being mustaṭī‘

Q1. A person uses religious tithe, like khums and zakat to pay one's expenses. Does he become mustaṭī‘ if he obtains an amount of khums and zakat enough to pay expenditure of hajj?

Answer: If he had the right of receiving religious tithe and the remaining amount is sufficient for the expenditure of hajj while enjoying other requirements, he is mustaṭī‘.

Q2. Taking into consideration the fact that before sending the pilgrims to hajj, they have to go through the medical checkup and some people are unable to pass the medical test due to physical weakness, are these people considered mustaṭī‘ to perform hajj, while they had no access to go to hajj before?

Answer: Under such a condition, they are not mustaṭī‘.

Q3. What is the rule of undue marriage portion that is obligatory for husband to pay but her wife has not demanded yet and she is not in need of it. Does paying it take precedence over obligatory hajj? Please describe your view!

Answer: Paying marriage portion is not obligatory without wife’s demand. In the given case, performing hajj takes precedence over paying marriage portion.

Q4. Can a person become mustaṭī‘ for hajj by saving money during a period of a few months? Particularly, when he knows that he will not become mustaṭī‘ except through this way.

Answer: It is not obligatory to make oneself mustaṭī‘ for hajj by this way. However, if his saving is equal to expenditures of ḥajjat ul-Islam and he becomes mustaṭī‘, performing hajj is obligatory for him. The person who wants to perform ḥajjat ul-Islam, he may earn money through any legitimate way.

Q5. Is visiting parents considered among social, religious or personal necessities? If yes, can a mustaṭī‘ postpone his hajj and spend his money for this purpose? (Supposing that they are far away and he should travel to visit them).

Answer: It is obligatory for a mustaṭī‘ to perform hajj and he is not allowed to root out his state of being mustaṭī‘. Good relations with blood relatives does not depend only on visiting them; rather, one may keep contact via letters/telephone. However, he is not mustaṭī‘ for hajj if parents are living in another city and it is necessary to visit them (due to his/their conditions and state) and he does not have sufficient money for both visiting his parents and performing hajj.

Q6. If a nursing mother becomes mustaṭī‘ for hajj and her performing hajj would be dangerous for the infant, can she perform hajj?

Answer: If harm is of such a kind that it is necessary for the mother or caretaker to remain with infant or travelling for hajj brings about unbearable difficulty, hajj is not obligatory for her.

Q7. If a woman has gold jewelry for beautification, and by selling it she becomes mustaṭī‘ for hajj while she has no other wealth, should she sell the jewelry to become mustaṭī‘ for hajj?

Answer: If she is in need of them and it is not more than her financial status, she is not mustaṭī‘ for hajj, and it is not obligatory for her to sell them to perform hajj.

Q8. If a woman is mustaṭī‘ for performing hajj but her husband does not allow her to perform hajj, what is her duty?

Answer: Permission of husband is not a condition for obligatory hajj. However if performing hajj (without seeking permission) results in unbearable difficulty for her, she is not mustaṭī‘ for hajj and hajj is not obligatory for her.

Q9. At the time of wedlock, my husband promised me for hajj, is hajj obligatory for me?

Answer: With such a promise, hajj does not become obligatory for you.

Q10. Is a man allowed to live hand to mouth so that he may save enough money to become mustaṭī‘?

Answer: Yes, it is allowed but not obligatory (from shar‘ī point of view). Although this deed is allowed as far as one's own affairs is concerned, it is not permitted to avoid supporting the family expenditures which is obligatory more than usual.

Q11. In the past, I was not abiding by the religious duties and issues though I had ample wealth to perform hajj. I was mustaṭī‘ for hajj previously. However, I did not perform hajj due to certain conditions. At present, what is my duty? I would like to mention that I do not have sufficient amount for performing hajj. As there are two methods for this: first, getting registration through Hajj Organization and second, by spending more money. Is getting registration in Hajj Organization for hajj sufficient?

Answer: If you had enjoyed all requirements for being mustaṭī‘, hajj is obligatory for you, and you have to perform hajj by any possible and legitimate way unless it causes unbearable hardship and difficulty. On the other hand, if you did not enjoy all requirements to be mustaṭī‘ in the past, in such a case hajj is not obligatory for you.

Q12. Earlier, a contract has been signed between Hajj Organization and Bank Melli of Iran that those who want to perform hajj tamattu‘ should deposit one million tomans in their muḍāribah account in the bank, in form of contract of muḍāribah for which they would receive a receipt. This amount will remain in the account of the person who deposits this amount until performing hajj. According to the written contract the profit will be transferred to the account holder at the end of every year.
Hajj Organization gives priority to those who get registration first. After the passage of three years, the turn of person is announced and in case of inclination, they are sent for hajj. When the time of arrival approaches, account holder withdraws his amount, deposits it into the account of Hajj Organization and goes for hajj. Now, I would like to ask as the mentioned contract is written and there is no spoken contract between the banker and account holder, what is the rule on what the account holder receives as profit for muḍāribah contract?

Answer: Banking transactions as mentioned above in written form is no problem and the profit received through muḍāribah transaction is ḥalāl for the investor. If the capital is a part of one's income and is invested without paying its khums, it should be paid. If the profit is not receivable before the year of performing hajj, it is considered as the income of the receipt year and is not liable to khums if it is spent on journey of hajj.

Q13. A person may go to hajj using the turn/coupon of a dead if gets permission from all the heirs. Is it obligatory for him to do so? If he does not get the permission and use the coupon to go to hajj while enjoying all other requirements, is his hajj valid and considered as ḥajjat ul-Islam or not?

Answer: While utilizing the coupon that belongs to the dead, it is obligatory to seek permission from the heirs. Otherwise, his hajj is not considered ḥajjat ul-Islam if his being mustaṭī‘ even after reaching mīqāt is dependent upon this coupon. However, if he has expenditures of hajj after reaching the place of mīqāt and all the required conditions are fulfilled, his hajj will be sufficient and will be considered ḥajjat ul-Islam.

Q14. If a person gets registered, receives the coupon and makes his will that his son should go to the holy city of Mecca to perform hajj on his behalf. After the death of the father, the son himself becomes financially mustaṭī‘ and at the same time gets the opportunity for performing hajj with the coupon/turn of his father. What would be his intention at mīqāt: should he perform hajj on behalf of his father or he should perform hajj on his own behalf?

Answer: In the given case that the son gets the opportunity to go to hajj using the coupon of his father and the difference between the price of hajj from one's city and that of hajj from mīqāt does not exceed the one third of estate or the heirs consented to it, the son should perform hajj on the behalf of his father.

Q15. In the previous issue, if there is not any will but the heirs give this coupon to one of the sons who is financialy able to go to hajj and they appoint him to perform hajj on the behalf of their father, after using this coupon and reaching mīqāt, should the son perform hajj on the behalf of his father or he becomes mustaṭī‘ and should perform hajj for himself?

Answer: In the given case, hajj on behalf of the father takes precedence.

Q16. In previous two issues, if his duty is to perform hajj on the behalf of his father and he performs hajj on his own behalf, his hajj is sufficient as ḥajjat ul-Islam or not?

Answer: His ḥajjat al-Islam is objectionable.

Q17. If a father passed away while he was mustaṭī‘ for hajj and his son leaves for hajj with the coupon of his father and upon reaching one of mīqāts becomes mustaṭī‘ at this point, what should he do? How can this situation be sorted out when there was no will of his father nor heirs asked him to perform hajj on behalf of the father? For example he is the only heir of his father and the way was not opened for him except this way.

Answer: In this case, he should perform hajj on his own behalf and he should hire a representative for his father to perform hajj.

Hajj on Behalf

Q18. A person has the responsibility as representative only to perform some rites of hajj like ṭawāf, ramy (stoning) Jamarāt or slaughtering animal, is it compulsory for him to be muḥrim? Is iḥrām a part or condition of that?

Answer: Regarding the validity of representation for these rites, iḥrām is not considered compulsory neither in form of a part nor in form of a condition.

Q19. What is the rule about a person who wears iḥrām on the behalf of others but he intends on the behalf of some others while performing the rites. What is the rule of this issue in case of ignorance or if it is done on purpose?

Answer: It is obligatory that representative should intend as he intended while wearing iḥrām and perform the rites.

Q20. A person takes the responsibility of performing rites of ‘umrah / hajj or ṭawāf on the behalf of others, can he be hired to recite the holy Quran on the behalf of another person or to do so for free?

Answer: There is no objection to it.

Q21. If a representative neglects ramy (stoning) in the day, what is ruling about this representation? If he comes to the holy city of Mecca with this idea that he can go back to Minā but on the twelfth of Dhul-Ḥijjah, he cannot return to Minā, what is his duty regarding his representation?

Answer: Ramy (stoning) at Jamarāt is amongst the rites of hajj. If he does not perform them properly, the validity of his representation is doubtful, particularly if he does not compensate for it during the days of tashrīq.

Q22. If during performing rites by a representative, the excuse of the represented person is removed, is this hajj sufficient for him or is there any difference whether or not he is capable of doing a complete hajj?

Answer: In this case, hajj of the representative is not sufficient on behalf of the hiring person.

Q23. If it is not specified in the leasing contract that fulfillment of the duty of the represented person is enough or the rites should be performed and then the hired person dies after wearing iḥrām and entering the Ḥaram, does he deserve full wages or not?

Answer: If he is hired so that the duty of the represented person is fulfilled as it is apparent in a hajj leasing contract, he deserves full wages.

Q24. What is the rule on the rites on behalf of a hired person if he is able to perform a certain rite but delays it as there is enough time while later he becomes unable to do it? For example, he is able to perform ramy (stoning) at jamarahs before the noon of the twelfth day but he delays it and in the afternoon he is unable to perform it due to immense crowd or illness or he puts off acts of the holy city of Mecca for a few days but then he becomes unable to perform it?

Answer: If it is specified that hajj should be peformed only this year, on the basis of obligatory caution, the person’s deeds are void. To observe more caution, he may hire a representative for the unperformed rite and to reach reconciliation with the hiring person regarding wages.
If the hired person was not appointed for this year, on the basis of obligatory caution, the hajj on the behalf should be performed the following year.

Q25. The hired person knows that he has been hired for hajj tamattu‘. However, he does not know whether he is hired for ḥajjat ul-Islam, nadhr hajj or recommended hajj. If he intends “I am going to perform hajj tamattu‘ on the behalf of the represented person” or “I am going to perform hajj for which I am hired” is it valid or not?

Answer: General intention for hajj will be sufficient.

Q26. Some people fail their medical test, can they hire a person — during their lifetime — as their representative for hajj or not?

Answer: This case is not considered amongst the cases of representation.

Exit and entrance in the Holy city of Mecca

Q35. What is ruling of exiting the holy city of Mecca and Minā for example, going to Jaddah, Medina or Ta’if in the following cases?

A. After the acts of the day of Eid ul-Adha and before performing the acts of the holy city of Mecca;
B. On the eleventh day, after performing ramy (stoning) at jamarāt.
C. After 'midnight' before the eleventh/twelfth day;
D. After performing the acts of the days of tashrīq and before performing the acts of the holy city of Mecca?

Answer: There is no objection in the above mentioned cases, but his exit should be planned in such way that he would be able to perform the remaining rites.

Q36. If a person performs ‘umrah mufradah in a lunar month and exits the holy city of Mecca in the next month but he does not exit the boundary of the Ḥaram (for example, he goes to Minā), can he enter into the holy city of Mecca again without iḥrām?
In previous case, if he goes up to ‘Arafāt, is performing ‘umrah mufradah obligatory for re-entering into the holy city of Mecca?

Answer: The criterion is to depart from the holy city of Mecca, though this does not include the boundary of Ḥaram. Therefore, if he exits the holy city of Mecca and has not performed ‘umrah this month, he should become muḥrim for entering in the holy city of Mecca, which includes the entire city of Mecca with its all new developments.

Q37. Some drivers use the newly built roads and tunnels constructed in order to go to Minā and Muzdalifah so as to escape from the traffic jam on internal roads of the holy city of Mecca. They use these roads that pass through Minā in order to go from one locality to the other locality in the holy city of Mecca. Is this method considered going out of Mecca or not?

Answer: Apparently, these are not examples of forbidden exit the holy city of Mecca. Anyhow, this act does not create any trouble for validity of hajj and ‘umrah.

Q38. A man works in the army and sometimes in state of emergency such as occurrence of accident, he has to enter in to the holy city of Mecca in order to obey inevitable commandments. If he has not performed ‘umrah and due to shortage of time, he cannot enter the holy city of Mecca in state of iḥrām, has he committed a sin by entering the holy city of Mecca without iḥrām and should he give kaffārah?

Answer. In above mentioned case, he may enter the holy city of Mecca without iḥrām and he is not to pay kaffārah.

Q39. If a person enters the holy city of Mecca during the month of Dhul-Qa‘dah for performing ‘umrah mufradah and he wants to enter the holy city of Mecca again in the month of Dhū al-Ḥijjah. After a gap of several days, should he wear iḥrām again or can he enter Mecca without it?

Answer: Taking into consideration that he enters the holy city of Mecca in the next month, he should become muḥrim.

Q40. If a person lives in Jeddah but works in Mecca and visits Mecca continuously except during the holidays or he goes to Mecca three days a week. If the month ends in which he performed ‘umrah, should he perform ‘umrah once again?

Answer. In the above mentioned case, repetition of ‘umrah is not obligatory.

Q41: In the previous case, if ‘umrah month ends and he is still in the holy city of Mecca, should he repeat ‘umrah? In case of obligation, where should he start, from the boundaries of the Ḥarām or from the Mosque Tan‘īm?

Answer. As long as, he is present in the holy city of Mecca, renewal of ‘umrah is not obligatory. If he wants to perform it, he should go to the nearest point outside the boundaries of the Ḥarām or to Mosque Tan’īm.

Q42: A person is a taxi driver by profession and is taking passengers to the holy city of Mecca and has not performed ‘umrah, should he enter in the holy city of Mecca with iḥrām? What is the ruling, if he enters in the holy city without iḥrām?

Answer. In above mentioned case, he should enter in the holy city of Mecca with iḥrām and perform the rites of ‘umrah mufradah. If he enters in the holy city of Mecca without iḥrām, he has commited a ḥarām act but there is no kaffārah on him.

Q43: If a person wears iḥrām for hajj ifrād, can he go — after performing ṭawāf of hajj and sa‘y — to Mecca from Jaddah and join the pilgrims at ‘Arafah?

Answer. After wearing iḥrām for hajj ifrād, there is no objection to go to Jaddah or any other place whether before performing ṭawāf of hajj and its prayer or after it. But, it is conditional that he must avail the opportunity of wuqūf in the land of ‘Arafāt and Mash‘ar.

Q44. Some people exit the holy city of Mecca after ‘umrah tamattu‘ and before wearing iḥrām of hajj tamattu‘. They should go for camping at ‘Arafāt to welcome and guide the pilgrims of the city of Ta’ef and Jaddah (like managers, workers of the caravans of hajj). Can they exit the holy city of Mecca if they are sure there is enough time to go back to Mecca to wear iḥrām from the holy city of Mecca and go to ‘Arafāt on time?

Answer: A person, who doesn’t fear that he may lose the opportunity of performing hajj during this year, may exit the holy city of Mecca after performing ‘umrah tamattu‘. If he exits the holy city of Mecca and enters in it in the same month in which he performed ‘umrah, his act is valid and there is no act due on him.

Mīqāts

Q45. If a person is in the holy city of Mecca and wants to perform ‘umrah tamattu‘ but he is unable to go to mīqāt, is wearing iḥrām from Adnal-Ḥill sufficient for him?

Answer: Yes, he may wear iḥrām from Adnal-Ḥill.

Q46. If a person crosses the boundary of mīqāt without wearing iḥrām whether for ‘umrah tamattu‘ or ‘umrah mufradah, what is his duty? What if there is another mīqāt ahead?

Answer: If the time is not short, it is obligatory that he should go back and should wear iḥrām from the very mīqāt that he has crossed previously, whether there is another mīqāt ahead or not.

Q47: If a person lives within the distance of 16 Farsakh from the holy city of Mecca, from where he should become muḥrim i.e. from his house or from any place in his city?

Answer: He may wear iḥrām from any point in the city. However, it is better and more compatible with caution to become muḥrim from his house.

Q48. A woman thinking she is in state of istiḥāḍah becomes muḥrim from mīqāt and performs the rites of ‘umrah tamattu‘ abiding by the ruling for the women in state of istiḥāḍah. After performing the rites, she becomes aware that she was in state of menstruation, what is her duty regarding the rites of ‘umrah and hajj?

Answer: If she cannot perform the rites of ‘umrah and wear iḥrām for hajj while she started menstruation before wearing iḥrām from mīqāt, her hajj is turned into hajj ifrād. And after performing the rites of hajj, she should perform deeds of ‘umrah mufradah.
But if she menstruated after wearing iḥrām from mīqāt, her ‘umrah tamattu‘ is valid; only ṭawāf and its prayer are void. She should perform them after returning from ‘Arafāt, Mash‘ar, Minā and its rites.

Q49. Can a person do nadhr for iḥrām before mīqāt and for the materialization of the nadhr wear iḥrām before mīqāt? He knows that he is compelled to move under the shadow such as upon doing nadhr to wear iḥrām from his city and then embark the airplane?

Answer: Nadhr of wearing iḥrām before mīqāt is valid. Going under the shadow is forbidden during the day and ruling of one issue cannot be applied to other issues.

Q50. A person who lives in holy city of Medina or in its surroundings wants to perform ‘umrah, can he go to Jaddah through the road to the holy city of Mecca and wear iḥrām from the nearest point out of the boundary of Ḥaram like Mosque Tan‘īm?

Answer: If he intends to perform ‘umrah at the time of leaving the holy city of Medina, he must wear iḥrām from Mosque al-Shajarah and he is not allowed to pass the mīqāt without wearing iḥrām even if he wants to go to the holy city of Mecca through Jeddah. But, if he passes mīqāt without iḥrām in order to go to Jeddah and there he intends to perform ‘umrah, he has to visit one of the mīqāts for wearing iḥrām as wearing iḥrām from Jaddah or from Andā al-Ḥill is not sufficient for him.

Q51. There are two routes to visit the holy city of Mecca from the holy city of Medina. One of them passes from Juḥfah which has been proved as a parallel place to mīqāt while the other route passes from Juḥfah but about 100km longer than the first one and it is an indirect path. By taking the latter do we reach a point parallel to mīqāt or not?

Answer. For a person who travels towards the holy city of Mecca the parallel point is the place where mīqāt is situated on his left or right side. Thus, in the above mentioned ways there is no difference between the points parallel to mīqāt.

Q52. In the previous question, suppose there is no parallel point to mīqāt, is it permissible for a person who uses this road to visit the nearest place out of Ḥaram and wear iḥrām for ‘umrah and hajj?

Answer: He is not allowed to pass mīqāt or a place parallel to mīqāt, without wearing iḥrām.

Q53: If a person fears for his safty and that of his family while wearing iḥrām at mīqāt, can he pass through mīqāt and wear iḥrām from the nearest point outside the Holy Ḥaram?

Answer. If he has a valid excuse of not wearing iḥrām from mīqāt and the excuse terminates after he has passed it, he should, if possible, return back to mīqāt for wearing iḥrām; or else he must wear iḥrām wherever he is (provided that there is no other mīqāt on the way and he cannot go to a mīqāt).

Q54. Is the courtyard of the Mosque al-Shajarah included in the places of the mosque for wearing iḥrām? Does the mosque mean the place where prayer is offered? Can a woman in state of menstruation enter the courtyard of the Mosque and can she wear iḥrām from a place in front of the mosque at right or left side? What is ruling about the place that is behind the courtyard of the Mosque al-Shajarah?

Answer: Mīqāt of Mosque al-Shajarah is only inside the mosque, even the new extensions. A woman in state of menstruation cannot wear iḥrām in the courtyard of the mosque. Rather, she should wear iḥrām while she enters from one door of the Mosque and exits the other door, or she should become muḥrim by nadhr before the Mosque, a place parallel to Juḥfah, or at Juḥfah itself.

iḥrām and its dress

Q55. If a person wears dress after saying talbiyah, is it obligatory to repeat it?

Answer: Repetition of talbiyah is not obligatory, though it is required on the basis of caution. In case, at the time of making intention and talbiyah, a person did not put off his stitched dress intentionally, on the basis of obligatory caution, he should repeat intention and talbiyah.

Q56. A person who wants to perform rites of ‘umrah performs recommended ghusl for entering into the Masjid ul-ḥarām for the first time, is it recommended also to take a ghusl for the next time/s?

Answer: It is not specific to the first time.

Q57. If a person comes to know after reaching his country that his dress of iḥrām was impure while he was performing rites, is he considered non-muḥrim?

Answer: If he was ignorant of this impurity while performing the rites and he came out of iḥrām, his ṭawāf and hajj is valid.

Q58. Is it obligatory for a person to make intention for all rites of hajj while wearing iḥrām? What is the rule for a person who does not know that hajj tamattu‘ consists of ṭawāf and sa‘y other than ṭawāf and sa‘y of ‘umrah tamattu‘ and consequently does not intend for ṭawāf and sa‘y of hajj tamattu‘ while wearing iḥrām? He just intended general intention for hajj.

Answer: It is not obligatory to make intention with all details while wearing iḥrām. A general intention is sufficient for Hajj and ‘umrah as long as he performs all the rites in accurate form at their exact places.

Prohibitions of iḥrām

Q59. Can a man and a woman dry their faces with a towel in state of iḥrām?

Answer: For men, it is no problem. For women, it is no problem either provided that it is not considered as covering their face; otherwise it is not allowed. Anyhow, covering the face has no kaffārah.

Q60. What is ruling about drying face with towel for the women?

Answer: If she covers all her face with towel then it is problematic; otherwise, there is no problem.

Q61. What is the rule about drying the head with towel for men?

Answer: There is no objection unless he covers all his head with towel to make it dry.

Q62. Can a person in state of iḥrām take all his head under the water?

Answer: One is not allowed to immerse all their head under the water but its prohibition about some part of head is not known.

Q63. What is kaffārah of covering one’s head (for men)? Is the ruling for a part of a head the same as ruling for entire head?

Answer: On the basis of caution, one should slaughter a sheep for covering entire head. This rule is not applied to covering a part of head unless people say he has covered his head; for example, wearing a small hat that covers only the central part of head.

Q64. A person is deprived of sense of smell or does not feel the sense of smell due to cold and the flu, can such a person wear perfume on his body/dress? Can he hold his nose due to foul odor?

Answer: Wearing perfume is not allowed in any condition even though its smell is not identified by the person. He is the same as others as far as holding one’s nose against bad smell is concerned.

Q65. What is ruling of using perfume frequently at one time or at different times without intervening kaffārah?

Answer: Repeated usage of perfume if the public considers it once does not lead to multiple kaffārah. Otherwise, one should pay kaffārah as many as they use it irrespective of whether or not there is an intervening kaffārah.

Q66. Is boasting absolutely forbidden or it is forbidden in case of humiliating others?

Answer: Boasting is forbidden in state of iḥrām though it does not include humiliation of other people.

Q67. What is ruling of fastening handkerchief on the head due to headache?

Answer: There is no objection.

Q68. Is it allowed for a person who is not muḥrim to throw something on the head of a muḥrim person, i.e. a muḥrim person is sleeping and he throws blanket on his head? What is the ruling if he is muḥrim too?

Answer: It is ḥarām for a muḥrim to cover his head, whether he covers his head himself or orders somebody else to do so. But covering the head of another person is not a forbidden act of iḥrām even though he is muḥrim.

Q69. If a muḥrim asks a non- muḥrim to cover his head with blanket when he is asleep, what is ruling about it? Suppose, he acts upon his request, is kaffārah obligatory or not, and in case of obligation of kaffārah who is to pay it?

Answer: A muḥrim person is not allowed to ask it from another person. If the latter acts upon his request, proof of kaffārah is not known. Anyhow, the person who asks such a request is not obligated to pay kaffārah.

Q70. Is it allowed for a muḥrim person to seek protection against rain while travelling in the night (for example, by an umbrella, or under roof of a bus or car)?

Answer: On the basis of obligatory caution, one should avoid it unless it leads to unbearable difficulty. But he should by obligatory caution pay kaffārah for going under the shadow.

Q71. Can a person seek shadow due to light rain (drizzle)?

Answer: In case, it does not flow on the solid ground, it has no ruling. Though on the basis of caution, one should not go under the shadow against what is called rain — even in case it does not flow on the solid ground — in the common view.

Q72. Is covering head more than once requires multiple kaffārah?

Answer: In case, a person covers his head many times, on the basis of caution, he should pay multiple kaffārah.

Q73. If a man makes foreplay with one's spouse and gets discharged, what is kaffārah?

Answer: Kaffārah for foreplay that leads to discharge is slaughtering a camel.

Q74. Is there any difference for obligation of kaffārah for kissing whether or not it is with lust/accompanied by discharge of semen?

Answer: If a person kisses his wife with lust, kaffārah is slaughtering a camel and if he kisses her without lust, kaffārah is slaughtering a sheep. Apparently, kissing one’s mother, son or daughter is not prohibited nor requires kaffārah.

Q75. If a pilgrim commits intercourse with her wife after two wuqūfs and before completion of ṭawāf of nisā’, what is the ruling about this case?

Answer: If he commits intercourse with his wife between Mash‘ar and completion of ṭawāf of nisā’, his Hajj is valid and only should pay kaffārah. If it is after ṭawāf of nisā’, there is no kaffārah. There is a discussion among jurists — which is not encountered by people — that if it happens during the course of ṭawāf of nisā’, then whether after the middle of ṭawāf of nisā’ or with the passage of the fifth round, it is ruled as its completion.

Q76. In Persian Gulf area, there is a tradition that the women cover their faces, i.e. they cover their faces with a piece of cloth other than their veil which is called poshieh.

1. What is ruling of covering face with it in state of iḥrām?

2. Does it make any difference if the poshieh is stitched to the veil and is considered a part of it?

3. If it is allowed for a woman to cover her face with poshieh, is it obligatory in state of iḥrām to keep it away from her face so that it does not touch her face?

4. If the style of the veil is such that a piece of cloth is connected to it without stitching, is it allowed for her to cover her face with it?

Answer: It is not allowed for a woman to cover her face in state of iḥrām whether by using veil or poshieh. It makes no difference whether it is stiched to the veil or separate from it, whether it is of the same material as the veil, attached or separated from it. Likewise, covering face with a piece of cloth from shawl or veil is not allowed, whether it is connected to it or separate from it.
Yet, the women can hang shawl, veil, a piece of cloth or handkerchief and any dress on their head as it may cover a part of forehead and face down to the upper part of nose. But, on the basis of caution, it is better that one should not let this covering touch her face.

Q77. Is usage of Mobile phone and telephones considered as the covering of ear or covering of head, both of which are prohibited in state of iḥrām?

Answer: There is no objection to using a mobile or telephone or any other similar device in state of iḥrām.

Q78. A person covers his head and ears due to cool weather upon recommendation of a doctor or any other reason, is it forbidden, should he pay kaffārah?

Answer: States of emergency expels its being obligatory. But in cases that it requires kaffārah, state of emergency does not change the rule of kaffārah and it should be paid.

Q79. In your viewpoint, up to what time a person can spread shadow over his head at night, either from sunset to fajr or up to sunrise?

Answer: Spreading shadow on the head at night is allowed until sunrise.

Q80. In state of iḥrām, if a person drives an automobile with roof in the left lane of the road that is for fast driving or in the middle lane and it happens to rain during the drive and due to danger of an accident he cannot stop his vehicle immediately and he needs some time to reach a lane where one can stop. Thefore, it makes him to shade against raining. Does it require paying kaffārah?

Answer: If until his automobile stops, it is called spreading shadow on his head against rain, kaffārah is obligatory for him and having no other choice does not repel the kaffārah. Yet, in such a case, it is not remote that it is not considered as shading by choice.

Q81. What is the rule on utilization of masks for the protection against polluted air which is fastened behind the head and covers a small part of head?

Answer: Using ordinary mask by the women is no problem and putting its band behind the head is allowed for men.

Ṭawāf and its Prayer

Q82. A person performs recommended ṭawāf in Masjid ul-Ḥarām when it is over-crowded and creates disturbance for the people performing their obligatory ṭawāf, is his ṭawāf objectionable, particularly when there is sufficient time for recommended ṭawāf?

Answer: There is no objection, but it is better that he does not perform recommended ṭawāf at crowded time.

Q83. Is one ṭawāf of nisā’ sufficient for one ‘umrah mufradah and Hajj tamattu‘?

Answer: Both ‘umrah mufradah and hajj tamattu‘ have separate ṭawāf of nisā’, and one ṭawāf is not sufficient.
However it is possible that one ṭawāf would be sufficient for becoming a woman ḥalāl for her husband and vice versa.

Q84. Can prayer of a mustaḥabb ṭawāf be performed in state of walking and moving?

Answer: Although it is prayer for a mustaḥabb ṭawāf, validity of prayer of ṭawāf in state of walking is problematic and it is more compatible with caution to offer it in a stable state.

Q85. What is the ruling about offering prayer during ṭawāf?

Answer: If a person is able to intend both ṭawāf and recommended prayer in state of ṭawāf, there is no objection.

Q86. If ṭawāf of Hajj and its prayer or ṭawāf of nisā’ and its prayer become void due to any reason, is its qaḍā’ to be performed in the month of Dhul-Ḥijjah or any time will be sufficient?

Answer: The time of ṭawāf of Hajj and its prayer is in the month of Dhul-Ḥijjah but ṭawāf of nisā’ and its prayer holds no specific time.

Q87. Is it obligatory that prayer of ṭawāf should be performed at the nearest point to the Maqām of Ibrahim (Peace be upon Him), though this deed would cause trouble and hardship for the people who are performing ṭawāf; or for the sake of being close to it, a person should perform the prayer in the center of the people who are performing ṭawāf?

Answer: In the given case, it is not obligatory to offer prayer near the Maqām of Ibrahim (Peace be upon Him).

Q88. Is it allowed for a Muslim woman to take a tablet to delay her menstruation so as to be able to perform ṭawāf and its prayer at their time?

Answer: Unless this deed is considerably harmful to her health, it is allowed.

Q89. What is the ruling about the person who adds one round of ṭawāf as a caution? Is there any difference if he intends it in the beginning or in the middle of ṭawāf?

Answer: If a person intends in the beginning to perform seven rounds, this addition does not cause any harm for the validity of ṭawāf.

Q90.
A) A person thinks that the intention is considered valid only in spoken form but makes ṭawāf with some people intending within heart without saying it. As a result, he maintains that this round of ṭawāf is not valid. What is the rule if he cancels this round of ṭawāf to begin a new seven-round ṭawāf after making a verbal intention? Does it suffice to neglect this round and perform another round instead or it is necessary to do a ṭawāf invalidator?

Answer: Permission of neglecting only one round is objectionable. Only it is permissible to neglect the whole performed ṭawāf and to start new rounds of ṭawāf. In order to relinquish/neglect ṭawāf, there is no need for passage of time or committing a deed but one's intention to do so results in relinquishment. Anyhow, in the given situation, ṭawāf is valid and intention of relinquishment one round and performing another round instead does not make the ṭawāf invalid.

B): A person relinquishes one round due to ignorance or mistake in religious ruling, what is commandment for it?

Answer: It does not make the ṭawāf invalid.

C): Is belief in the invalidity of only one round sufficient for its cancellation and performing another round as its replacement? Or it is obligatory for him to intend neglecting it?

Answer: As said in previous issue, intention of relinquishing is sufficient for its relinquishment, though it is due to belief in invalidity of a round.

Q91.A): If a person believes that his ṭawāf and sa‘y are invalid by doing a certain deed while in fact, this deed does not make it invalid, what is the ruling about this issue?
For example, if he believes that he committed a deed during the ṭawāf that made it invalid like congregational prayer, or short rest of one or two minutes, or that the intention should be expressed by tongue or any other deed that in fact does not make ṭawāf and sa‘y invalid.

Answer: If due to belief in invalidity of ṭawāf, he relinquishes it and starts a new ṭawāf, his new ṭawāf is valid.

B) If due to belief in invalidity of ṭawāf, he relinquishes ṭawāf and starts a new ṭawāf, what is ruling about it?

Answer: His new ṭawāf is valid. He has no duty in this regard.

C) If due to belief in invalidity of only one round of ṭawāf, he starts a new round, what is ruling about this issue?

Answer: Permission of relinquishing only one round is objectionable but his ṭawāf is valid and it would be sufficient for him.

Q92. If a person takes a few steps without his own will while performing ṭawāf, what is ruling about it?

Answer: If he is performing ṭawāf of his own free will but he may go forward, this side or that side due to crowd pressure, there is no objection. But if he is driven by another person without free will, it is problematic.

sa‘y

Q93. During the course of performing sa‘y between Safā and Marvah, some people gather beside the mountains of Safā and Marvah, which makes it very hard for the people who are performing sa‘y to move.
Is it obligatory for a person who is performing sa‘y to struggle to reach on top of the mountain exactly or is it sufficient to reach the first stone of the mountain (the place from where weak people start performing sa‘y)?

Answer: It is enough to mount towards Safā and Marvah mountains to the extent it is said one has reached the mountain and has covered the distance between the two.

Q94. With the expansion of the track of sa‘y, all the previous places of sa‘y have been put one side and for the other side one should use the extension.
If a person does not know that the newly expanded place is between the two mountains Safā and Marvah and perhaps it is located beyond the two mountains or one of the two mountains, what is his duty?

Answer: Performing sa‘y in this place is valid and sufficient.

Q95. What is the ruling about performing sa‘y on the first floor which is above the two current mountains, particularly for those people who are unable to perform sa‘y on the ground floor like handicapped people?

Answer: Performing sa‘y on the first floor which is at a place higher than Safā and Marvah is not adequate. The person who is handicapped and is unable to perform sa‘y even with a wheelchair should hire a representative for this rite.

Q96. After performing sa‘y, a person realized that he has recited the Surah in the prayer of ṭawāf wrongly while he thought it was correct. Should he perform ṭawāf, its prayer and Sa’y again or should he repeat only prayer of ṭawāf or it is not obligatory to perform anything?

Answer: It is not obligatory to perform anything as the surah was not recited intentionally wrong, and his performed rites are considered valid.

Q97. What is ruling about performing sa‘y with a wheelchair with people’s assistance, though he can drive his wheelchair himself?

Answer: If he can drive his wheelchair, seeking help from others is not allowed.

Q98. A person performs fourteen rounds of sa‘y because of ignorance or forgetfulness, what is the rule?

Answer: If he had — from the beginning — intention to perform seven rounds, his sa‘y is valid.

Mash‘ar (Muzdalifah)

Q99. Some servants of caravans move from Mash‘ar ul-Ḥarām with women and the weak at the night before Eid ul-Adha and reach Minā early in the morning, if they are able to return to Mash‘ar before fajr and can find opportunity of wuqūf in it, what should they do?

Answer: If they exit with the women and weak people, after staying there for a while enough to say they have stayed in Mash‘ar, it is not obligatory for them to return for normal wuqūf.

1. Is their performing ramy (stoning) with women and weak people at night sufficient or they should perform it in the day?

Answer: Ramy (stoning) at night is not sufficient for them. However, if they are excused from performing ramy (stoning) during the day, they can perform at night.

2. In case, a person can come back for wuqūf, can he be hired (to do hajj on behalf of another person)? Or exiting Mash‘ar at night makes it impermissible for them to be a representative as it is the case with the handicapped.

Answer: On the basis of obligatory caution, the representative should not exit Mash‘ar, though he may return to Mash‘ar ul-Ḥarām for wuqūf.
However, if he is not excused and does not exit Mash‘ar without his own free will, he is allowed to perform hajj on behalf of another person if he returns and perform normal (ikhtiyarī) wuqūf.

Q100. Taking into consideration the difficulties and traffic regulations put into effect by the police, is it obligatory for those persons who take the women and diseased people to Minā at night before Eid ul-Adha to return back to Mash‘ar before the sunrise or they may only stay there between fajr and sunrise or it is enough to stay there for a short time? Does the person who performs Hajj on the behalf of others have any different ruling from others?

Answer: Wuqūf between fajr and sunrise is not obligatory for people who have the responsibility of handicapped persons and it is enough for them to observe emergency stay at night. However, the person who is performing Hajj on behalf is not allowed to do so and such people should perform normal rites.

Q101. After wuqūf in the land of ‘Arafāt, is it allowed for a pilgrim not to go to Mash‘ar? For example, he goes to the holy city of Mecca and before the morning adhān or before the middle of night, he makes his presence in Mash‘ar or should he go directly to Mash‘ar?

Answer: It is not obligatory to go to Mash‘ar directly. He can stay in the holy city of Mecca or any other place for a few hours and return to Mash‘ar before the fajr.

Q102. If an excused person exits Mash‘ar after staying in it on the basis of emergency but before fajr his excuse is removed, is it obligatory for him to return to Mash‘ar for normal wuqūf?

Answer: If his emergency wuqūf was due to an excuse and later he finds out otherwise, he must observe normal wuqūf in Mash‘ar, in case there is enough time.

ḥalq and taqsīr

Q103. The person who intends to perform obligatory hajjat ul-Islam, can he make his hair of head and beard short in the month of Dhul-Qa`dah of the very year?

Answer: It is allowed to do so although it is desirable in the view of religious law not to do.

Q104. Is it allowed for women to perform taqsīr at the night of Eid ul-Adha after performing ramy (stoning) at Jamarah ‘Aqabah? Is there any difference whether she has appointed/hired a person to slaughter an animal on the day of Eid after the sunrise or not?

Answer: It is allowed to perform taqsīr in Minā for a woman who has no responsibility of slaughtering an animal. She may go to the holy city of Mecca for performing rites of Hajj if she wants. However, the woman who has the responsibility of slaughtering an animal, it is obligatory for her to wait until the animal is slaughtered on her behalf on the day of Eid. Hiring a representative for slaughtering an animal is not sufficient for taqsīr at night.

Q105. A person hires a representative for slaughtering an animal, can he/she perform taqsīr or ḥalq before returning of the hired person or receiving the news that the animal has been slaughtered?

Answer: He/she should wait to receive the news from the hired person. However, if he/she makes haste in performing ḥalq or taqsīr and accidently performs ḥalq and taqsīr before slaughtering of animal by the hired person, his/her deed is invalid and it is compulsory to repeat this act.

Q106. If a person performs taqsīr outside Minā due to ignorance of the ruling, what is commandment about this issue? Is it compulsory that he should enter Minā again for taqsīr?

Answer: Performing taqsīr outside Minā is not sufficient whether it is due to mistake or ignorance.

Q107. A person forgets taqsīr in ‘umrah mufradah and performs ṭawāf of nisā’, what is the ruling about this issue? Is it obligatory for him to perform taqsīr and ṭawāf of nisā’ or only performing taqsīr is obligatory and there is no need to repeat ṭawāf of nisā’?

Answer: It is obligatory for them to perform taqsīr, ṭawāf of nisā’ and its prayer once again.

Sacrifice and slaughtering the animal

Q108. A person hires a representative for slaughtering the animal, can he/she sleep before the returning of hired person?

Answer: There is no objection.

Q109. At present, it is impossible to slaughter an animal in Minā as the authorities have specified another place outside Minā.
It is said that meat of the slaughtered animal is thrown away and wasted. A lot of money is spent on animal purchase while many poor people are dying due to malnutrition.
Can a pilgrim slaughter the animal in his own country or appoint a person through a telephone call so that he may slaughter the animal and the meat of the animal would be divided amongst the poor people? Or this slaughter should be done on the very place of slaughtering gate? Can a person follow the decree of other jurists who consider it permissible as it is quoted from some learned figures?

Answer: This deed is not permissible and slaughtering should be performed in Minā. If slaughtering in Minā is not possible, it should be done at the place that has been spared for this deed, so that the Divine motto is observed.

Q110. At present, the authorities have forbidden slaughtering the animal in the land of Minā. Can the pilgrims slaughter the animal out of Ḥaram or slaughtering the animal in the holy city of Mecca would be sufficient?

Answer: Slaughtering animal is not allowed at any place except Minā. However if slaughtering is banned in Minā, it should be done at the place that is situated near Minā and specified for this deed.

Q111. There are many welfare institutions in Saudi Arabia that take the responsibility of slaughtering animals on the behalf of pilgrims and they divide the meat of these animals amongst the needy and the poor. What is view of His Highness and what conditions are compulsory for it?

Answer: It is compulsory that the conditions of slaughtering animal should be fulfilled as mentioned in the books on hajj rites.

Q112. Can a person hand over the meat of slaughtered animal to welfare institutions so that they may divide it amongst the needy?

Answer: There is no objection to it.

Q113. A few people have slaughtered the animals in the holy city of Mecca near Minā. Now, they are in state of doubt whether their slaughtering was permissible and sufficient or not and should they repeat their deed during the remaining days of Dhul-Ḥijjah? Should they repeat it in Mu‘eisam?

Answer: In case, it is impossible for a person to slaughter an animal in Minā, it is obligatory for him, if possible, to slaughter the animal at the nearest place to Minā. Therefore, if the distance of slaughtering place is equal to the distance of Mu‘eisam to Minā or nearer to it, slaughtering is sufficient and allowed.

Q114. If slaughtering is not allowed in the holy city of Mecca, what about the subsequent acts performed in the holy city of Mecca (like ṭawāf of Hajj, prayer, sa‘y, ṭawāf of nisā’ and its prayer)? Are these deeds valid or it is obligatory to repeat them?

Answer: Apparently, if a person delays the slaughtering due to ignorance, his deeds are valid, though caution is better.

Passing the night in Minā and Departing from Minā

Q115. Taking into consideration that the pilgrims are allowed to spend night worshiping in the holy city of Mecca instead of staying overnight in Minā; does eating, taking ghusl, doing wuḍū’, going to toilet or participating in funerals of a believer violate their duty of "worshiping the whole night"?

Answer: Eating and drinking as much as needed, going to toilet, renewal of wuḍū’ or performing obligatory ghusl does not damage the continuity of worship.

Q116. Regarding the previous inquiry, if performing a deed would be against the continuity of worship, will kaffārah be obligatory?

Answer: Instead of staying overnight in Minā if a person performs a deed — except for something necessary like eating and drinking and going to toilet — other than worship in the holy city of Mecca kaffārah will be obligatory.

Q117. A person stays in Minā at the night before the twelfth and after midnight he exits, is it obligatory for him to return back to Minā before the noon so that he may accomplish departure — which is obligatory for those who are in Minā — after the noon time? Is there any objection, if he goes to Minā in the morning on the twelfth day so that he may perform ramy (stoning) alone and then return to Mecca or he should stay in Minā, particularly when he can perform ramy (stoning) at Jamarāt by choice in the afternoon and depart from Minā before sunset?

Answer: A person, who is in Minā on the twelfth day, should depart from Minā after 'noon'. However, as long as the question is concerned, they may leave Mecca for Minā after 'noon' and depart Minā after ramy but before sunset.
Therefore, going to the holy city of Mecca after the middle of the night before the twelfth is permissible, however he should return back to Minā for ramy (stoning) on the twelfth day and leave Minā.
But the person who has no responsibility of ramy (stoning) at Jamarāt on twelfth day — like the person who has the duty of ramy (stoning) at night (like children, and women and old men) — if he/she spends half of the night and performs ramy (stoning) at Jamarāt, he/she may depart from Minā at night and it is not compulsory to return to Minā for departure in the afternoon.

Q118. Because there are too many pilgrims to stay in Minā, a large part of camps for stay are located outside Minā at the foothill or on the top of mountains attached to Minā, is staying overnight in these camps permissible?

Answer: If a person is unable to spend night in Minā, spending night in these camps is permissible and there is no kaffārah.

Q119. What is the start and end of the night as far as stay in Minā and the midnight as far as maghrib and ‘ishā’ prayers are concerned?

Answer: The criterion of midnight regarding stay in Minā is considered as middle of the time between sunset and fajr. It is the same for calculating midnight maghrib and ‘ishā’ prayers.

Q120. A person departs from Minā in the afternoon on the twelfth day and returns back to Minā for a reason, due to ignorance, by mistake, or knowingly and is in Minā at the sunset before the thirteenth, is staying at night before the thirteenth in Minā or ramy (stoning) of the day of thirteenth obligatory for him?

Answer: If a pilgrim is in Minā at sunset on the twelfth, he/she should spend the night before the thirteenth in Minā and on the day of thirteenth he should perform ramy (stoning) at Jamarāt.

Q121. Is the boundary of Minā, Jamarah ‘Aqabah or ‘Aqabah itself?

Answer: It should be asked from the learned and reliable person but as a whole there is no need to be exact regarding the boundary of ‘Arafāt, Muzdalfah and Minā. It suffices to consider the common viewpoint and apparently according to the correct tradition of Mu‘āwiyah Ibn ‘Ammar, Minā is situated between ‘Aqabah and the valley of Muhassar and the valley of Muhassar and ‘Aqabah are out of Minā.

Q122. A person exits the boundary of Minā during the second night of stay due to ignorance, what is the ruling about him? Does it make a difference whether or not he returns to Minā rightaway?

Answer: If he stays in Minā in the first half or the second half of the night, he/she is not responsible for anything.
Otherwise, he/she should slaughter a sheep as a kaffārah unless he/she exits the Minā for a short time like two to five minutes so that it does not harm the stay in Minā for the whole half night as judged by common view.

Q123. A person exits Minā before noon on the twelfth Dhul-ḥijjah without intention of returning to Minā and then departing Minā. Besides committing disobedience, is there any ruling about him/her?

Answer: He/she has committed a sin because of departing from Minā before the noon. However, he/she is not responsible for anything else.

Ramy (stoning) at Jamarāt

Q124. While performing ramy (stoning) or before performing ramy (stoning) if a used pebble falls into the container and gets mixed with new and un-thrown pebbles, should we throw eight stones while one of them is used?

Answer: When you are sure you have performed ramy (stoning) using new and unused pebbles, it is valid and sufficient.

Q125. A person is able to perform ramy (stoning) on the Eid ul-Adha but in the afternoon as there is no crowd at Jamarah ‘Aqabah at that time, can this person hire a representative for performing ramy (stoning) in the morning of Eid? If he wants to perform ramy (stoning) in the afternoon, he would not be able to slaughter the animal on the day of Eid. Can he hire a representative for ramy (stoning) so that he may slaughter the animal on the day of Eid, though he can do it in the afternoon personally?
Likewise, a person has been hiring a representative for ramy (stoning) in the morning of the day of Eid since many years though he was able to perform ramy (stoning) personally, now what is his responsibility?

Answer: In case of capability of performing ramy (stoning) even in the afternoon, hiring a representative is not valid but if he/she does not hope that the excuse may be removed until the last moment of the day, they may hire a representative.
If by chance, their excuse is removed after performing the rite, the rite of their representative is sufficient and its repetition is not compulsory. Regarding the previous years, if hiring a representative was not valid, he should compensate for it.

Q126. Taking into consideration the new expansion in Jamarāt, if a part of the wall of Jamarah ‘Aqabah (wall of 24 meters) would be outside Minā, is performing ramy (stoning) on that part valid while the whole wall is considered as Jamarah ‘Aqabah?

Answer: In case of conviction that a part of the expanded jamarah is situated outside Minā, on the basis of caution, one should perform stoning at a part that is not outside Minā.

Q127. Taking into consideration the new expansion in Jamarāt, what is duty of a person who does not know the real part, or is it sufficient to stone at any part?

Answer: If a person can perform ramy (stoning) and can throw pebbles at the actual place of previous pillar without unbearable difficulty, it is obligatory that he should perform ramy (stoning) at that place but if searching for that place and performing ramy at it results in unbearable difficulty, it is sufficient to throw pebbles on any part of the wall.

Q128. Taking into consideration that the women can perform ramy (stoning) at night before the tenth day, should it be the night before Eid or it is valid to do it at the night after Eid? In case of permission, if she is doing hajj on behalf, what is the ruling?

Answer: In case of being able, one should perform ramy (stoning) at the Jamarah ‘Aqabah at the night before Eid, particularly, if her hajj would be hajj on behalf. Delaying it to the night after Eid is not valid. However, if she performs ramy (stoning) at Jamarah ‘Aqabah on the day of Eid, it is no problem.

Q129. Can a woman perform ramy (stoning) at the three jamarah at night because of fear of over-crowd? Is it the only choice for them or they can perform stoning during the day by hiring a representative instead of waiting for the night to perform ramy?

Answer: If they can perform ramy at night even the night after, it is not permissible for them to hire a representative.

Miscellaneous Issues

Q130. The stones paving the ground floor of the Masjid ul-Ḥarām are purified by qalīl water and they pour water on impurity so that normally the place remains najis. Is prostration on the floor stone of the Mosque valid?

Answer: In the supposed situation, one cannot consider the whole area of masjid to be najis. Investigation is not obligatory and as a result prostration on the ground is valid.

Q131. When Masjid ul-Ḥarām becomes najis due to blood, urine or other impurity, the workers purify the floor using a method that is not purifying in our view. In this state, what is ruling of the prayer that has been performed on the floor (dried or wet) of Masjid ul-Ḥarām?

Answer: As long as a person is not sure that his place of prostration is najis, his prayer is valid.

Q132. Is performing congregational prayer circling around the Holy Ka'bah valid and sufficient?

Answer: The prayer of a person who is standing behind the Imam or on one of the two sides of Imam is valid. On the basis of recommended caution, a person who is standing on one of the side of Imam should observe the distance between Imam of congregation and holy Ka‘bah and should not be nearer to the Ka‘bah. A person who is standing on the other side of Ka‘bah in front of Imam, his prayer is not valid.

Q133. Is it permissible to perform prayer behind a Sunni Imam in the holy cities of Mecca and Medina?

Answer: Yes, it is sufficient and valid.

Q134. Is permission of offering prayer behind a Sunni Imam confined to adā’ prayer or it includes qaḍā’ prayer as well?

Answer: Only it is sure that it is permissible to offer adā’ prayer behind a Sunni Imam and the validity of offering qaḍā’ prayer behind him is problematic, rather it is invalid.

Q135. What is ruling about exiting Masjid ul-Ḥarām and Masjid un-Nabī, at the time of adhān and iqāmah taking into consideration that Sunnis enter the mosque at this time and may find this act faulty in nature and reprimand us for it?

Answer: In view of others, if this deed reflects looking down upon offering prayer at the beginning of its time and leads to disgrace of our shool of thought, it is not permissible.

Q136. It has been mentioned in some inquires that you do not allow people to perform congregational prayers in the hotels of Mecca. Is offering congregational prayer in the houses allocated to hajj groups permissible? It is noteworthy that these houses are specific for the caravans and offering congregational prayer will not be an excuse of missing the prayer in Masjid ul-Ḥarām.

Answer: I do not consider it permissible if offering congregational prayers in the houses would attract others' attention and may lead to repreminding pilgrims for not participating in congregational prayer of Muslims in the mosque.

Q137. What is ruling on the prayer in ‘Arafāt, Mash‘ar, and Minā and on the way between them for a person who has intention to stay in the holy city of Mecca for ten days?

Answer: If he has made intention to stay in the holy city of Mecca for ten days before going to ‘Arafāt and he has performed at least one four-rak'ah prayer having this intention, the ruling of stay remains unless he starts a new journey. After that their going to ‘Arafāt, Mash‘ar ul- Ḥarām and Minā is not considered as a journey.

Q138. Does the ruling of having the choice to offer prayer in full or two rak'ahs apply to all places in the holy cities of Mecca and Medina or it is specific to Masjid ul-Ḥarām and Masjad an- Nabi? Is there any difference between the ancient and new parts of the cities?

Answer: One has the choice to offer prayer in full or in two rak'ahs in all the places of these two sacred cities. Apparently, there is no difference between the new and old localities of the two cities. However, on the basis of recommended caution, the choice is confined to the old localities, rather to the two sacred Mosques and the prayer should be offered in two rak'ahs in the other places of the two cities unless with the intention of stay for ten days.

Q139. What is ruling of the Hajj for a person who avoids participating in the ceremonies of abhor and detestation from the infidels?

Answer: It does not disturb the validity of the Hajj, though one has deprived himself of the reward of participation in the ceremonies of detestation against the enemies of Allah Almighty.

Q140. Can a woman in state of menstruation or puerperium sit on the wall between Masjid ul-Ḥarām and Mas‘ā?

Answer: There is no objection to it unless it would be proved that it is a part of Masjid ul-Ḥarām.

Q141. My mother is among the offspring of the Holy Prophet (saw), shall I be considered as a siyyed. Can I consider my monthly bleeding as menstruation up to sixty years and not to perform my prayer and fast then?

Answer: The age of menopause is a case of contemplation and caution. Regarding this issue, the women can consult another mujtahid who enjoys all requirements.

Q142. What is ruling about the Hajj of a person who doubts wuqūf and Eid because of differences in observing crescent? Should he repeat his Hajj or not?

Answer: If he acts upon the view and ruling of the Sunni jurist regarding the crescent of the month of Dhul-Ḥijjah, it will be sufficient. Therefore, whenever he performs the wuqūf with other people, his Hajj is sufficient and valid.

Q143. The people, who live within the religiously legal distance of 16 farsakh, can perform hajj ifrād.

1- From where does this distance start and end? If the criterion of this distance is the last houses in Jaddah and first houses in the holy city of Mecca, is the boundary of the holy city of Mecca expandable, and should this part be considered a part of the Holy city of Mecca?

Answer: For a person who lives in a city or village close to the holy city of Mecca, the criterion for measuring distance starts from the last point of the city or village to the beginning of the holy city of Mecca. Mecca is expandable and one should consider the places that are included in Mecca at the time being.

2- What is your viewpoint about the beginning point of measuring the distance: is it the last point of the city where a person lives?

Answer: As it was said earlier, the criterion in measuring the distance between his city and the holy city of Mecca is the distance to the current holy city of Mecca. However, it is more compatible with caution to measure the distance from his house.

Q144. A person wants to recite the Holy Qur'an and supplications, or say mustaḥabb prayer behind the Maqām Ibrahim (pbuh), is it permissible for him to do so if it makes difficult for the people who want to offer the prayer of their obligatory ṭawāf?

Answer: It is better, rather more compatible with caution, to select a place for recommended worship where there is little or no crowd.

Q145. Is performing prostration on the rugs in Masjid un-Nabi valid? Taking into consideration, that if we place a piece of paper in front of us or use a prayer rug with something valid for prostration, it attracts their attention and the opponents look down upon and reprimand the persons praying like that.

Answer: When a person should do taqiyyah, he can perform prostration on the carpet or the like and it is not obligatory for him to find another place for offering prayer. In case, he can perform prostration on a leaf, stone or the like, on the basis of obligatory caution, he should perform prostration on these things.

Q146. Is performing prostration on the stones of floor of Masjid ul-Ḥarām and Masjad An-Nabi valid? As a whole, on what kind of stone, one can perform prostration? What is the ruling about the prostration on bricks and clay?

Answer: Prostration on marble and other types of stones used in construction/adornment of the buildings is permissible and valid. The same rule applies to prostration on agate, turquoise and pearl although it is caution not to prostrate on the second group. Prostration on a brick, clay and plaster, lime and cement is also valid.

Q147. If a Shiite person performs a two-rak'ah prayer for the respect of the mosque (in a Sunni mosque), is it permissible for him to perform prostration on the thing on which prostration is not valid?

Answer: If maintaining Islamic unity requires so, then there is no problem.

Q148. In the book of rites of Hajj by Ayatullah Gulpaigani, His Highness has mentioned a lot of recommended deeds related to rites of Hajj. What is the viewpoint of His Highness about practicing these recommended deeds?

Answer: There is no objection if a person acts upon them with the hope of reward.

Q149. What is the ruling about doing wuḍū’ with cool water in Masjid ul-Ḥarām which is allocated to drinking?

Answer: Validity of wuḍū’ with water doubting permissibility of using them for wuḍū’ is problematic, rather it is invalid.

Q150. Usaually people perform recommended deed such as zeyārah, ṭawāf or ‘umrah mufradah for both themselves and other people. Is it valid to perform a single deed for oneself and on the behalf of others simultaneously?

Answer: Sharing with others the reward of recommend hajj or ‘umrah is permissible.

Q151. If the most knowledgable mujtahid does not give fatwā about an issue and regards it “on the basis of obligatory caution” but the second most knowledgable mujtahid does not consider it as caution, is it compulsory for the follower of the former to be aware of it and then refer to the latter, or it suffices that he wants to follow his duty and acts in accordance with the latter's fatwa?
In other words, the most knowledgable mujtahid says to wear iḥrām in the old locality of the holy city of Mecca by obligatory caution while the second most knowledgable mujtahid does not consider this caution and the follower wear iḥrām in the new locality and finds out after performing hajj rites this caution, are their rites valid or not? What is their duty now?

Answer: While performing the deed, if his deed is in accordance with the ruling of a jurist whom he is allowed to follow and he intends to follow him, they are sufficient and valid.

Q152. In some cases, the pilgrims of Baitullāh il-Ḥarām or other travelers are in the airplane. Taking into consideration the fact that saying prayer in an airplane does not disturb one's stability and being still while praying, can they say their prayers in the airplane if all other conditions such as qiyām, qiblah, rukū‘, and prostration are observed while they are of conviction, or think, they would be able to perform the prayer after landing at the airport? In this case, is offering prayer in the airplane sufficient or he should delay the prayer?
In case, he offers prayer in such a state and before the prayer time is over he reaches his destination, is it obligatory for him to repeat his prayer or not?

Answer: If he observes the state of being still while praying and facing towards qiblah, his prayer is valid and permissible, rather he gains more reward by offering prayer in the beginning of its time.

Q153. Is observing the fasts for the fulfillment of one’s need only mustaḥabb for the travelers or it includes the people of holy city of Medina and those who intend to stay ten days there?

Answer: It is not confined to the travelers. They are mentioned exclusively to show they are exempted from general rule of not fasting during a travel.

Q154. A person has performed a recommended ‘umrah tamattu‘. Is he allowed to leave it like that without any excuse and does not perform hajj tamattu‘? In case of permission, is it obligatory to perform ṭawāf of nisā’ or not?

Answer: Yes, he may leave it and he has no duty. On the basis of recommended caution, he should perform ṭawāf of nisā’.