Professional Documents
Culture Documents
By Abidah
Who is hajj compulsory on?
● free
● Muslim
● healthy
● safe route
● able to afford provisions for himself and people under his dependence
● sane person
● Women need a mahram
what are the Jinayat of ihraam during hajj and appropriate sacrifice/charity:
● applies perfume more than a complete limb > sacrifice is due other than that if less than a limb
then sadaqa is due
● wears sewn garments or cover his head for a whole day > sacrifice of an animal is due but if less
than that, charity is due from him
● shaves a more than a quarter of his head (¼) them sacrifice is due from him but if less than that
then charity is due
● if someone shaves the cupping area of the neck then the sacrifice of an animal is due according
to Abu Hanifah but Abu Yusuf and Muhammad said that sadaqa is due from him.
● someone clipping the fingernails of both hands and the toenails of both feet the sacrifice of an
animal is due from him and if he clips the fingernails of one hand and the toenails of one foot
then sacrifice of an animal is due.
● if he clips less than 5 different nails from his hands or feet then charity is due on him according
to Abu Hanifa and Abu Yusuf but Muhammad said that sacrifice is due from him.
● if he does the above with valid excuse then he is given a choice: (1) he may slaughter sheep or
goat (2) he may give charity to six needy persons of three sa of food (3) he may fast for three
days
What are the Jinayat of Conjugal relations during hajj and appropriate sacrifice/charity:
● if someone kisses his wife or fondles her with desire then the sacrifice of an animal is due to him
whether he ejaculates or not
● whoever has intercourse in either of the passages before the standing of Arafat his hajj is
invalidated and a sheep or goat is due from him - must continue the remainder of the hajj as a
validated person would
● he doesn't need to separate from his wife when he performs the hajj as Qaeda
● whoever has intercourse after standing at Arafat his hajj is not invalid but a camel is due from
him. whoever had intercourse after shaving a sheep or goat is due for him
Quduri Revision:
● whoever has intercourse during umrah before he has done tawaf (minimum of 4 circuits) has
invalidated it but he should continue with it as normal and then perform Qada then a sheep or
goat is due for him and his umrah is not invalidated
● whoever has intercourse out of forgetfulness has the same legal rules ruling as someone who
does it intentionally.
What are the Jinayat of Impurities during hajj and appropriate sacrifice/charity?
● Whoever performs the tawaf al-qadum in a state of minor ritual impurity then charity is due
from him, and if he was in a state of major ritual impurity then a sheep or goat is due from him
● If someone performs the tawaf ziyarah in a state of minor ritual impurity, a sheep or goat is due
from him, and if he is in a state of major ritual impurity, then a camel (bandana) is due from
him. He should repeat the circumambulation as long as he is in Makkah, and no slaughter is due
upon him.
● Whoever performs the tawaf al-Sadr in a state of minor ritual impurity, charity is due from him,
and if he is in a state of major ritual impurity, then a sheep or goat is due from him
What are the sacrifices that need to be made when there is a shortcoming in hajj?
● If someone omits three circuits or less than that from the tawaf ziyarah, a sheep or goat is due
from him, and if he leaves out four circuits or more, he remains in ihram forever until he
performs their circumambulation
● Whoever omits less than or three circuits from the tawaf al-Sadr, charity is due from him, and if
he omits the tawaf al-Sadr as a whole or more than four circuits from it, then a sheep or goat is
due from him
● Whoever omits the sa‘y between Safa and Marwah, then a sheep or goat is due from him, and
his hajj is complete
● Whoever moves out of ‘Arafat before the Imam, the sacrifice of an animal is due from him.
● Whoever omits the staying at Muzdalifah, the sacrifice of an animal is due from him
● Whoever omits pelting the jamrah for all of the days, the sacrifice of an animal is due from him.
If he omits to pelt any one of these three jamrah, then sadaqa is due from him. If he omits to
pelt the jamarat al-aqabah on the day of sacrifice (nahr), then the sacrifice of an animal is due
from him.
● Whoever delays shaving [the head] until the days of sacrifice have passed, the sacrifice of an
animal is due from him, according to Abu Hanifah, and likewise, if he delays the tawaf ziyarah,
according to Abu Hanifah
From here Is Hadia’s work:
How to perform tawaf Ziyarah: -It is the tawaf of visiting
One comes back from Makkah that day or the day after and doe tawaf 7 times.
Quduri Revision:
If he did Sa’y between Safa and Marwah after tawaf Qudum, he doesn’t need to do Ramal
(jogging)
If he didn’t do Sa’y he does Ramal in tawaf and does Sa’y after it
After it becomes lawful to do intercourse, however, if he delays this for more than 3 days its
disapproved, and has to sacrifice an animal according to Imam Abu Hanifa
HADY (SACRIFICE):
Minimum is a sheep, goat, and it is also of three types: camels, cows, sheep’s and goats.
In all of these cases, a 2-year-old is sufficient but for a lamb 6 months is sufficient.
The offering is not permitted if its ear, tail, hand, foot, or eyesight is damaged and if it can’t
walk to the area where it is getting sacrificed.
Sheep or goat is permitted in every case except, for someone who performed tawaf ziyarah
while junub and someone who had intercourse after standing at Arafat, in these cases the only
thing permissible is a camel.
About cow and camel, it can be portioned between 7 people.
Slaughtering offering voluntarily is not permitted on the day of sacrifice.
Can only give away offerings
When killing camel stab at neck and when killing cow or sheep slaughter at the head.
Preferable to kill offering themselves.
If the camel had milk, then sprinkle with cold water till milk stops then kill.
If a person dies when sacrificing an animal if it was fardh it has to be replaced if it is nafl it
doesn’t
If it suffered a defect then replace and he can do whatever he wants with a defective animal.
If camel dies and it was nafl still slaughter it and feed to needy.
If fardh replace it and does whatever he likes with the dead one.
Conditions of sale:
● A sale is concluded by making an offer and it is accepted by both parties.
● When one contracting party offers a sale then the other has 2 choices, to accept or reject.
● If one of the parties leaves before an offer, the contract is void.
● Once an offer had been made and accepted it can’t be enacted.
● Unspecified prices aren’t valid unless the quantity is known.
● Sale allowed on the spot.
● The currency has to be specified or the sale is void.
● When selling food or seed it is permitted only with a measurement.
Quduri Revision:
● Whoever sells each sheep or flock for dirham it is invalid likewise for a yard of clothes.
● If someone assumes cloth 10 cubits of cloth is for 10 dirhams or one hundred cubits of land is
100 dirhams, the seller has the choice to accept it or not.
● If he finds it to be more then specified the buyer has to return the extra.
● If it’s less the buyer can get his money back or return.
● Whoever sells house its furniture is included and whoever sells land its trees and plants are
included.
● Whoever sells a date tree its fruit is the buyers unless stipulated otherwise by the seller.
● It is not permitted to sell fruit without measurements.
● Permitted to sell wheat is legume.
● Whoever sells house keys are included
● Measures and money checker should be paid wages
● Whoever sells commodity they should take money first.
Khiyar ur ru’yah:
(Purchase subject to examination)
● Whoever buys what he hasn’t seen, its allowed and when he sees it, he can keep or return it.
● Whoever sells what they haven’t seen, is void
● If buyer looks at exterior of something not interior it doesn’t count.
● When selling or buying from a bling person he is allowed to touch, smell or taste the item
before buying, if he’s buying from real estate he doesn’t buy until it described to him.
● If you’re selling something without owner’s permission, the owner has the option to decline or
accept.
● Whoever buys 2 garments but only sees 1, when he sees the second, he has the choice to keep
both or return 1.
● If someone dies whilst having the rights to buy something his choice is void.
Quduri Revision:
● When someone sees something, then buys it after some time and he sees a change he can
return it or keep it.
Khiyar al ayb:
(Option to cancel a sale due to a blemish)
● When a buyer notices a blemish, he has a choice to return it or keep it.
● He is not allowed to keep and take a reduction without permission of the seller.
● A ‘blemish’ in a slave would be: running away, bedwetting or stealing and if these take place
then he can get a reduction.
● When the blemish occurs with the buyer, and later on the seller realises he can return or keep.
● If blemish in lady slave’s armpit there can be a reduction.
● If the seller alters clothes and discovers blemish in clothes, it can be reduced.
● Whoever sets a slave free or slave dies and discovers blemish he can get reduction in price.
● Whoever sells slave and he’s returned due to blemish if first buyer knew about the blemish, he
has to keep slave if not he can return.
Bayu Gharar:
(Invalid transactions)
● When selling haram goods or free people as slaves its invalid.
● Selling a slave who’s pregnant with master’s child.
● Can’t sell uncaught fish in water or birds in air.
● Can’t sell foetus in womb or wool near a sheep’s udder.
● Can’t sell a cubit of fabric, beam of roof, single net of hunter
● Can’t sell ‘stone throwing’
● Can’t sell slave on the condition the buyer; sets free, kills, impregnates
● Or that seller will do services for him, live with him, or rent slave for a dirham.
● Whoever sells property with the condition he won’t submit to buyer till next month is
invalid.
● Can’t sell fabric on condition seller stiches, or sandals on condition seller laces them.
● Can’t sell until Nayroz (Persian new year), the Maharajan (Persian autumn season) or lent
(Christian fating) or Passover (festival of Jews), as you don’t know when it is.
● It’s invalid sale on the harvesting and threshing of crops and the arrival of Hajj pilgrims as its
uncertainty of time, only allowed if time limit is set.
● Invalid when buyer takes hold of object with permission of seller and there’s a condition
that; he gains property of the object and its payment binding upon it, if he sells it then the
sale is executed.
Quduri Revision:
● If you combine a free man and a slave or a dead goat and alive one, or his slave and another
person’s slave in 1 transaction is invalid. (Unless other person accepts money from
transaction)
Abhorrent Transactions:
● Can’t bid over another person’s bid without intention of buying -forbidden by prophet.
● Can’t sell during adhan.
● Whoever buys 2 engaged slaves, he has to keep them together or its invalid.
MURABAHA WA TAWLIYAH:
(Profit based and profitless)
Murabaha= transferral of what one gained ownership of in an initial contract with the initial price, plus
the addition of profit
Tawliyah= the transferral of what one gained ownership on the first contract with the first price, but
without the addition profit.