testator may have directed that someone perform Hajjatul
Islam for him; he designated a certain amount for this purpose. Should
the amount be more than what is normally needed for the task, the cost
of the journey should be defrayed from the estate; the excess should
be added to the deceased share. Should the amount earmarked for this
purpose be sufficient, it should be defrayed from the estate too.
58. Should the cost of hiring someone vary according to the quality
of the hired person, it is imperative that someone, of a quality
commensurate with the [social] status of the deceased, be hired. This,
of course, should be the case, even if a-higher fee is going to be
paid, b- the cost is not going to be met from the share of the
deceased, i.e. the one-third, and c- there may be among the heirs a
minor or another one who might not agree to this.
However, there is ishkal (it is a grey area) in hiring for Hajj, if
it constitutes a burden on discharging other financial liabilities of
the deceased, such as debt and zakat, etc. for which the testator have
made provisions in his will.
59. Someone may owe the deceased a sum of money. The deceased has a
liability towards Hajjatul Islam. The debtor has his suspicions that
if he were to pay back the debt to the heirs, he would not use it for
Hajjatul Islam. In this case, the debtor have the right to spend of
what he owes for Hajj on behalf of the deceased. Should there be any
money left over, he should return it to the heirs. As for the way he
intends to pay for the Hajj journey, he may either hire someone to do
it or embark on it himself as agent for the deceased.
The Mandator and Agent
As you may already know that you cannot hire an agent to perform
Hajjatul Islam for the deceased, unless it had become obligatory on
them and they did not undertake it in their life time, or they were
well to do, but could not perform Hajj personally for a good reason.
60. As for voluntary Hajj, deputizing someone to perform it can be
embarked on behalf of the dead and the living alike, provided that the
mandator is Muslim.
Hajj by proxy can be effective, irrespective of the state of the
mandator, i.e. be they a discerning boy, adult, sane, insane, Shia or
61. There are, though, certain requirements which the agent has to
fulfill so that the Hajj they undertake be good enough. This, of
course, is irrespective of whether the agents were hired or they
volunteered to do it gratuitously.
a. Adulthood. Hajj would not be good enough if it was undertaken by
a boy, even though he may be capable of rational action, as a matter
of ihtiyat. That is, insofar as Hajjatul Islam and other types of
obligatory Hajj are concerned. However, a voluntary Hajj performed by
a boy with the blessing of his guardian should be valid.
b. Reason. Appointing an insane person as agent [to perform Hajj]
is not permissible. That is, regardless of the state of insanity of
the person, whether perpetual or transient; if transient, he should
not be employed during the periods of attack.
There is no harm in using an incompetent person (safih) for agent.
d. Physical Fitness. It is not permissible to hire someone to
perform Hajj by proxy who, it is known for a fact, is not in a
position to carry out voluntary devotions; this ruling is based on
ihtiyat. Even if such person volunteers to do the job, deeming their
work as valid is problematic.
However, there is no harm in hiring someone who is known for taking
to that which is haraam for a pilgrim in a state of ihram, such as
tadhleel, be it for, or without, a good reason.
The same applies to him who, even deliberately, drops certain
obligations of Hajj, i.e. of the kind that would not detract from it,
such as tawafun nisa’ and staying over in Mina the nights of the
eleventh and twelfth of Thil Hijja.
62. Should a person become duty-bound to perform Hajj for himself
in a particular year, he is not allowed to neglect such a duty for the
sake of undertaking to perform Hajj for the others. However, should he
go ahead and do it through carelessness, not ignorance of his
responsibility towards Hajj for himself, Hajj by proxy should be
63. Q. Is it possible to hire such a person to perform Hajj by
proxy in a year when they know they have a responsibility to perform
Hajj for themselves?
A. Such hiring cannot be sanctioned, if the prospective agent is
aware of their responsibility vis-avis Hajj.
Q. Should such hiring take place, is the person who entered as a
party in the hiring be liable for any payment of money?
A. The agent is eligible for the going rate of fees, in that should
the fee stipulated in the hire agreement be more than the going-rate,
the agent should not demand the excess amount because the hire is
64. Hajj by proxy does not have to be carried out on behalf of the
mandator of the same sex. That is, men standing in for women and vice
versa can be sanctioned. Nor does it make any difference whether or
not the agent has already been to Hajj.
65. There is no harm in deputizing one person to perform voluntary
Hajj for a group of people. This, however, is not allowed in
66. It is permissible for a group of people to act as agent, in a
given year, for performing Hajj for one person, regardless of its
individual intentions. That is, they may all mean to perform Hajjatul
Islam by way of ihtiyat on the basis that each one of them may think
that the others work may not be up to scratch; or it may be that some
may have intended to perform a mustahab type of Hajj and the others an
67. The deceased, for whom a person was hired to perform Hajj, is
not going to be absolved of the responsibility just for the mere
arranging of such a hire. Hajj by proxy can only stand the deceased in
good stead, if it is proved that it was carried out in a proper
manner. This applies to a living person who enters into a contract for
Hajj by proxy.
On this premise, in discharging their part of agreement, the agents
have to be trustworthy; better still if they were known for their
probity and reliability.
68. Although tawaf around the Holy Ka’ba is part of both Umrah and
Hajj, it is also an independent act of worship in its own right. Thus,
it can be embarked on, even without the need for the worshipper to
perform wudhu for tawaf itself. However, wudhu has to be performed for
the prayer that normally follows that mustahab tawaf, for no prayer
can be accepted, if there has been no wudhu.
A voluntary tawaf performed by a traveller )musafir( is more
superior to a voluntary prayer, contrary to those living in Makkah for
mustahab prayer performed by them is more superior than voluntary