The Obligations of Saey

The following are mandatory in Saey

1. Niyah (Intention)

To declare the intention for Saey is mandatory, and it must be declared at the start of the Saey with the intention of seeking nearness to Allah Almighty. It is preferable to verbally utter the niyyah as follows: “I perform the Saey between the Al-Safa and the Al-Marwah seven rounds for the Tamattu‘ Umrah seeking nearness to Allah Almighty”.

2. Starting the Saey from the Al-Safa

It is mandatory to start the Saey from the Al-Safa, and for this it is not mandatory to step on the rocks of the mount.

3. Finishing the Saey at the Al-Marwah

It is mandatory to finish the Saey at Al-Marwah, and for this it is not mandatory to touch one’s toes to the rocks of the mount of Al-Marwah.

If he contradicted this and began [the Saey] at Al-Marwah, even by oversight, his Saey is invalidated and as a precaution he should perform a new Saey.

4. The number of rounds

It is obligatory to cover the distance between the mounts of Al-Safa and Al-Marwah seven times with nothing more or less. Thus there will be four journeys from Al-Safa to Al-Marwah and three journeys from Al-Marwah to Al-Safa, all together seven rounds.

5. The normally accepted route

·         It is mandatory to go through the route that is normally accepted, thus if he deviated from the route by entering the Mosque and leaving it to re-enter the route of the Saey again, or if he left the route of the Saey to go to the shops and come back to the route of the Saey again, that [excursion] would not be accepted [as part of the Saey]. However, it is permissible to drink water from the designated areas en route.

·         There is no objection to performing the Saey on the first floor or the roof – the second floor – if one opted to do so.

6. Facing the destination

In the course of performing the Saey, it is mandatory to be facing the destination, and therefore if he was heading for the mount of Al-Marwah he should be facing Al-Marwah, and if he departed Al-Marwah, heading for Al-Safa, he should be facing Al-Safa. It is not permitted to walk backwards or sideways. There is no objection, however, to turn the head to the left or right, or even to the back, so long as the body is in the direction of the journey of the Saey. While standing, there is no objection to turning the whole body even if that constitute turning one’s back to the destination direction, similarly there is no objection if one deviated to the right when coming down from the Al-Safa.

7. Animals or other things used must be legal

It is not permitted to perform the Saey on an animal that is usurped and such like. In fact this is applicable to clothing or slippers worn by the person. Furthermore, as a precaution, it is also not permitted to even carry anything that is usurped.

Staying in Arafat (Woquf)

·         The second rite of the Hajj is Stay in Arafat. It is obligatory for the Hajj (pilgrim) to observe Stay [being preset] in Arafat, in that he is present there all the time from midday or noontime until sunset. This does not mean that he should stand on his feet.

·         It is obligatory to observe the Stay in Arafat itself, for it is not sufficient to observe the Stay in Namirah, or other areas in the vicinity of Arafat. Arafat has known borders with clear visible signs stating “The Start of Arafat” and “The End of Arafat”, and therefore one may not breach those borders.

·         The element, or principal element of the stay is the extent that can be called as stay, which literally means “being present there”30, and the time that exceeds the element is obligatory, and it is not permitted to abandon the excess time. BUT if one [deliberately] abandons the element – the basic stay itself until time of the Designated stay has lapsed, until sunset, his Hajj is invalidated, and neither the Emergency stay [in Arafat] nor that in Mash‘ar would be of any use to him.

·         The Emergency Stay in Arafat is from the time of sunset [on the ninth day] until the time of Fajr on the day of Eid [the tenth day].

·         If one forgets to observe the stay in Arafat [on time], it is obligatory for him to do so in the Designated time if it was possible, failing that, he should observe the Emergency stay, and then observe the stay in the Mash‘ar and his Hajj is valid.

·         As mentioned previously, it is obligatory [for the pilgrim] to observe the stay in Arafat [during the entire period] from midday noontime / midday until sunset. If, due to deliberate failure, one did not observe the stay on time, [i.e. not from precisely noontime, but from later on], he has sinned but his Hajj is correct and he is not liable [to do or give] anything. However, if this was due to an oversight or another excuse, he has not sinned, and his Hajj is correct too.

·         If one did not observe the stay in Arafat up to the end of the required time, i.e. he deliberately left Arafat before sunset, if he repented and returned before sunset, he is not liable to a penalty, and if he does not repent and does not return, he is liable to a penalty of a camel. If he could not afford a camel, he must fast 18 days continually with no interruption between those days. The fast can be in Mecca, en route back to his hometown or when at home.

·         If due to oversight one departed [Arafat] before sunset and did not realize this during the time [before sunset] he is not liable to anything. If he realized the oversight before sunset, it is obligatory for him to return to Arafat, and to remain there until sunset. If he dos not do so and does not return, he has sinned and the ruling of his case is similar to the one who deliberately left Arafat. The ruling of the one who does so out of ignorance is the same as that who had forgotten, even if his ignorance being due to him being moqassir.

·         The Designated stay for Arafat – as mentioned before – is from midday to sunset, and the Emergency Stay is from sunset to fajr. The latter is qualifying for anyone who forgot to observe the stay in Arafat, or was excused due to any other reason. However, in the case of the Emergency Stay it is not obligatory to observe it completely and entirely31 as it is required in the case of the Designated stay. The obligation in this [Emergency Stay] is the extent that can be called as “being present there”. However, the Emergency Stay is a substitute for the Designated stay as far as the obligation of observing the entire period is concerned, if it was possible to do so. This is provided this would not detract him from [the stay] in the Mash‘ar before sunrise.

·         If one observed the Emergency Stay [in Arafat], and it was not possible for him to observe the stay in the Mash‘ar before sunrise, his Hajj is invalidated by deliberately failing to observe the stay in the Mash‘ar. Therefore it is obligatory for him, if it was possible, to ensure that he observes the stay in the Mash‘ar, by observing the Emergency stay in Arafat, and then come to the Mash‘ar. If that was not possible, he should limit [his stay] to observing the stay in the Mash‘ar [only], and [go on] to complete his Hajj. Similarly, if he missed observing the stay in Arafat completely due to forgetting, oversight or any other reason, and he did not remember it until after the elapse of the stay time, but it was possible for him to observe the Stay in the Mash‘ar in the Designated time, his stay in the Mash‘ar is qualifying and his Hajj is valid.

·         The above ruling concerning the one who had forgotten applies to the qaasir ignorant, but as for the moqassir, the ruling in this case is inconclusive [i.e. no fatwa is given in the validity or invalidity of the Hajj].

·         If the judge or mufti of the non-Shi’a announced the day of Arafat and the day of Eid, and one is not sure of the invalidity of the announcement, or if one was sure of the invalidity of the announcement but was confined to comply with that, then it is permissible for him to follow accordingly for the two stay’s, and the Hajj is valid and he does not need to repeat.

Throwing Stones (Ramy) at Jamarat

·         The thirteenth rite of the Hajj is the stoning of the Jamarat in the Days of Tashreeq. It is obligatory to perform the Stoning – stoning – of the three Jamarat – Obelisks – on the days of 11th and 12th, and also on the day of the 13th if he observed the stay in Mina that evening. The three Jamarat are the Sughra [Lesser], the Wusta [Middle], and the Kubra [Greater] ones.

·         It is obligatory to Stoning (stone) each of the three Jamarat with seven stones, as mentioned earlier in the section of the Stoning on the Day of Eid.

·         It is obligatory to comply with the order of Stoning or stoning the Jamarat;

o   First to stone Lesser Jamara, which is the closest Jamara to Mina,

o   Then the Middle Jamara, which is the one after,

o   Then Jamarat-ul-Aqabah also known as Kubra or the Greater, which is the one stoned on the day of Eid, last of the Jamarat to be stoned.

·         If one stoned the Jamarat without adhering to the order mentioned, say if he started with Jamarat-ul-Aqabah or the Wusta, he should repeat the Stoning adhering to the order mentioned.

·         The time for performing the stoning of the Jamarat is from sunrise to sunset, which is the Designated time. It is permissible for the excused to perform the stoning during the nighttime under emergency circumstances, like women, the sick, the shepherd, the log collector, and the fearing (who can perform the stoning during the night instead of day). If the excused cannot perform the stoning on every night, then he can do so by performing the rites of the three nights in one night.

·         If one performed the stoning of the Sughra Jamara for four times or more and then, due to oversight, proceeded to the next Jamara to perform the stoning seven times, it is satisfactory to amend for the missing throws. However, if he stoned [the Sughra Jamara] three times or less, he must repeat the stoning of the Sughra Jamara and then repeat the stoning of the one after it. If the deficiency concerned the third Jamara (al-Aqabah) he should throw to make up for the shortfall only.

·         If one stoned the Sughra Jamara, which is stoned first, four times or more, and stoned the second and the third Jamara seven times [each], it is sufficient for him to make up for the missing throws of the first Jamara, without the need to return to the second and the third [Jamara]. However, if he had stoned [the first] less than four times, it is obligatory for him to repeat [the stoning] of the three Jamarat in [correct] order.

·         If he stoned the Sughra Jamara seven times, then [stoned] the second [Jamara] three times, and then [stoned] the third [Jamara] seven times, he must repeat the stoning of the second and the third Jamara seven times each, and he does not need to repeat [the stoning of] the first. If he stoned the second four times, but the first and third seven times each, it is sufficient for him to make up for the missing throws of the second Jamara only. However, as a mostahab precaution, in all cases one should repeat [the stoning of] all three Jamarat if the order and continuity was breached.

AFTER HAJJ

Firstly, the honesty should remain the same despite after the performance of Hajj. There should be no display or disclosure of fashion and expensive luxuries. A pilgrim must not be in a desire to be called as Haji. People have a habit to disclose their pilgrimage frequently in order to recognize themselves as Haji. This is a trickery from Iblis who damages all the efforts done during in order to please Almighty Allah. Pilgrims are advised to be cautious about not displaying or disclosing unnecessary show of their pilgrimage to Mecca as it may tends to the meaning of riyaa (show, insincerity). However, for the purpose of information to others a pilgrim can describe his experience which may help others to plan their trip to Mecca for the purpose of Hajj & Umrah.

Secondly, it has been came into notice that, that pilgrims from all over the world return home with only the sad memories to reveal, and  this negativity is being mentioned rigorously to the extent that they talk only about the hardships they have encountered during Hajj. Therefore, the pilgrims should strictly refrain from these activities as it only portrays the bad experience they have while performing their pilgrimage. On the other hand, pilgrims should communicated good deeds such as about the greatness of the sacred places, the spiritual gains, the enjoyment in devotions of Haramayn – Umrah, tawaf and salam on the Sacred Grave, prayers performed in Al Kaabah and Prophet (S.A.W) mosque, etc. If a pilgrim evaluate his pilgrimage to Mecca during Hajj or Umrah he will conclude that the spiritual benefits that he will have in a long run and after life will outweighs the physical hardships. The time spend in these sacred places and in hardships are incomparable with anything in the world. Due to the long voyage and hardships of Hajj and Umrah, difficulty may arise. Despite the fact that 2-3 million pilgrims perform the rituals of Hajj at one time the difficulties encountered are still immaterial. Furthermore, the pilgrims are awarded enormously by Allah upon every difficulty he faced while performing the journey, whereas, the same is not the case at the same time as we undertake other journeys.  Due to these people who communicate the hardships only to the others become the cause of discouragement to others who have not yet had the chance to execute Hajj. These pilgrims who only spread bad experience about Hajj & Umrah fall into the category.... and who stop (men) from the way of Allah, and from the Sacred Masjid, (Soorah Hajj). These pilgrims must be paying attention  to that if people are discouraged by their exchange of dialogue and postpone their Hajj, then those who have discouraged them will be equally responsible.

Thirdly, if the Hajj is accepted by Allah (SWT), also know as ‘Mabroor Hajj’ or ‘accepted Hajj’ then the life of a pilgrim changes from worst to good. He adopts all the saying of Allah (SWT) and gets totally punctual in fulfilling the commands of Allah. His affection and preference towards the afterlife increases and love for the world and his desired decline. Therefore, it is necessary that the pilgrim should attempt to fulfill the duties laid down by Allah and avoid all the things forbidden by Him.

The Rulings of the Masdood (The Person Barred from Performing Hajj & Umrah)

·         The Masdood is he who is barred [from performing the Hajj or Umrah], after declaring and assuming the ihram, regardless of whether this barring was at the two woquf’s (Arafat and the Mash‘ar), if his ihram was only for the Hajj, or he was barred from entering Mecca to perform the tawaf and saey when he was in state of ihram for Umrah, and thus not being able to perform the tawaf and saey until their time had ran out. In that case he should release himself from the ihram by Had’y, i.e. by slaughtering the animal, at the place he was barred [from proceeding further on].

·         It is permissible for the Masdood to slaughter the animal before the day of Eid, and as a precaution, one should also perform the halq –shaving – on the same day too.

·         It is permitted for the Masdood to remain in his ihram, and release himself from it by performing the Mufradah Umrah, which is by performing the tawaf around the Ka‘bah, then the prayer of the tawaf by the Maqaam or behind it, then the saey between Safa and Marwah, then the taqseer, then Tawaf al-Nisa’, and then its prayer by the Maqaam or behind it.

·         The Masdood has discharged his duty to the Hajj if he acted accordingly, as mentioned above, unless he had become mostatee‘ – liable to performing the Hajj in the previous year or before it [by meeting all the criteria required for the Hajj], or if he continued to meet those criteria in the next year(s).

·         If he managed to observe the two woquf’s (Arafat and Mash‘ar) but from there he was barred from performing the rites of Mina – the Ram’y [stoning], the Had’y (slaughtering), and the Shaving/Trimming – if he was barred from entering Mecca and performing its rites too throughout the month of Dhil-Hejjah, the previous ruling applies to him.

·         If the barring covered the rites of Mina only, and it was possible for him to perform them by proxy, it is obligatory for him to do so, i.e. to arrange for someone to perform those rites – stoning, slaughtering, shaving – on his behalf. On the completion of those acts, he is released from his ihram, and he then should perform the rest of the rites. If he could not do them by proxy, and he was not able to find an agent to do them for him on his behalf, as a precaution he should slaughter his animal, and remain in his ihram until he can be released [from it] by the Mufradah Umrah.

·         If he completed the rites of Mecca, which are the tawaf and its prayer, the saey, Tawaf al-Nisa and its prayer, but was then barred from returning to Mina for the mabeet there for the Nights of Tashreeq, and for the Ram’y of the Jamaraat during their days, he is obliged to perform the Ram’y by proxy, and he could engage in acts of worship in Mecca during the nights of the mabeet in Mina, if possible. Otherwise, as a precaution, he should give a penalty for not observing the mabeet in Mina. If it was not possible to perform the Ram’y by proxy in that year, he should do so in the following year, and his Hajj is correct.