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Resolutions of Iftaa' Board

Resolution No.(134): "Ruling on the Second Sa`y in Hajj-at-Tamattu

Date Added : 05-10-2015

Resolution No.(134) (14/2009): "Ruling on the Second Sa`y in Hajj-at-Tamattu"

 

Date: 30/12/1430 AH, correspondng to 17/12/2009 AD

 

 

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its fifth session held on (30/12/1430 A.H)-(17/12/2009 A.D), the question concerning the Islamic ruling on offering  the  second Sa`y, after Tawaaf Al-Ifadaah, by the pilgrims who are performing the Tamattu type of Hajj.

After careful study and deliberation, the Board determined the following: 

In principle, a pilgrim performing the Hajj of Tamattu must assume the Ihraam of Umrah first and perform all its pillars and obligations such as: Tawaaf (circling the Kabbah), Sa`y, shaving hair, or shortening it , then get into  the state of  Tahallul (freedom to take off the Ihraam or leave it). After that, he must assume the Ihraam again for Hajj, and perform all its pillars and obligations such as Tawaaf, Sa`y and else since Hajj and Umrah are two independent acts of worship which can`t make up for each other. Allah, The Exalted, Says in the Holy Quran (What means): “And complete the Hajj or ’Umra in the service of God." {Al-Baqarqh/196}. Therefore, the Sa`y which he offered during Umrah doesn`t compensate for the Sa`y of Hajj since each act of worship must include a Sa`y of its own.

The above is the opinion of the four juristic schools: the Hanafites, the Malikites, the Shafites, and it is the preponderant opinion of the Hanbalites. In the Harams of Mecca and Medinah, Fatwaas are delivered in line with this opinion based on what the Prophet`s companions, who performed the Hajj of Tamattu, did at his time. He (PBUH) said (what means): “Make the intention of assuming Ihraam for Umrah first, and perform all its pillars and obligations, then get out of the state of Ihram. Afterwards, assume the Ihraam again for Hajj and perform all its pillars and obligations. “{Bukhari}. Allah, The Almighty, Said in this regard (What means): “He must make an offering, such as he can afford, but if he cannot afford it, He should fast three days during the hajj and seven days on his return." {Al-Baqarah/196}.

It is incumbent on every Muslim to follow what has been confirmed in the authentic Sunnah and applied by the Muslim jurists because it is more cautious in performing acts of worship such as Hajj since a Muslim sacrifices the most precious to perform this great act. Therefore, he needs not risk his Hajj and violate the followed opinions of the Muslim jurists. And Allah Knows Best.

 

 

The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Dr. Nooh Al-Qoudat

Vice-Head of the Iftaa Board, Dr. Ahmad Helayel

Sheikh Sa`eid Hijjawi/ Member

                                                              Dr. Yahia Al-Botoosh/ Member

              Dr. Mohammad Khair Al-Eesa/ Member

                                                            Judge. Sari Attieh/ Member

     Dr. Abdulrahman Ibdah / Member

  Dr. Mohammad Oklah/ Member

               Dr. Abdonnassir Abi Al-bassal / Member

Executive Secretary of the Iftaa Board, Dr. Mohammad Al-Khalayleh

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Summarized Fatawaa

If the fasting of nine years has accumulated upon me, I wish to make them up by dividing them over several years, as it is difficult to fast them all in one year due to their large number. Consequently, expiation will be due on me. Is it permissible to pay the expiation after completing all the make-up fasts, even if it takes years?
 
 
 
 
 

If the fasting was broken due to a valid legal excuse, it is permissible to divide the make-up fasts over several years based on one’s ability. However, if a person passes away before completing the make-up fasts, the heirs must fast on their behalf or feed one needy person for each missed day.
If the fasting was broken without a valid excuse, one must hasten to make it up. Should the person die before completing the make-up fasts, the heirs must either fast or feed the needy on their behalf. As for the expiation, it is calculated after completing all the make-up fasts. And Allah Knows Best.
 
 
 
 
 

Is it permissible to make up for missed fast after the beginning of the second half of the month of Sha`ban (the month before Ramadan)?

Yes, it is permissible, but one who had missed fasts should hasten to make up for them. As for the Hadith mentioned in this regard, the prohibition is for offering absolute voluntary fasting. And Allah Knows Best.

We collect funds from mosques and other sources, saying: "For the poor, the needy, widows, orphans, and those who do not beg insistently." After paying the stipends of the families registered with the Zakat Committee, an amount exceeding 6,000 dinars remained. Is it permissible for me to save it for upcoming months when I may not be able to collect the stipends?

These funds are received by the committee as representatives of the zakat payers to deliver zakat to those entitled to it. It is well-known that delaying zakat while being able to pay it is not permissible. Imam Al-Nawawi (may Allah have mercy on him) said: "Zakat must be paid immediately if one is able to do so, by the presence of wealth and the eligible categories." [Al-Minhaj] Therefore, the committee must distribute the zakat to the eligible recipients without installment payments or using it to purchase material goods for them, as the committee does not have authority over the poor to allocate it in this way. And Allah Knows Best.

What is the ruling on uncovering the eyes while wearing a Khimar?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
According to Sharia, a woman`s clothing shouldn`t be attractive so as to prevent sedition. However, it is better for a woman to be on the safe side and avoid such clothes. And Allah The Almighty Knows Best.

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