Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(134): "Ruling on the Second Sa`y in Hajj-at-Tamattu

Date Added : 05-10-2015

Resolution No.(134) (14/2009): "Ruling on the Second Sa`y in Hajj-at-Tamattu"

 

Date: 30/12/1430 AH, correspondng to 17/12/2009 AD

 

 

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its fifth session held on (30/12/1430 A.H)-(17/12/2009 A.D), the question concerning the Islamic ruling on offering  the  second Sa`y, after Tawaaf Al-Ifadaah, by the pilgrims who are performing the Tamattu type of Hajj.

After careful study and deliberation, the Board determined the following: 

In principle, a pilgrim performing the Hajj of Tamattu must assume the Ihraam of Umrah first and perform all its pillars and obligations such as: Tawaaf (circling the Kabbah), Sa`y, shaving hair, or shortening it , then get into  the state of  Tahallul (freedom to take off the Ihraam or leave it). After that, he must assume the Ihraam again for Hajj, and perform all its pillars and obligations such as Tawaaf, Sa`y and else since Hajj and Umrah are two independent acts of worship which can`t make up for each other. Allah, The Exalted, Says in the Holy Quran (What means): “And complete the Hajj or ’Umra in the service of God." {Al-Baqarqh/196}. Therefore, the Sa`y which he offered during Umrah doesn`t compensate for the Sa`y of Hajj since each act of worship must include a Sa`y of its own.

The above is the opinion of the four juristic schools: the Hanafites, the Malikites, the Shafites, and it is the preponderant opinion of the Hanbalites. In the Harams of Mecca and Medinah, Fatwaas are delivered in line with this opinion based on what the Prophet`s companions, who performed the Hajj of Tamattu, did at his time. He (PBUH) said (what means): “Make the intention of assuming Ihraam for Umrah first, and perform all its pillars and obligations, then get out of the state of Ihram. Afterwards, assume the Ihraam again for Hajj and perform all its pillars and obligations. “{Bukhari}. Allah, The Almighty, Said in this regard (What means): “He must make an offering, such as he can afford, but if he cannot afford it, He should fast three days during the hajj and seven days on his return." {Al-Baqarah/196}.

It is incumbent on every Muslim to follow what has been confirmed in the authentic Sunnah and applied by the Muslim jurists because it is more cautious in performing acts of worship such as Hajj since a Muslim sacrifices the most precious to perform this great act. Therefore, he needs not risk his Hajj and violate the followed opinions of the Muslim jurists. And Allah Knows Best.

 

 

The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Dr. Nooh Al-Qoudat

Vice-Head of the Iftaa Board, Dr. Ahmad Helayel

Sheikh Sa`eid Hijjawi/ Member

                                                              Dr. Yahia Al-Botoosh/ Member

              Dr. Mohammad Khair Al-Eesa/ Member

                                                            Judge. Sari Attieh/ Member

     Dr. Abdulrahman Ibdah / Member

  Dr. Mohammad Oklah/ Member

               Dr. Abdonnassir Abi Al-bassal / Member

Executive Secretary of the Iftaa Board, Dr. Mohammad Al-Khalayleh

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Summarized Fatawaa

Is it permissible to offer an Udhiyah on behalf of the deceased?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Offering a sacrifice (Udhiyah) on behalf of the deceased is permissible. This is the position of the Hanbalis [Kashshaf al-Qina’ by al-Bahuti (Vol.6/P.428)], and it was held by al-Abbadi of the Shafi’is [Bidayat al-Muhtaj by Ibn Qadi Shuhbah (Vol.4/P.358)]; it is also narrated from some Maliki and Hanafi scholars.
 
Abu Dawud included a chapter in his Sunan titled "Chapter: Offering the Sacrifice on Behalf of the Deceased," in which he narrated from Hanash, who said: "I saw Ali (may Allah be pleased with him) sacrificing two rams. I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace be upon him) enjoined me to sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace be upon him) said: "O Allah, this is from You and for You, on behalf of Muhammad and his Ummah; in the name of Allah, and Allah is the Greatest," then he slaughtered it. It is well known that among the Ummah of Muhammad (peace be upon him) are those who have passed away, yet he (peace be upon him) dedicated it to his entire Ummah.
 
Furthermore, multiple Sharia texts have consistently indicated that the rewards of righteous deeds reach the deceased. This includes the permissibility of fasting on behalf of the deceased if they died owing fasts, as well as the permissibility of performing Hajj on their behalf, both of which are established in authentic Hadiths. Since the rewards for fasting—a physical act of worship—and Hajj—a physical and financial act of worship—reach the deceased, then the sacrifice (Udhiyah) is even more likely to reach them.
 
Moreover, the scholars have reached a consensus (Ijma') that the rewards of charities reach the deceased, and the Udhiyah is a form of charity and falls under its general category. Based on all of this, we hold the view that offering a sacrifice on behalf of the deceased is permissible. And Allah the Almighty knows best.

What is the ruling on the ablution of one from whom blood exits from his nose or a wound?

Blood flowing from a wound or a nosebleed does not invalidate ablution. However, performing ablution is recommended to avoid scholarly disagreement with those who make ablution obligatory after blood flows. And Allah the Almighty knows best.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

What is the ruling if hemorrhoid blood exits after completing ablution?

If this blood is exiting from outside the anus (due to the hemorrhoid protruding), it does not invalidate ablution, because blood exiting from the body from other than the two orifices does not invalidate ablution. If it exits from the anus (meaning from inside it), it invalidates ablution, and one must perform istinja' from it, wash the area of impurity, and repeat the ablution.
However, if this blood exits continuously such that no time remains sufficient for purification and prayer without it flowing, then it takes the ruling of urinary incontinence (sals al-bawl). One then cleanses from it after the time for each prayer enters, performs ablution immediately thereafter, and performs the obligatory prayer immediately. There is no liability upon him after that if something of it flows, and he may pray as many voluntary prayers as he wishes. If he wants to pray another obligatory prayer, he must cleanse himself and perform ablution. And Allah the Almighty knows best.