|
|
|
There are certain things that are forbidden during the period a person has tied Ihram They are as follows:
First: Hunting on land, as regards hunting or eating, (even if it is hunted by a person who has not tied Ihram), pointing towards the prey, guiding in hunting, fastening or slaughtering the prey, as well as the chicken and eggs of the prey are forbidden (for a person who has tied Ihram). If a person slits the throat of a prey, it shall be treated as dead, according to the prevalent opinion, and this is also a more cautious opinion. The birds, including even locusts, are governed by the rule relating to hunting animals on land. It is more cautious to avoid killing ants and honeybees, even if the intention is not to hurt them. There are several rules relating to hunting. We are not mentioning them, as they are not usually required.
Second: Women (are forbidden), as regards having sexual intercourse with them, or kissing them, touching them or looking at them lasciviously; rather, all sorts of enjoyment with them (are forbidden, after having tied Ihram).
Problem # 1 If a person, while having tied lhram for 'Umrat al- Tamattu', has sexual intercourse in a natural way or unnatural way with a male or female, with the knowledge of its being forbidden and deliberately, then apparently his'Umrah shall not thereby be invalidated, and he shall (merely) be liable for expiation. But to be more cautious one must cancel the 'Umrah and execute it again, if the act has been performed before Sa'y. If the time is short, he must perform Hajj al-Ifrad, and later Hajj al-Mufradah It is more cautious to perform Hajj again next year. If he has committed the act after Sa'y, he shall be liable merely to expiation, i.e sacrificing a camel, without there being any difference in the person being rich or poor
Problem # 2 If a person, having tied Ihram, commits the said act deliberately and knowingly, his Hajj shall thereby be rendered void without any hesitation, if it were before staying in 'Arafat. If it were after it, and before staying in Mash'ar (al-Haram), then, again, according to the stronger opinion, it shall be rendered void. In both cases, he shall be bound to complete the rites (of Hajj) and perform Hajj (again) next year, and shall also be liable for expiation, that is (sacrificing) a camel. If it were after staying in Mash'ar al-Haram, but before completing half of Tawaf al-Nisa', his Hajj shall be valid, and he shall be liable for expiation. If it were after completing half of it, according to the more proper opinion, his Hajj shall be valid, without expiation.
Problem # 3 If a person, (after having tied Ihram for Hajj) kisses a woman lasciviously, its expiation shall be (sacrificing) a camel. If it were without lust its expiation shall be (sacrificing) a sheep, though it would be more careful to sacrifice a camel. If a person looks at his wife lasciviously and his semen is discharged, then according to the prevalent opinion, he shall be bound to sacrifice a camel. But if it were without lust, then he shall not be liable for anything. If he looks at a woman other than his own wife and his semen is discharged, if possible he shall be bound to sacrifice a camel; otherwise, a cow, (and in case of inability), a sheep. If a person touches a woman lasciviously, and his semen is discharged, then he shall be liable for expiation, and it is more cautious to sacrifice a camel, though sufficiency of sacrificing a sheep shall not be devoid of force. If his semen is not discharged, then his expiation shall be sacrificing a sheep.
Problem # 4 If a person has sexual intercourse with his wife who has already tied Ihram,, then if he has forced her, she shall be under no liability, and he shall be liable for two expiations. If she were willing each of them shall be liable for expiation.
Problem # 5 If anything entailing expiation happens out of ignorance about the rule, negligence or forgetfulness, it shall neither invalidate a person's Hajj or 'Umrah nor shall he be under any liability.
Third. (It is forbidden) to contract a marriage for oneself or for another, even if the other person had not tied Ihram, and so also testifying to or against a contract (of marriage), even if it were done while he had not tied Ihram, though its permissibility is not far from being valid. If a person contracts a marriage having already tied Ihram, the wife shall be rendered permanently forbidden, provided that he had knowledge about its being forbidden. If it were done out of ignorance, the contract shall be void, but she shall not be rendered permanently forbidden. It is more cautious to declare her permanently forbidden, particularly in case he has had sexual intercourse with her.
Problem # 6 It is permissible to ask the hand of someone in marriage having already tied Ihram, though it is more cautious to avoid it. So also it is permissible to recall one's wife in case of a revocable divorce.
Problem # 7 If a person not having tied Ihram contracts a marriage with a woman who has already tied Ihram, it is more cautious for him not to have sexual intercourse or the like with her and separate her by divorce. If he had knowledge about the relevant rule (of its prohibition) he must divorce her and never marry her again.
Problem # 8 If a person, having already tied Ihram, contracts a marriage and consummates it, then if it was done with the knowledge of both about the relevant rule (of its prohibition), each of them shall be liable for expiation, i.e., sacrificing a camel. But if the marriage were not consummated, neither shall be liable for expiation, irrespective of what has been said about the person contracting the marriage and the woman having already tied Ihram or not, and whether one of them had the knowledge about the relevant rule (of its prohibition) excluding the other, in which case, the party having knowledge shall expiate excluding the ignorant one.
Problem # 9 Apparently there shall be no difference in what has been mentioned under the rules between a permanent and temporary marriage.
Fourth. Masturbation by one's own hand or by any other means (is forbidden), so that if a person's semen is discharged, he shall be liable to sacrifice a camel. To be more cautious, it shall also invalidate everything invalidated by sexual intercourse according to what has been mentioned before
Fifth. (During Hajj, it is forbidden to use) a perfume of any kind including even camphor for dying, rubbing or incensing on one's body or garments, or use a thing having its perfume, or eat anything having perfume like saffron. According to the stronger opinion, use of ginger and cinnamon is not prohibited, though it is more cautious to avoid it.
Problem # 10 It is obligatory to avoid the use of aromatic plants, i.e. any plant having good aroma, except some of its land varieties, like lavender, which is a plant whose flower, according to what is said, is one of the most aromatic flowers, southernwood, Shih (an oriental variety of wormwood), and Idhkhir (a kind of aromatic grass) Khuluq al- Ka'bah (a perfume whose major ingredient is saffron) is also an exception to the forbidden performs. It is unknown among us, but it is more cautious to avoid the use of perfumes used in Ka'bah.
Problem # 11 It is not obligatory to avoid eating or smelling the good smelling fruits like apples and citron, but it is more cautious to avoid smelling them.
Problem # 12 Smelling the scents in the shops of the perfumeries between Safa and Marvah is exempted from prohibition So it is permissible.
Problem # 13 If a person is compelled to wear, eat or drink anything containing scent, it shall be obligatory to close ones nose (to avoid smelling it), but it is not permissible to close ones nose upon a bad smell. Of course, it is permissible to escape and keep away from it.
Problem # 14 There is no objection in buying, selling or looking at perfumes, but it is obligatory to avoid smelling them.
Problem # 15 The expiation of smelling perfume, according to the more cautious opinion, is sacrificing a sheep. If a person repeats smelling it, if he has expiated between smelling twice, the expiation shall also be repeated. If, however, he has repeated smelling on different occasions, he must expiate. If he has smelled repeatedly at one and the same time, a single expiation shall not be far from being sufficient.
Sixth. (It is forbidden) for men to wear stitched garments like shirts, trousers, gowns or the like Rather it is not permissible to wear what resembles a stitched garment like a woven shirt or one made of wool. It is more cautious to avoid using anything stitched, even if little like a cap or a waistband. Of course, tying a stitched bag for keeping money is exempted from the stitched garments.
Problem # 16 If a person is compelled to fasten something with a stitched object, it shall be permissible, but it is more cautious to expiate. If a person is compelled to wear something stitched like a gown or the like, it shall be permissible, but he shall be liable to expiate.
Problem # 17 Women are allowed to wear stitched garments of every type Of Course; it is not permissible for them to wear Qaffazin (cotton stuffed object into which Arab women would put their hands to keep them warm against cold)
Problem # 18 The expiation for wearing a stitched garment is sacrificing a sheep. So if a person wears several stitched garments, he shall be liable to sacrifice a sheep for each of them. If he puts some of the garments into one of them and then wears all of them at a time, then to be more cautious there must be a separate expiation for each of them. If it is necessary for him to wear several garments, it shall be permissible, but the expiation shall not drop.
Problem # 19 If a person wears, suppose, -a shirt, and expiates, then puts its off, and wears its again or wears another shirt, he shall be liable to expiate again. If he wears several garments of the same type, like a shirt and a gown, to be more cautious there shall be several expiations (according to the number of garments), even if it were done on a single occasion.
Seventh. Applying black collyrium usually meant for make-up (is forbidden), though done without the intention of make-up. It is more cautious to avoid applying collyrium absolutely that is meant for make-up. If there is some perfume in it, then, according to the stronger opinion, it shall be prohibited.
Problem # 20 The prohibition of applying collyrium is not applicable exclusively to females, so that it is equally applicable to males as well.
Problem # 21 The application of collyrium does not entail expiation, but if it contains perfume, then it would be more cautious to expiate.
Problem # 22 If a person needs the application of collyrium, it shall be permissible.
Eight. Looking into the mirror (is also forbidden) without any difference between males and females, but it does not entail any expiation. It is, however, approved to pronounce Talbiyah. It is more cautious to avoid looking into the mirror, even if it is not meant for make-up.
Problem # 23 There is no objection in looking into glazed bodies or clear water in which objects are reflected. Likewise, there is no objection in using spectacles, if they are not meant for adornment; otherwise, they shall not be permissible.
Ninth. Wearing what covers the whole of the apparent part of foot such as stockings or socks, etc. (is forbidden). This prohibition is applicable exclusively to males, and not to females. Wearing it does not entail expiation. If a person needs to wear it, he must tear its back.
Tenth. Profligacy. It is not confined to untruthfulness, but also includes abusiveness and vainglory. It does not entail expiation, but requires repentance. It is approved to expiate through giving something in charity. It is preferable to slaughter a cow.
Eleventh. Jidal (is also forbidden). It means saying. "No, by Allah" or "Yes, by Allah", or whatever carries the same meanings in any language, when it is used to assert or deny anything. If it occurs by using any of the word carrying the sense of "Allah", the Glorified, or its equivalent, it shall be called "Jidal". It is more cautious to affiliate with it all the Attributes of Allah, the Exalted like "Rahman, Rahim, "Creator of the Universe" or the like. But swearing by any holy thing other than Allah, the Exalted shall not fall under the category of "Jidal”
Problem # 24 If a person is truthful in "Jidal” he shall not be liable for expiation, even if he repeats it twice, but if he repeats its thrice, he shall be bound to expiate, and that is sacrificing a sheep. If he were lying, then he shall be bound to sacrifice a sheep even for pronouncing it once, and, in case of repeating it twice he shall be bound to sacrifice a cow, and in case of repeating it thrice, he shall be bound to sacrifice a camel. Rather this rule is not devoid of force.
Problem # 25 If a person pronounces "Jidal” falsely, and expiates, then pronounces it again, it shall not be far from entailing expiation of a sheep, not a cow. If he pronounces it again, he shall be bound to expiate by sacrificing a cow. If he commits it again, apparently his expiation shall be sacrificing a sheep. If suppose, he commits it twice again apparently he shall be bound to sacrifice a cow and not a camel.
Problem # 26 If a person pronounces "Jidal" truthfully more than thrice, he shall be bound to sacrifice a sheep. Of course, if he expiates, and then pronounces it thrice or more again, he shall be liable for another expiation. If he pronounces it falsely ten times or more, his expiation shall be a camel. Of course, if he expiates after committing it thrice or more, and then commits it again, expiation shall be repeated according to the order mentioned before.
Problem # 27 In unavoidable circumstances, it is permissible to swear by Allah, the Glorified in order to establish a truth or deny a falsehood.
Twelfth. Killing worms living on the (human body), such as lice, fleas, or the like,(is forbidden). The same rule applies to killing the worms of animals. It is not permissible to throw them from the body, or shifting them from their place to another place from where they may fall down. Rather it is more cautious not to shift them to a place from where they may fall down. To be more cautious it is better not to shift them to another place while the former one was safer. It is not far from absence of expiation in case of killing them, though it is more cautious to give a handful of food in charity.
Thirteenth. Wearing a ring for decoration (is also forbidden). If it is for being approved or in view of its efficacy, and not for decoration, there shall be no objection in wearing it. It is more cautious to give up using henna for decoration purpose. Rather if it is meant for decoration, it shall be more cautious to avoid it, even if it is not the intention. Rather prohibition in both the cases shall not be devoid of significance. If it is used before tying Ihram for decoration or otherwise, there is no harm in it, even if its impression is left at the time of tying Ihram. The use of a ring or henna does not entail expiation, even if he is considered to have committed a forbidden act.
Fourteenth. Wearing of jewellery for decoration by women (is also forbidden). If it is meant for decoration, it is more cautious to avoid it, even if it is not intended to be so. Rather, it shall not be free from prohibition. There shall be no objection if she were in the habit of wearing it before tying Ihram .She shall not be bound to remove it, but it shall be prohibited to display it to men, including her own husband. Wearing jewellery does not entail expiation, though she is considered to have committed a prohibited act.
Fifteenth. An ointment (is also forbidden), even if it is not scented. Rather, it is not permissible to use perfumed oil even before tying Ihram, if its scent subsists at the time of tying Ihram. There is no harm in anointment in case of an emergency. Nor is there any harm in eating oil without any odor. If the oil contains an odor, its expiation shall be sacrificing a sheep, even one in emergency; otherwise, there shall be no liability whatsoever.
Sixteenth. Removing hair in a small or large quantity, even a single hair, from the head, beard or any other part of the body by shaving, picking, or in any way what so ever, even by a depilatory agent, regardless whether the removal is from one's own body or another, even if the other person has not tied Ihram.
Problem # 28 There is no objection in removing the hair in case of emergency as, for example, removing lice or curing eyesore. So also there is no harm if the hair falls during ablution or bath without intending to remove it.
Problem # 29 According to the more cautious opinion, the expiation for shaving the head without any emergency is sacrificing a sheep. Even in case of emergency, it shall be feeding six persons with ten Mudds of food in a way that each of them should get two Mudds, slaughtering a sheep, or fasting for three days. The expiation for removal of hair from the head without shaving it is equivalent to that for shaving the head.
Problem # 30 The expiation for shaving both the armpits is sacrificing a sheep. It is more cautious to make such expiation even in case of shaving a single armpit. If a person touches his hair, resulting in falling of a single or more hair, it is more cautious for him to give a handful of food in charity.
Seventeenth. Covering the head by a man with anything that may cover it (is also forbidden), even with (what contains) grass, henna or mud Rather it is more cautious for him not to put anything on his head that may cover it. The same rule shall apply even if a part of the head is covered. Apparently the ears are also treated at par with the head, and so it is not permissible to cover them too. A band of water-skin or a handkerchief fastened round the head in case of headache are exempted from this rule
Problem # 31 It is not permissible to dip into water or any other liquid. Rather, it is not permissible to dip even a part of the head or even the ears in a way that they may be submerged under it. It is also not permissible to cover the head while sleeping. If he does it out of negligence of forgetfulness, he must give it up immediately. At such time, it is approved to pronounce Talbiyah. Rather, it is more cautious to do so. Of course, there is no objection in putting the head on a pillow or the like while sleeping. There is also no objection in covering the entire face.
Problem # 32 The expiation for covering the head, in whatever way it may be, is sacrificing a sheep. The same shall be the expiation even in case of covering a part of the head.
It is more cautious to repeat it in case of repeating the act of covering the head, though it is not far from being otherwise in case of an expiation intervening between two repetitions, although caution is very much desired in such case.
Eighteenth. Covering the face by women by a mask or veils or the like, or even a fan (is forbidden). It is more cautious not to cover it with what is not usual like grass or mud. The rule for a part of the face is the same as for the entire face. Of course, it is permissible for her to put her hands on her face. So also there is no objection in her placing her face on a pillow or the like for sleeping.
Problem # 34 A woman is bound to hide her head while offering prayer, and to cover part of both the sides of her face while preparing to offer it. But as soon as she has finished her prayer, she is bound to uncover her face.
Problem # 35 It is permissible for a woman to let her cloth hang so that it may reach from her head to her face up to her nose, rather up to her neck, in order to hide it from aliens. To be more cautious, it is better that she must let her cloth hang on her face in a way that it may not stick to it, even if she does it by holding it with her hand.
Problem # 36 There is neither any expiation for covering the face, nor for absence of distance between the cloth and her face, though it is more cautious to expiate in both the cases.
Nineteenth Men (are not allowed) to keep their head under shade, but not women. It is permissible for women to put their head under shade in whatever way, and so it is also permissible for children. There is no difference in the shade whether the person is in a litter (Mahmil) giving shade, or is riding a vehicle, a train, a plane, a ship or the like with a roof giving the shade. It is more cautious not to receive shade from what is not above his head as walking beside a litter or sitting near the wall of a ship or utilise their shade, though the rule of its permissibility is not devoid of force.
Problem # 37 Prohibition of seeking shelter is exclusively meant for while one is walking or is on a journey, regardless whether he is riding or not. But if he has alighted somewhere like Mina, 'Arafat, etc, it is shall be permissible to go under a shade of a roof or a tent, or take an umbrella while walking, So for a person who is in Mina, it is permissible to go to the Madhbah (slaughtering place) or the place for throwing pebbles (on the three Satans), though it is cautious to give it up.
Problem # 38 It is contrary to caution for a person having tied Ihram to travel in a litter etc having a roof while on a journey during night, though the rule for its permissibility is not devoid of force, so it is permissible for a person having tied Ihram to travel by a plane flying during night.
Problem # 39 If a person, while walking, needs shade against cold, heat, rain or the like, it shall be permissible, but he shall be liable to expiate.
Problem # 40 According to the more cautious opinion, the expiation for seeking shade is sacrificing a sheep, even if it were due to some excuse. According to the stronger opinion, sacrificing a sheep would be sufficient during Ihram for 'Umrah and a sheep during Ihram for Hajj, even if he has repeated seeking shade during 'Umrah and Hajj.
Twentieth (It is forbidden) to emit blood from one's body, even if as a result of scratching or using a toothbrush. But there is no objection in causing someone else to emit blood as a result of extracting a tooth or cupping, in the same way as there is no objection in emitting blood from his own body whenever a need arises or in case of an emergency. There is no expiation for emitting blood, even without any need or emergency.
Twenty First (It is also forbidden) to clip or trim nails of the hands or feet entirely or partly without being any difference in the tools like scissors, knives or the like. It is more cautious not to remove them even by biting or the like. Rather it is more cautious not to clip the nails of an extra hand or an extra finger, even it is not far from being permissible if it is certain that they are extra.
Problem # 41 The expiation for clipping each nail of the hand or the foot is a Mudd of food unless it reaches ten from the hands and feet. If a person clips nine nails from the hands and the feet, he shall be bound to expiate one Mudd for each of them.
Problem # 42 The expiation for clipping all the nails of the hand is sacrificing a sheep and for those of the feet sacrificing a sheep. Of course, if a person clips the nails of both the hands and the feet at a time, he shall be bound to expiate a sheep for all of them, except when there is an expiation intervening between the first and second, in which case he shall be bound to make the expiation of sacrificing two sheep. If he clips all the nails of one of them and some of the other, he shall be bound to sacrifice a sheep for all the nails of the one and a Mudd of food for each of the nails of the other. If a person clips all the nails of one of them at a time or at two separate times, and all the nails of the other at another time or at two other separate times, he shall be bound to sacrifice two sheep. If he clips all the nails of his hand at several times, he shall be bound to sacrifice a single sheep. The same rule shall apply in clipping the nails of the feet.
Problem # 43 If the nails of a person's hands or feet are less than ten, and he clips all of them, he shall be bound to give a Mudd of food for each of them, though it is more cautious to sacrifice a sheep. If they are more than ten, and he clips all of them, he shall be bound to sacrifice a single sheep. According to the more cautious opinion, the same rule shall apply in case he clips all the genuine ones. If he clips some of the genuine ones and some of the extra ones, then he shall be bound to give a Mudd of food for each of the genuine ones, and to be more cautious, it shall be better for him to give a Mudd of food for each of the extra ones (as well).
Problem # 44 If a person is compelled to clip all or some of his nails, it shall be permissible for him, and it shall be more cautious for him to expiate in the manner mentioned before.
Twenty-Second According to the more cautious opinion, (it is also forbidden) to extract one's tooth, even if it does not cause bleeding. Its expiation shall be sacrificing a sheep.
Twenty- Third (It is also forbidden) to uproot or cut a tree or grass, grown in Ihram. The following, however, are exceptions.
1. As regards the trees or grass growing in his house or residence once it has become his house or residence, if he has planted or grown them himself, it shall be permissible for him to uproot them or cut them. If he has not planted the trees himself, it shall be more cautious for him to leave them, though, according to the stronger opinion, it is permissible for him (to uproot or cut them). He must not give up caution as regards the grass, if he has not grown it himself. If a person purchases a house where there are some trees and grass, it shall not be permissible to cut them.
2. Fruit trees and palm trees, regardless whether they are grown by nature (Allah, the Exalted) or human beings.
3. Idhkhir, which is a kind of (aromatic) grass.
Problem # 45 If a person cuts a tree, not permissible to be cut or uprooted, then if it were a big one, according to the more cautious opinion, he shall be liable to sacrifice a cow, and if it were a small one, he shall be liable to sacrifice a sheep.
Problem # 46 If a person cuts a part of a tree, then, according to the stronger opinion, it is necessary to expiate its price. In case of (cutting or moving) grass there is no expiation except asking divine forgiveness.
Problem # 47 If a person acts according to the usual practice and mows grass, there shall be no objection in it, as it shall also be permissible for him to graze his camel on it, but he should not cut the grass for it.
Problem # 48 It is not permissible even for a person who has not tied Ihram to cut a tree or grass within the area of Ihram where it is not permissible for a person who has tied Ihram to do so.
Twenty-Fourth According to the more cautious opinion, (it is forbidden) to be armed with weapons like a sword, a dagger, a pistol or the like, that fall under the category of fighting arms, except when unavoidable. It is disapproved to carry weapons, when one is not armed with them, but they are displayed. It is more cautious to avoid it
Circumambulation is one of the primary obligations for 'Umrah. It consists of seven rounds of the holy Ka'bah according to the following details and conditions, it is a pillar that invalidates 'Umrah, if given up deliberately until its proper time expires, regardless whether the person has knowledge of its rule or is ignorant of it. The time of its expiry is when the time for the performance of the 'Umrah, and all its rites and reaching for staying at 'Arafat becomes too short.
Problem # 1 It is more cautious for a person who has invalidated his 'Umrah deliberately to perform Hajj-al Ifrad, and then the 'Umrah, and also perform Hajj next year.
Problem # 2 If a person gives up performance of circumambulation inadvertently, he shall be bound to perform it some other time when possible. If he has returned to his place, and it is possible for him to go back without any distress, it shall be obligatory on him (to go back and perform it). Otherwise, he shall designate someone to do it on his behalf.
Problem # 3 If a person is not able to perform circumambulation due to some ailment or the like, then if it is possible to let him perform it even by carrying him on a couch, it shall be obligatory. As far as possible, one must observe to fulfill its essentials. Otherwise, one shall be bound to designate someone else to perform it on his behalf.
Problem # 4 If a person has performed Sa'y before circumambulation, it is more cautious to repeat it after circumambulation. So also if he has offered prayer before circumambulation, he is bound to repeat it after circumambulation.
Chapter Fourteen -Essentials of Circumambulation
There are two categories of the Essentials of Circumambulation.
First Category of Its Essentials
The First Category concerns its Conditions. They are as follows.
First: The Intention, with all the conditions already mentioned under Ihram
Problem # 7 If the appearance of the new moon for Dhu'l Hijjah is established for a Qadi (or judge) of the Sunnis, and he also proclaims it, but it is not established among us (Shi'ahs), then if it is possible to act according to the true religion (i.e. the Shi'ah faith) without Taqiyyah or fear, it shall be obligatory (to do so); otherwise., it shall be obligatory to follow them (i.e., the Sunnis). The Hajj shall be valid if it does not appear to be contrary to the actual position. Rather, it shall not be far from being valid despite the knowledge of acting against the actual position. (In this case) it is not permissible to oppose (the Sunni opinion). Rather there is hesitation in the validity of the Hajj despite opposing Taqiyyah. As the horizon of Hijaz and Nejd is different from ours, particularly from the horizon of Iran, it is quite rare to get the knowledge of acting contrary to the actual position.
|
|
|