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MORE ON HAJJ--MUSLIMS' EMPHASIS ON STYLE AWAY FROM THE SUBSTANCE ADVOCATED IN SUNNAH AND SHARI'AH

MORE ON HAJJ--MUSLIMS' EMPHASIS ON STYLE
 AWAY FROM THE SUBSTANCE 
ADVOCATED IN SUNNAH AND SHARI'AH

 Read ONLY,  IF AND WHEN you have time and mood for: 
 “An Ayah of the Quran for 30 Days” -- January 2014

Choose the section you have time, in the next 30 days to read this ayah:-

Prelude:                      Recurrent Primary Message       One                 Page
A Short Version:        For the Busy Bee                           Three              Pages
The Main Story:         Recommended                               Six                  Pages
Footnotes:                   For the Perfectionist                     Twenty five   Pages

PRELUDE
From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran. 

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion. 



THE AYAH

CONTINUED FROM PREVIOUS

Surah Al-e-Imraan (3), Ayah 97

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(NOTE:  I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main email will then be reasonable length, hopefully for the busy majority. What follows is not a sermon; hopefully it can be a humble attempt towards finding the “straight path”.) 

A SHORT VERSION
In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers. 
Further, we recall that Allah Ta’aala has declared in HIS Book1 “He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)” and we also recall that he has warned us about the day of judgement2 “Then on that day you shall most certainly be questioned about the boons (joy, pleasure).” We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us good and sincere Muslims who use their critical thinking to enhance the mundane for themselves and their families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh  -- in matters religion. 

Last month we studied several ayahs of the Quran regarding Hajj. To day I would like to portray Hajj as we do it. I do not intend to discuss the performance of various rites. I would like to assess if our Hajj reflects the message of the Quranic ayahs we read last month; do we realize the creativity and efficacy of our duties in Hajj. He who does not realize the essence of Hajj only brings back from Makkah a suitcase full of souvenirs and an empty mind. Read more.3 

Before setting out, a pilgrim should redress all wrongs, plan to have enough funds for his own journey and for the maintenance of his family while he is away, Your hates and angers toward relatives or friends must disappear. A strong and honest resolve to refrain from our past misdeeds on return from Hajj is paramount. Rights of others over you take precedence over performance of Hajj.

The show starts at Miqaat with the change into Ehraam; The scene resembles the Day of Judgment as every soul is shrouded in a “Kafan"…………5       

“Beware of stone worship, my Sisters and Brothers in Islam” I feel like warning after listening to the innumerable stories of the first sight of Kaaba. Made of dark rough stones laid in a very simple manner the Kaaba is an empty cube. It reflects no architectural skill.  This structure is not our destination. Kaaba is only a cornerstone, a sign to show the road. Hajj is an eternal movement toward Allah not toward the Kaaba. This structure has probably come just to symbolize Allah in the world. The Kaaba is the beginning and not the end…….6        

All throughout the Quran God commands us to stay away from stone and idols, yet during the visit to the Ka’bah, and at one of its corners, Muslims from all over the world push and shove their way ferociously to get to  ‘the black stone’ in order to touch it and kiss it. This smacks of  idolatry and appears to be in total violation of the Quran! Yet there are numerous ahaadith to support this idea, suggesting the ambiguity  of the hadith literature.7

Though I was thoroughly satisfied and happy on completion of one of my mandatory obligation, I am one of the very few Muslims who felt and suffered some inadequacies during the wonderful experience of Hajj. The behaviour and movement in Tawaaf was one of the main grievances. But now I completely agree with the scholar who portrays  the movement beautifully as souls  detached from themselves and moving collectively, carried  by a wave and not by their feet feeling high above the ground.

Next  in Sai’ you are to play the role of Hajar, “a poor woman, belittled Ethiopian slave and maid for Sara.” These are all of her qualifications in the human social system. This slave, in fact is the addressor of Allah, the mother of His great prophets. In this show of Hajj, she is the first and distinguished character and therefore deserves some details.

What greater attraction for a Believer than staying in Makkah with the Kaaba in the center. But not today; today we have to leave this center of attraction for our “Greater Pilgrimage”. March towards Arfaat; the pinnacle of the whole exercise. We are here to do what? NOTHING! Just keep looking. Look at WHAT? To quote Andre Gide'  "The glory should be in your look and not in what you are looking at". “Let your instincts and nature blossom under the clear sun of Arafat.”

Throwing the pebbles is symbolic of humans’ attempt to cast away evil and vice, not once but seven times – the number seven symbolizing infinity.

The Hajj is more than these elaborate rituals. The faithful hope that it will bring about a deep spiritual transformation, one that will make him or her a better person. If such a change within does not occur, then the Hajj was merely a physical and material exercise devoid of any spiritual significance. Once you are through and enjoying the Eid, it will be fruitful to recap the exciting experience you have gone through.10

Hajj is a religious and spiritual experience which we are expected to carry back with us and work on it for life time! Are we not completely losing sight of the spiritual meaning of  Hajj? Stark materialism and mindless  performance of the rituals seems to be in full force?13

All the five schools of fiqh agree that Hajj is  “once in a life time” obligation for those who can financially afford it and physically capable of it. If one cannot afford it or physically capable of it, Hajj is NOT obligatory. Yet Bequest, al‑Badl or proxy Hajj is common and popular, specially among the Hanafia. One of the basic principle of our Shariah states that the time for action and striving for Neki is during life. After death is the time for assessment without any room or time for action. I find the concept of proxy Hajj  against this principle. The importance of the subject and the divergence among the Schools call for a four page database.14 

Is there any immediacy (al-Fawry) for performing Hajj?  Is the duty operative as soon as it is due or can be delayed?  The opinions differ.15

Is there any basis in Shariah to support this penchant  for repeated Hajj which becomes a nafli or voluntary Hajj. This practice has earned a status symbol; a demonstration of extra piety.  It is generally accepted that a nafli Hajj does nor confer the rewards of a mandatory Hajj. It is relevant to add in this context that Shaikh Yusuf Qardawi, the eminent Muslim scholar has quoted an episode from Abdullah Ibne Mubrak who abandoned his 'nafal Umrah'  giving away all his booty to two starving little girls on way to Makkah. There are numerous ahaadith equalizing the reward of various other forms of worship to nafly or voluntary Hajj.16. It is relevant to note the extant casualties and deaths during Hajj directly related to the overcrowding.17 Given the intense crowd pressure, many leading contemporary fuqahaa discourage repeated nafli Hajj.

All the five schools agree that it is not required that a woman should obtain the husband's permission for the obligatory Hajj duty, nor may he prevent her from undertaking it. 

According to the ahaadith of our beloved Prophet, women cannot travel a journey of three days and three nights  (with the usual breaks for resting and eating) without the Mahram. As the traveling for Hajj these days from any  point on the planet  is far short of these limits, it should be obvious that this restriction is now redundant . Can you imagine, we are told in our Shariah that traveling three days and three nights on the camel back in the seventh century is “equivalent to 48 miles” in plane/automobile in the twenty first century! It sounds so illogical and weird, almost preposterous. But I have to be wrong about it somewhere because I recently witnessed sincere and educated Muslims accompanied by scholars, shaikhs and imams offering Kasr prayers at a grand three day MAS-ICNA Religious  Convention at Chicago under exactly the same logic: three days journey in the seventh century = traveling  forty eight miles in the twenty first century!

Out of the lengthy and confusing discussion on this issue of mahram19 the clear facts of Shariah, as I can see it are:
1) Our noble Prophet has prohibited women to travel  for more than three days and three nights without a Mahram
2) The general consensus of the four Sunni schools of law is that it is
impermissible for a woman to go for Hajj without her husband or a Mahram
3) The Shafi'i and Maliki Schools do allow a special dispensation for a woman who performs an obligatory hajj (her first hajj) with a group of upright people
4) The reason for the husband/mahram is her safety and security
5) The condition applies for all journeys, not restricted to Hajj only
6) Abu Hanifa does not consider Mahram obligatory  for the Hajj  if the distance between her and Makkah is less than three Marahil. (one marhala=one day and night).

May Allah Ta’aala Subhanahoo guide me in the right path, I feel confident to believe that the suggestion of a Mahram in our times is simply shortsighted and mindless anachronism. It is an injustice, a great injustice to our talented and gifted mothers, sisters, wives and daughters; injustice done NOT by the Shariah of the Divine but by the Fiqh of the mortals. However if you think otherwise, here is a long defense to support you with some convoluted legal reasoning. 20

What if one has only enough money either to get married or to perform the Hajj? Which of them is prior? Opinions again differ.21 

 “All sins forgiven once you perform Hajj” is one of the very popular and vigorous misconception among us based on interpreting a hadith literally out of all context.The Hajj pilgrimage is decreed by God once in a lifetime for those who can afford it. It is not an occasion for a general amnesty; it just cannot be!23

I cannot forget the tragic scene, our bus driving over a “road of carcasses” of slaughtered animals. This was during my Hajj in the sixties. Conditions have vastly improved now. However still a lot needs to be done to rise above the ritual of Qurbani towards the underlying spirit of submitting to the Will of God. The Ummah needs a sense of proportion. The common practice of extra and additional sacrifices for living and dead relatives, saints and teachers should be strongly curtailed. Let me add that ‘Qurbani’ is ‘wajib’ (necessary) according to Imam Abu Hanifah. A wajib is much lower grade than a fard in Fiqh. It is a “nafl” of the strength of  sunnat-e-muakkadah according to other Imams. .
........and Allah knows best. 

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

THE MAIN STORY

In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers. 

Further, we recall that Allah Ta’aala has declared in HIS Book1 “He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)” and we also recall that he has warned us about the day of judgement2 “Then on that day you shall most certainly be questioned about the boons (joy, pleasure).” We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us good and sincere Muslims who use their critical thinking to enhance the mundane for themselves and their families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh  -- in matters religion. 

Last month we studied several ayahs of the Quran regarding Hajj. To day I would like to portray Hajj as we do it. I do not intend to discuss the performance of various rites. This can be seen in the numerous books of rituals . I would like to assess if our Hajj reflects the message of the Quranic ayahs we read last month; do we realize the creativity and efficacy of our duties in Hajj. I want to share with you my perceptions of the significance of Hajj, borrowing sometimes  the language and style of gifted writers. Hajj literally means, “to continuously strive to reach one’s goal.” What goal are we trying to reach? Let us think why it is incumbent upon Muslims to perform this duty. We seem to be least concerned about realizing the meaning of the rites; instead we are obsessed about performing the rites themselves. Are we conscious of our intentions and have not forgotten its meaning. Do we know what we are doing and why? The rituals should not mislead us to overlook our purpose. All the ceremonies are "hints", "signs" and "symbols", so we should be on the look out to see what we are supposed to see. Procedures and techniques should not confuse us; the meanings should be understood while completing the formalities. During Hajj every action depends on and should be preceded by your intention. Any action without it may not accepted. A person only physically touches his forehead on the ground if he does not understand the meaning of prostration. He who does not realize the essence of Hajj only brings back from Makkah a suitcase full of souvenirs and an empty mind. Read more.3 

The first Englishwoman to perform the hajj, Lady Evelyn Cobbold, described in 1934 the feelings pilgrims experience during the wuquf at ‘Arafat.  It is very touching.4

Before setting out, a pilgrim should redress all wrongs, plan to have enough funds for his own journey and for the maintenance of his family while he is away, and prepare himself for good conduct throughout the hajj. Your hates and angers toward relatives or friends must disappear. A will must be drawn. Remorse and repentance for our past sins and misdeeds should be done consciously and strong and honest resolve to refrain from them on return from Hajj is paramount. Missed out fast and prayers should be made up. The zakat account should be cleared up. Violated oath should be expiated; any vow made to Allah should be fulfilled. One has to clear the debts and other dues in any form. Rights of others over you take precedence over performance of Hajj. If performed in such a situation would itself be sinful--and far from being accepted by Allah.

The show starts at Miqaat with the change into Ehraam; this symbolic step suddenly changes the whole atmosphere. The scene resembles the Day of Judgment. From one horizon to the other a deceptive  "flood of whites" appears as every soul is shrouded  the “Kafan"…………5       

Contrary to the practice in Indian sub-continent, I was lucky to perform my first Hajj as a young man because I had the privilege to accompany my late Dear Mummy. True to the common and pervasive belief of the fascination and magic of the first glimpse of Holy Kaaba, my Mum was also bewitched by the sight of the Kaaba, missed a step, fell, sprained her ankle and was confined to bed for the whole period. “Beware of stone worship, my Sisters and Brothers in Islam” I feel like warning after listening to the innumerable stories of the first sight of Kaaba. “Made of dark rough stones laid in a very simple manner with white chalk filling the fissures, the Kaaba is an empty cube - nothing else..…. There is no one! There is nothing to view! An empty room (cube) is visible. Is that all? Is this the center of our faith, prayers, love, life and death? It reflects no architectural skill, beauty, art, inscription, nor quality; and no graves are found there. There is nothing and nobody there to whom you can direct your attention, feelings and memories.” This structure is not our destination. Kaaba is only a cornerstone, a sign to show the road. Hajj is an eternal movement toward Allah not toward the Kaaba. This structure has probably come just to symbolize Allah in the world. The Kaaba is the beginning and not the end…….6        

All throughout the Quran God commands us to stay away from stone and idols, yet during the visit to the Ka’bah, and at one of its corners, Muslims from all over the world push and shove their way ferociously to get to  ‘the black stone’ in order to touch it and kiss it. Some even believe that the stone has the power to heal them, save them or bless them. This smacks of  idolatry and appears to be in total violation of the Quran! It is hard to believe that the Holy Prophet could have ever kissed, and thus idolized, a stone that has no power to "benefit" or "harm" anybody? Yet there are numerous ahaadith to support this idea, suggesting the ambiguity  of the hadith literature.7

 In the history of mankind, Ibrahim was the great rebel who opposed idolatry and established monotheism in this world and represents in the Quran an ideal submission. Dr. Shariati has forcefully portrayed his qualities.8

Though I was thoroughly satisfied and happy on completion of one of my mandatory obligation, I am one of the very few Muslims who felt and suffered some inadequacies during the wonderful experience of Hajj. The behaviour and movement in Tawaaf was one of the main grievances. But now I completely agree with -- actually I can relive and enjoy my past experience -- the scholar who portrays this encounter beautifully:
“If you remain in the state of self-centeredness, you are not really a part of the Tawaf circle. You will be like a visitor standing at the bank of a river, but not in it. Those who are detached from themselves are alive and moving collectively enter the system and move with the others. As you circumambulate and move closer to Kaaba, you feel like a small stream merging into a big river. Carried by a wave, not by your feet, you are detached from the ground. Suddenly, you find yourself floating and carried on by this flood.”

Next  in Sai’ you are to play the role of Hajar, “a poor woman, belittled Ethiopian slave and maid for Sara.” These are all of her qualifications in the human social system - in the system of polytheism, but not in the system of monotheism! This slave is the addressor of Allah, the mother of His great prophets, the messengers of Allah. In this show of Hajj, she is the first and distinguished character and therefore deserves some details.

What greater attraction for a Believer than staying in Makkah with the Kaaba in the center. But not today; today we have to leave this center of attraction for our “Greater Pilgrimage”. March towards Arfaat; the pinnacle of the whole exercise. We are here to do what? NOTHING! Just keep looking. Look at WHAT? To quote Andre Gide'  "The glory should be in your look and not in what you are looking at". You are free to do anything. Just remember that you are in Arafaat under the command of your Creator to fulfill one of your most important obligations to HIM and “ let your instincts and nature blossom under the clear sun of Arafat.” Keep swimming in this great ocean of mankind and stay connected to your Lord and Creator.

Throwing the pebbles is symbolic of humans’ attempt to cast away evil and vice, not once but seven times – the number seven symbolizing infinity.

The Hajj is more than these elaborate rituals. The faithful hope that it will bring about a deep spiritual transformation, one that will make him or her a better person. If such a change within does not occur, then the Hajj was merely a physical and material exercise devoid of any spiritual significance. Once you are through and enjoying the Eid, it will be fruitful to recap the exciting experience you have gone through.10

 Hajj had an enduring effect on El-Hajj Malik El-Shabbaz or Malcolm X. the African-Ameican civil rights leader.11

A 2008 study in conjunction with Harvard University found that the Hajj "increases belief in equality and harmony…..” among Muslims.12 

There has been substantial progress in the number of pilgrims during the last 92 years. Specially  the number of foreign pilgrims has increased phenomenally by approximately 2,824 per cent, up from just 58,584 in 1920 to 1,712,962 (1.713 million) in 2012; with Saudi pilgrims at 1,408,641 the total no. of pilgrims in 2012 was 3.161,573. 

Hajj is a religious and spiritual experience which we are expected to carry back with us and work on it for life time! Are we not completely losing sight of the spiritual meaning of  Hajj?  Stark materialism and mindless  performance of the rituals seems to be in full force. Is this a Hajj that reconnects us to great sage Abraham and through him to our Creator?13

All the five schools of fiqh agree that istita`ah (financial affordibility) is a requirement for Hajj to become obligatory as mentioned by the Qu’ranic verse:
 مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًا(“… whoever is able to make his way there” Surah 3:97)
Payment of the khums and zakat has priority over the Hajj. The condition of istita'ah is not realized until both are paid off. Thus it is  “once in a life time” obligation for those who can financially afford it and physically capable of it. If one cannot afford it or physically capable of it, Hajj is NOT obligatory. Yet Bequest, al‑Badl or proxy Hajj is common and popular, specially among the Hanafia. May Allah Ta’aala guide me, I cannot accept this verdict. One of the basic principle of our Shariah states that the time for action and striving for Neki is during life. After death is the time for assessment without any room or time for action. I find the concept of proxy Hajj  against this principle. Hence the ahaadith supporting such an act have to be Hadith-e-Mu’allal (defective hadith). Once a person expires without performing his mandatory obligation, the issue is between him and HIS Creator. Allah Ta’aala Subhanahoo has made it very clear in HIS Book that after death no mortal will get any respite to improve his Aa’maal Naama (inventory of his Deeds). That register is sealed till the Day of Judgement. We have the right and duty to make dua for them after our Hajj or Umrah and pray that Bari Ta’aala may bless them with the ajr (reward) of our worship. The importance of the subject and the divergence among the Schools call for a four page database.14 

Is there any immediacy (al-Fawry) for performing Hajj?  Is the duty operative as soon as it is due or can be delayed?  The opinions differ.15

Is there any basis in Shariah to support this penchant  for repeated Hajj which becomes a nafli or voluntary Hajj which according to a scholar “is recommended--not an emphasized sunna--in of itself.”  This practice has earned a status symbol; a demonstration of extra piety. It is based, as usual on a hadith: "Perform hajj and `umrah repeatedly, for they expel poverty and sins just as a bellows expels the scum of iron, gold and silver, and the righteous hajj has no reward other than Heaven.” [Narrated by Tirmidhi , Ibn Khuzaymah and Ibn Hibban, as in Tahdhib al-Targhib wa al-Tarhib, p. 202]). It is generally accepted that a nafli Hajj does nor confer the rewards of a mandatory Hajj.  Should we not consider the huge logistical, environmental, housing, hygienic, financial and security problems this “unnecessay?” rush for Hajj creates. It is relevant to add in this context that Shaikh Yusuf Qardawi, the eminent Muslim scholar has quoted an episode from Abdullah Ibne Mubrak who abandoned his 'nafal Umrah'  giving away all his booty to two starving little girls on way to Makkah. There are numerous ahaadith equalizing the reward of various other forms of worship to nafly or voluntary Hajj like going to the masjid to acquire knowledge or  serving one’s parents or fulfilling the need of a fellow Muslim or abstinence from the haraam.16. These have not to be taken literally but they do quantify the value of nafle Hajj in our Shariah. It is relevant to note the extant casualties and deaths during Hajj directly related to the overcrowding.17 In fact, given the intense crowd pressure, many leading contemporary fuqahaa discourage repeated nafli Hajj--in order to let others perform their obligatory Hajj, unless there is a reason (such as taking a spouse or parent, or performing Hajj on behalf of another, leading a group, etc).

All the five schools agree that it is not required that a woman should obtain the husband's permission for the obligatory Hajj duty, nor may he prevent her from undertaking it. 

According to the ahaadith of our beloved Prophet, women cannot travel a journey of three days and three nights  (with the usual breaks for resting and eating) without the Mahram. As the traveling for Hajj these days from any  point on the planet  is far short of these limits, it should be obvious that this restriction is now redundant . But consider this logic “ It must be remarked here that this refers to the distance usually covered by walking or on an animal in three days & three nights (equivalent to 48 miles). Therefore, the restriction of traveling with a Mahram applies if the distance of the journey exceeds this, even if the journey itself is accomplished in a shorter time.The great Hanafi Jurist, Imam al-Kasani states: “One of the conditions for the permissibility of a woman traveling for Hajj is that she is accompanied by her husband or a Mahram. If neither of them is accompanying her, then Hajj will not be obligatory.” Can you imagine, we are told in our Shariah that traveling three days and three nights on the camel back in the seventh century is “equivalent to 48 miles” in plane/automobile in the twenty first century! It sounds so illogical and weird, almost preposterous. But I have to be wrong about it somewhere because I recently witnessed sincere and educated Muslims accompanied by scholars, shaikhs and imams offering Kasr prayers at a grand three day MAS-ICNA Religious  Convention at Chicago under exactly the same logic: three days journey in the seventh century = traveling  forty eight miles in the twenty first century!

Interestingly, there is a hadith allowing a woman to go alone for Hajj. I find the discussion about this hadith very funny but interesting. You decide for yourself. 18

Out of the lengthy and confusing discussion on this issue of mahram19 the clear facts of Shariah, as I can see it are:
1) Our noble Prophet has prohibited women to travel  for more than three days and three nights without a Mahram
2) The general consensus of the four Sunni schools of law is that it is
impermissible for a woman to go for Hajj without her husband or a Mahram; even if she is old according to the Hanbali and Hanafi schools.
3) The Shafi'i and Maliki Schools do allow a special dispensation for a woman who performs an obligatory hajj (her first hajj) with a group of upright people, regardless of whether she is young or old, married or unmarried
4) The reason for the husband/mahram is her safety and security
5) The condition applies for all journeys, not restricted to Hajj only
6) Even those who give some relaxation for the obligatory Hajj, do not allow it for other reasons as female education. 
7) Abu Hanifa does not consider Mahram obligatory  for the Hajj  if the distance between her and Makkah is less than three Marahil. (one marhala=one day and night). Hence the  Hanafi school  stipulates the condition that her location should be at a distance of three days' journey from Mecca to require a mahram. A similar view is mentioned in al-Fatawa al-Hindiyya saying that, if the distance between her and Makkah is of less than three days, then she will perform Hajj without her Mahram.

May Allah Ta’aala Subhanahoo guide me in the right path, I feel confident to believe that the suggestion of a Mahram in our times is simply shortsighted and mindless anachronism. It is an injustice, a great injustice to our talented and gifted mothers, sisters, wives and daughters; injustice done NOT by the Shariah of the Divine but by the Fiqh of the mortal. However if you think otherwise, here is a long defense to support you with some convoluted legal reasoning. 20

What if one has only enough money either to get married or to perform the Hajj? Which of them is prior? Opinions again differ.21 

I read it for the first time an  opinion that Hajj can be performed any time in the four sacred months.22  Probably it is the opinion of the minority who completely reject the authenticity  of hadith.

 “All sins forgiven once you perform Hajj” is one of the very popular and vigorous misconception among us based on interpreting a hadith literally out of all context which again is a very pervasive Muslim culture.The Hajj pilgrimage is decreed by God once in a lifetime for those who can afford it. Throughout this unique occasion, the pilgrim should be in an enhanced state of worship glorifying God and seeking His forgiveness. To do this, naturally the pilgrim should be physically comfortable and mentally relaxed. However it is not an occasion for a general amnesty; it just cannot be!23

I cannot forget the tragic scene, our bus driving over a “road of carcasses” of slaughtered animals. This was during my Hajj in the sixties. Conditions have vastly improved now. However still a lot needs to be done to rise above the ritual of Qurbani towards the underlying spirit of submitting to the Will of God. The Ummah needs a sense of proportion between our duty of qurbani, supply of livestock, hygiene, spilling of blood, waste of food and feeding the poor. The common practice of extra and additional sacrifices for living and dead relatives, saints and teachers should be strongly curtailed. Let me add that ‘Qurbani’ is ‘wajib’ (necessary) according to Imam Abu Hanifah. A wajib is much lower grade than a fard in Fiqh. It is a “nafl” of the strength of  sunnat-e-muakkadah according to other Imams. . Each adult member of a family, if sahib-e-nisaab must perform his/her own ‘Qurbani’ separately. The person who is in debt should worry about fulfilling his debt. It is stated that our Holy Prophet performed sacrifice regularly at Eid-ul-Adha  during his ten year stay in Medina to teach Muslims the way of remembering the act of Ibrahim.(Tirmidhi). It is commented that he did this even though he was never rich enough to reach the nisab. 



........and Allah knows best. 

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

FOOTNOTES

(1) Surah 2/269
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(2) Surah 102/8
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(3) Maudoodi defines Hajj as “to make a resolve to visit a holy place: Visiting the Ka’aba in Makka is therefore called Hajj.” The Hajj, or Pilgrimage to Mecca, is a once-in-a-lifetime obligation -- the last among the five obligatory acts of Worship (arkaan) --, for those who have the physical and financial ability to undertake the journey;  one is actually commanded not to make the hajj if to do so would cause hardship for his or her family. To quote eloquent words of  Dr. Shariati “In essence, Hajj is man's evolution toward Allah. It is a symbolic demonstration of the philosophy of Creation of Adam. To further illustrate this, it may be stated that the performance of Hajj is a simultaneous show of many things; it is a "show of creation", a "show of history", a "show of unity", a "show of the Islamic ideology" and a show of the Ummah. The following conditions prevail in this "show". Allah (God) is the stage manager. The theme portrayed is the actions of the people involved. Adam, Ibrahim, Hajar, and Satan are the main characters. The scenes are Masjid-ul Haram, the Haram area, Masa, Arafat, Mashars and Mina. Important symbols are the Kaaba, Safa, Marwa, day, night, sunshine, sunset, idols and ritual of sacrifice. The clothing and make up are Ihram, Halgh and Taqseer. Lastly, the player of the roles in this "show" is only one; and that is YOU! Regardless of whether you are a man or a woman, young or old, black or white, you are the main feature of the performance. The role of Adam, Ibrahim and Hajar in the confrontation between "Allah and Satan" is played by you. As a result, you, individually, are the hero of the show".             

How did it begin? The Origin of Hajj is rooted in the Prophet Ibrahim’s life, peace be on him. Maulana Maudoodi has narrated in his beautiful style this  story to bring out true meaning and significance of Hajj and the benefits Hajj can bring to you (See this abridged yet long description at the end of this footnote). He concludes “This is the story of the beginning of that Hajj which is the fifth pillar of Islam. You now understand that Makkah was the headquarters for the mission of the first Prophet appointed to propagate the message of Islam. The Ka’aba was the focal point from where this preaching was spread across the world, and the worship rites of Hajj were introduced so that all those who chose to live in surrender to God alone should belong to one center where they could assemble every year, and go around it again and again. Their lives of faith were to be like the wheel tied to and revolving around its axle.”

Performing the rituals of Hajj provides a reminder of how the great prophets and teachers of faith established a deep and personal relationship with God. As the pilgrim makes his supplications to God, he realizes that He is asking of the same God that answered the prayers of those before him. These reminders are an important part of strengthening one’s faith, trust and dependence in God.

The faithful should hope that the Hajj will bring about a deep spiritual transformation, one that will make him or her a better person. If such a change from within does not occur, then the Hajj was merely a physical and material exercise devoid of any spiritual significance. Hajj teaches one to show sincerity and humilty in one’s relationship with God. The result of a successful Hajj is a rich inner peace, which is manifested outwardly in the values of justice, honesty, respect, generosity, kindness, forgiveness, mercy and empathy. Hajj is only for the sake of Allah and the heavenly reward is the exclusive objective; this is the Neeyah before one proceesd for this noble act. Any thought of worldly honour, vanity, selfish desight or financial advantage has to be avoided. 

 Maulana  Maudoodi: Life and Mission of the Prophet Ibrahim
Which Muslim, Christian or Jew does not know the name of Ibrahim (peace be on him)! Two-Thirds of mankind revere him as their leader. The Prophets Musa, Isa and Muhammad peace be on them, are all his descendants. It is the lamp of guidance lit by him that has for long illuminated the whole world.

Ibrahim’s Times
Ibrahim was born in what is now Iraq, over four thousand years ago. At that time the people had forgotten the One God. No one recognized him as the Master, no one lived in surrender and obedience to Him. The people among whom Ibrahim was born, while the most advanced in the world in art and science, industry and agriculture, were also the most steeped in ignorance and error. One simple they despite their technological advance, could not understand: anything, which has itself been created cannot be worthy of worship. Idolatry was the norm. Superstitions like astrology, idol-worship, divination, Witchcraft and use of talisman and amulets were widespread.
A priest class controlled the class controlled the temples, supervised worship rites and rituals, conducted marriage and funeral ceremonies, and claimed to be oracles able to disclose the unknown, foretell the future, and determine Divine wishes. And the people, in general, believed that they indeed had such powers, that they access to their deities, that they could intercede with them on their behalf or invoke their wrath to fall upon them. For them the priests were the lords of their fate.
The kings were in collusion with the priests, the two sides working together to keep the people under servitude. They gave full backing to the priests, and the priests made people believe that the king of the day, as well as being the owner of his country and complete master of his subjects, was also a god among other gods. His word was absolute. Indeed, worship rites were performed for and before the king so that the belief in his godhood came to be entrenched in the minds of his subjects.
In times like this, the Prophet Ibrahim was born into a family of privileged priests. His forefathers were high priests and it was quite natural that he should follow in their footsteps. He received the same education and training; the same gifts and offerings were awaiting him. Many adherents were eagerly waiting for the moment when they could bow their heads before him with folded hands. The ancestral seat of priestly power could be his for the taking.
In his dismal darkness, where not a single soul existed who knew or believed in the Truth, it would not ordinary have been possible for a man like Ibrahim to find its light, nor break away from the little of comfort and power mapped out for him by his family.

Commitment to the Truth
But the prophet Ibrahim was no ordinary man; he was made of different stuff. On reaching maturing he began to reflect thus: How the sun, moon or stars, which are rotating as if by order like slaves, and these stone idols, which are made by man himself; and these kings, who are beings like ourselves, be gods. What is there in these powerless objects, which cannot move of their own volition, which have no power to help themselves and have no control over their own lives and deaths, that man should worship them, seek fulfillment of his wants from them, fear their powers and submit in obedience to them? Among all the objects on earth and in the heavens, there is not a single one which itself is not subject to some higher power and which does not fade away into oblivion at some time or other.
When none of them is my creator, when neither my life nor death is in the hands of any of them, when none of them possesses the key to my of substance or the fulfillment of my needs, why should I accept them as lords, surrender to them, and obey them? Only that Being can be my Lord who created all things, on whom depends everything and in whose hands are the lives and deaths of all people.
These thoughts led the Prophet Ibrahim to the decision that he would never worship the deities, which his people worshiped, and he openly declared before them.

Let Us Be Muslims
O my people, I am quit of all those you take as gods beside God. I have turned my face unto Him who brought into being the heavens and the earth, having turned away from all false gods; and I am not of those who take gods beside God (al-An’am 6: 79-80)
Tribulations and Calamities
No sooner had he made this declaration than tribulations and calamities of the greatest magnitude descended on him. His father threatened him with expulsion from the family home. His community warned him that no one among them would give him refuge. And the government officials insisted on his case being brought before the King. But Ibrahim, lonely and forsaken by his relatives and friends, stood firm as a rock in the case of the Truth. He told his father respectfully: The knowledge I have has not been vouchsafed to you. As such, instead of my following you, you should follow me [ Maryam 19: 41-5]. In answer to the threats of his community he broke their idols with his own hands to prove how powerless they were [al-Anbiya’ 21: 57-70]. In the court of the King, he boldly declared: You are not my Lord, My Lord is He in whose hands are your life and death as well as mine, and within the bounds of whose law even the movements of the sun are circumscribed [al-Baqarah 2: 258].
The royal court decided that Ibrahim should be burnt alive and he willingly came forward to suffer this horrible punishment for the sake of his unshakeable faith in the One God. After Allah with his supreme power saved him from this fate, he abandoned his home, his relations, his community and his country. He set out with his wife, Sarah, and a nephew, Lut, to wander from one land to another.
To this man the undisputed religious leadership of his people had been available. Yet he gave up wealth and power preferred the homeless and destitute wanderer rather than have to mislead people into the continuing worship of false gods. He chose to live for the purpose of summoning people to their true God, even though he would be driven to place to place.

Migration
After leaving his home, the Prophet Ibrahim wandered in Egypt, Palestine and Arabia. God, alone, knows what sufferings he went through on his journeys. He had no money or possessions nor did he have time to earn his livelihood. His sole vocation, day and night, was to bring people to the worship of the One God. If a man of such ideas could not be tolerated by his own father and his own community, how was he going to be any more successful elsewhere? Where would he be welcomed? Everywhere the same temple priests and kings claiming godhood held sway; everywhere the same confused and ignorant common men lived, who were completely hoodwinked by them. How could, then, Ibrahim live peacefully in such an environment? For, not only was he himself not ready to accept the godhood of anybody except God, but he was also committed to proclaiming to the people that none except Allah was their Master and Lord and that, therefore, they should ignore the authority of their leaders and demi-gods and submit only to the One Being. Thus condemned to a nomadic existence, wandering through Palestine, Egypt and the vast deserts of Arabia, he passed his whole adult life.

Raising a New Generation
During the last period of his life, when he was eighty-six and had despaired of offspring, Allah gave him a child, Ismail. But even then, this loyal servant of Allah did not think that, having himself wrecked his own home life, he should at least prepare his children to earn their living. No. His only concern was that the mission on which, he had spent his whole life should be carried on after his death. It was for this purpose that he had prayed to Allah to grant him children [l-Baqarah 2: 128]. And when Allah granted his request, his only thought was to educate and train them to continue his mission. The life of this perfect man was the life of a true and genuine Muslim. In early adulthood, when he had found God, God asked him: ‘aslim’, that is, enter Islam, surrender yourself totally to Me, be solely Mine. In reply, he gave the pledge: ‘aslamtu li-rabbi ’l-alamin’, that is, I have entered Islam, I belong to the Lord of the worlds, I have entrusted myself wholly to Him, I am ever ready to obey (al-Baqarah 2: 13). To this pledge Ibrahim remained true throughout this life. He gave up, for the sake of the Lord of the worlds, his ancestral religion together with its beliefs and rituals and renounced all the material benefits he could have derived from it. He braved the danger of fire, suffered homelessness, wandered from country to country, but spent every moment of his life in obedience to the Lord and in propagating His Din.

The Greatest of Trials
But even after all these tribulations, there was still one trail left to determine whether Ibrahim’s love for his Lord was supreme above all else. Before the birth of his second son, he was asked tom sacrifice what was then his only child to God. [al-Saffat 37: 99-111]. When Allah had shown that Ibrahim was prepared to slaughter his son for His sake with his own hands, He said: ‘You have fully vindicated your claim to be a totally true Muslim. Now you deserve to be made the leader of the whole world.’ This act of investiture has been described in the Qur’an thus.
And when his Lord tested Ibrahim With [His] commands, and he fulfilled them all, He said, Behold, I make you a leader of mankind. Said he [Ibrahim]: And my offspring [will they too be leaders]? He said: My covenant shall not reach the evil-doers (al-Baqarah 2: 124).

The Universal Islamic Movement
In this manner Ibrahim became a pioneer of the universal Islamic movement and set about establishing permanent missions in different regions. In this task he was aided by his nephew, Lut, his eldest son, Ismail who, on learning that the Lord of the worlds wanted the sacrifice of his life, had himself willingly placed his neck under the knife, and his younger son, Ishaq.

Lut In Sodom
Ibrahim settled his nephew, Lut in Sodom, which was infamous for its moral depravity. Ibrahim’s objective was to reform the people and also to influence the far-flung area around; traders traveling between Iran, Iraq, and Egypt used to pass through the region, and it was therefore an ideal place from which to spread God’s message.

Ishaq in Palestine
The younger son, Ishaq, was settled in Palestine. This region, situated between Syria and Egypt, and being on the coast, was also a good center for spreading Ibrahim’s message. From this region the Islamic movement reached Egypt through Ishaq’s son, Ya’qub (whose name was also Israel), and through his grandson, Yusuf, peace be on all of them. The elder son, Ismail, was assigned his headquarters at Makka in the Hijaz and Ibrahim himself stayed with him for a long time to propagate the teaching of Islam throughout Arabia.

Construction of the Ka’aba
It was in Makka that Ibrahim and his son built the Holy Ka’aba, the center of the Islamic movement, on a site chosen by Allah Himself. This building was not intended for worship only, as mosques are; its purpose was to act as the center for spreading the universal movement of Islam, a world-wide gathering point for believers in the One God to assemble to worship Allah in congregation and go back to their respective countries carrying with them the message of Islam. This was the assembly, which was named Hajj. Exactly how this center was constructed, with what hopes and prayers both father and son raised its walls, and how Hajj was initiated are described thus in the Quran:
The first house ever set up for mankind was indeed that at Bakkah, a blessed place, and guidance unto all beings; wherein are clear signs – the place whereon Ibrahim stood; and whosoever enters it finds peace (3: 96-7).
Have they not seen that We have made the sanctuary immune [from violence], while men are being carried away by force all around them (29: 67).
Peace always reigned in and around the Ka’aba, when all around it were rampant plunder, murder, devastation, conflict, and warfare – such was its sanctity that even the Bedouins who respected no law, if they detected in its precincts the murderer of even their father, did not dare to touch him.

Prayers of Ibrahim
Look at Ibrahim’s prayers to find out what the real purpose and significance of Hajj is:
And when We made the House a place of visitation for mankind, and a sanctuary; take, then, the place whereon Ibrahim stood for place of prayer. And We commanded Ibrahim and Ismail, ‘Purify My House for those who will walk around it, and those who will abide therein in worship, and those who will bow down and prostate themselves.’ And when Ibrahim prayed: My Lord! Make this a land secure and provide its people fruits, such of them as believe in God and the Last Day…
And when Ibrahim was raising the foundations of the House, and Ismail, [they prayed]: Our Lord! Accept Thou this from us. Thou, Thou alone, art the All-hearing, the All-knowing. Our Lord! And make us surrender ourselves unto Thee, and out of our offspring make people surrender themselves unto Thee; and show us our rites of worship, and turn toward us; surely Thou alone turnest, and art the Mercy-giving. Our Lord! Do Thou send to them a Messenger, from among them, who shall convey unto them Thy revelations, and teach them the Book and the Wisdom, and purify and develop them. Thou alone art the All-mighty, the All-wise! (Quran 2: 125-9).
And when Ibrahim prayed, My Lord! Make this land secure, and keep me and my sons away from worshipping idols. My Lord! They have led astray many people. Hence whoso follows me truly belongs to me; and whoso disobeys me – surely Thou art All-forgiving, Mercy-giving. Our Lord! I have settled some of my offspring in a valley where are no arable lands, near They sanctified House, our Lord, so that they may perform the Prayer, and Thou make peoples’ hearts to incline towards them, and provide them fruits so that they may be thankful (Quran 14: 35-7).
And when We assigned unto Ibrahim the place of the House [We said]: You shall not take any god beside Me, and purify My House for those who will walk around it and those who will stand, and those who will bow down and prostate themselves. And proclaim unto mankind the Pilgrimage; and they will come unto you on foot and on every lean mount, they will come from every deep ravine, so that they may witness things that are of benefit to them, and mention God’s name during the days appointed over such heads of cattle He has provided them. Eat, then, thereof, and fee therewith the unfortunate poor (Quran 22: 26-8).

(4) “It would require a master pen to describe the scene, poignant in its intensity, of that great concourse of humanity of which I was one small unit, completely lost to their surroundings in a fervor of religious enthusiasm. Many of the pilgrims had tears streaming down their cheeks; others raised their faces to the starlit sky that had witnessed this drama so often in the past centuries. The shining eyes, the passionate appeals, the pitiful hands outstretched in prayer moved me in a way that nothing had ever done before, and I felt caught up in a strong wave of spiritual exaltation. I was one with the rest of the pilgrims in a sublime act of complete surrender to the Supreme Will which is Islam.” She goes on to describe the closeness pilgrims feel to the Prophet while standing in ‘Arafat: “…as I stand beside the granite pillar, I feel I am on Sacred ground. I see with my mind’s eye the Prophet delivering that last address, over thirteen hundred years ago, to the weeping multitudes. I visualize the many preachers who have spoken to countless millions who have assembled on the vast plain below; for this is the culminating scene of the Great Pilgrimage.”

(5) ………. No one can be recognized. The bodies were left in Meequat  and the souls are motivated here. Names, races, nor social status make a difference in this great combination. This should be accompanied by an atmosphere of genuine unity if we are true to our intention.  The egos and individual traits should be  buried. The group should become a "people" or an "Umma". As if, all the I's have died at Meequat , replaced by "We". You are also supposed to act like Ibrahim:
Lo Abraham was a nation obedient to Allah, by nature upright, and he was not of the idolaters.”( Surah 16:120)

(6) The circumambulation of the Ka’bah, the symbol of God’s oneness, implies that all human activity must have God at its center. It also symbolizes the unity of God and man.
Thomas Abercrombie, a convert to Islam and a writer and photographer for National Geographic Magazine, performed the hajj in the 1970′s and described the sense of unity and harmony pilgrims feel during the circling: “Seven times we circled the shrine,” he wrote, “repeating the ritual devotions in Arabic: ‘Lord God, from such a distant land I have come unto Thee…. Grant me shelter under Thy throne.’ Caught up in the whirling scene, lifted by the poetry of the prayers, we orbited God’s house in accord with the atoms, in harmony with the planets.”

The tawaf was a pre-Islamic pagan practice. Why did Muslims carry it over?. The same question had bothered our esteemed Companions who seemed reluctant to do the Sai’ to dissociate themselves from this custom of the  pagans. As an answer Allah Ta’aala revealed: pastedGraphic_3.png
Behold! Safa and Marwa are among the Symbols of Allah. So if those who visit the House in the Season or at other times, should compass them round, it is no sin in them. And if any one obeyeth his own impulse to good,- be sure that Allah is He Who recogniseth and knoweth.” (Surah 2/157)

Hajj is our respect to the great sage Ibrahim and his practices. The pre-Islamic Arabs, were the heirs of Ibrahim and Ismail following in his tradition. Prophet Muhammad recognized that the Arabs retained vestiges of Ibrahim's monotheism in the act of pilgrimage. However they had corrupted this practice by moving around their idols. Our beloved Prophet got rid of that filth and commanded us to continue this Ibrahimi sunna,  restoring the pilgrimage to its proper purpose: the adoration of One God.  This establishes the continuity between Prophet Muhammad and Prophet Ibrahim, peace be upon them both. The hajj pilgrimage is not a holdover from Jahiliyya. Instead, it is the practice of Ibrahim, peace be upon him, as restored and revived by Prophet Muhammad, Allah bless him and give him peace. 

There is an interesting story  of “The Sight Of The Kabah Leads To The Truth
One never tires of gazing at the sight of the House of Allah, the Kaa'ba. The site upon which the mercy and blessings of Allah are constantly descending. There is truly nothing comparable to the House of Allah on this Earth. People wish time would stand still so they could keep gazing at the Kaa'ba; their thirst is never quenched, rather it increases.
 Once, while on a visit to Washington, people told me (I am sorry I have missed out the name of the author)  that a woman had accepted Islam and had some questions for me. They told me that many non-practicing Muslim women had started practicing again due to her. At prayer time she would dress in her best clothes as if readying herself for someone special, and would become oblivious to everything around her as soon she started praying. After a brief question and answer session, I asked her what prompted her to accept Islam. She sighed and started explaining; "I was a Jew and my husband was a Christian who was posted in Saudi Arabia for some technical work. Everyday I used to see Muslim men and women dressed in white on their way somewhere. I asked my husband where they were going and he told me that they go to perform pilgrimage at the Muslim shrine of Kaa'ba. I expressed a desire to go but he told me that non-Muslims were not allowed. However, I was determined and so we both bought white clothes and set out. Fortunately no one stopped us and we reached Makkah, from where we found directions to the Kaa'ba. Upon seeing the Kaa'ba our eyes froze and time seemed to stand still. When we turned to look at each other after some time, we were both crying. With our eyes we told each other that this was the Truth and we should accept Islam. No one ever told me about Islam, but there were so many blessings descending on that House that they changed my life forever."

The blessings of Tawhid descend in Makkah, and the blessings of Prophethood descend in Madinah. One has seen nothing in life if he has not seen these two holy sites. May Allah give all Muslims the opportunity to visit to His House. 

(7) This oval stone, first mounted in a silver frame late in the seventh century, has a special place in the hearts of Muslims as, according to some traditions, it is the sole remnant of the original structure built by Abraham and Ishmael. But perhaps the single most important reason for kissing the stone is that the Holy Prophet is reported to have sone  so. No devotional significance whatsoever is attached to the stone, for it is not, nor has ever been, an object of worship. The second caliph, ‘Umar ibn al-Khattab, made this crystal clear when, on kissing the stone himself in emulation of the Prophet, he proclaimed: “I know that you are but a stone, incapable of doing good or harm. Had I not seen the Messenger of God kiss you – may God’s blessing and peace be upon him – I would not kiss you.” However this stone continues to be the object for idolatrous rituals by the rank and file of Muslims; it is regarded as a very sacred and holy object on the basis of some ahaadith like the following;

1. "Ibn `Abbas (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said: "The Black Stone came down from Jannah (Paradise)."
(At-Tirmidhi, Sunan, hadith no. 877, and classified as authentic hadith by Sheikh Al-Albaani in his book Sahih At-Tirmidthi, hadith no. 695 )
2. "Ibn `Abbas (may Allah be pleased with him) narrated that the Prophet (peace and blessings be upon him) said: "When the Black Stone came down from Paradise, it was whiter than milk, but the sins of the sons of Adam made it black."
(At-Tirmidhi, Sunan)
3. "Ibn `Abbas (may Allah be pleased with him) related that the Prophet (peace and blessings be upon him) said: “By Allah, Allah will bring it forth on the Day of Judgment, and it will have two eyes with which it will see and a tongue with which it will speak, and it will testify in favor of those who touched it in sincerity."
(At-Tirmidhi, Sunan)
4. "Ibn `Umar (may Allah be pleased with him) quoted the Prophet (peace and blessings be upon him) as saying: “Touching them both [the Black Stone and Ar-Rukn Al-Yamani] is an expiation for one’s sins."
(At-Tirmidhi, Sunan, hadith no. 959. This hadith is classified as hasan by At-Tirmidhi and as Sahih by Al-Hakim (1/664), and Adh-Dhahabi agreed with him.)
5- "Narrated 'Abis bin Rabia: 'Umar came near the Black Stone and kissed it and said "No doubt, I know that you are a stone and can neither benefit anyone nor harm anyone. Had I not seen Allah's Apostle kissing you I would not have kissed you."
Sahih Bukhari 2:26:667, also Sahih Bukhari 2:26:657 and Sahih Muslim 7:2912-2915


(8) He never hesitated to respond to the call and command of his Lord (the Creator, the Sustainer and the Evolver). He never considered anything too precious to be withheld when it came to fulfilling the wish of his Lord. Everything he did was commanded by God, and was fulfilled by him conscientiously with honor and nobility. We are all too familiar with the story of his unwavering faith and conviction, and his supreme sacrifice as embodied in the event when he was ready to sacrifice his dear and only son to fulfill the wish of his Lord.
Although physically tired of sufferings, the prophet of responsibility and leadership had a sharp mind.The first to fight idolatry, Ibrahim was raised in the house of Azar who used to make the idols for his tribe. Ibrahim fought not only against idolatry and Nimrod' but also against ignorance and oppression. The leader of this movement, he was riotous against abjectness. He was the source of hope and wishes, the man of faith and the founder of true unity.
Ibrahim entered the fire - the fire of oppression and ignorance to help prevent the people from being burned by the such a fire! 
No son was killed or lost. This gesture is a lesson for the sake of our  faith. One must reach the point of  willingness to sacrifice our most beloved (Ismail) with our own hands.
When Ibrahim reached this point, -- the station of Ibrahim --  he had experienced a life full of struggle - fighting with Nimrod, the idols, facing the tortures, the heap of fire, Satan, the sacrifice of his son Ismail and ... migration, homelessness, loneliness passing from the stage of prophecy to the stage of leadership, rejecting "individuality" and adopting "totality" and from being worker in the house of Azar, the idol maker, to becoming the builder of Kaaba, the house of unity!

(9) In the house of Allah, she is the only woman, a MOTHER! Hajar was an example for humanity. Allah ordered her to leave her home with her nursing child. She was told to go to the fearful valley of Mecca where no plant not even thistles, will grow. Out of love for Allah, she understood and accepted this order. It seems strange - a lonely woman with her lonely child cast into the depth of this valley among such ugly and inactive volcanoes. Without water? Without shelter? Without anyone? But why? Allah told Hajar to obey Him and He would provide for her and her son. Allah would take care of their lives, needs and future. Oh Hajar, the example of submission and obedience, the great champion of faith and reliance in love, you will be protected under My umbrella! Hajar totally submitted to the will of Allah; she left her child in this valley. This was the command of Allah and the order of love! However, the model of submission (Hajar) did not "SIT QUIETLY". Soon, she arose and all alone tried to run from one dry mountain to the other searching for water! Constantly searching, moving and struggling, she decided to rely on herself, her feet, her will and her mind. 

There is another very eloquent and lengthy description of the legacy of this great Lady of Islam by Dr. Mohammed Umer:
Going beyond the customary commemoration of the stories of Ibrahim and Ismail, I want to focus here on the not-so-mentioned legacy of a great woman, Mother Hajar (may God be pleased with her) the wife of Ibrahim and the mother of Ismail . Indeed, she is an integral and as important part of the legacy of Tawheed (Oneness of God) and the community of Ibrahim. Her submission to the will of her Lord and her sacrifice were as ideal as that of Ibrahim and Ismail. God has ennobled her in the Quran by making Safaa and Marwah integral to the performance of Hajj, one of the five pillars of Islam. These are the two hills between which she ran back and forth in search of water for her beloved infant son, while she was all alone according to the plan of God Himself. “Behold! Safaa and Marwah are among the symbols of God. So if those who visit the House in the Season or at other times, should compass them round, it is no sin in them. And if any one obeys his own impulse to Good, be sure that God is He Who recognizes and knows.” (Quran 2:158)

Mother Hajar was not just a wife of Ibrahim, but she was deeply loved by him. But, once again, to fulfill the wish of God, he brought Mother Hajar and their beloved infant son, Ismail, to this abandoned, desolate, barren valley of Makkah. There was no such inhabited place called Makkah at that time.

As Ibrahim brought Mother Hajar and Ismail to that barren, rugged valley, she asks (as in the Hadith): ‘O Ibrahim! Where are you going, leaving us in this valley where there is neither any person nor anything else (to survive)?’ She repeated that to him many times, but he did not look back at her. Then she asked him, ‘Has God instructed you to do so?’ He replied, ‘Yes.’… That was enough for Mother Hajar. Now she knew that it was according to the Divine Will. With the same nobility and dignity of faith as it ran in that family, “She said, ‘Then God will not neglect us.’ (In another version): ‘I am pleased to be (left) with God.’

Then Ibrahim left and she was alone with her infant. Makkah was not an inhabited place yet. Food and water that Ibrahim provided them with were consumed by the mother and baby. Desperately, she started searching for water running back and forth through the valley between the hills of Safaa and Marwah. Surly God would not abandon the family of Ibrahim and so, she was visited by the arch-angel Gabriel.

Water, in the form of an ever flowing spring, the Zamzam, was made available to them by direct intervention of God. Right during that time, the tribe of Jurhum, passing by the valley saw birds flying. Realizing that water must be available, they searched and discovered Mother Hajar and Ismail. They sought permission to settle there. Thus, the desolate valley of Makkah became an inhabited area. Ibrahim returned there much later and laid the foundation of Ka’aba. Makkah ultimately was to emerge as a city and as the perennial heartland of Tawheed, the belief in oneness of God.

God is glorified. He took such a significant and noble service from a woman. But consider another aspect. What kind of situation Mother Hajar was placed into? In that desolate, uninhabited valley, what might have been going on in her mind?

While unconditionally committed to her Lord, she was constantly searching, moving and struggling not thinking about herself any longer, but to find some water and save her child. What could she think about herself?

If any human being needs to be identified, whom would you consider the foremost as far as founding of Makkah as a city? Is there any other civilization, or even a city of this stature, that has been brought about by such primary contribution and sacrifice of a woman? It is so unfortunate that so little about her is talked about even on such pertinent occasion of which she is an integral part.

What men and women can learn from a woman, whose service and contribution ennobled the Hills of Safaa and Marwah to the status of “among the Sign of God,” which must be visited, and whose quest for saving the object of her love must be reenacted?

From far away as the pilgrims perform this reenactment, we also want to be like Ismail and have a share of this noble woman’s affection. But there is a greater symbolic implication!

This community of believers follow the Way of Prophet Muhammad, a way that primarily was designed after the Way of Ibrahim and his family. The role that was played primarily by the family of Ibrahim, was broadly assumed by the Prophet Muhammad , but now involving not just his family, but the larger community of believers. This community (Ummah) is created for mankind! (Quran 3:110)
“Our Lord! Grant us what you did promise to us through your Prophets, and save us from the shame on the Day of Judgment: for you never break Your promise.” And their Lord has accepted of them, and answered them: “Never will I suffer to be lost the work of any of you, be he male or female: you are members, one of another; those who have left their homes, or been driven out therefrom, or suffered harm in My Cause, or fought or been slain; Verily, I will blot out from them their iniquities, and admit them into Gardens with rivers flowing beneath; a reward from the Presence of God, and from His Presence is the best of rewards. (Quran 3:194-195)

For all the toil and struggle, the hardship and sacrifice, the efforts and pursuits, is it not truly deserving of celebration that our works will not be in vain, will not suffer any loss? This is a guarantee from none other than God.

With all the worldly promises, guarantees, and warranties that give us a sense of security, one tends to forget that there is also a vast world of deceptions. If we cannot have peace of mind with the promise from God, we have nowhere to turn to. Thus, what could be more worthy of our celebration than the invitation of God to an eternal life of peace, happiness, and prosperity, an invitation that comes with the unfailing promise of God. This, of course, requires that we commit ourselves to the positive and constructive pursuit of bringing peace, happiness and prosperity to the humanity.

(10) On this day Muslims around the world share the happiness the pilgrims feel and join them by performing identical, individual sacrifices in a worldwide celebration of ‘Id al-Adha, “the Festival of Sacrifice.” Here in Mina Millions of Muslims are gathered in a tiny place for two to three days. I wish there were deliberate discussions with brothers and sisters how we performed, did we go beyond the rituals, did we achieve our goal and are we trained and motivated to keep up what we have gained in years to come.
On  return we should have “a sense of awe and serenity: awe for their experience at ‘Arafat, when they felt closest to God as they stood on the site where the Prophet delivered his sermon during his first and last pilgrimage; serenity for having shed their sins on that plain, and being thus relieved of such a heavy burden.” We must return with a better understanding of the conditions of our brothers in Islam. Thus is born a spirit of caring for others and an understanding of our own rich heritage that will last throughout their lives. I wonder how many of us can attain the thoughts of a writer: “The pilgrims go back radiant with hope and joy, for they have fulfilled God’s ancient injunction to humankind to undertake the pilgrimage. Above all, they return with a prayer on their lips: May it please God, they pray, to find their hajj acceptable, and may what the Prophet said be true of their own individual journey: “There is no reward for a pious pilgrimage but Paradise.”

(11) He profoundly reassessed his previous views during the Hajj. This transformation, of course, sealed his break with the Black nationalist movement of the Nation of Islam. Contrary to the teachings of the Nation, he concluded that Islam encompassed all of humanity and transcended race and culture. Malcolm X later said, “In my 39 years on this Earth, the holy city of Mecca had been the first time I had ever stood before the Creator of all and felt like a complete human.” In Mecca, he discovered himself mixing with, “fellow Muslims, whose eyes were the bluest of blue, whose hair was the blondest of blond, and whose skin was whitest of white.” Malcolm X was so inspired by what he witnessed, that, in letters to friends and relatives, he wrote, “America needs to understand Islam, because this is the one religion that erases from its society the race problem.” Upon returning to America, he embarked on a mission to enlighten both blacks and whites with his new views. Malcolm X understood that in order to truly learn from the Hajj, its inherent spiritual lessons must extend beyond the fraternal ties of Muslims to forging a common humanity with others.

(12) A 2008 study on the longer-term effect of participating in the Islamic pilgrimage found that Muslims' communities become more open after the Hajj experience. Entitled Estimating the Impact of the Hajj: Religion and Tolerance in Islam’s Global Gathering, a study conducted in conjunction with Harvard University's John F. Kennedy School of Government found that the Hajj experience promotes peaceful coexistence, equality, and harmony. Specifically, the report states that the Hajj "increases belief in equality and harmony among ethnic groups and Islamic community and that "Hajjis (those who have performed the Hajj) show increased belief in peace, and in equality and harmony among adherents of different religions". 

The result of a successful Hajj is a rich inner peace, “which is manifested outwardly in the values of justice, honesty, respect, generosity, kindness, forgiveness, mercy and empathy. And it is these values – all attributes of God almighty — that are indispensable to us all if we are just to get along in this world.” This is the ideal and goal for Hajj.

(13) The millions tossing about, adorned in white Kaffan are supposed to demonstrate  the Islamic principles of “simplicity, equality, Godliness, blending of the poor and the rich.” Pause and do a little soul searching. Is it true? The tall modern skyscrapers obliterating history and heritage in its path and towering over the Kabaa, the five star hotel encircling haram weeding out the less fortunate -- young, old and frail -- to distant periphery, the multi- courses food provided by the organisers and the modern shopping and recreation centers pushing the costs sky high seem to call us hypocrites if not liars.
Bashir bin Abdul Haris,  a great religious figure in Islamic history asked one of his followers who had come for his advice on going to Hajj   "what is your main intention? It is for Allah's pleasure, or you want to see Kaaba and Medina or you want to display your piety?" I feel all of us need to ask the same question to ourselves before performing Hajj.  To put things in its proper perspective, Shaikh Yusuf Qardawi, the eminent Muslim scholar has quoted an episode from Abdullah Ibne Mubrak when he abandoned his 'nafal Umrah'  giving away all his booty to two starving little girls on way to Mecca.

(14) Today, however, it has become fashionable to perform Hajj-e-Badal on behalf of late relatives who had neither the wherewithals to undertake a journey to Makkah, nor did they leave any specific instruction in their will for Hajj-e-Badal to be performed for them.  It is also become an "accepted thing" among some affluent people to send others to perform Hajj for them.

A large body of Ulama is strongly opposed to Hajj-e-Badal as being totally at variance with the clear injunctions of the Qur'an and calls it an imitation of the Christian belief in the Atonement of Jesus Christ.  The Qur'an says: 
"No bearer of burdens can bear the burden of another.  And there is nothing for man except what he strives for." (Surah 53: 38-39)

Allamah Alusi says that many Imams of the Muslim Ummah are of the opinion that Hajj-e-Badal is not permissible.  He says: "Imam Ibn Himaam (writer of Sharah Fathul Qadeer) has stated that Imam Maalik and Imam Sha'fee have not only rejected the merit-transfer of bodily prayers, but it was also their way (maslak) regarding alms and Hajj that the reward of these cannot be transferred to another."  (Tafseer Roohul Ma'aani, Vol.27, p.67 Maktaba Rasheediya Edition, Lahore).

Those  Ulama, mainly Hanafia who say that Hajj-e-Badal is permissible, base their assertion on the following two Ahadith:

"Ibn Abbas told of a woman of Khas'am as saying: 'Messenger of God, God's ordinance that His servants should perform the pilgrimage has come when my father is a very old man and is unable to sit firmly on a camel.  May I perform the pilgrimage on his behalf?" He replied that she might.  That was at the farewell Pilgrimage." (Bukhari, Muslim)

"Ibn Abbas told of a man coming to the Prophet and saying that his sister had taken a vow to make the pilgrimage, but had died.  The Prophet asked whether he would pay a debt, supposing she owed one, and when he replied that he would, he (the prophet) said: Well, pay the debt due to God, for it is the one which most deserves to be paid." (Bukhari, Muslim)

Thus according to the above Ahadith, Hajj-e-Badal may be performed on behalf of (1) the disabled, and (2) the dead.  But these Ahadith are totally in conflict with the Holy Quran: in the case of the disabled, because the Quran says clearly that Hajj is Fard only "on those who are able to undertake a journey to it" (3: 97); and in the case of the dead, because "man can have nothing except what he strives for "  (53: 39).  If a man is dead, it is obvious that he cannot strive towards fulfilling the Fard of Hajj!

Thus according to the Usool-e-Fiqh (Principles of Jurisprudence), any Hadith, which contradicts the Holy Quran, is not acceptable.  Imam Abu Hanifa (RA) used to reject ALL such Ahadith.

Doctrine cannot be based on a Hadith simply because Imam Muslim or Imam Bukhari has related it.  The Hanafis have rejected over 200 Ahadith of Bukhari, which are opposed to the teaching of their Mazhab!

Imam Maalik has included the 'Woman of Khas'am' Hadith in his famous Mu'atta, but has given a ruling AGAINST IT.  Imam Qartabi reports: "It is Imam Maalik's opinion that the 'Woman of Khas'am' Hadith is contrary to the clear-cut injunctions of the Quran.  Therefore preference and priority will be given to the Quran over the Hadith."  (Nail al-Awtaar, Vol4, p.302, Cairo Edition, 1961)

 The Fiqh of Imam Maalik is explicit in its opposition to Hajj-e-Badal: "To the Maalikees, although Hajj combines pecuniary and bodily prayers, the body plays a larger role in it. Therefore no one can be made a  locum tenes (deputy) in this.  Thus it is not permissible for the man on whom Hajj is obligatory (Fard), to appoint anybody to perform Hajj-e-Badal for him."  (Al-Fiqh 'Alal Mazaahib Al-Araba'ah, Vol.1, p. 565, 1950 Edition)

 The Qur'an is clear on the "Mukaafaate-e-Amal (Requital of Action). Allah says:

"If you have performed a virtuous act, you have done it for yourselves: If you have done evil, (you have done it) against yourselve."  (Surah 17: 7)

"(He who) does good, its benefit is for him only: he who does wrong, will himself suffer its consequences."  (Surah 2: 286)

"Every soul draws the result of its act on none but ITSELF."  (Surah 6: 164)

Hajj al-badal may be performed on behalf of a sick person who has no hope of recovery,or one who is physically incapable, or one who has passed away, but not on
behalf of one who is poor or one who is unable to do it because of political
or security circumstances. 

An-Nawawi said: The majority (of scholars) are of the view that it is permissible to appoint a proxy forHajj on behalf of the deceased and one who is incapable and has no hope of recovery based on the hadith It was narrated from ‘Abdullah ibn Buraydah that his father (may Allah be pleased with him) said: Whilst I was sitting with the Messenger of Allah (blessingsand peace of Allah be upon him), a woman came to him and said: I gave a slave woman in charity to my mother, then she died. He said: “Your reward is
assured, and she (the slave woman) has been returned to you as an inheritance.” She said: O Messenger of Allah, she owed one month’s fasting, should I fast on her behalf? He said: “Fast on her behalf.” She said: She never went for Hajj, should I perform Hajj on her behalf? He said: “Perform Hajj on her behalf.” ( Muslim, 1149)  The Maaliki madhhab differed from the majority concerning this matter, which was that they thought that this hadeeth about fasting on behalf of the deceased and doing Hajj on behalfof the deceased was not sound. (Sharh an-Nawawi ‘ala Muslim,8/27 )

Al-Haafiz Ibn Hajar  said: 
Those who regard it as permissible to appoint a proxy for Hajj were unanimously agreed
that it is not acceptable for the obligatory Hajj except when it is done on
behalf of one who has passed away or who is paralysed. That does not include
the one who is sick, because there is the hope that he may recover; or the
one who is insane, because there is the hope that he may come back to his
senses; or the one who is imprisoned, because there is the hope that he may
be released; or for the one who is poor, because there is the hope that he
may become independent of means. (Fath al-Baari, 4/70) 


The Hanbali fuqaha’  clearly stated that hiring a man to perform Hajj on behalf of someone else is not valid. Shaykh al-Islam Ibn Taymiyah said: The one who performs Hajj in order to earn money has no share in the Hereafter. .....”  Those who take on the task of performing Hajj on behalf of others should make their intention purely for the sake of Allah, may He be exalted, and their intention should be to fulfil their desire to worship around the House of Allah, remembering Him and calling upon Him, as well as fulfilling their brothers’ needs by performing Hajj on their behalf. They should keep away from worldly intentions of earning money. (Ad-Diya’ al-Laami‘ min al-Khutab al-Jawaami‘, 2/477, 478) 

Shaykh Ibn ‘Uthaymeen said: If a man has already performed the obligatory Hajj and wants to appoint someone to perform a naafil Hajj or ‘Umrah on his behalf,  in my view  it is not allowed. It is  because the basic principle concerning acts of worship is that they should be done by the individual himself. Hajj is an act of worship that a person should do himself and it is not an act of charity for the benefit of someone else. If an act of worship is a physical action that the person should do himself, it is not valid for someone else to do it on his behalf except in cases mentioned in the Sunnah, and there is no report in the Sunnah about anyone performing a naafil Hajj on behalf of someone else. 

According to the Hanafites, it is not necessary that Hajj Badal should be performed by a person who has performed his own Hajj first. But per Ahl-e-Hadith, the appointed person must have performed his own Hajj as first. Considering these views, it is safer to send somebody  who  has already performed his own Hajj.

God asserts the fact that no soul will be accountable to the sins of another, and also that no soul will be credited from the deeds of another. In other words, each soul will be held accountable only to what it has done.
“That man can have nothing but what he strives for” (53/39;  
“.........No person earns any (sin) except against himself (only), and no bearer of burdens shall bear the burden of another.......”(6/164)
In spite of these clear assurances in the Quran, we find Muslims today doing Hajj and Umrah for their dead relatives or disabled persons on basis of ahadith stating that Hajj, Fasting and Zakat is valid for dead relatives. Needless to say, the prophet would never preach what contradicts the Quran and has warned that any person who attributes any statement to him which goes agaist the Quran will finds his place in Hell.

 Al‑Mughni, a text of Hanbali fiqh, states: "If a person bequeaths money to another, it is not binding upon him to accept it, and it does not make the recipient mustati` (possessing istita'ah), irrespective of whether the bequeathed is a relative or a stranger, regardless of whether the bequest suffices for the expenses of the journey and food. According to al‑Shafi`i, if the bequest is made by one's son, enough to enable him to undertake the Hajj journey, the Hajj becomes obligatory. According to the Imamiyyah school, if the bequest is an unconditional gift made without the provision of performing the Hajj by the recipient, the Hajj is not binding, irrespective of who makes the bequest. But if the bequest is made with the condition that one perform the Hajj, the acceptance of the bequest is binding and may not be rejected, even if the bequest is made by a stranger; since it makes him mustati ` to undertake the pilgrimage. Apart from a son financing his father, I think taking a loan to go for Hajj is definitely wrong. I am not sure if financing an individual for Hajj by his relatives, friends or employer is correct. At best it will be a “nafal Hajj”. You cannot make a fard anything if Allah Ta’aala has not made it. 
All the five legal schools agree that one who is capable of undertaking the Hajj in person and fulfils all the conditions thereof, should do so himself in person. It is not permissible for him to depute another to undertake it, and if he does so it would not relieve him of his obligation to perform it himself. If he does not do it in his life, according to the Shafi'i, Hanbali and Imamiyyah schools, he is not relieved of the duty because of the preponderance of the financial aspect, and it is obligatory to hire someone to perform the Hajj with a similar expenditure. In case he does not make a will for the Hajj, the amount should be taken out from his undivided heritage. According to the Hanafi and Maliki schools, he is relieved of the obligation due to the bodily aspect; but if he mentions it in his will, the expense is taken out from the one third of his inheritance‑‑like all other bequests‑‑and if he doesn't, istinabah is not obligatory. 

A related problem is that of the Physically Incapable (al‑Qadir al‑`Ajiz)
One who meets all the financial conditions for the Hajj pilgrimage but is incapable of undertaking it personally due to old age or some incurable disease, all the legal schools agree, is relieved of the obligation of performing the Hajj in person, for God says:
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
(... and He has laid no impediment in your religion ....).

Allah Ta’aala has “relieved him of the obligation” but the Classical Sunni Fiqh makes it obligatory upon him to hire someone to perform the Hajj for him. I am encouraged not to agree with this view as there is a difference of opinion.  All the legal schools, with the exception of the Maliki, agree that it is obligatory upon him to hire someone to perform the Hajj for him. The Maliki says that the Hajj is not obligatory upon one who is incapable of undertaking it in person. (al‑Mughni, al‑Tadhkirah) Furthermore, if a sick person recovers after deputing someone to perform his Hajj, is it obligatory upon him on recovery to perform the Hajj in person? According to the Hanbali school, another Hajj is not obligatory. But according to the Imamiyyah, Shafi'i and Hanafi schools it is obligatory, because what was fulfilled was the financial obligation, and the bodily obligation has remained unfulfilled.

According to the Imamiyyah and Hanafi legal schools; one who has performed the Hijjat al‑'Islam, if he wants to depute another for a voluntary, mustahabb Hajj, may do so, even if he is capable of undertaking it in person. But according to the Shafi`i school, it is not permissible. There are two narrations from Ahmad ibn Hanbal, one indicating prohibition and the other permission. According to the Maliki school, it is permissible for an incurable sick person and for one who has performed the obligatory Hajj to hire another for the Hajj. The Hajj so performed is valid, though makruh (reprehensible). It is not considered as the Hajj of the hirer (mustajir) and is counted as the mustahabb Hajj of the hired (ajir). The hirer gets the reward for providing assistance in the performance of the Hajj and shares the blessings of the prayers offered. When the Hajj is performed for the benefit of a dead person, irrespective of whether he has asked for it in his will or not, it is counted neither as fulfilment of the duty (fard) nor as a supererogatory (nafl)act, nor does it relieve him of the duty of the obligatory Hajj. (al‑Fiqh `ala al‑madhahib al‑’arba`ah).

(15) The Imamiyyah, the Maliki, and the Hanbali schools consider the obligation (wujub) of the Hajj duty to be immediately applicable (fawri); i.e. it is not permissible to delay it from the moment of its possibility. It is sinful to delay, though the Hajj performed with delay is correct and fulfills the obligation. According to the Shafi`i school, the obligation of Hajj is not immediate (upon attainment of istita'ah); rather one may delay it and perform it when he wishes. According to Abu Yusuf, the Hajj is an immediate obligation. Muhammad ibn al‑Hasan considers delay (tarakhi) permissible. Abu Hanifah has no explicit text on the matter, though some of his contemporaries state that he implicitly believes in the immediacy of the obligation.

(16) Deeds in lieu of nafli Hajj:
 1. Wudhu at home before proceeding for Salaah with Jamaat.
2. Salatul Ishraaq
3. Going to the Masjid to acquire Knowledge.
 4. Umrah in Ramadhan
 5. To recite “Subhaanallah” 100 times in the morning and evening.
6. Serving one’s Parents:
عن أهل(5721)Sayyiduna Anas (radiyallahu’anhu) reports that a manSayyiduna Anas reports that a man came toRasulull(sallallahu ‘alaihi wa sallam) and said: “I wish to participate in Jihaad, but I cannot afford it” Rasulullah (sallallahu ‘alaihi wa sallam) enquired if any of his parents were alive, to which he said: “Yes! My mother is alive” Rasulullah (sallallahu ‘alaihi wa sallam) said: “Show Allah how you serve her. If you do so (duly) you will be like a: Haaji, a Mu’tamir (one doing ‘Umrah) and a Mujaahid (One striving in Allah’s way).”(Abu Ya’la, hadith:2760, and Tabarani with good chains.-Targheeb, vol.3, pg. 315 & Mukhtasar Ithaaf, hadith:5721)

 Hafidh Ibn Rajab Al-Hambali (rahimahullah) has quoted other deeds that yield the reward of Haj from various Predecessors (i.e, not necessarily from the hadith). All of the following have been extracted from his priceless work: Lataaiful Ma’aarif, pgs.357-359.
 7. Attending the Jumu’ah Salaah.
Sa’eed ibnul Musayyab (rahimahullah) said: “Attending the Jumu’ah is better according to me than a nafl (voluntary) Haj.”Hafidh Ibn ‘Asaakir (rahimahullah) has quoted a similar virtue via Imam Al-Awza’i (rahimahullah)[1]
 8. Attending the Eid Salaah.
Some of the Sahabah [RA] have said: “Attending the Eidul Fitr Salaah equals the reward of ‘Umrah, and the Eidul Adha Salaah equals that of Haj.”
 9. Esha Salaah in Congregation.
A reliable Tabi’e, Uqbah ibn ‘Abdil Ghaafir (rahimahullah) said: “Offering the Esha salaah[2] in congregation equals the reward of Haj, and the Fajr in congregation equals ‘Umrah”
 10. Fulfilling the need of a fellow Muslim.
Imam Hasan Al-Basri (rahimahullah) said: “Your proceeding to fulfil the need a fellow muslim is better for you than one Haj after another!” (Also quoted By Zabeedi (rahimahullah) in Sharhul Ihyaa, vol.6 pg.292)
 11.  The fulfilment of all obligations.
After citing the above, Hafidh Ibn Rajab (rahimahullah) writes:“The fulfilling of all obligatory deeds is considered better than Nafl (voluntary) Haj and ‘Umrah. This is due to (the Hadith in Sahih Bukhari which states that) the best way of attaining nearness to Allah is via the obligatory acts. However many people find it easy to carry out nafl Haj and ‘Umrah, but feel it difficult to fulfil the other responsibilities (Wajib acts) like repayment of debts and other such duties.
 12. Abstinence from the haraam (forbidden) acts are also more virtuous than Nafl Haj etc.
Some of the Pious predecessors said: “To abstain from an iota of wrong is better than five hundred (Nafl) Haj”
 Fudhail ibn ‘Iyadh (rahimahullah.) –the great sage of his age- said: “There is no Haj or Jihad that is more important than protecting one’s tongue” i.e, against sin.

 It has to be emphasised that he promises of “gaining the same reward as Haj” that are mentioned above, are restricted to the reward only. It does not mean that one upon whom Haj is obligatory can merely suffice on these deeds. (Sharh-Nawawi ‘ala muslim, hadith:1256 & Fathul Mulhim, vol.6, pg.123)


By the way, what is the Status of `Umrah?. According to the Hanafi and Maliki schools, the `Umrah is not obligatory but a highly recommended sunnah (sunnah mu'akkadah). But according to the Shafi`i and Hanbali schools and the majority of Imamiyyah legists, it is obligatory (wajib) for one who is mustati`, and desirable (mustahabb) for one who is not mustati


(17) With such a vast number of people in one place at one time, failures of crowd control and other problems have sometimes led to disaster. Some of the recent tragedies associated with the hajj have included:
On July 31, 1987, Iranian pilgrims riot, causing the deaths of over 400 people.

On July 9, 1989, two bombs exploded, killing one pilgrim and wounding another 16. Saudi authorities beheaded 16 Kuwaiti Shiite Muslims for bombings after originally blaming Iranian terrorists.

On July 2, 1990, a stampede inside a pedestrian tunnel leading to Mecca led to the deaths of 1402 pilgrims.

In 1994, another stampede killed 270 pilgrims.

On February 1, 2004, 244 Muslim pilgrims were killed and another 244 injured in a stampede during the stoning of the devil ritual.
Perceived failure to prevent these events, or to react appropriately to them, has led to strong criticism of the Saudi Arabian authorities by Muslims. It should be said that such events are common enough across all religious celebrations.

(18) Some try to justify women’s travelling with the Hadith where the Messenger of Allah (Allah bless him & give him peace) mentioned that a woman will travel and perform Tawaf of the Ka’ba without a husband with her (Sahih al-Bukhari). This Hadith seems to suggest the permissibility of women travelling alone, but it needs further, more precise analysis. The Shafi’i school, for example, considered this Hadith as evidence that a woman may travel for Hajj without a Mahram if the journey is safe. The Hanafi jurists, however, pointed out that this Hadith is an account of something which is going to happen, and as such is not a sign of its approval or permissibility. In any case, it seems very shaky to deduce a general permissibility of a woman travelling alone in safety just from this hadith, especially in view of all the other evidences. (See: Fath al-Bari, Umdat al-Qari & I’la al-Sunan).

(19)  “There is a consensus (ijma’) of the Ummah that it is obligatory upon a woman to perform Hajj if she is able to do so, due to the general nature of the verse: “Pilgrimage to the house of Allah is a duty men owe to Allah for those who can afford the journey” (Ali Imran, 97), and because of the Hadith “Islam is based on five things”. However, scholars differ as to whether a Mahram is a pre-requisite for a woman to perform the Hajj. Abu Hanifa considers it a condition for the Hajj to be obligatory unless the distance between her and Makkah is less than three Marahil. His opinion is also endorsed by a group of Hadith scholars, people of ra’i, Hasan al-Basri and Nakha’i. However, Ata, Sa’id ibn Jubayr, Ibn Sirin, Malik, al-Awzai’i, Shafi’i say that a Mahram is not a pre-requisite in order for her travelling to Hajj; rather the condition is safety in the journey. Some of our (Shafi’i) scholars have said: “Safety will be acquired with the husband, Mahram or a group of trustworthy women, and Hajj is not obligatory if one of these three is not found. Therefore, if there was only one trustworthy woman, Hajj would not be obligatory, but to perform Hajj will be permissible. This is the correct opinion……”(Imam Nawawi)

Generally, it is impermissible for a woman to travel the distance of three days (equivalent to 48 miles) without her husband or a Mahram (unmarriageable kin) accompanying her.

There are many clear narrations of the Messenger of Allah (Allah bless him & give him peace) in this regard:

1) Sayyiduna Abu Sa’id al-Khudri (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Let no woman travel for more than three days unless her husband or a Mahram is with her.” (Sahih Muslim)

2) Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “A woman must not travel for three days except with a Mahram.” (Sahih al-Bukhari, no. 1036 & Sahih Muslim)

3) Sayyiduna Abu Huraira (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “It is unlawful for a woman who believes in Allah and the last day that she travels the distance of one day and one night without a Mahram accompanying her.” (Sahih al-Bukhari, no. 1038)

4) Sayyiduna Ibn Abbas (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “'A woman must not travel except with a Mahram and a man must not enter upon her except if she has a Mahram.” (Sahih al-Bukhari, no. 1763)

Imam Nawawi (may Allah have mercy on him) states in his monumental commentary of Sahih Muslim:
“There are many such narrations that assert the impermissibility of a woman travelling without a Mahram. These narrations vary in their wordings. The narration of Ibn Abbas in Sahih al-Bukhari says that a woman must not travel without a Mahram, but it adds nothing else. However, the other narrations, in Sahih al-Bukhari and elsewhere, mention lengths of journeys for which a Mahram is required - some of the narrations specify three days, some two, some one, and some even less.”

Imam Nawawi also mentions that the difference found in these narrations is due to the different questioners and the places wherein the answers were given to them. al-Bayhaqi said: “It is as though the messenger of Allah (Allah bless him & give him peace) was asked regarding travelling for three days without a Mahram, and he refused. He was then asked about her travelling for two days, and regarding one day, etc and each narrator related from him what he heard.” (See: Commentary of Sahih Muslim by Imam Nawawi, 1015)

According to the Hanafi Ijtihad, the distance that is considered here is three days and three nights, for the narrations mentioning three days & three nights have reached the level of certainty. All the Companions who narrated other than three days also narrate the distance of three days and three nights. The narrations that mention two or one day will be restricted to specific circumstances, such as the fear of more fitna. Hence, they (Hanafi School) considers the narrations that mention three days & three nights as the basis of prohibition. (Zafar Ahmad al-Tahanawi, I’la al-Sunan, V. 10, P. 11)

It must be remarked here that this refers to the distance usually covered by walking or on an animal in three days & three nights (with the usual breaks for resting and eating). Therefore, the restriction of travelling with a Mahram applies if the distance of the journey exceeds this, even if the journey itself is accomplished in a shorter time.

The scholars have differed on the length of this distance. Many scholars are of the opinion that it is 16 Farsakh, and each Farsakh equals three miles, thus totalling to 48 miles. (See: Faydh al-Bari ala Sahih al-Bukhari, 2/397)

The great Hanafi Jurist, Imam al-Kasani (Allah have mercy on him) states:
“One of the conditions for the permissibility of a woman travelling for Hajj is that she is accompanied by her husband or a Mahram. If neither of them is accompanying her, then Hajj will not be obligatory.

It is stated in al-Fatawa al-Hindiyya:
“One of the conditions for a woman, whether young or old, to a able to travel for Hajj is that she is accompanied by her Mahram if the distance between her and Makkah is of three days. If the travelling distance is less than that, then she will perform Hajj without her Mahram.” (al-Fatawa al-Hindiyya, 219)

Imam al-Haskafi (may Allah have mercy on him) also states the same ruling in his renowned Durr al-Mukhtar, on which Allama Ibn Abidin (may Allah have mercy on him) commentates with the following:
“It is impermissible for a woman to travel the distance of three days and three nights. However, it will be permissible for her to travel the distance which is less than that without a Mahram because of need. It is reported from Abu Hanifa and Abu Yusuf (Allah have mercy on them both) that they disliked the travelling of a woman on herself even to the travel distance of one day and one night, and the Fatwa should be on this opinion due to the widespread immorality. This is also affirmed by the Hadith recorded in Sahih al-Bukhari and Sahih Muslim: “It is Impermissible for a woman who believes in Allah and the last day that she travels the distance of one day and one night except with a Mahram accompanying her”. However, it is stated in al-Fath (fath al-Qadir of Ibn al-Humam, m): “When the relied upon opinion is the first (i.e., distance of three days and three nights, m), the husband does not have a right to prevent her from performing Hajj if the distance between her and Makkah is less than three days.” (Radd al-Muhtar ala al-Durr al-Mukhtar, 2/465)

The above excerpts from the major reference books in the Hanafi School clearly indicate the impermissibility of a woman travelling without her Mahram or Husband. So much so, that we see Ibn Abidin (A major authority) stating that due to widespread immorality and corruption in his time, a woman should not even be allowed to travel the distance of one day (even though, the fatwa is on three days and three nights/48 miles). If that was the case in his time, what would the ruling be in our age?

It should be remembered here, that the basis for this ruling is not an evil assumption about the woman and her manners, as some people unreasonably think, but it is to take care of her reputation, dignity and safety. It is to protect her from the desires of those who have diseased hearts, from the assault of an immoral person or a thief.

Our (Shafi’i) scholars differed as to the ruling of her travelling for optional Hajj, visiting family and friends, for business or other such journeys that are not obligatory. Some said: “It will be permissible for her travel for these causes with a group of trustworthy women just as this is permissible for the obligatory Hajj. However, the majority of the scholars (jumhur) state that it is impermissible for her to travel unless accompanied by her husband or Mahram, and this is the correct opinion due to the authentic and established narrations. Qadhi Iyad (m: a major Maliki scholar) said: “All the scholars have agreed on the fact that a woman can not travel besides Hajj and Umrah except in the company of her Mahram, with the exception of migrating from Dar al-Harb, for the reason that it is unlawful (haram) for her to remain in the lands of the Kuffar,” (Nawawi, al-Minhaj sharh Muslim ibn al-Hajjaj, P. 1015, Dar ibn Hazm, Beirut)

The above excerpt of Imam Nawawi (may Allah have mercy on him) indicates that the dispensation given for a woman to travel in a group of upright and trustworthy women or with one upright woman is only in the journey of Hajj. The great Maliki scholar, Qadhi Iyad (from whom Imam Nawawi quoted) relates the consensus of all the scholars.

Imam Nawawi  confirms this in his al-Majmu’ where he states:
“The second opinion (in the Shafi’i school) is that a woman must not travel for other than Hajj without a Mahram, and this is the correct opinion and clearly related from Imam Shafi’i himself in his al-Umm. The reason is that to travel for other than Hajj is not obligatory.” Thereafter he quotes all the narrations that have been narrated from the Messenger of Allah (Allah bless him & give him peace) in this regard. (See: Kitab al-Majmu’ Sharh al-Muhazzab, 7/460)

The Maliki Madhab is also quite clear on this. We have already cited the opinion of Qadhi Iyad in Imam Nawawi’s commentary. Also, one of the major authorities in the Maliki school, Imam Dasouqi (may Allah have mercy on him) sates:
“If the journey is obligatory (like Hajj), it will be permissible for her to travel in the company of a Mahram, husband or a group of trustworthy and upright people. If the journey is recommended (mandub, and not obligatory), then it will be permitted for her to travel with only her husband or a Mahram and not in a group,” (Hashiya al-Dasouqi ala Sharh al-Kabir, 2/14)

The Hanbali School is similar to the Hanafi School, in that a woman must not travel without her Mahram accompanying her even for the auspicious journey of Hajj. Imam al-Bahuti (may Allah have mercy on him) states:
“If a woman performed Hajj without a Mahram, this will be unlawful (haram) for her, although the obligation of Hajj will be lifted.” (Kashaf al-Qina ala matn al-Iqna, 2/213. Also see: Ibn Qudama, al-Mugni, 3/236-237)

The foregoing is clear in determining that none of the four major Fiqh schools of thought permit a woman to travel without her husband or a Mahram in a journey besides Hajj. The Shafi’i and Maliki schools give a dispensation in that she may travel only for Hajj in a group of trustworthy and upright women (or one woman, according to some) given the importance and significance of the ritual of Hajj.

Therefore, it will not be permissible for a woman to travel over 48 miles in order to visit her family and friends, acquire knowledge or any other social reason. It is also strictly impermissible in the Hanafi and Hanbali schools for her to travel for Hajj, and permissible with a group of upright women, however, in the Shafi’i and Maliki schools.

It must be remarked here that the Shariah principle is that unlawful things become permissible in case of necessity, such as consuming pork becomes permissible when one fears death out of hunger. Contemporary scholars have given a dispensation in that if a woman does not have a Mahram (for one reason or another) and she is in a dire situation, then it will be permissible for her to travel. One of the great contemporary scholars, Shaykh Mufti Muhammad Taqi al-Usmani (may Allah preserve him) states:

“However, in the case of a woman who has neither a husband nor a father, nor does she have some other relative who could support her financially, nor does she have enough funds to take care of her needs, it would, under this situation, become permissible for her to go out of the house under legal hijab and earn her living to the limit of her need. Now, when this purpose can be easily achieved while living in one's own country or city, then there is no need to travel to a foreign land. If there is no other way for her, but to travel to another city, and she does not have any Mahrams, then only in this situation it will be permissible for her to take the opinion of Imam Shafi’i and Imam Malik, for they have given permission for her to travel with a group of trustworthy women.” (Buhuth fi qadhaya fiqhiyya al-mu’asira, P. 338)

I would like to add here that, as we have seen, the Shafi’i and Maliki schools have only given a dispensation in travelling for Hajj, thus this dispensation would be based on the concept of necessity. It would be wise to mention, that a woman's Mahram is a permanently non-marriageable male relative of hers. According to the majority of scholars, his being a Muslim is not a condition.

“A Mahram is the husband and those for whom it is permanently unlawful to marry the woman, whether this is due to blood relationship, fosterage, or marriage (such as the father in-law, m). It is a condition that he is trusted, sane, and has reached puberty (baligh), whether he is free or a slave and regardless of whether he is a Muslim or a unbeliever. However, if he is a fire worshiper who considers marriage with relations and family members lawful, then she should avoid travelling with him. A boy who is close to puberty will be considered to be mature.” (al-Fatawa al-Hindiyya, 1/219)


(20) Some contemporary people argue that travelling in modern times have changed from how it was in the time of the Messenger of Allah (Allah bless him & give him peace). It is incumbent upon us to look at travelling in our time. It is not like how travelling was in the past. It is not filled with the dangers of the waterless deserts, encounters with thieves, highway robbers, etc. Now travelling is by various modes of transportation that usually gather large amounts of people at a time, such as planes, cars, buses, ships, etc…Thus, this provides plenty of confidence and reliability, removing feelings of fear for the woman, because she will not be by herself in any place, and the principle of Islamic Jurisprudence states: “Rulings change due to the changing of times”. Also, some classical scholars have made exceptions with regards to the impermissibility of women travelling in that they may travel in a group, or if there is no fear or risk of Fitna, it would be permissible.

The above understanding is incorrect due to many reasons, and the permissibility of women travelling without a Mahram can not be justified on its basis.

Firstly, the principle of Islamic jurisprudence quoted above is surely an accepted theory among the classical Fuqaha, but one needs to understand the concept behind this principle. The meaning of “laws changing” is not that the laws of Shariah will change in accordance with the time and era, rather, laws that are based on custom and habit (urf ) or the rules of Fiqh which are based on juristic opinion (ra’i) or Ijtihad have often been formulated in the light of prevailing custom. It is therefore permissible to depart from them if the custom on which they were founded changes in the course of time. Rulings that are based upon clear texts of the Qur’an and Sunnah can never change. The scholars of Usul al-Fiqh stipulate that a custom or a practice which is contrary to the text of the Qur’an and Sunnah is an unacceptable custom (urf al-Fasid). (See: Ibn Abidin, Nashr al-Urf fi bina ba’d al-ahkam ala al-urf, P. 115)

Secondly, there is a difference between legal Wisdoms and legal Reasons. The rulings of Shariah are always based on the reason (illa) and not the wisdom (hikma) behind it.

An example for this is that the wisdom behind the prohibition of wine and alcohol is that it creates enmity and hatred between people and it hinders one from the remembrance of Allah. The reason, however, is that it is an intoxicating substance. Now, if one was to say that wine will be Halal for me, as I will lock myself up after drinking wine, thus no destruction will be caused. Any sane person will conclude that he is wrong, as wine is Haram whether you cause any destruction and damage to others or not. The reason being, that the cause for the prohibition of wine is that it intoxicates you, regardless of whether the wisdom is present or not. (See: Usul al-Iftaa & other usul books).

This can be understood more clearly with an example from our day to day life. The law states that the driver must stop his car when the lights are red. The wisdom behind this ruling is that it stops and prevents accidents. However, the reason (illa) for this ruling is the lights being red. Now, a driver who is driving in the middle of the night sees that the light is red, but does not see any sign of a car. If the law was based on the wisdom (which is to prevent accidents), then it would be permissible for his to drive through the red light. However, as it is common knowledge, that despite there being no possibility of an accident, he must stop his car otherwise he will be arrested if caught, for the law is based upon the reason and not the wisdom.

The same is with women travelling without a Mahram. The wisdom behind this ruling is surely to save her from the dangers that can be encountered in the journey. However, this is not the legal reason. The reason (illa) is her travelling the distance of three days and three nights, thus whether the journey is safe, in a plane or on foot, it will remain impermissible.

This is very similar to the ruling of shortening the prayers whilst on journey a (qasr). The wisdom behind the ruling is undue hardship (mashaqqa); however, this is not the reason. The reason is the travelling distance of three days and three nights. Therefore, all the Hanafi scholars (classic and contemporary) have declared that it is incumbent upon a traveller to shorten the fardh prayers, even if one was in a perfectly comfortable journey. We don’t see people suggesting that the prayers must not be shortened due to the modern day means of transport!

Thirdly, if one was to look at the exceptions made by some of the classical scholars of the other schools of thought, it would be evident that these exceptions and dispensations are only in relation to the journey of Hajj. The reason for this is that there has been a lot of emphasis in the Qur’an and Sunnah regarding the obligation of Hajj, thus we have two types of texts that apparently contradict one another. However, this can never be generalized to all types of journeys.

(21) The Hanafi text Fath al‑qadir (vol. II, "Bab al‑Hajj") mentions this question being put to Abu Hanifah, who, in his reply, considered that priority lies with the Hajj. The generality (itlaq) of this answer in which he gives priority to the Hajj, taking into consideration that marriage is obligatory under certain conditions, allows us to conclude that for Abu Hanifah delay in Hajj is not permissible.
According to the Shafi'i, Hanbali and Imamiyyah scholars, marriage has priority if there is likelihood of distress (haraj) or difficulty (mashaqqah) in refraining from marriage. In that case priority does not lie with the Hajj. (Kifayat al‑'akhbar, al‑Mughni, al‑`Urwat al‑wuthqa)



(22) God wishes for us convenience not hardship, in fulfilling any of our obligations to Him and Hajj is no exception. In the Quran, God has specified four continuous sacred months during which Hajj can be performed. “Hajj shall be observed in the specified months. Whoever sets out to observe Hajj shall refrain ………………” (Surah 2/197).
 But the local governments restrict it to a few days for their own convenience and most of these days are spent in managing the arrival and movement of approximately 2 million pilgrims. The precious time, which could be spent in worshipping God and performing the rites in peace, is spent in getting from place to place and dealing exasperatingly with the huge crowds! Eventually, the spirit of the pilgrimage is a bit diluted as the commandments to refrain from misconduct and arguments throughout Hajj are often violated. If people followed God’s decree to perform Hajj anytime during the four months, everyone would be able to do it in comfort and concentrate on maximizing the opportunity.

(23) We are required to worship God alone throughout our lives. During this long journey the Hajj pilgrimage has been prescribed as a once-in-lifetime duty. God is forgiving anytime a person decides to repent and reform. It is extremely unlikely that our noble Prophet has  assured people that going on Hajj will get all their sins forgiven. How can  a few days of pilgrimage wipe out a lifetime of past sins just like that? Such thinking prevents  people from taking their lives and religious duties seriously. There are Muslims who do not offer the daily mandatory prayers and still perform the Hajj in the hope that all their past sins will be forgotten. We have to steadfastly obey God’s commands and continuously seek His forgiveness before Hajj, after Hajj or without Hajj.  It is entirely up to God when and how to forgive us, as per HIS command:
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 “I am surely Forgiving for those who repent, believe, lead a righteous life, and steadfastly remain guided” (Surah 20/82).

Similarly it is also incorrect to believe that death during Hajj  assures a place in Heaven. Our final fate depends on how far we have submitted to HIS will and followed the Golden principles of Islam in our lives. If we insist on violating the God’s law through out our lives dying during  Hajj will not deliver us to Heaven. Allah Ta’aala Subhanahoo has guided us thus on this issue:
“O ye who believe! Fear (or be careful of your duty to) Allah as He should be feared, and die not except in a state of Islam.” (Surah 3/102)

“Those whom the angels cause to die in a good state, saying: Peace be on you: enter the garden for what you did.” (Surah 16/32)

Our ultimate salvation depends on how we have lived our lives and not on the locality we have died.