Hajj concessions

30/11/2008

Relieving people of difficulty and keeping them from harm is one of the basic purposes of Sharee’ah and the Quran and Sunnah are teeming with proofs of this. Allaah The Almighty Says (what means):

{Allaah Intends for you ease and Does not Intend for you hardship.} [Quran 2:185]

{And Allaah Wants to Lighten for you [your difficulties]} [Quran 4:28]

{He Has Chosen you and Has not Placed upon you in the religion any difficulty.}[Quran 22:78]

The Prophet  said: “Allaah Likes His concessions to be utilized just as He Dislikes His prohibitions to be committed.” [Ahmad]

The wording of another narration reads: “Allaah Likes His concessions to be utilized just as He Likes His original rulings to be fulfilled.” [Al-Bayhaqi and others]

Based on these texts, scholars stated a number of Fiqh-related rules that help remove harm and difficulty for those who are competent for religious assignments. Some of these rules are; “Difficulty summons alleviation”, “Damage is lifted under Sharee‘ah”, “The stricter matters become, the sooner they will be resolved” and other Fiqh-related rules that jurists stated.

Some of the concessions that were legislated in Hajj to make matters easy for pilgrims are:

• Assuming the state of Ihraam should be, in principle, at the prescribed Meekaats, however, it is permissible to assume the state of Ihraam before reaching the Meeqaat if one is afraid of missing it because of sleeping, ignorance or the like.
• It is impermissible, in principle, for the one who assumes the state of Ihraam to wear form fitting clothes, but if the person did not find an Izaar (lower garment), he may wear pants and if he did not find slippers, he may wear leather socks.
• Some scholars said that it is permissible to wear form-fitting clothing if there was a necessity such as coldness or injury. However, the person should give ransom according to the soundest opinion.
• It is permissible for the person who assumes the state of Ihraam to perform Ghusl, for the sake of feeling cold, wash his head and rub it gently and easily, if he needed this.
• It is permissible to wash the clothes that the person who is assuming the state of Ihraam is wearing if they became unclean and he may change them with something that is permissible to wear during Ihraam.
• It is permissible to fasten the Izaar and money around the waist.
• It is permissible for women to wear form-fitting clothing provided that they do not display her adornment. However, women should not wear a face cover, yashmak or gloves. There is no harm to put her veil on her face, if she needed to do so. Nevertheless, women should lower their veil over their faces upon meeting non-Mahram men.
• The basic rule for Ihsaar (prevention) that makes ending the state of Ihraam permissible is when being prevented by an enemy. Nevertheless, some scholars said that it is permissible to end the state of Ihraam because of illness or any other excuse that prevents the one who is in state of Ihraam from continuing the rituals of Hajj, such as running out of money, losing one’s money, or getting lost
• The basic principle is that staying at ‘Arafah should be during the day in addition to part of the night. However, if the person who is in a state of Ihraam passed by ‘Arafah or was sleeping, unconscious, or did not know that this is ‘Arafah, this will be sufficient for him according to the opinion of some scholars
• Some scholars said that it is obligatory to spend the night at Muzdelifeh until dawn, but some scholars said that it is permissible to allow the weak and those who have excuses to go to Mina after midnight to stone the Jamrah of Al-‘Aqabah
• The basic principle for the Islamic obligations is that they should be done by the person, who is competent for religious assignment, himself. However, assigning a proxy in Hajj is permissible in cases of illness or disability. Assigning a proxy is also permissible in some acts such as throwing the pebbles, if the person was unable to do it by himself because of an illness or because of fearing the crowd that may bring harm to him and if he could not do it at any other time.
• The time of throwing the pebbles on the Days of Tashreeq should, in principle, be after noon up to the sunset, but some scholars said that it is permissible to throw the pebbles at night if there was a need to do this, such as fearing the overcrowdedness or not being able to reach the target.
• The basic principle for those who hasten is to leave Mina on the second day of Tashreeq before sunset. In case of staying there after the setting of the sun, they must stay for this night and throw the pebbles on the third day. However, if one was delayed because of reasons that are out of his control, such as preparing to travel then being delayed because of the crowd, this will be alright.
• Spending the night at Mina during the Days of Tashreeq is obligatory according to the majority of scholars and the one who misses it should offer a sacrifice. However, it is permissible for those who have excuses, who are ill, who are taking care of a sick person or who are busy and are afraid of missing something, not to spend the night at Mina without being required to offer a sacrifice.
• The basic principle is that the Tawaaf of Ifaadhah should be during the Days of Nahr (slaughtering), but if someone performed it during the days of Thul-Hijjah or after them, this will be valid according to the soundest opinion.
• Purification is a condition for the validity of circumambulation according to the majority of scholars. However, if a woman who is menstruating or has post-partum bleeding before performing the Tawaaf of Ifaadhah, was obliged to leave Makkah and could not come back to perform circumambulation, she can perform Ghusl, take precautionary measures and perform Ifaadhah circumambulation and Sa’y. In this case her circumambulation and Sa’y will be valid because of the necessity.
• It is permissible for the woman who is menstruating or experiencing post-partum bleeding not to perform the Farewell Tawaaf (circumambulation). Ibn ‘Abbaas, May Allaah Be Pleased with him, said, “People were commanded to make (visiting and circumambulating) Al-Bayt (the Ka‘bah) the last thing they do (in their Hajj), but this was lightened for the women who are menstruating.”

These are some of the concessions that jurists mention in this regard, and pilgrims should realize the rulings of the rituals and ask scholars for any thing that confuses them. Pilgrims should not only seek easiness, but they should also be keen on following the Sunnah and the guidance of the Prophet  as much as they can.