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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 is the ruling if a postpartum woman becomes pure before forty days; are acts of worship obligatory upon her, and is she permissible for her husband?

If the postpartum woman becomes definitely pure before forty days, she must perform the ritual bath and perform acts of worship as a pure woman does. What was prohibited for her also becomes permissible, so she becomes permissible for her husband after her bath. The minimum duration for postpartum bleeding is a moment (an instant), and its usual maximum is forty days. Reaching forty days is not a condition; rather, it is sufficient for the blood to stop or to see the white discharge (qassa bayda'). And Allah the Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of another without their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is not permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else without their permission, except in the following cases: if he sacrifices on behalf of the members of his household, if a guardian sacrifices from his own wealth on behalf of his ward, or if the Imam (ruler) sacrifices from the public treasury (Bayt al-Mal) on behalf of the Muslims. And Allah the Almighty knows best.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

Is there a solution to put an end to thinking of worries during prayer?

Firstly, make ablution after the time for prayer begins and busy yourself with remembering Allah, The Exalted, before the iqaamah (start of prayer).In order to become humbly submissive during prayer, you must perform prayer in congregation. After the prayer ends, stay in your place and read the post-prayer remembrances (Adhkaar) and make supplication to Allah, The Exalted.

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