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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

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
There are several Sunnahs and etiquettes that are recommended for the person offering the Udhiyah (sacrifice) to observe, including:
 
1-It is Sunnah for the one intending to sacrifice to refrain from removing any hair or nails once the first ten days of Dhul-Hijjah begin. The Prophet (peace be upon him) said: "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch [remove] any of his hair or skin." [Narrated by Muslim]. If someone does remove any hair or nails, they have not committed a sin, and their sacrifice remains valid.
 
2-It is recommended for the person offering the sacrifice to slaughter the animal themselves. If they are unable to do so, they should witness the slaughter. The Messenger of Allah (peace be upon him) said to Fatimah (may Allah be pleased with her): "Stand and witness your sacrifice, for indeed, with its first drop of blood, your [previous sins] are forgiven." [Narrated by Al-Bayhaqi and Al-Tabarani; it is classified as a weak (da'if) hadith].
 
3-The animal should be positioned to face the Qiblah at the time of slaughter, as the Qiblah is the most noble of directions.
 
4-The slaughterer should say: "Bismillah ar-Rahman ar-Rahim" (In the name of Allah, the Entirely Merciful, the Especially Merciful). Even if one forgets to say it, the sacrifice is still permissible to eat. Allah (Blessed and Exalted be He) says: "So eat of that [meat] upon which the name of Allah has been mentioned" [Al-An'am: 118]. It is also recommended to send blessings upon the Messenger of Allah (peace be upon him) and to say "Allahu Akbar" (Allah is the Greatest) after the Tasmiyah.
 
5-The slaughterer should pray for the sacrifice to be accepted by saying: "O Allah, this is from You and for You, so please accept it from me." (Allahumma hadhihi minka wa ilayka, fataqabbal minni). And Allah the Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

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