Fourth: Those who are certain that they shall not be able to perform the rites until the end of Dhu'l Hijjah,
Problem # 4 In the above four category of people except the last one, if it transpires otherwise, so that no menstrual or puerperal blood is seen by the women, or the ailing person recovers, or the crowd was not to the extent they were afraid of, they shall not be bound to repeat their rites, though it would be more cautious. As far as the last category of people is concerned, if the basis for their belief were ailment, old age or indisposition, performance of the above rites shall suffice; otherwise, it shall not suffice, as is the case when a person believes that flood shall not let him perform Hajj or that he would be imprisoned (and so he shall be unable to perform Hajj), but subsequently it transpires to be otherwise.
Problem # 5 There are the following three places of lawfulness (i.e., places where what had been prohibited due to Ihram becomes lawful). Firstly, after shaving the head or Taqsir,, when everything becomes lawful except use of perfumes, enjoyment of women and, apparently, hunting, though the latter is forbidden as a token of respect for Haram, Secondly, after the circumambulation of Ziyarat (or pilgrimage) and its prayer of two Rak'ats and Sa'y, so that use of perfumes becomes lawful for him. Thirdly, after Tawaf al- Nisa' and its prayer of two Rak'ats, when sexual enjoyment of women also becomes lawful.
Problem # 6 If a person performs circumambulation for Ziyarat or Tawar al-Nisa' due to some excuse as the above categories of people, for him use of perfumes and enjoyment of women shall become lawful, though all other forbidden things would become lawful for him after the performance of Taqsir and shaving the head.
Problem # 7 Tawaf a/-Nisa' is not obligatory exclusively on men. Rather, it is equally obligatory on women, a hermaphrodite, a eunuch and a discreet boy. If any of them fails to perform it, his wives shall no more be lawful to him, or a husband if it were a woman, (who has failed to perform it). Rather, if a discreet boy has been tied Ihram by his guardian, it shall be rendered obligatory on him to perform Tawaf al-Nisa' so that women (or wives) may be rendered lawful to him.
Problem # 8 Tawaf al-Nisa' and its prayer of two Rak'ats are both obligatory, but they are not pillars (of Hajj), so that if a person has abandoned them deliberately, his Hajj shall not thereby be rendered invalid, though his wives shall not become lawful to him. Rather, it shall be forbidden for him to conclude a marriage, ask the hand of a woman in marriage or be a witness to a marriage.
Problem # 9 It is neither allowed to perform Sa'y before the circumambulation for Ziyarat, nor before its prayer in case of having free will; nor to offer Tawaf al-Nisa’ before them, nor before Sa'y In case of having free will. If a person violates the sequence, he shall be required to repeat it in the way it is obligatory, according to the more cautious opinion.
Problem 10 It is allowed to perform Tawaf al-Nisa before Sa'y in case of necessity as fear of getting courses and inability to stay until purification, but it is more cautious to assign to someone else to perform it on her/his behalf. If a person performs it earlier inadvertently or out of ignorance of the rule, his/her Sa'y and circumambulation shall be valid, though it is more cautious to repeat circumambulation.
Problem # 11 If a person fails to perform Tawaf al-Nisa’ inadvertently, and returns to his hometown, then if he is able to return without any distress, he shall be bound to do so. Otherwise, he shall assign it to someone else to perform it on his behalf, so that his wives may be rendered lawful to him after its performance.
Problem # 12 If a person forgets and fails to perform the obligatory circumambulation of Hajj or 'Umrah or Tawaf al-Nisa’ , and returns (to his hometown) and has sexual intercourse with his wives, he shall be bound to sacrifice an animal by slaughtering or piercing a spear into the neck (of a camel) in Mecca, though it is more cautious to sacrifice a camel by piercing a spear into its neck. He may return and perform circumambulation if he is capable to do so without any distress. It is more cautious to repeat Sa'y in case he has not forgotten Tawaf al-Nisa. In case of his incapability, he shall assign it to someone else to do it on his behalf.
Problem # 13 If a person has failed to perform the circumambulation of 'Umrah or Ziyarat out of ignorance of the rule and has returned (to his hometown), he shall be bound to sacrifice a camel and repeat the Hajj.
Chapter Twenty Two -Passing the Night at Mina
Problem # 1 After the performance of the rites at Mecca, it is obligatory on a person to return to Mina and pass the nights on 11th and 12th (of Dhu'l Hijjah) there, and for this purpose he is bound to stay there from sunset to midnight.
Problem # 2 On some persons it is obligatory to pass the night of 13th (Dhu'l Hijjah) until the midnight at Mina. They include the following persons
1. Any person who has not avoided hunting after tying Ihram for Hajj or 'Umrah. It is more cautious for a person who has caught a prey but has not killed it to pass the night at Mina If, however, a person has done something other than either of the acts (namely, hunting and catching the prey), like eating the meat of the prey, guiding a hunter or pointing out the prey, etc, he shall not be bound (to pass the night at Mina).
2 Any person who has not avoided having intercourse with women after tying Ihram for Hajj or 'Umrah, regardless whether it is done in the natural or unnatural way (i.e. from front or backside), and whether the woman is his wife or a stranger. But it is not obligatory in case of an act other than sexual intercourse, such as kissing, touching or the like
3. Any person who does not leave Mina on the day of 12th (Dhu'l Hijjah) until the sunset of 13th.
Problem # 3 The following persons are not bound to pass the above-mentioned nights at Mina.
1 Any ailing person or his attendant, rather any person for whom passing the night at Mina is troublesome
2. Any person who is afraid that a considerable amount of his property shall be wasted or stolen at Mecca
3. Any herdsman who is bound to graze his herd at night.
4. Those who supply water to the Hajj pilgrims in Mecca.
5 Any person who has been engaged in worship in Mecca until morning and has not been engaged in any pursuits except the necessary ones like eating or drinking according to his need, performing ablution anew, etc. According to the more cautious opinion, it is, however, not permissible to give up passing night at Mina for a person who has been engaged in worship at any place other than Mecca including even a place on the way between Mecca and Mina.
Problem # 4 According to the more cautious opinion, a person who has not been in Mina early at night without any excuse is bound to return before midnight and pass the night until the morning
Problem # 5 Passing the night at Mina is an obligatory worship with all its conditions.
Problem # 6 A person who fails to pass the obligatory nights at Mina is bound to sacrifice a sheep for each night, regardless whether it has been done deliberately, ignorantly or forgetfully. Rather, persons mentioned under Problem # 3 except the Fifth Category are bound to expiate, while the application of this rule to Third and Fourth Categories has been by way of caution.
Problem # 7 It is neither a condition for the sheep to fu1fil the conditions required in a sacrificial animal nor is a particular plate required for its slaughter. So it is permissible to slaughter it even after returning to one's hometown.
Problem # 8 A person who has not passed all the night outside Mina shall not be bound to expiate if he has been Mina from the early part of night to midnight. If, however, he leaves Mina before midnight or had been outside Mina in a part of the early night, to be more cautious, he shall be bound to expiate.
Problem # 9 A person who is allowed to leave Mina on the day of 12th (Dhu'l Hijjah) is bound to leave it after noon and not earlier, while a person who leaves on 13th is allowed to leave at any time he likes.
Chapter Twenty Three -Throwing Pebbles on Three Satans
Problem # 1 It is obligatory to throw pebbles at the three Satans, namely, the First, the Middle and the Rear ones during the days of the nights that are obligatory to pass at Mina, even on the 13th for one who is bound to pass its night at Mine. If a person fails to do it, his Hajj shall be valid, even if it is done deliberately, though he shall be considered to have sinned.
Problem # 2 It is, obligatory to throw seven pebbles on each Satan every day. It is a condition to observe all the conditions here as required in throwing pebbles on the 'Aqabah mentioned before without any difference.
Problem # 3 The time for throwing the pebbles is from sunrise to sunset. So it is not permissible to do it at night for one who has free time. If a person has some excuse like fear, ailment, and weakness or were a herdsman, he may perform it at night of its day or on the following night.
Problem # 4 It is obligatory to observe the sequence; so that one must begin with the First, then take up the Middle and lastly the Rear one. In case of violation of the sequence even if inadvertently; it is obligatory to repeat it in the required sequence.
Problem # 5 If a person throws four pebbles on the First Satan, then four on the Middle one and then takes up the Rear one, it shall be valid. He is bound to complete it in any way he likes, though if a person does it deliberately, he shall be required to repeat it.
Likewise, it is permissible to throw four pebbles on the First one, and then on the Second (and so on), and it is not obligatory to throw all the pebbles on the First one before taking up the Second one.
Problem # 6 If a person forgets to throw pebbles one day, he must compensate it the next day. If he forgets to do two days, he must compensate them on the third day. The same rule applies in case he fails to do it deliberately. It is obligatory first to perform what is compensatory, and then take up the one being performed at its proper time, and to give priority to the preceding one. If a person fails to perform the Ram'y of the Eid (al-Adha) and the day after, on the 12th (Dhu'l Hijjah), he must first perform the obligatory Ram'y of the Eid (al-Adha), then obligatory one for the 12th and then for the 13th. It is a condition to observe sequence in all or some of the compensatory Ram'y like the one performed at its proper time. If a person forgets to perform any of the Ram'y, such as the First one, and recalls it the next day, he must perform the previous one according to the required sequence and then take up the one required to be performed that day. Rather, to be more cautious, in case a person throws four pebbles on the Satans or any of them, and recalls it the next day, he must give priority to the compensatory one over the one being performed on its proper time, preferring the more precedent to the subsequent one.
Problem # 7 If a person performs Ram'y against the required sequence and recalls it some other day, he must repeat it in the required sequence, and then perform the one he is bound to perform that day.
Problem # 8 If a person forgets all the three acts of Ram'y and enters Mecca, if he recalls it on the Tashriq days (i.e.11th, 12th and 13th Dhu'l Hijjah), he must return if he is capable to do it, and in case otherwise, he must assign it to someone else to do it on his behalf. In case he recalls it later, or delays it deliberately, then it is more cautious for him to combine what has been mentioned here with compensating it next year during the days corresponding to the days forfeited personally or through an agent. If he forgets all the three acts of Ram'y till he leaves Mecca, then it is more cautious to compensate them next year even if through an agent. The rule for forgetting some of the acts of Ram'y is similar to that applicable to forgetting all of the acts. According to the more cautious opinion, the rule for one who forgets to throw less than seven pebbles on the three Satans or some of them is the same as for getting to throw all the pebbles.
Problem # 9 A disabled person like a patient, weak person or one unable to throw pebbles is treated at par with a child who acts through an agent. If he is not able to do so as an unconscious person, his rites shall be performed by his Wali or someone else, It is more cautious to delay the performance by an agent until there is despair on the part of the principal. If possible, it is better to carry the disabled person and throw the pebbles in his presence, and, if possible, to put the pebbles in his hands and let him throw them with his own hands. If the agent has performed the obligatory rites and then the excuse is removed, it shall not be obligatory to repeat the performance of the rites if the agent has been appointed after despair on the part of the principal; otherwise, it shall be obligatory to repeat them,
Problem # 10 If a person other than the disabled person ,such as his Wali, loses hope of removal of the excuse of the disabled person, it shall not be obligatory for him to obtain the latter's permission for the appointment of an agent, though it is more cautious to do so. If the disabled person is not even able to give permission, there shall be no condition for obtaining his permission at all.
Problem # 11 If a person doubts about the performance of an obligatory rite after the lapse of the day, he shall not pay any heed to it. So also, after starting to throw pebbles on a subsequent Satan, if he doubts whether he had thrown pebbles on the previous one or not, or doubts about its validity, he shall not pay heed to it, in the same way as when he doubts about the validity of an act after having performed it or having passed its stage, in which case he shall consider it valid. If, however, before starting to throw pebbles on the subsequent Satan, he doubts about the number (of the pebbles thrown) on the previous one while there is likelihood of its deficiency, it shall be obligatory to throw the pebbles until their number reaches seven. According to the more cautious opinion, even if he has already finished it and has started another rite. If the doubt about the number (of pebbles} thrown in the previous act occurs after he has started the subsequent act (of throwing pebbles), if he is sure of having already thrown four pebbles and has doubt about the rest of them, according to the more cautious opinion, he shall complete their number. Rather, the same rule shall apply even if the doubt occurs after having completed the subsequent obligatory act (of throwing pebbles), If he doubts whether he has thrown four pebbles or less than four, he shall consider the number to be four and throw the rest.
Problem # 12 If, after the day has passed, he becomes sure of non-performance of throwing pebbles on one of the three Satans, it shall suffice to compensate it by throwing pebbles on the last Satan, though it is more cautious to throw pebbles on all the three. If, after having thrown the pebbles on all the three Satans, the person is sure of having thrown three pebbles and not less than that on each of them, it shall be obligatory to complete the number on each of the three Satans. If, however, he is sure of having thrown less than four pebbles on one of the three Satans, it shall not be far from being sufficient to throw pebbles on the last one and complete the deficiency, It is more cautious to throw the complete obligatory number of (seven) pebbles on the last one, though it is more cautious to throw the pebbles on all of them anew.
Problem # 13 If, after passage of the three days, a person is sure of not having thrown pebbles on one of the days without knowing which one, he shall be bound to compensate Ram'y of all the three days with due observation of the sequence, though it is likely to consider sufficient to compensate the obligation of the last day alone.
Chapter Twenty Four -Rules Concerning a Masdud and Mahsur Person
Problem # 1 A Masdud person is one who is prevented by an enemy or the like from performing Hajj or 'Umrah, while a Mahsur is one who is prevented by ailment from performing Hajj or 'Umrah.
Problem # 2 A person who has tied Ihram for Hajj or 'Umrah is bound to complete it. If he has not completed it, he shall continue to be in a state of tying Ihram. So if he ties Ihram for 'Umrah, and then he is prevented by an enemy or the. like such as the government officials etc. from proceeding to Mecca, while he has no route other than the one obstructed, or there is one but he has no pecuniary capability of adopting that route, it shall be permissible to legalise whatever had been rendered forbidden to him (due to tying Ihram) by slaughtering by slitting the throat of a cow or a sheep (Dhabh) or by slaughtering a camel by piercing a spear into its neck (Nahr) at his own place. It is more cautious to have an intention (Niyyat) while doing so. Likewise, it is also more cautious to perform Taqsir (i.e. shaving or trimming the hair of one's head), as a result of which everything (forbidden due to tying of Ihram) shall be rendered lawful for him including even having sexual intercourse with women.
Problem # 3 If a person enters the Holy city of Mecca after having tied Ihram for 'Umrah, and then he is prevented by an enemy etc. from performing 'Umrah, he shall be governed by the rules mentioned before. So he shall untie the Ihram in the way already mentioned. Rather it is also not far from being likely even if he is prevented from performing the circumambulation or Sa'y. If a person is imprisoned by an oppressor, or due to non-repayment of a loan that he cannot repay, he shall also be governed by the afore-mentioned rules.
Problem # 4 If a person ties Ihram for entering Mecca, or the performance of a rite, and an oppressor demands the payment of money he is unable to pay, he shall be bound to pay the money if it does not entail distress for him. If it is not possible for him to pay it or it may be distressful for him, then apparently his case shall be similar to a Masdud person.
Problem # 5 If a person has a route to Mecca other than the one obstructed and he has the pecuniary capability to go by that route, he shall be considered to be continuing in a state of tying Ihram, and shall be bound to proceed for Hajj. If the time for Hajj elapses, he shall perform 'Umrat al-Mufradah, and untie Ihram. In case he is afraid of not reaching on time to perform Hajj, he shall not untie Ihram by adopting the course of a Masdud, but shall have to continue in the state of tying Ihram and untie Ihram after the lapse of the time of Hajj by performing 'Umrat al-Mufradah..
Problem # 6 Prevention from Hajj is considered to take place when as a result of it he is not able to reach the two places of staying (at 'Arafat and Mash'ar al-Haram) either on free or emergency time. Rather it takes place even by not performing an act that if not performed entails the non-performance of Hajj, regardless whether it takes place ignorantly or inadvertently. Rather it shall be deemed prevention from Hajj even if it takes place after staying in the two places (namely, 'Arafat and Mash'ar al-Haram), if a person is prevented from performing the rites at Mina and Mecca or either of them, and he is not able to appoint an agent. Of course, if he has performed all the rites, and is prevented from returning to Mina for passing the night there and performing the rites of the Tashriq days (i.e, 11th, 12th and 13th Dhu'l Hijjah), prevention shall not be considered to have taken place thereby, his Hajj shall be deemed valid, and he shall be bound to appoint an agent to perform the (remaining) rites the same year, and if it is not possible for him, then next year.
Problem # 7 If a person is prevented from performing Hajj or 'Umrah, then if he is one on whom Hajj has become obligatory or one who shall attain capability next year, he shall be bound to perform Hajj, and the untying of Ihram as mentioned above is not sufficient for him for Hijjat al-Islam.
Problem # 8 A person who has been prevented (as above) shall be allowed to untie Ihram in the above-mentioned way even if he expects removal of the excuse.
Problem # 9 If a person who has tied Ihram for 'Umrah, but has not been able to reach Mecca due to ailment, intends to untie Ihram, it shall be indispensable for him to sacrifice an animal. It is more cautious for him to send the sacrificial animal or its price to Mecca through a reliable person, and let him promise to slaughter it or perform its Nahr, (if it were a camel), at a prescribed day and hour. On the appointed time he shall cut or trim the hair of his head, after which everything shall be rendered lawful to him except enjoying women sexually. While slaughtering the animal, it is more cautious for the agent to have intention of the principal's untying of Ihram.
Problem # 10 If a person who has tied Ihram for Hajj, but has not been able to arrive at 'Arafat or Mash'ar (al-Haram) due to ailment, intends to untie Ihram, he shall be bound to sacrifice an animal. It is more cautious for him to send the sacrificial animal or its price to Mina for slaughtering it, and let (his agent) promise to slaughter it, or perform its Nahr (if it were a camel), on the Eid (al-Adha) day at Mina. After slaughtering the animal, everything shall be rendered lawful to him except enjoying women sexually.
Problem # 11 If a person owing an obligatory Hajj is prevented due to ailment, he shall be allowed to enjoy women sexually only after performing Hajj rites and Tawaf al-Nisa' next year, In case of inability, it shall not be far from being permissible to appoint an agent, after whose performance the said act shall be lawful. In case of an approved Hajj it is hot far from being sufficient to perform Tawaf al-Nisa' through an agent for legalizing the said act, though it is more cautious to perform it personally.
Problem # 12 If a person who has been prevented unties lhram during 'Umrah and enjoys women sexually, and then it transpires that the animal has not been slaughtered at the appointed time, he shall have no liability for a sin or expiation But he shall be bound to send a sacrificial animal or its price and let the agent promise for a second time. He shall also be bound to abstain from enjoying women sexually, to be more cautious necessarily as soon as he comes to know of the factual position and if possible from the time of sending (the animal or its price).
Problem # 13 The matters in which Hasr takes place are similar to those of a Sadd.
Problem # 14 If a patient recovers and becomes able to reach Mecca after having sent the sacrificial animal or its price, he shall be bound to perform Hajj. If he has tied the Ihram for Hajj at- Tammatu' and has sufficient time for performing its rites, well and good. If, however, the time for staying in 'Arafat after the 'Umrah is short, he shall perform Hajj at-Mufradah. It is more cautious to have the intention of shifting to Hajj at-Mufradah. Then after the Hajj he shall perform the 'Umrat al-Mufradah, and it shall be sufficient for him for Hijjat al-Islam, If he reaches Mecca at a time not sufficient for free time for staying at Mash'ar (al-Haram), he shall change his 'Umrah to Mufradah, It is more cautious to have the intention to shift (to 'Umrat at-Mufradah) and untie Ihram, and after accomplishment of the conditions, perform obligatory Hajj next year. In this case, a Masdud is considered similar to a Mahsur.
Problem # 15 It is not far from affiliating an unable person like a weak or old person with an ailing person in application of rules, but it is a difficult matter. To be more cautious the person must continue tying Ihram until his recovery. If the time for Hajj has elapsed, he shall perform 'Umrat at-Mufradah and untie Ihram, and if conditions are accomplished, he shall offer Hajj next year.
Problem # 16 It is more cautious to prescribe a date (with the agent) for Ihram for 'Umrat at- Tumattu' to be before the departure of the Hajj pilgrims to 'Arafat and for Ihram for Hajj to be the Eid (al - Adha) day.
Enjoining the Right and forbidding the Wrong are among the obligatory duties and the most preferred ones. It is they that sustain all the other obligatory duties and considering them among the obligatory duties is among the essentials of (Islamic) faith. A person denying them as obligatory and essential duties with full realization of its consequences is deemed a disbeliever (Kafir). There are exhortations in their favour in the Holy Book (i.e., the Holy Qur'an) and the Traditions (of the Holy Prophet) in different ways. So Allah, the Exalted says (in the Qur'an):
“And let there arise from among you a community inviting to what is good, enjoining the right and forbidding the wrong. They are the ones who shall be successful”. (111: 104)
Likewise, Allah, the Exalted says (in the Qur'an)
“You are the best Community raised up for (the benefit) of the Mankind, enjoining the right and forbidding the wrong, and believing in Allah”. (111: 110)
Similarly, there are other (verses in the Qur'an on the same subject).
So also, it has been reported from (Imam 'Ali) Rida, Peace be upon him:
“The Messenger of Allah, Allah's Blessings be on him and his Progeny, has said: “When my Community (of followers) abandons enjoining the right and forbidding the wrong, then let them declare war against Allah”.
It has also been reported from the Prophet, Allah's Blessings be on him and his Progeny, (that he has said.} “Verily Allah loathes a weak believer who has no belief. He was asked: Who is a weak believer who has no be1ief? He said. One who does not forbid the wrong”.
So also, it has been reported from the Prophet, Allah's Blessings be on him and his Progeny that he has said: “My Community (of followers) shall continue to be on the right path as long as they enjoin the right and forbid the wrong, and cooperate with one another in righteousness (Birr). Whenever they cease to do so, (Allah's) Benedictions (Barakat) shall be cut off from them, and some of them shall overpower others, and they shall have no supporter on the Earth or the heaven”.
It has been reported from Amir al-Mu'minin ('Ali), Peace be upon him, that he delivered a public address, and praised Allah and eulogised Him, and then said: “Verily those (people) who were before you have been wiped out because they perpetrated sinful acts, and their rabbis and priests did not forbid them from such acts. When they reached the last limits of the sinful acts, even then the rabbis and the priests did not forbid them. (Consequently) severe punishment came down on them. So you should enjoin the right and forbid the wrong. You should know that enjoining the right and forbidding the wrong neither brings death of any person closer nor does it cut off the sustenance of any person” (till the end of the Tradition).
Similarly, it has been reported from (Imam) Abu Ja'far (al-Baqir), Peace be upon him, that he has said: “In the last of the days (of the world) there shall arise a people who shall follow those who practice hypocrisy. They shall pretend to be reciting the Qur'an and performing other religious rites. They shall be parvenu and idiots, neither considering enjoining the right nor forbidding the wrong to be obligatory, except that when they are safe from any harm, they invent permissibility and find excuses for themselves”. Then he said. “If prayer is damaging for the deeds performed by them with (the help of) their property and body, they discard it in the same way as they discard the most superior and most preferable obligatory duty. Verily enjoining the right and forbidding the wrong is a supreme obligatory duty that sustains all other obligatory duties. Then the Wrath of Allah, the Glorified and Exalted is afflicted on them in its complete form and all of them share His severe punishment. So the pious shall be destroyed in .the houses of the evil-doers and the smaller ones in the houses of the bigger ones”.
It has been reported by Muhammad b. Muslim, saying: (Imam) Abu 'Abdillah (Ja'far al-Sadiq), Peace be upon him, has written to the Shi'ahs, let the grown up and wise among you be sympathetic towards the foolish and leadership seekers, otherwise all of you shall be afflicted by my curse”.
There are also other similar Traditions on the subject.
Problem # 1 Each of the two duties of enjoining and forbidding are divided into obligatory and approved, so that it is obligatory to enjoin whatever is obligatory according to reason and Shari'ah, and it is obligatory to forbid whatever is bad according to reason and prohibited by Shari'ah. Similarly, whatever is approved and recommended must be enjoined accordingly, and whatever is disapproved must be forbidden accordingly.
Problem # 2 According to the stronger opinion, action of these duties is Kifa’i so that if it is exercised by one having the capability, it shall exonerate others from the liability; otherwise, all those having the conditions of capability shall be considered to have failed to exercise what was obligatory.