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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

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.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

Why was the exact date of Laylat al-Qadr concealed?

The wisdom behind this is to encourage Muslims to strive in worship throughout all the nights of Ramadan, or at least in the last ten nights. By doing so, they will earn the reward of observing Laylat al-Qadr as well as the reward of worshiping on other blessed nights.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

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