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Wednesday 23 Rabî` Al-'Awwal 1441 H - November 20, 2019 G

fatawas for hajj and Omra

Cursing and insulting in hajj and the incumbent rulings upon the author



Fatwa: 868

Category: fatwas about hajj

Cursing and insulting in hajj and the incumbent rulings upon the author

The question:

Do cursing and insulting annul hajj? And supposing that the hajj [of the one who does so] is nullified, does this imply that all his deeds, among them his hajj for the first time, are annulled? Please, give us a convincing answer, and may Allah reward you.

The answer:

The ruling regarding winning a hajj or `Umra trip in some competitions



Fatwa: 781

Category: fatwas about hajj

The ruling regarding winning a hajj or `Umra trip in some competitions

The question:



The ruling concerning borrowing money in order to perform hajj



Fatwa n°: 780

Category: Fatwas of hajj

The ruling concerning borrowing money in order to perform hajj

Question:

Concerning what is better between repeating hajj and giving charity to the poor



Fatwa n°: 710

Category: Fatwas of hajj

Concerning what is better between repeating hajj
and giving charity to the poor

Question:

What is better for a wealthy person according to the sharia: repeating hajj supererogatorily every year or giving the money reserved for it to the poor and the needy? May Allah reward you with good.

Answer:

The ruling concerning performing hajj with ill-gotten money



Fatwa n°: 657

Category: Fatwas of hajj

The ruling concerning performing hajj with ill-gotten money

Question:

What is the ruling concerning performing hajj with ill-gotten money?

Answer:

The ruling concerning the `Umra of At-Tan`îm



Fatwa: 638

Category: fatwas about hajj

The ruling concerning the `Umra of At-Tan`îm(1)

The question:



The guideline concerning performing hajj on someone’s behalf



Fatwa: 519

Category: fatwas about hajj

The guideline concerning performing hajj on someone’s behalf

The question:

Is it permissible to perform hajj on someone’s behalf who was able to perform it but delayed it and neglected its accomplishment until he died?

The answer:

Concerning the warning against someone who neglects hajj with the ability of performing it



Fatwa n°: 301

Category: Fatwas of hajj

Concerning the warning against someone who neglects hajj
with the ability of performing it

Question:

The ruling concerning giving money in order to get a visa for hajj



Fatwa n°: 150

Category: Fatwas of hajj

The ruling concerning giving money in order to get a visa for hajj

Question:

What is the ruling concerning giving money in order to get a visa for hajj, especially that some travel agencies require it?

Is it permissible to pay the sum of money imposed on us in order to get access to the Holy Places in Hijâz, in order to perform the hajj rites?

Fatawas of sacrifices

The obligation to sacrifice for a wealthy person


Fatwa n°: 885

Category: Fatwas of Hady and Sacrifices

The obligation to sacrifice for a wealthy person

Question:

To whom the Udh-hiya (i.e., the sacrificial animal) of Eid ul-Adha is obligatory? May Allah bless you.

Answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.

The sacrificial animal is incumbent on the wealthy person, who can afford it, in addition to his principal needs. This is the opinion of Al-Ahnâf (the followers of the Imam Abu Hanîfa) and Al-Mâlikiyya (the followers of the Imam Mâlik)(1), in accordance with the Prophet صلَّى الله عليه وسلَّم saying: “He who has the capacity, and does not sacrifice, may not approach our Musalla (place of prayer - on the Eid)”(2). It is also supported by what was reported by Mikhnaf Ibn Sulaym that the Prophet صلَّى الله عليه وسلَّم said in `Arafa: “O people! Every family must offer a sacrifice every year and a `Atîra(3)(4). The `Atîra was abrogated by the Prophet صلَّى الله عليه وسلَّم saying: “Neither Fara`(5) nor `Atîra is permissible”(6) and the abrogation of Al-`Atîra does not imply the abrogation of the sacrifice of Eid ul-Adha, since there is no correlation between the two statements which would imply that if a ruling is cancelled the other ruling will be also cancelled. What makes this opinion the strongest is what was reported by Jundub Ibn Sufyân Al-Bajali who said: I witnessed the Prophet صلَّى الله عليه وسلَّم to have said on the Day of Nahr (i.e., slaughter). He said: “Whoever slaughtered the sacrifice before offering the Eid prayer, should slaughter another sacrifice in its place; and whoever has not slaughtered their sacrifice yet, should slaughter now”(7). Its obligation is evident, especially that there is an order to perform the slaughter again(8).

Ibn Taymiya رحمه الله said: “As for the sacrifice, the most likely is that it is obligatory, since it is one of the most important distinctive signs of Islam. It is the general rite in all the towns and it is associated with prayer in Allah’s saying:

﴿قُلْ إِنَّ صَلاَتِي وَنُسُكِي وَمَحْيَايَ وَمَمَاتِي للهِ رَبِّ الْعَالَمِينَ﴾ [الأنعام: 162].

The meaning of the verse:

Say (O Muhammad): “Verily, my Salât (prayer), my sacrifice, my living, and my dying are for Allâh, the Lord of the `Âlamîn (mankind, jinn and all that exists)﴿ [Al-An`âm (The Cattle): 162]. Allâh عزَّ وجلَّ said also:

﴿فَصَلِّ لِرَبِّكَ وَانْحَرْ﴾ [الكوثر: 2].

The meaning of the verse:

Therefore turn in prayer to your Lord and sacrifice (to Him only)﴿ [Al-Kauthar (A River in Paradise): 2]. So, Allah عزَّ وجلَّ ordered to sacrifice as well as to perform prayer”. Then he (Ibn Taymiya) said: “And those who deny the obligation (of sacrificing) do not have a proof, their argument is the Prophet صلَّى الله عليه وسلَّم saying: “Whoever intends to offer a sacrifice and he enters the month of Dhu Al-Hijja, he should neither get his hair cut nor should he get his nails trimmed”(9). They said: “The obligation does not depend on the will of the person”; in fact, this is a general expression, as obligations are not let to the will of the person, as saying: if you want to do it, then, do it, but the obligation is, rather, related to a condition in order to show a ruling, like Allah’s عزَّ وجلَّ saying:

﴿إِذَا قُمْتُمْ إِلَى الصَّلاةِ فاغْسِلُوا﴾ [المائدة: 6].

The meaning of the verse:

When ye rise up for As-Salât (the prayer), wash…﴿ [Al-Mâ'ida (The Table Spread with Food): 6].

They (The scholars) explained it as follows: If you intend to rise up. They also explained it: if you intend to recite (Qur'an) then say the Isti`âdha (saying: A`ûdhu Billâhi Min Ash-Shaytân Ar-Rajîm i.e.: I Seeking refuge in Allah from Satan the outcast)(10). Indeed, purification is obligatory as well as the recitation (of Qur'an) during the prayer. Allah عزَّ وجلَّ said:

﴿إِنْ هُوَ إِلاَّ ذِكْرٌ لِّلْعَالَمِينَ. لِمَنْ شَاءَ مِنكُمْ أَنْ يَسْتَقِيمَ﴾ [التكوير: 27-28].

The meaning of the verse:

Verily, this (the Qur’ân) is no less than a Reminder to (all) the `Âlamîn (mankind and jinn), to whomsoever among you who wills to walk straight﴿ [At-Takwîr (Wound Round and Lost its Light): 27-28]. And the will to be straight is obligatory(11).

I said: As for arguing by the traditions reported about Abu Bakr, `Umar and Abou Mass`ûd رضي الله عنهم concerning the optionality of sacrificing, the Companions of the Prophet صلَّى الله عليه وسلَّم differed on its ruling. So, we have to choose of their opinions the one which is supported by proofs. Their opinions are in fact proofs for those who have the view that a wealthy person must sacrifice. On the other hand, the reported traditions are Mauqûf (stop at Companions) and contradict the aforesaid Marfû` (hadith directly attributed to the Prophet صلَّى الله عليه وسلَّم) texts, and “The Marfû` takes precedence over the Mauqûf” as it is stated by the rules of jurisprudence.

The perfect knowledge belongs to Allah سبحانه وتعالى. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and his Brothers till the Day of Resurrection.

Algiers Rabî` Al-Awwal 30th, 1429 H
April 6th, 2008



(1) See : “Sharh Muslim” (13/92).

(2) Reported by Ibn Mâjah in his “Sunan” in the chapter of “Sacrifices”, concerning whether sacrifices are obligatory or not? (hadith 3123), Al-Hâkim in “El-Mustadrak” (hadith 7565), Ad-Dâraqutni in his “Sunan” (4/276) and Ahmad in his “Musnad” (hadith 8074), from the hadith of Abu Hurayra رضي الله عنه. This hadith is judged Hassan (good) by Ahmad Shâkir in his recension of “Musnad Ahmad” (16/120) and Al-Albâni in “Takhrîj Mushkilat Al-Faqr” (102).

(3) `Atîra: it was a sheep which used to be slaughtered during the month of Rajab.

(4) Reported by Abu Dâwûd in his “Sunan” in the chapter of “Sacrifices”, concerning the obligation of sacrifices (hadith 2788), At-Tirmidhi in his “Sunan” in the chapter of “Sacrifices” (hadith 1518), An-Nassâ'i in his “Sunan” in the chapter of “Al-Fara` Wal `Atîra”, concerning Al-Fara` and Al-`Atîra (hadith 4222), Ibn Mâjah in his “Sunan” in the chapter of “Sacrifices” concerning whether sacrifices are obligatory or not? (hadith 3125), from the hadith of Mikhnaf Ibn Sulaym رضي الله عنه. Al-Albâni judged it as Hassan (good) in “Al-Mishkât” (the second recension) (hadith 1478).

(5) Fara`: It was the first offspring (they got of camels or sheep) which they (pagans) used to offer (as a sacrifice) to their idols.

(6) Reported by Al-Bukhâri in his “Sahîh” in the chapter of “Al-`Aqîqa” (new born sacrifice), concerning Al-`Atîra (hadith 5157) and Muslim in his “Sahih” in the chapter of “Sacrifices”, concerning Al-Fara` and Al-`Atîra (hadith 5116), from the hadith of Abu Hurayra رضي الله عنه.

- Al-Fara`: the first offspring of a she-camel, they (pagans) used to slaughter it for their idols, then the Muslims were prevented from it. [“An-Nihâya” of Ibn Al-Athîr: (3/435)]. Al-`Atîra: a sheep which used to be slaughtered during the month of Rajab. [“An-Nihâya” of Ibn Al-Athîr (3/187)].

(7) Reported by Al-Bukhâri in his “Sahîh” in the chapter of “Sacrifices”, concerning whoever slaughtered (his animal) before prayer should slaughter again (hadith 5242) and Muslim in his “Sahîh” in the chapter of “Sacrifices”, concerning its time (hadith 5064), from the hadith of Jundub Ibn Sufyân Al-Bajali رضي الله عنه.

(8) “As-Sayl Al-Jarrâr” of Ash-Shawkâni (4/74).

(9) Reported by Muslim in his “Sahih” in the chapter of “Sacrifices”, concerning the forbiddance for one who intends to offer a sacrifice to get his hair cut after the beginning of Dhu Al-Hijja…(hadith 5117), Abu Dâwûd in his “Sunan” in the chapter of “Sacrifices”, concerning getting one’s hair cut during the ten first days of the month of Dhu Al-Hijja (hadith 2791), At-Tirmidhi in his “Sunan” in the chapter of “Sacrifices”, concerning abandoning trimming his hair during the first ten days of Dhu Al-Hijja (hadith 1523) and An-Nassâ'i in his “Sunan” in the chapter of “Sacrifices”, concerning sacrifices (hadith 4361), from the hadith of Um Salama رضي الله عنها.

(10) They pointed to the verse 98 in the sura of An-Nahl (The Bees):

﴿فَإِذَا قَرَأْتَ الْقُرْآنَ فَاسْتَعِذْ بِاللهِ مِنَ الشَّيْطَانِ الرَّجِيمِ﴾ [النحل : 98].

And when you recite the Qur'an, seek refuge in Allah from Satan the outcast﴿ (translator’s note).

(11) “Majmû`Al-Fatâwa” of Ibn Taymiya (23/162).

The required age for the sacrificial animal


Fatwa n°: 830

Category: Fatwas of Hadiy (offering) and Sacrifices

The required age for the sacrificial animal

Question:

What is the required age of the sacrificial animal of `Îd al-Adha?

Answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.

The principle as regards the sacrificial animal is that it is not accepted unless it is of the beast of cattle which are: camels (camel and she-camel), cows (cow and ox) sheep (ram and ewe) and goats (billy goat and nanny goat), in accordance with Allah’s جلَّ جلاله saying:

﴿لِيَذْكُرُوا اسْمَ اللهِ عَلَى مَا رَزَقَهُمْ مِن بَهِيمَةِ الأَنْعَامِ﴾ [الحج: 34].

The meaning of the verse:

…that they may mention the Name of Allâh over the beast of cattle that He has given them for food﴿ [Al-Hajj (The Pilgrimage): 34].

As for the acceptable age of the beast, it is the Thaniyya of all these kinds. The Thaniyya of camels is a five-year-old camel starting the sixth.

The Thaniyya of cows is: a two-year-old starting the third.

The Thaniyya of sheep is: a one-year-old starting the second.

The Thaniyya of goats is: a one-year-old starting the second.

A sacrificial animal is not accepted under these ages for all these kinds, except in case it is difficult to get a sheep fulfilling the required age. In such a case, a Jadha` suffices. A Jadha` is a six-month-old sheep, in accordance with the Prophet صلَّى الله عليه وسلَّم saying: “Sacrifice only Al-Mussina (i.e.Thaniya) of animals, unless it is difficult for you, in which case sacrifice a ram (of even less than a year, but more than six months’ age)”(1).

The apparent meaning of the hadith is that the Jadha` of sheep is not accepted unless it is not possible to sacrifice a Mussinna. As for the reported hadiths concerning the permissibility of sacrificing a Jadha` of sheep, the authentic ones should be understood that it is allowed to sacrifice a Jadha` in case a person is not able to sacrifice a Mussinna either because it is not available when needed or because of its high price, in accordance with the hadith of `Âssim Ibn Kulayb on the authority of his father, he said: “We used to take as leader, during conquests, one of the messenger’s صلَّى الله عليه وسلَّم Companions. Once we were at Persia, it was the day of sacrifice and the Mussinna beasts were expensive, so we slaughtered two or three of Jadha` instead of the Mussinna. A man from Muzayna among us stood up and said: We were with the Prophet صلَّى الله عليه وسلَّم and the same thing as today happened to us, so we sacrificed two Jadha` or three instead of a Mussinna, then the Prophet صلَّى الله عليه وسلَّم told us: “The Jadha` suffices as well as the Thaniy”(2).

The perfect knowledge belongs to Allah سبحانه وتعالى. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and his Brothers till the Day of Resurrection.

Algiers Muharram 14th, 1429 H
January the 22nd, 2008



(1) Reported by Muslim in the chapter of “Sacrifices” concerning the age of the animal that should be sacrificed (hadith 5082), Abu Dâwûd in the chapter of “Sacrifices” concerning the age of the sacrificial animal (hadith 2797), Ibn Mâjah in the chapter of “Sacrifices” concerning the required age of the sacrificial animal (hadith 3141) and Ahmad in his “Musnad” (hadith 14093), from the hadith of Jâbir رضي الله عنه.

(2) Reported by Abu Dâwûd in the chapter of “Sacrifices” concerning the age of the sacrificial animal (hadith 2799), An-Nassâ'i in the chapter of “Sacrifices” concerning the Mussinna and the Jadha`a (hadith 4383), Ibn Mâjah in the chapter of “Sacrifices” concerning the required age of the sacrificial animal (hadith 3140) and Al-Hâkim in “Al-Mustadrak” (hadith 7538), on the authority of Mujâshi` Ibn Mass`ûd رضي الله عنه. This hadith is authenticated by Al-Albâni in “Al-Irwâ'” (hadith 1146).