Translated by: Manal Samhat
Foreword
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 briefly.
1. The Obligations of
Hajj-ut-Tamatu’
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 voluntary ihtiyat.
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 seven rounds.
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 things:
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 of ihtiyat.
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 Umrat-ut-Tamatu’.
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 Marwah.
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 place though.
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 sunset.
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 nails.
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 following:
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 only.
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 not Umrat-ut-Tamatu’.
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 following:
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 para. (6).
36. c. Hady is obligatory as part of Hajj-ut-Tamatu’?; 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 are:
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 ejaculation.
c. Smelling perfume and flowers scent.
d. Beautification.
e. Looking into a mirror.
f. Wearing antimony.
g. Bleeding one’s body.
h. Lying and Swearing.
i. Wrangling.
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 men.
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 Hajj).
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 trouble.
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.
41.
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 remainder.
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 precedence.
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 Sunni.
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.
c. Faith.
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 deemed valid.
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 batil.
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 obligatory Hajj.
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 obligatory one.
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.
Voluntary Tawaf
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 tawaf.