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Problem # 1 If a person makes a will for Hajj its expenses shall be defrayed from his actual legacy, if it were an obligatory one, except when he has himself clarified that it is to be defrayed from the one-third, in which case it shall be defrayed from the one-third. If it does not suffice, the deficiency shall be met from the actual legacy, without any difference whether it is an Islamic, votive or an unsound Hajj. If it were an approved Hajj its expenses shall be defrayed from the one-third. If it is not known whether it is an obligatory or approved one, then it shall be decided in the light of the tenor or aversion; otherwise, they shall be ed from the one-third, or when it is known to be obligatory previously, but now there was doubt as to its performance, in which case they shall be defrayed from the actual legacy.
Problem # 2 Hajj from Miqat is sufficient, whether the deceased has made a will for the obligatory or approved Hajj but the expenses for the former shall be defrayed from the actual legacy, while for the latter from the one-third. If he has made will for Hajj to be performed from his hometown, then the expenses exceeding those for Hajj from Miqat shall be met from the one-third in the former and from the actual legacy in the latter.
Problem # 3 If the deceased has not specified the wages (in his will), then it is necessary for the executor to confine it to the proper wages, provided that the heirs do not agree or there is some incapable person (Qasir; like a minor or insane person) among them. Of course, as regards one who is not incapable, it is up to him to contribute as much as likes from his share. If there is anyone among the heirs who agrees with less Hajj the proper wages, the executor shall be bound to hire him on the afore-said condition. In case of disagreement of the heirs or the existence of an incapable person among them, according to the more cautious opinion, the executor shall be bound to search for such a person. Rather, its obligation is not devoid of force, particularly in case of a presumption of the existence of such a person. Of course, he is not bound to make extra-ordinary search. If there is a volunteer to perform Hajj on behalf of the deceased, it shall be permissible to suffice with him in the sense that he shall not need to resort to hiring someone, Rather, it is obligatory in case there is an incapable person among the heirs. If the person performs Hajj correctly, it shall be sufficient; otherwise, hiring someone shall be obligatory. If no one is found to agree with the proper wages, then payment of extra wages shall be obligatory, if the Hajj were an obligatory one. It is not permissible to delay it for the following year, even despite the knowledge about finding one who would agree with the proper or lesser wages. The same shall be the case if the deceased has willed to expedite the approved Hajj. If the deceased has specified the amount of wages, it shall be confined to that amount, and it shall be deducted from the actual property in case of an obligatory Hajj, provided that it does not exceed the amount of proper wages; otherwise, the excess shall be paid from the one-third, In case of an approved Hajj it shall be paid entirely from the one-third, If what has been specified by the deceased does not suffice, then it shall be obligatory to complement it from the actual property in case of an obligatory Hajj while in case of an approved Hajj there are detailed rules.
Problem # 4 It is obligatory to hire a person agreeing with the least wages from among the people in case of disagreement of the heirs or the existence of an incapable person among them. It is more cautious for the elders among the heirs to hire someone suitable for the position of the deceased.
Problem # 5 If the deceased has specified whether the Hajj is to be performed once or in a specific number, action shall be taken accordingly. In case he has not specified, a single Hajj shall suffice, except when the tenor demands repetition. If the deceased has specified one-third of the property, but has not mentioned anything other than Hajj, it shall not be far from likely to spend it exclusively on Hajj. If he has willed for repeating Hajj twice shall be sufficient, except when the tenor demands more. If he has will for an obligatory Hajj, and has also specified a particular person to be hired, action shall be taken accordingly. Now, if the person does not agree except with higher Hajj the proper wages, the excess shall be defrayed from the one-third, if possible; otherwise, the will shall be cancelled, and another person shall be hired against proper wages, except that the heirs agree (with the former arrangement). The same rule shall be applied in cases similar to this Problem. If the deceased has willed for an approved Hajj its expenses shall be defrayed from the one-third. If the person (specified by the deceased) does not accept except more Hajj that, it shall be cancelled. If the will contained several demands, another person shall be hired; otherwise, it shall be cancelled.
Problem # 6 If a person wills the expenditure of a specific amount for Hajj in a specified number of years, and specifies a particular amount for each year, and incidentally the amount does not suffice for each year, for example, the portion of two years shall be spent on one year, or that of three years on two years, and so on. If there is some residue out of the expenses for the specified number of years which, however, does not suffice for a single Hajj even if from Miqat, it shall be spent on some charitable purpose. If what is willed, is a Hajj from the hometown of the deceased, and there is an alternative either to spend the wages for two years for that of one year or hire with that amount for Hajj from Miqat for each year, the former shall be chosen. This is the rule when there is no knowledge about the intention of the deceased for that particular amount for Hajj exclusively; otherwise, the will shall be cancelled if there is no hope of its performance by delay, or it were specified for a specific number of years.
Problem # 7 If a person makes a will and specifies a particular amount for wages, then if it were an obligatory Hajj and it did not exceed the proper wages, or exceeds it, but one - third of his property suffices to meet the excess, or the heir should agree (to its payment) action shall be taken according to his will; otherwise, it shall be cancelled, and action shall revert to the proper wages. If the Hajj were an approved one, such action shall be taken, provided that the one-third suffices for it; otherwise to the extent of its sufficiency, when the specification were not in the form of a stipulation. If the amount does not suffice even for a Hajj from Miqat, and the heirs also do not permit it, or it were in the form of a stipulation, it shall be cancelled.
Problem # 8 If the deceased has specified an amount for Hajj which is not accepted by anyone even for a Hajj from Miqat ,and the Hajj were an approved one, the will shall be cancelled, if there is no one to accept it, and the money shall be spent on charitable purpose, except there is knowledge its being in the form of a stipulation, the amount shall revert to the heirs, without a difference between the following inability or otherwise, or between his will for one-third and its specification for particular purposes or otherwise.
Problem # 9 If a person wills that Hajj should be performed on his behalf on foot or barefooted or on a particular means of transport, it shall be valid, and, if it were an approved one, its expenses shall be defrayed from the one-third, and, if it were an obligatory one, the excess upon the Hajj from Miqat or the difference between the Hajjs mentioned and ordinary Hajj (shall also be defrayed from the one-third). If he owed a votive Hajj on foot or the like, its expenses shall be deducted from the actual legacy, regardless whether he has willed for it or not. If there were a condition in his vow for the personal performance of the Hajj, then apparently it shall not be obligatory to hire another person for it, except when it is established that there were several things required (in the vow).
Problem # 10 If a person wills for two Hajjs or more, and states that he owes them, necessary inquiry shall be made about it, (and if it is established after the inquiry), their expenses shall be defrayed from the actual legacy, except when his affirmation is made during the sickness resulting in his death, and he is charged with making a wrong affirmation, in which case the expenses shall be defrayed from the one-third.
Problem # 11 If a person wills that the property owned by him must be spent on an approved Hajj, and it is not known whether it is to be taken out from the one-third or not, it shall not be permissible to spend the entire amount (on the approved Hajj). If the deceased claims that the heirs own twice his property, or that he has willed for it, and the heirs have permitted it, his claim shall be heard as one advocated as a claim and not as one to be enforced. .
Problem # 12 If the Wasi dies after receiving the wages for hiring from the legacy, and there is doubt whether before his death, he had hired someone with that money or not, then if there is still ample time for performing Hajj and it were an obligatory Hajj, it shall be obligatory to hire someone for the purpose with the rest of the legacy. The same shall be the rule if so much time has not elapsed in which it was possible to hire someone. Rather, apparently it shall be obligatory, if the obligation were prompt and so much time has elapsed in which it was possible to hire someone. If the Hajj were an approved one, its expenses shall be deducted from the rest of one-third. According to the stronger opinion, he shall not be held liable for what he had received. If the money received by him is still there, it shall be taken back from him. Of course, if the Wasi had made some property transaction with it during his lifetime, or his heirs have done so, it is not for from being not permissible to take it back from him, though there is some ambiguity in this rule, particularly in the former case.
Problem # 13 If the Wasi receives the wages a it is destroyed while in his possession without his mistake, he shall not be held responsible for, and it shall be obligatory to hire someone with the rest of the legacy, or rest of the one-third. If it were divided, it shall be taken back. If there is doubt whether what has been destroyed was by his mistake or not, even then he shall not be held responsible for it. If the hired person dies before fulfilling his assignment, and there is no legacy left by him, or it is possible to get it from his heirs, (another) person shall be hired from the rest of the legacy or the one-third.
Problem # 14 It is permissible to perform an approved circumambulation on behalf of the deceased, and, likewise, on behalf of a live person if he were away from Mecca or present in Mecca but unable to perform it. But in case he is present and there no excuse for him, it shall not be permissible. As regards the other rites (of Hajj), whether their personal performance is approved or it is permissible to perform them on behalf of others, it is not certain, including even the Sa'y (Running or moving quickly between Safa and Marvah), though its approbation is apparent from some of the traditions.
Problem # 15 If a person has something entrusted to him, and its owner has died, and he owed an Islamic Hajj, and he was sure or suspected that his heirs would not perform it on his behalf if he pays it to them, it shall be obligatory on that person to perform Hajj with it on behalf of the deceased, and if there is any surplus out of the wages of the Hajj, he must return it to his heirs. It is more cautious to take the permission of the judge, if possible. Apparently it is not particularly in case the heirs have nothing. Nor is it particularly related to the trustee's performing Hajj personally. There is difficulty in affiliating with it kinds of obligatory Hajj other Hajj the Islamic Hajj, or other obligations like Zakat or the like. The same is the case with affiliating things other Hajj trust like a real property which has been rented out, or a loan, or the like. It is more cautious to refer the matter to the judge, and not act arbitrarily. The same shall be the case if the heir refutes (the obligation of Islamic Hajj on the deceased), or refuses to ~contribute (for Hajj of the deceased), but it is possible to establish it before the judge or it is possible to compel him. So in all these cases reference shall be made to the judge, and arbitrary action shall not be taken.
Problem # 16 It is permissible for the agent to perform circumambulation for himself or on behalf of someone else after having performed the rites of Hajj for his principal. Similarly it is also permissible for him to perform an individual 'Umrah for himself or on behalf of someone else.
Problem # 17 If a person pays some money to another to hire someone for Hajj, it shall be permissible for him to perform the Hajj himself unless he knows that the principal intended hiring someone other Hajj that person even as expressed by words. In case of expression by words, it shall not be permissible to contravene it except when he has satisfaction to the contrary. Rather, it is more cautious for him not to perform it himself except when he is certain that the intention of the principal was just the performance of Hajj. If, however, the principal has appointed some particular person for the job, action shall be taken accordingly, except when there is certainty about that person's incompetence and the principal had been mistaken in his case, or he had mentioned him just as one of the several persons.
Problem # 1 For a person not fulfilling the conditions of maturity, capability, etc., it is permissible to perform Hajj whenever possible. Likewise, (it is approved), for a person who has performed his obligatory Hajj. Rather, it is approved to perform it every year, and is disapproved to abandon it for continuous five years. It is a approved to have the intention of returning while leaving Mecca, and it is disapproved to intend otherwise.
Problem # 2 It is approved to perform Hajj on behalf of close relatives, living or dead. Similarly, (it is approved) to perform Hajj on behalf of the Ma'sumin (i,e the Infallibles, the Prophets and the Imams), Peace be upon them, living or dead, and to perform circumambulation on their behalf, or on behalf of others Hajj them, living or dead, provided that they are not present in Mecca or are unable (to perform Hajj). It is also; approved to send others for Hajj regardless whether they are capable or not. It is permissible to pay Zakat for performing Hajj to a person who is incapable.
Problem # 3 It is approved for a person who has no travel and other expenses for Hajj to borrow money and perform Hajj with it if he is sure to be able to repay it.
Problem # 4 It is approved to spend lot of money on Hajj. Performance of Hajj is preferable to payment of charity for Hajj.
Problem # 5 It is not permissible to perform Hajj with unlawful money. It is, however, permissible to perform Hajj with doubtful money, like the rewards from tyrant (rulers) without the knowledge about their unlawfulness.
Problem # 6 It is permissible to offer the reward of Hajj to others after its performance, as also it is permissible to do so with its intention before its performance.
Problem # 7 It is approved to perform Hajj for a person who no money for its performance even if he has to let his services be hired by another person.
Problem # 1 Like Hajj, 'Umrah is also divided into three kinds: Initially obligatory, incidentally obligatory and approved. Initially Hajj is obligatory on every Mukallaf (adult and sane) person once in lifetime on the condition of fulfillment of the relevant qualifications for Hajj. Like Hajj, its prompt performance is also obligatory. For the obligation of 'Umrah, the capability to perform Hajj is not a condition, but the capability to perform 'Umrah shall suffice, even if he has no capability to perform Hajj, as is the case vice versa, so that if a person is capable to perform Hajj without being capable to perform 'Umrah, it shall be obligatory on him to perform Hajj without the obligation of 'Umrah.
Problem # 2 'Umrat-al Mufradah is sufficient for 'Umrat-al Tamattu'. Whether 'Umrat-al Mufradah becomes obligatory on a person who has its capability and who is bound to perform Hajj-al Tamattu', but has not its capability? According to what is prevalent among the jurists, it is not obligatory, and that opinion is stronger. Therefore, it is not obligatory on an agent after performance of assignment of Hajj, even if he has its capability and happens to be in Mecca. Similarly, it is not obligatory on a person for whom 'Umrat-al Mufradah is possible, though due to some impediment, Hajj is not possible, but it is more cautious for him to perform the former.
Problem # 3 Sometimes 'Umrah becomes obligatory by vow, oath or pledge, or a stipulation in an agreement, being hired or invalidating an (obligatory) 'Umrah, though according to the confirmed opinion, the application of obligation to all the cases except the last one is to be forgiven. 'Umrah also becomes obligatory by entering Mecca in the sense that entering Mecca without it is forbidden, as it is not permissible to enter Mecca without tying Ihram, except in a few cases, as for one whose trade requires repeated entry into and departure from Mecca, like a fuel seller, a vegetable (or hay) seller. But granting general exemption to everyone who repeats the said act is difficult. There are some more persons (who are granted exemption) like a sick person or a person suffering from gastric or intestinal ailment, which have been mentioned in their relevant sections. In cases other Hajj mentioned here, 'Umrah is considered approved, and it is approved to repeat it like Hajj. There is difference of opinion over the distance allowed between the performances of two 'Umrahs. In case of a distance of less Hajj a month, it is more cautious to perform it with the hope (that it shall be desirable to Allah).
There are three kinds of Hajj: Tamattu', Qiran and Ifrad.
Hajj-al Tamattu' is obligatory on persons living away from Mecca, while Hajj-al Qiran and Hajj-al Ifrad are obligatory on those are living in Mecca and not away from Mecca. According to the stronger opinion, the minimum distance from Mecca on all the four directions is forty-eight miles. Apparently such distance is obliged to perform Hajj-al Tamattu'. In case a person doubts whether his residence lies within or beyond such limit, he is bound to make necessary inquiry, and if it is not possible, he must observe caution. Now what has been mentioned here relates to Islamic Hajj. In case of a votive Hajj or the like, one may vow to perform any kind of Hajj he likes. The same rule shall apply to the other two similar types of Hajj, (namely, the Hajj for an oath or a pledge). As regards an invalidated Hajj, it is governed by its own kind, (so that if the invalidated Hajj were a Hajj-al- Tamattu', he shall be bound to perform Hajj-al Tamattu', and so on).
Problem # 1 If a person has two residences, one of them being at a distance less Hajj the prescribed limit, while the other beyond it or on its frontier, it is necessary that he must observe the kind of Hajj according to the one where he stays longer, provided that he has not stayed in Mecca for two years. If both the times are equal, then if he has the capability for both, he may opts either of them, though it would be preferable to opt for Hajj-al Tamattu'. If he has the capability to perform only one of them, he must perform the kind of Hajj whose capability he possesses.
Problem # 2 If a person is an inhabitant of Mecca, but left for some other place and then returned to Mecca, then he shall be bound to perform the kind of Hajj obligatory on a Meccan. Rather it is not devoid of force.
Problem # 3 If an Afaqi (i.e. an inhabitant of a place outside Mecca) starts residing in Mecca. If it were after his capability and obligation of Hajj-al Tamattu' on him, then there is no difficulty in the subsistence of the obligation of Hajj-al Tamattu' on him, regardless whether his residence were with the purpose of permanent residence or proximity to Mecca, even for more Hajj two years. But if he were not capable, and has attained capability after residing in Mecca, then he shall be governed by the rule relating to the inhabitants of Mecca after entering the third year of residence in Mecca, provided that the stay in Mecca were with the intention of having proximity to it. If it were with the intention of permanent residence, then the rule shall change from the beginning. In case of change, he shall also be governed by the rule relating to capability as applicable to a Meccan. In the obligation of Hajj, it is sufficient that it should have been attained during the stay in Mecca, and it is not a condition that he should have such capability from his hometown. If he has attained the capability after staying in Mecca before the passage of two years, but with the condition that had he expedited the performance of Hajj before the passage of two years, then apparently it would be like attaining capability in his own hometown, and so Hajji-al Tamattu' shall be obligatory on him, even if the capability subsists upto the third year or longer. If a Meccan leaves Mecca for some other town with the intention of proximity to it, he shall not be governed by the rule of obligation of Hajj-al Tamattu' except when he resides there permanently and attains capability subsequently, in which case the obligation of Hajj-al Tamattu' shall apply to him even in the first year.
Problem # 4 If a person residing in Mecca has the obligation for Hajj-al Tamattu' as he had capability in his hometown (before residing in Mecca) or he had attained capability in Mecca before the change of his obligation, it shall be obligatory on him to leave Mecca for Miqat for tying the Ihram for 'Umrat-al Tamattu'. It is more cautious for him to go to his hometown and tie Ihram from there; rather, this rule is not devoid of force. If it is not possible for him, it shall be sufficient for him to return to some nearer place outside the limits of Mecca. It is more cautious to go as far as possible outside the Haram before Miqat. If it is not possible for him to go out upto the nearest place outside Mecca, he must tie Ihram from his place of residence. It is more cautious to go out as much (farther) as possible.
Its form is that a person should tie Ihram for 'Umrat-al Tamattu' in the months of Hajj from one of the Miqats of Hajj, enter the holy Mecca, perform circumambulation seven times, offer two Rak'at prayer at the Maqam-i Ibrahim, perform Sa'y (running or moving quickly) between Safa and Marvah seven times, perform Tawaf al-Nisa' by way of caution seven times, then offer two Rak'ats prayer for it, though, according to the stronger opinion, the Tawaf al-Nisa' and its prayer are not obligatory, and then perform Taqsir (cutting or trimming the hair of one's head). Then everything that had become forbidden for him by tying Ihram shall become lawful. This is the form of the 'Umrat-al Tamattu' that is one of the two parts of Hajj.
Then he should tie Ihram for Hajj anew from Mecca at the time when he knows that he shall reach 'Arafat for staying there. It is preferable to tie Ihram after the Zuhr prayer on the Yowm-i Tarviyah (8th of Dhu'l Hjjah). Then he should set out for 'Arafat, and stay there from afternoon to sunset. Then he should set out from there and go to Mash'ar (al-Haram) and pass the night and stay there from the dawn of the Day of Sacrifice (i.e., Eid al-Adha) upto sunrise. Then he should go to Mina to perform the rites of the Day of Sacrifice {or Eid al-Adha). Then he should perform the Ram'y al-Jamrat (or throwing pebbles on the Big Satan). Then he should perform sacrifice by piercing a spear in the neck of a sacrificial camel (Nahr) or slaughter a sacrificial animal by cutting its throat (Dhabh). Then he should shave the hair of his head, according to the more cautious opinion, if he were performing Hajj for the first time, while the others (who are not performing Hajj for the first time) shall opt between shaving the head or trimming its hair. It is necessary for women to trim (some of) the hair of their head. Thereafter everything shall be lawful for him except having sexual intercourse with women or using perfumes. To be more cautious, one should also abstain from hunting, though, according to the stronger opinion, it shall not be forbidden for him due to Ihram. Of course, it shall be forbidden as a mark of respect for the Haram. Then, if he likes, he may come the same day to Mecca, perform the circumambulation f Hajj, offer two Rak'ats of prayer, and then perform Sa'y (between Safa and Marvah), after which it shall be lawful for him to use perfumes. Then he shall perform Tawaf al Nisa', and offer two Rak'ats of its prayer, then his wife or wives shall become lawful to him. Then he shall return to Mina to perform Ram'y a/-Jamrat (throwing pebbles on all the three Satans) pass the Tashriq nights, that is, the 11th, 12th and 13th (of Dhu'l Hijjah) there. As regards passing the 13th night, in some cases, its rule is as follows. During the (three) days, he shall throw the pebbles on the three Satans.
If he likes, he may not come to Mecca the same day, but stays in Mina, in order to throw pebbles on the 11th and also on 12th and then, if he has abstained from enjoying women sexually and hunting, he may set out in the afternoon (on 12th from Mina). It shall be permissible, if he stays in Mina until the second departure that is on 13th even if it were earlier than afternoon, but after throwing the pebbles. Then he shall return to Mecca to perform the two circumambulations (for Hajj and Nisa) and Sa'y (between Safa and Marvah). According to the more valid opinion, it shall suffice to perform circumambulation and Sa'y (between Safa and Marvah) until the end of Dhu'l Hijjah. It is more preferable and more cautious to go to Mecca on the Day of Sacrifice (Eid al-Azha). Rather, one should not delay going to Mecca till the next day, let alone delaying it until the Tashriq days, except due to some excuse .
Problem # 1 There are a few conditions in Hajj-al Tamattu'. They are as follows:
First: Intention. It means that at the time of tying the Ihram al-'Umrah, the person must intend to perform this kind of Hajj. If he fails to have such intention, or intends to perform any other kind of Hajj, or hesitates between the intentions of this kind of Hajj and any other kind, it shall not be a valid Hajj.
Second: His entire 'Umrah and Hajj must take place in the months of Hajj, so that if he performs his 'Umrah or part of it in a month other (than those of Hajj), it shall not be permissible for him to perform Hajj-al Tamattu', the whole months of Hajj, according to the most proper opinion, being Shawwal, Dhu'l Qa'dah and Dhu'l Hijjah.
Third: The Hajj and 'Umrah must be performed in the same year, so that if a person performs 'Umrah in one year, and Hajj in another, it shall not be valid, and shall not sufficient for Hajj-al Tamattu', regardless whether he stays in Mecca until the next year or not, and whether he had untied his Ihram al-'Umrah or remained tying it until the next year.
Fourth: The Ihram of his Hajj, if possible, must be from within Mecca. As regards the Miqats for tying Ihram for 'Umrah, they are as follows. The most preferable place for it is the Masjid al-Haram, and the most preferable portion it is the Maqam-i Ibrahim or the Hajar-i Ismail. If he is not able to tie Ihram from Mecca, he may tie from where he can. If he ties Ihram from a place other than Mecca deliberately and voluntarily, his Ihram shall be declared invalid. If he fails to tie it again, his Hajj shall be void, and it shall not be sufficient to return to Mecca without tying it. Rather it shall be obligatory on him to tie it again in Mecca, as tying it in a place other than Mecca shall be tantamount to not tying it at all. If he ties it from a place other than Mecca out of ignorance or forgetfulness, he shall be bound to return and, if possible, tie it again. In case it is not possible, he must tie it again wherever he is.
Fifth: The entire ‘Umrah and Hajj must be performed by a single person and for a single person. If two persons are hired to perform them on behalf of a deceased person, one for ‘Umrah and the other for Hajj, it shall not be sufficient for him. If a person performs Hajj- al Tamattu', and then performs 'Umrah on behalf of one person and Hajj on behalf of another, it shall not be valid.
Problem # 2 It is more cautious for a person not to leave Mecca after untying the 'Umrat-al Tamattu' unnecessarily. If there were some necessity, it would be more cautious for him to tie Ihram for Hajj from Mecca and go out for fulfilling the necessity, and return tying Ihram for the performance of the rites of Hajj. But if he goes out without any necessity and without tying Ihram, and then returns and ties Ihram and performs Hajj, his Hajj shall be valid.
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