Islamic Laws of Rituals.pptx

Presented By
Iqra Naz
Mahnoor Abrar
Ayesha Bibi
Madiha Nasim
Zehra Batool
Khadija
Nayyab Mousada Khan
Iqra Riaz Ahmed
Abqa Maarib
Mishal Idress
Farheen Bahadur
255-FSL/LLB5Y/S21
233-FSL/LLB5Y/S21
256-FSL/LLB5Y/S21
262-FSL/LLB5Y/S21
260-FSL/LLB5Y/S21
261-FSL/LLB5Y/S21
258-FSL/LLB5Y/S21
257-FSL/LLB5Y/S21
263-FSL/LLB5Y/S21
265-FSL/LLB5Y/S21
264-FSL/LLB5Y/S21

PILGRIMAGE TO MECCA
Discussion is based on three categories:-
1st Category : It comprises things that form the Preliminaries of this
Worship, and whose identification is necessary for practicing this worship.
2nd Category : This category deal things that constitute the Elements.
3rd Category : This Category is about things that relates to associated
matters, and these are Ahkam for the acts.

First Category
This category based on two things:
1. The Identification of the Obligations and conditions.
2. The person for whom it is Obligatory.
Two kinds of conditions of obligation:
1. Condition of Validity.
2. Condition of Obligation.

Agreement
of Jurist’s
Supporting
Evidence
• There is no dispute among its
obligation.
Disagreement
of Jurist’s
• Dispute about its Validity when
Performed by the Minor (Sabi).
• Allah Almighty Said, "And pilgrimage to the
house is a duty unto Allah for mankind, for
him who can find a way thither”.

Opinion of Jurist’s:
Three opinions on its “Validity” when performed by Minor:
Imam Malik
& Al-Shafi
• They maintained that it is permissible.
Imam Abu
Hanifa
• He Prohibited it.
Malik’s
Disciples
• They differed about the validity of its
performance of behalf of an infant.

Supporting Evidence:
• Well known Tradition of Ibn e Abbas which is recorded by
Al-Bukhari and Muslim.
Reason of disagreement:
• Disagreements stem from the conflict of a tradition with principles.
• Those who permitted on the basis of tradition of Ibn Abbas.
• Those who disallowed this relied on the principle that worship is not
valid if performed by one lacking discretion.

The Condition for Obligation being a Muslim:
There is no dispute among the Jurist’s about the Stipulation
of Ability (Both physical and financial).
There is disagreement over the details of this Ability.
It is considered to be of two kinds.
• Direct.
• Delegated.

Kinds of Abilities:
In direct Ability:
Opinions of Jurist’s:
Al-Shafi, Imam
Abu Hanifa &
Ahmad, Ibn-e-
Abbas & Umar
ibn-al- Khattab
• Held that condition for these are food
provision and Availability of
transportation.
Imam Malik
• He said that, for the person who is able to
walk the availability of riding animal is
not a condition of obligation and
pilgrimage is obligatory for him.

• Tradition from the Holy Prophet (PBUH).
• Disagreement arises from the conflicts between the tradition.
• It is laid down for the elaboration of ability and the general implication of its
words.
• Imam Abu Hanifa and Al-Shafi apply it to everybody.
• While Imam Malik apply to a person who is not able to walk and also did not
have strength to eke out a living on the way.

Ability by Delegation:
Imam Malik
& Imam Abu
Hanifa:
• Maintain that Delegation is not
Binding.
Imam Al-
Shafi
• Maintain that it is binding.

Supporting Evidences:
• Well known tradition of Ibn-Abbas recorded by (Al-Bukhari and
Muslim).
• In case of dead person there is a tradition that was recorded by Al-
Bukhari & also from Ibn Abbas.
• Disagreement arises from the conflict of Analogy with a tradition.
• Analogy dictates that acts of worship can not be performed by one person
on behalf of another by delegation.

Perform Hajj for “Someone else”
They disagreed about the person who performs Hajj for someone else,
who may be living or dead.
Imam Malik
• If a person performed the obligation for
himself that would be better, for the person
who performed hajj on the behalf of dead
person.
Al-Shafi &
Imam
• It is the condition that he should have
performed the obligation for himself.
Imam Abu
Hanifa
• if a person, who had not performed hajj for
himself, did perform hajj for another it
would be converted to a personal
performance.

Supporting Evidence & Reason of disagreement:
• The reliance of these Jurist’s is upon the tradition Ibn-
Abbas.
• The group of jurist’s objected to this tradition as it was
narrated as “Mawaquf” up to Ibn-Abbas did not
contain the name of the companion.

Offering wage to perform Hajj for “Someone else”
Jurist’s also differed, about a person who offers himself for a wage to perform Hajj
on behalf of someone else.
Malik &
Al-Shafi
• Disapproved this but if it is happen
it is permissible.
Imam Abu
Hanifa
• Do not permit it.

• Purpose to seek nearness of Allah Almighty, and wages are not
Allowed for that.
• Group who permissible of earning wages for writing the mushaf
and construction of the mosques, which is also a way of seeking
nearness of Allah Almighty.

“Time” when pilgrimage become obligatory
Jurist’s disagreed whether the command necessities
immediate or delayed.
Malik & his
Disciples.
• The apparent opinion of the later jurist’s
of his school is that it is delayed but his
disciples from Baghdad said it is
Immediate.
Imam Abu
Hanifa
• Held the opinion that it is Immediate.
Imam
Al-Shafi
• Held that it is spread out over a period of
time.

• The reliance of those who say that it spreads over a out over a
period of time.
• The reliance of those who say that it spreads over a span of time (is
not immediate) is that Hajj became obligatory years before when
Prophet (PBUH) performed Hajj.
• If it is required immediate compliance the Prophet (PBUH) would
not have delayed the performance of his Hajj. If he had done so,
because of an excuse he would have explained.

Obligation of Hajj for woman without his Mahram
Malik &
Al-Shafi
• Said that this is one alternative
condition for the obligation.
Imam Abu
Hanifa,
Ahmed &
Majority
• Said that availability of a willing
husband or a mahram is a
condition for the obligation.

Supporting Evidence & Reason of disagreement:
• Established from the Prophet (PBUH) through Abu Sa’id Al-
khudri, Abu Hurayra, Ibn Abbas and Umer.
• Reason for disagreement arises from the conflict of the
command for hajj and of taking up for it with the proscription
about a woman travelling alone without her Mahram.

Obligation of “Umrah”?
Al-Shafi,
Ahmed &
group of
Jurist’s
• Held the opinion that it is
obligatory.
Malik &
group of
Jurist’s
• Held the opinion that it is Sunnah.
Imam Abu
Hanifa
• Said that it is Voluntary.

• Quranic Verse.
• Tradition of Ibn Umar and the tradition of Al-Hajjaj ibn Arta from
Muhammad Ibn Al-Munkadir from Jabir ibn Abd Allah.
• Tradition of Abu Salih Al-Hanafi.
• The reason for the disagreement stems thus from the conflicts of traditions
on the subjects, and the vacillation of the command requiring completion
between whether or not gives rise to an obligation.

SECOND CATEGORY
“Elements of Pilgrimage”

In this chapter we will discuss about time , location and acts.
Kinds Of Hajj:
(to start with
hajj and
perform
umrah
afterwards)
1.Ifrad
(to start with
umrah then
wait for start of
hajj , enjoying
the act
prohibited
during hajj)
2.
Tamattu
(to
combine
both hajj
and
umrah)
3.QIRAN
Chapter 1:

DISCUSSION OF THE CONDITION FOR “IHRAM”
• The first condition for Ihram is that of location and time.
• Location: for hajj is called as Muwaqit
• Jurist agreed that muwaqit are where intention to start the hajj
as well as wearing hajj attire
• Location for people of Medina (DHU AL –HULAYFA)
• Location for people of Syria (AL JUHFA)
• Location for people of Najd (Qarn)
• Location for people of Yemen (YALAMLAM)

said if they adopt
ihram at AL
AQIQ is
preferable.
Imam
Shafi &
Al thwari Said if they
adopt ihram at
Dhat Irq.
Majority

• All this is established from Messenger of Allah
(PBUH) in tradition of IBN UMAR and others.
• UMAR IBN AL KHATAB.

Missing any act:
1. Majority : (the person who misses these points though he has in
mind to go through Ihram and does after crossing them is liable for
atonement by slaughter of animal (dam)
2.Imam Shafi: if he returns to miqat and perform ihram there
liability for atonement is dropped
3.Imam Malik: liability for atonement is not dropped if he returns.
4 . Another group: said if he did not return to miqat , his hajj
become invalid, he should return and begin the rites of umrah.

Residence (nearer mecca)
Majority:
Miqat for his
ihram is his
residence.
Shafi Abu hanifa
and thawri:
it is better for
person to start
from miqat in
their case is an
exemption.
Malik ishaq
and ahmad :
start from
muwaqit is
better.
zahrities :
not permitted
to commence
ihram from
other than
Miqat.

• Sunnah established by messenger of Allah
(PBUH) is therefore better.
• Ibn umar, ibn Masud and others.

Residence (Medina):
Person who did not commence ihram from the resident of
medina and start from AL JUHFA (Syria).
he will be liable
for atonement.
Imam Malik
And His
Disciples
he will not be Liable
for atonement.
Abu
Hanifa

REASON OF DISAGREEMENT:
• Whether it is one of the rites the relinquishment of
which make a person liable for atonement.

PASS BY LOCATION:
(NOT PERFORMING HAJJ)
binding for them to
adopt ihram except
woodcutter or
similar person.
Imam
Malik no binding except
person intend to
perform hajj or
Umrah , person not
resident of Mecca
Another
group of
Jurist’s

RESIDENT OF MECCA:
• The resident of Mecca adopt ihram in case of hajj.
• In case of Umrah they go outside the boundaries of haram
that is necessary.
TIME:
• Sight new moon of dhul hajj pilgrims moves toward Mina
on 8th of dhul hajj.

Chapter 2:
DISCUSSION OF MIQAT OF THE TIME:
Miqat for the time is also determined of three
types of hajj.
1. Shawwal
2. DHU AL QADA
3. FIRST NINE DAYS OF DHU AL HAJJA

IMAM MALIK
(three month) IMAM SHAFI
(two first month
and first nine days
of Dhul hajj)
IMAM ABU
HANIFA
(two month plus
ten days of Dhul
hajja)

• In the word of Exalted, “THE PILGIMAGE IS
(IN) WELL KNOWN MONTH”(QURAN
2:197 )
• The evidence of second group is termination of
the ritual state of ihram before compilation of
three months.

COMMENCE IHRAM BEFORE MONTHS
OF HAJJ:
Imam Malik
disapprove
commencing of ihram
before hajj but such
commencing is valid
in his view
Imam shafi
His ihram is to be
converted to
ummrah
Abu hanifa
Did not allow to
commence at any
other time
Evidence:
Complete the performance of pilgrimage and Ummrah for Allah.

TIME TO PERFORM UMRAH:
• Jurist’s agreed that umrah is permissible at any time of the year ,
except the day of HAJJ.
• Abu hanifa said it is allow to perform Umrah except day of Arafa
, day of sacrifice , day of tashriq.

Chapter 3:
Section 1: This section covers the discussion of the Act to be
Avoided in the ritual state of ihram.
Clothing
Perfume
Marriage
Removal of
Dirt, Cutting
of Nails
Sexual
intercourse

Clothing
Kinds of cloth to wear:
Not allowed to wear such thing as laid down in the
tradition given.
Imam Shafi
and Others
Allowed in the condition if one can not find loin-
cloths.
Supporting Evidence::
• From Abdullah ibn e Umer

Reason Of Disagreement:
The other groups relays on the tradition of ibn e Abas “Trousers are for those
who does not find a loin cloth and shoes for on who cannot find sandals
Their opinion differ because according to Maliki’s Prophet Muhammad
would have given Exemption in this matter as he did in the case of shoes.

Wearing Of Shoes (cut down):
agree and permit to wear shoes which are cut down if
a person does not find sandals.
does not allow atonements.
• They contradict on the tradition of Ata “in cutting them down there is
waste and Allah does not like waste.
Wearing Cloths dyed with Wars and Saffron:
It is allowed to wear dyed cloths because there is
no perfume in it.
Did not allow

• Malik has recorded form Ali.
Perfume:
All Jurists Agree not to wear Perfume
Disagreement occur on permissibility on whether the person can wear it or
not if he is about to form(state of) Ihram.
Disapproved
Allowed

Reason of Disagreement:
• 1st Group reliance on the tradition from Salwa aby Yala.
• 2nd Group reliance on the tradition of Hazrat Ayesha.
Sexual Intercourse:
All Jurists Agree on the prohibition of this act.
The words of exalted, "There is (to be) no lewdness nor abuse nor angry
conversation on the pilgrimage.
Removel the dirt, Cutting Hair, killing lies:
All Jurist’s Agree on the all other act except washing of head.
Allowed
Not
Allowed
Maliki’s reliance on the fact that Abdullah Ibn e Umer did not wash head in the
state of ihram’.

Hunting:
• All Jurists Agreed not to hunt and not to eat hunt meal.
• Evidence:
• Words of Exalted, "To hunt on land is forbidden you as long As you are n the
ritual state of ihram’
• They Disagreed on the situation whether a person can hunt or eat hunt meal if
he is not in the state of ihram.
Permitted
(Prohibited)under All Circumstances
As long as it has not been hunting for Muhrim it is
Permitted

Marriage:
(Not Allow, Marriage is void.
Abu Hanifa Nad Thawri b (Allowed)
Traditions:
1. Uthman ibn e Affan (not Allowed)
2. 2. Ib ne Abbas (Allowed)

Chapter 4:
Discussion Of the Rites of Pilgrimage:
There are three types of Hajj.
Hajj Tamattu-----performing Umrah then Hajj.
Hajj Ifrad----- Performing Hajj Only
Hajj Qiran-----performing umrah and hajj together.

Discussion Of Tamattu:
All jurist agree that this is the kind of rite.
Who is eligible for being Mutammati?
According to Al Hassan the Ummrah during the days of Hajj amounts
to Tamattu
The jurists Agree the person who is not residing in the vicinity of
Masjid al haram is eligible for being Mutammati.
According to Tawus the person who performs Ummrah before the month of Hajj
and then stays in Mecca till the Hajj and performs it in the same year is
considerd as Mutammatu
Al Thawri said they are the residents of Mecca Alone.
Zahiries said they are those whoi live in the boundries of Haram
According to Abu Hanifa the residents of Muwaqit and Mecca can also
be called mutammati.

There are two other kinds of tamattu:
1.Conversion of
Haj into Ummrah
-Majority jurists
Disapproved this.
-Ibn e Abbas
permitted it
Evidences: Prophet
Muhammad
Allowed it.
1.Conversion
of Haj into
Ummrah
-Majority jurists
Disapproved this.
-Ibn e Abbas
permitted it
Evidences: Prophet
Muhammad
Allowed it.

Conditions of Tamattu, According to Malikï’s View
Should perform Hajj and Umrah in the single month.
Should occur in the same year.
Should perform part of the umrah in hajj months.
Should perform the Ummrah before the hajj.
Should commence the hajj after completing Umrah.
Place of resident should be other than Mecca.

Discussion Of Qiran:
Qarin is the pronouncing of the Ihram(Intention) For Performing the Hajj
and the Umrah together.
.
•
According to Malik a person can combine Hajj and Ummrah (Qiran) as long as he has
not commenced a single circuit.it is considered disapproved after the circumambulation
and before the id tawaf prayer. If he does so it becomes binding upon him.
•
• (Ifrad):
• Ifrad is a Kind of Hajj that is devoid of these attributes and this is performed
by the person who is not Mutammati nor Qarin.
• One begins by pronouncing the Ihram (intention) only for Hajj.

Chapter. 5
Discussion of the Ihram:
Issue no 1— Bathing before commencing Ihram:
Majority
Jurists
Abu-Hanifa
,Thawri
Imam
malik
Imam
Zahiri
 Consider bathing is sunna for ihram.
considered that ablution is sufficient.
Bathing for the ihram has greater significance
then bathing for the Friday prayers.
it is obligatory.
Opinions of the Jurist’s:

Evidence of zahiri school of thought:-
• Mursal report by Malik in the tradition of Asma
• Majority relies on the principle that the original rule is freedom
from liability until an obligation is established by a disprovable
command.

Issue no 2—Intension:
All jurist agreed that(ritual state of) ihram cannot be assumed without
forming an intention.
Malik &
shafi
Abu
Hanifa
Intension without the talbiya is sufficient
Talbiya in hajj is like the initial takbir in the prayer,
except that any word used as a substitute for the
talbiya are sufficient.
• They disagreed on whether the intension is enough without the
pronouncement of Talbiya.

Issue no 3―words of the talbiya:-
All the jurists agreed on the words of Talbiya of messenger of Allah.
Imam
zahiri
 Talbiya must be in the same words—obligatory.
majority
 All jurist agreed on desirability of the same
words----recommended.
• Narrated by imam Malik from Nafi from Ibn-Umar and from the prophet of Allah
so, it carries highest degree of authenticity
Disagreement:
• Weather the Talbiya should be in these words or it must contain substitute.

Issue no 4—Raising of voice with talbiya;-
What is the hokum for raising of voice with Talbiya?
Zahiries considered obligatory.
Majority considered as desirable/recommended.
Related by imam malik about the saying of holy prophet.
About women’s talbiya:
• All jurist agreed.
• As related by Abu Umar is that she(a women) should be able to hear herself
pronouncing it.

Issue no 5---Talbiya a rukn or condition:
Weather talbiya is an element or just a condition.
Imam
Malik
Majority
He did not consider talbiya to be an element of hajj,
and held that the person who neglects it, will be liable
for atonement by slaughtering a sacrificial animal.
 Majority jurists consider it to be a rukn
Holly prophet says’ Acquire your rites from me(my actions).

Issue no 6---Talbiya after ihram prayers:-
What, if Muhrim recites talbiya after two rak’as of Ihram prayer.
Opinion of the Jurist’s:
Majority
Imam
malik
The jurists consider desirable after two rakas
of ihram prayers.
consider it desirable that it follow the
supererogatory prayers.
• Mursal report; holy prophet use to observe two rak’as at Dhu al-
hulayfa.

Issue no 7---Location of commencing Ihram:
The tradition differ about the location from where holy prophet
commenced the ihram.
1st
group
The tradition that he did so from the area around Dhu
Al-hulaifa.
2nd
group
He did so from the mosque at Dhu Al-Hulaifa after
praying in it.
3rd
group
The Holy prophet adopted ihram when he reached Al-
Bayda.
4rd
group
He pronounced the ihram and talbiya when his mount
rose up with him.
Disagreement:
Ibn-abbas was asked about the disagreement then he said that each has related not
his first talbiya but the one he heard for the first time.

Issue no 8--When(time) muhrim stops pronouncing talbiya;
With respect to time when Muhrim should stop pronouncing the talbiya.
Malik &
companions
Ibn-
shihab
Majority
stop pronouncing talbiya when the sun went down
on the day of arafa.
Abu Bakr, Uthman and Ali use to stop
pronouncing the talbiya after the declining of the
sun on the day of the arafa.
Muhrim is not to stop reciting talbiya until he
throws pebbles at the first pillar at mina.

• The messenger of Allah continue to pronounce talbiya until he
threw pebbles at the Jamar at-ul-Aqaba.
Disagreement:
• They disagreed on the time when he is to discontinue it.so two opinions.
1st
group
2nd
group
A person has to stop talbiya when he has finished
throwing the pebbles.
He is to stop when he throws the first pebble.

Issue no 9---Time to stop talbiya during Umrah:
when to stop pronouncing talbiya while performing umrah.
Malik and
Hanifa
A person has to stop talbiya after reaching haram.
Imam
shafi
 According to him a person should stop talbiya on
commencing circumambulation.
• Malik followed ibn-umar and urwa.
• Al-shafi relay on the argument that the meaning of talbiya is response for returning to
the circumambulation, so it should not be stop till the commencement of the act.
• It stems from the conflict of analogy with the practice of some of the companions.

Issue no 10---conversion of hajj into umrah:
Majority of the jurists agree.
Disagreement:
They disagree about the conversion of umrah into hajj.
Abu thawr said hajj cannot be converted into umrah nor can umrah
be converted into hajj, just as one prayer cannot be converted into
another.

Chapter 6:
Discussion of the circumambulation of the house:
Basically there are four main topics:
SECTION =1:Description of the circumambulation of the house:
Majority of the jurists agreed for circumambulation → obligatory or recommended.
Disagreement:
• On hukum of ramal.
• 1st three circuits
Said that it is Sunnah.
Ibn abbas al-shafi,
Hanifa, Ishaq,
Ahmad and Abu-Thawr
vary on the point
Imam Malik
Imam Malik’s Students

Those who
deem it
Sunnah
Liable to
atonement
Those who did
not consider it
Sunnah
Not impose
any duty

Tradition/evidence:
Traditon of Ibn-Tufail from Ibn-Abbas and also an evidence related by
Imam Malik.
For women there is no Ramal.
1- No Ramal for the person:
Ramal for the person who begins the ihram of Hajj from Mecca.
Agreement
• No Ramal
• Also the person
who are
performing
Tammattu
Disagreement
• On residents of
Mecca weather
they are to adopt
Ramal if they
perform hajj.

Imam shafi
• In each session of
circumambulation
• Before the day of
Arafa
• Followed by sa’y
there is Ramal.
Imam malik
• Consider it
desirable.
Ibn-umar
• Not consider
them
• Weather Ramal was adopted for an underlaying reason or weather it
pertains to travelers.
• Background ---When prophet (PBUH) performed Ramal he had travelled
to Mecca.

2-Salutation—Agreement;
 Jurists agreed that Salutation of the two corners is Sunnah ====For
man, Not for women.
Disagreement:
Whether the salutation was to be made on all corners.
1st Majority
Salutation is made at only two corners.
•Tradition Of Ibn-e-Umer.
•Prophet (PBUH).
•Did not make the salutation except at two corners.

2nd
group
Salutation should be made on all corners .
Reason:
“Tradition (jabir) who said, when we circumambulated we made the
salutation at all corners”
3-Kissing of black stone;
What is the hokum for kissing of black stone.
All Jurists agreed

•Tradition of Umar Ibn .
•Al- khatab .
•Related by Malik.
4-Two rak’as of prayer:
• Two rak’as of prayer is Sunah of circumambulation.
Opinions of Jurist’s
Jurists considered two rak’as of prayer Sunah after
completion of the circuits.
Majority worshipper observes them at the end of each week.
Some predecessors did not made distinction between on the basis of week.
1-No fixed time and day for circumambulation.
2-No fixes rak’as

• Evidence of majority relies upon the action performed by messenger of Allah.
Section=2 discussion of its description:
It include the delineation of its boundary.
• Consider Hijr is part of the house,
and whoever circumambulates the
house is bound to include Hijr in it,
and that is condition for Tawaf al-
Ifada.
Majority of the
Jurist’s
• Consider it Sunnah.
Abu Hanifa
and his disciple

•Evidence of majority is related by Imam Malik from Aisha.
•Evidence for Hanifa is the apparent meaning of verse.
1-Time of its permissibility:
Jurists disagreed about the time of its permissibility.
Disagreement:
According to imam Malik his disciples. Umar Ibn-al-khattab, Abu saaid Al-khudri and
some other jurists permissibility of circumambulation after the morning prayer and Asr,
and its prohibition at the time of sunrise and sunset
Sa’id ibn Jubayr, Mujahid and a group said abomination after morning prayer
and Asr, and its prohibition at sunrise and sunset.
Al-Shafi and a group of jurists permit it at all time.
Evidences:
Based on tradition.

2-Circumambulation without purification:
Without purification a person can perform circumambulation or not.
Disagreement:
• Consider that circumambulation is
not valid without purification.
weather intentionally or due to
forgetfulness.
Imam Malik and
Shafi
Abu Hanifa
Abu-Thawr
Al-Shafi
• Considered valid and repetition
desirable and also liable for
atonement.
•Considered ablution valid if a person is
not aware of it, but invalid if he is aware
of it.
•Stipulates the purification of the dress
of person making circumambulation as
he does for one praying.

•Considered purification necessary relay on a tradition.
•Those who permitted without purification relay on the
consensus of the jurists.
Section. 3: Discussion of its types and their Ahkam:
Jurists agreed that circumambulation is of three types.
1. Circumambulation of greeting (Tawaf al-Qudum) on arrival in Mecca.
2. Tawaf-al-Ifada after throwing pebbles at the first pillar on the day of
sacrifice.
3. The farewell circumambulation(before departure from Mecca).
4. Jurists agreed that Tawaf-al-Ifada is obligatory and without which
circumambulation is lost.

 The evidence of Tawaf-al-Ifadai s the words of exalted.
 Majority jurists consider that Tawalf-al-Qudum is not a valid substitute for
Tawaf-al-Ifada if the pilgrims forget the latter.
Jurists agreed that residents of Mecca is obliged to perform Tawaf-al-Ifada
and the person performing Umrah only obligation is for initial
circumambulation.
They also agreed that the person performing Umrah before hajj is under
obligation to perform two circumambulation, one for each.
Tradition of Hazrat Ayisha.

Disagreement:
Jurist’s disagreed on the qarin.
Imam Malik, Shafi, Ahmed, Jabir,Abd Allah and Abu Thawr maintained that one
circumambulation and one say is sufficient for Qarin.
Al Thawr, Al Awazi, Abu Hanifa and Ibn Abi-Layla maintained that 2
circumambulation and 2 says are obligatory.
Evidences:
•Evidence for the first group is tradition of Aisha.
•Evidence for the second group is tradition from Ibn-Masud.

Chapter:7
Discussion of the Sa’y between Al-safa and Al-Marwa:
ISSUE no.1: Discussion of its Hukm:
Imam Malik,Imam
shafi,Ahmad & ishq
[It is obligatory]
if pilgrim does
not perform it,
hajj still
obligatory (in
next season).
kufis
[It is Sunnah]
returning to
homeland
without
performing ,
(liable to
atonement by
slaughtering an
animal).
Some Jurist’s
(Imam Abu Hanifa)
[Voluntary]
No
obligation
who
relinquish it.

On the basis of Traditions.
evidences Who said obligatory on the basis of report “ that the Prophet(
P.B.U.H) used to perform sa’y and say, ‘perform the sa’y for Allah
has pescribed the sa’y for you’”. Related by al-shafi.
Who said not obligatory, on the words of Exalted, “Lo! (the
mountains) as-Safa and al-Marwa are among the indications of
Allah. It is therefore no sin for him who is on pilgrimage to the
house (of God) or visiteth it, to go around them”.
Majority decided === one of act of hajj, described
as an act of the Prophet(P.B.U.H).

ISSUE no.2: Discussion of its description:
No conflict: Majority jurists Sunnah of sa,y between al-safa and al-
Marwa is that the worshipper having ascended al-safa is to go down its
slope after completing the supplication.
• Walk normal pace until reaches the bottom of masil
• Adopt Ramal (for males) no Ramal for females.
• Coming closer to al-Marwa he ascends it until he see the House.
• Supplication and takbir in same way he said at al-safa.
• Sa’y begins from safa and ends at Marwa.
• It should be completed in 7 rounds.
• If begning from al-Marwa before going to al-Safa journey annulled.

Beginning of sa’y:
1st
Majority jurists
[begins from safa
and ends at Marwa].
2nd
Ata
[doesn’t know begins
at Marwa his act
considered valid].

Tradition:
• Saying of Prophet(P.B.U.H) “We begin with that with which Allah begin, so
we begin with Safa”, and this he meant the words of the Exalted, “Lo! (the
mountains) al-safa and al-Marwa are among the indications of Allah. It is
therefore no sin for him who is on pilgrimage to the house (of God) or
visiteth it, to go around them”.
Time of sa’y:
• No determined opinion about the time on the basis of tradditon of Jabir.
• Tradition: “that the Prophet (P.B.U.H) when he stood al-safa, pronounced
the takbir three times and said, “There is no god but Allah alone, and He
has no partner, His is the dominion and for Him is all praise, and He has
power over all things”.

Issue no.3: Discussion of its conditions:
1st
Majority Jurist’s
Purity from
menstruation is
one of its
condition, as is the
case with the
circumambulation
(tawaf).
2nd
Imam Abu Hanifa
said ablution is
not condition for
sa’y.

• Tradition of Aisha, Prophet(P.B.U.H) said “Do what all
pilgrims do, but do not circumambulate the House and do not
perform the sa’y between al-safa and al-Marwa”.
Issue no. 4: Discussion of its order:
Jurists Agreement [order position]:
•
Sa’y should be performed after the circumambulation.
If Sa’y performed before circumambulation [Disagreement]

• Go back, perform the circumambulation
• even if he has moved out of Mecca.
• If he didn’t realize this, in (umra, hajj), cohabited
with women  obligation for hajj in the next season.
1st Group
• Not liable for anything
Al-Thawri
• leaves Mecca, not obliged to return, but
liable for atonement.
Imam Abu-
Hanifa

Chapter 8:
Moving out to ‘Arafa’
• Moving out on the day of Tarwiya (8th of Dhu al-Hijja) to Mina
staying there the eve of Arafa.
Agreement
Jurists agreed:
• Imam leads the people in prayer at Mina ( zuhr, asr , maghrib and isha)
are curtailed over.
• This act is not a condition for validity of hajj for the person who is
short of time.
• On 9th Dhu al-Hijja when sunrises imam walks with the people from
Mina up to Arafa ==station there.

Chapter 9:
The station at Arafa:
Identification of its hukm and its description and conditions:
 Imam leads the people in prayer Arafa on the day of Arafa
before declining of sun.
 They agreed upon unanimously in the acts of Prophet
(PBUH).
 The sunnah for this is that he should come to the mosque
at Arafa on the day of Arafa along with people.
 As we have said we should combine the zuhr and asr
prayers.

The Jurist’s agreed:
• Hukm of stopping at Arafa that’s essential element
(arkan) of hajj.
Majority Jurist’s:
• was the person who misses this under an obligation
to perform hajj in the next season and to make
sacrifice.

Time to call prayer by Mu’adhdhin for Zuhr & Asr prayers
Imam Malik:
• Major part of his sermon is over mu’adhdhin
should call for prayer
Imam Shafi:
• Make call when imam begins the second Sarmon.
Imam Abu Hanifa:
• When Imam ascend the pulpit he should order the
M’adhdhin to make call in case of Friday
congregational prayer.

• In the tradition of Ibn al-Mundhir (related to Malik)
• Time for call to the prayer by Mu’adhdhin for the Zuhr
and Asr prayers.

Two prayers are to be combined with two calls for
prayer and two calls for commencement:
Imam Malik:
• Said they are to be combined with two calls for
prayer and two calls for commencement.
Al-Shafi, Abu Hanifa Al-thawri Abu-Thawr:
• They are to be combined for one prayer and two
calls for commencement.

• Evidence for Al-Shafi is the tradition of Jabir about the
description of Hajj.
• Whether these two prayers are to be combined with
two calls for prayer and two calls for
commencement.

Obligation of Friday prayer at Mina and Arafa:
Imam Malik:
• Friday congregational prayer is not obligatory at
mina or arafa except during the days of hajj.
Al-Shafi:
• Have same opinion.
Imam Abu Hanifa:
• Said if leader of the hajj is person whose prayer
cannot be curtailed at both places he is to lead
Friday prayer if he has chance.

• Related from Abd Allah Ibn Ma’mar al dayli “The Hajj is
Arafat, thus he who makes it to Arafat before the rise of the
dawn has made it.”
Obligation of Friday Prayer at Mina and at Arafa.
• The first condition for assumption of station of Arafa after prayer
there’s no disagreement.
• They disagreed about the person who stays at Arafa till after declining
of sun his hajj is complete.

Chapter 10:
Discussion of acts at Muzdalifa:
Identification of its hukm its description and its time:
They agreed on the person who after stationing Arafat spends
the day of sacrifice at Muzdalifa combining Maghrib and Isha
prayers at night with Imam hajj is complete.
They argued on description of act of Messenger of Allah.

Al-Awza’I and group of
Tabi’un said its
obligation.
The provinces of Jurist’s
said that’s its not
obligation of hajj.
Al-Shafi said the persons
who spend first half night
there and then leaves not
spending whole night is
liable.

• In the tradition of Urwa ibn Mudarris (al-Bukhari and Muslim).
• They disagreed on whether staying at Muzdalifa till after the
morning prayers spending night there is sunnah of hajj or
one of its obligation.

Chapter 11:
DISCUSSION OF THE THROWING OF PEBBLES AT
THE JAMRAS:
AGREEMENTS
All the jurists agreed upon that the Prophet PBUH stopped at AL
MASHAR AL HARAM, till after he had observed the morning
prayer. Then he departed from there before sunrise towards
MINA then he threw stone at the JAMRAT AL AQABA after
sunrise.
They also agreed that the Prophet PBUH did not threw pebbles
at other jamrat besides it on the day of sacrifice.
DISAGREEMENTS
They disagreed about the case of person who throws stone
before sunrise.

• It is not permitted.
Majority Jurist’s:
• It is desirable that if he do it after sunrise.
Imam Al-Ahafi:
• Those who prohibited it on the basis of acts and sayings Prophet
PBUH.
• Those who permitted on the basis of tradition recorded by Abu
Dawud and also another tradition of Asma.

TIME OF THROWING PEBBLES
• All jurists agreed that the desirable time for
throwing the pebbles at the jamrat is from the
rising of sun up to its decline but if he do this
before the setting of the sun on the day of
sacrifice, his act is valid.
AGREEMENTS:
• They disagreed about the case when a person
do it till after the setting of the sun and do it
during the night or next day.
DISAGREEMENTS:

• Liable for the Atonement by slaughtering an
animal.
Imam Malik:
• Distinguished between both times.
Imam Abu Hanifa:
• There is no liability for him.
Abu Yousuf & Al-Shafi:

• Prophet PBUH made exemption for those tending the camels to
throw pebbles during the night and the other tradition which was
reported by Ibn Abbas and this opinion was adopted by majority.

SEQUENCE OF ACTS MAINTAINED BY
PROPHET (PBUH)
AGREEMENTS:
All the jurists agreed on the acts of Prophet PBUH that he threw
pebbles during his hajj at the jamra on the day of sacrifice, he
then sacrificed a she camel , then had his head shaved, and
thereafter performed the tawaf al-ifada.
These acts are sunnah of hajj according to all the jurist.
DISAGRREMENTS:
They disagreed about the case of someone who
advances an act over the sequences or delays it.

Malik said that , the
person who shaves his
head before throwing
pebbles is liable for
redemption.
Al shafi, Ahmad,
Dawud and Abu thawr
said that there is no
liability for him.

Imam Malik view that person who shaves his head before
slaughtering the animals is under no liability, also the
person who slaughter the animal before throwing the
pebbles.
Abu Hanifa said that if a person shaves his head or throws
the pebbles before he makes the sacrifice , he is liable for
atonement by slaughtering the animal.
Zufar said that he is liable for atoning three times.

AGREEMENTS:
• They agreed that the person who make the sacrifice before throwing
pebbles is not liable for anything.
• They agreed that the total numbers of pebbles are seventy.
• They agreed that pilgrim will throw a pebble again if it does not strike
the jamarat al-aqaba.
• They agreed on the size of stone that Is similar to the size of date stone.
• They agreed that one sun for throwing pebbles at the three jamarat
during the day of tashriq is that it be undertaken the declining of sun.
DISAGREEMENT:
• They disagreed when the pilgrims throws pebbles before declining of
the sun during the day of tashriq. Majority maintained that the person
who throws pebbles before declining the sun is to repeat the
performance after it is decline.

• Related from Abu Jaffar Muhammad Ibn Ali that he said
throwing of pebble is undertaken any time from moment of
the rising of sun until it sets.

They disagreed that the person who did not threw pebbles at
Jimar during the days of tashriq up to the time when sun
sets on the last of these days Is not permitted to do so after
these days.
They disagreed about the obligation for this in terms of
expiation.
Malik said that the
person who relinquishes
the throwing of pebbles
at the Jimar in part or
completely or even at
one of them, he is liable
to atonement by
slaughtering an animal.
Abu Hanifa said that if e
is relinquishes this
completely he is liable
for atonement by
slaughtering an animal,
but if he misses one pillar
or more he is liable to
feed needy person.
Al shafi said that for
each pebble missed he
his liable for one Mudd
of food, for two pebbles
it is two mudds, and for
three he is liable for
sacrificing an animal.

THIRD CATEGORY
“Ahkam for the acts”

Chapter 1:
DISCUSSION OF THE PERSON PREVENTED
The source for the confinement are the words of the exalted, "The jurist disagreed over
the meaning of his verse the cause of which is the hukm of the person prevented due to
disease or by the enemy.”
DISAGREEMENT:
The first point of their disagreement over this verse is whether the person prevented is
besieged by the enemy or he is prevented b disease.
• Group of jurists said that gere it means the person besieged by the enemy.
• Some other jurists said that here it means the person prevented by disease.

Chapter 2:
DISCUSSION OF THE AHKAM OF REPARATION
OF GAME:
• Compensation
Meaning of reparation:
• The act of causing death, slaying- through
hunting etc.
Meaning of Killing game:

DISCUSSION OF CHAPTER BASED ON VERSE
FROM THE QURAN:
Believers! Do not kill game while you are in the state of pilgrim
sanctity.110 Whoever of you kills it willfully there shall be a
recompense, the like of what he has killed in cattle - as shall be
judged by two men of equity among you - to be brought to the Ka'bah
as an offering, or as an expiation the feeding of the needy, or its
equivalent in fasting111 in order that he may taste the grievousness of
his deed. Allah has pardoned whatever has passed; but Allah will
exact a penalty from him who repeats it. Allah is All-Mighty. He is
fully capable of exacting penalties.”

TWO MAIN DISAGREEMENTS REGARDING:
Details of the Ahkam
Details of the Ahkam

ISSUE 1:
• whether the obligation for killing game is payment of its
value or payment with a similar animal.
MAJORITY:
• obligation is for a
similar animal ABU HANIFA:
• there is a choice,
to pay the value
or to buy an
animal with the
same value

ISSUE 2:
• Whether new ruling was required for a person killing game with
reference to cases already decided by predecessors.
MALIK AND
ABU
HANIFA:
• New ruling is
required.
SHAAFI:
• If decision in
accordance with
the predecessors
it is permitted.
ISSUE 3:
• Whether the verse implies an order or whether there is a choice.

MALIK AND ABU HANIFA:
• There is a choice
Zufar:
• Verse implies an order.
ISSUE 4:
• Whether the value is to be that of the game killed or that of the substitute animal-
if the person chooses to feed needy person, so that he may purchase food in the
value, and this in accordance with the opinion that permits such an obligation.

MAALIK: Procure value of animal
killed
AL SHAAFI: Procure value of
substitute animal.
AGREEMENT ON EQUIVALNCE OF FASTS WITH FOOD.
OPINIONS ON HOW MUCH TO BE GIVEN TO NEEDY BASED
ON MUDDS:
Malik, al shafi, al-hijaz Jurist’s
• fast one day for each mudd of food,
and that amount should be given to
each needy person..
Jurist’s of kufa
• fast one day for every two mudds of
food, and that is the amount of food to
be provided to a poor person.

ISSUE 5:
• killing of game by mistake.
MAJORITY:
• Reparation is
to be paid
Zahirites:
• Said no one
required
ISSUE 6:
• Group participating in the killing.

Malik, Al-Thawri and
a group of Jurist’s:
• Full reparation required
in state of ihram
Al-Shafi:
• One reparation
as a group
Abu-Hanifa:
• Made a distinction
in state of
ihram: liable for
full reparation
Not in ihram:
liable for one
as a group

ISSUE 7:
• Whether one of the two estimators can be one who has killed
the game.
MALIK:
• Said not
permitted
Al-Shaafi:
• Said it is
permitted
Abu Hanifa
and his
disciples:
• Differed on this
issue
ISSUE 8:
• Place where the needy need to be fed.

MALIK:
• Where the
game was
hunted or
adjacent to it if
food isn’t
sufficient for
that place
Al-Shaafi:
• Said only the
needy of
Makkah need
to be fed
Abu Hanifa:
• Said any place
ISSUE 9:
• killing game within haram not in the state of ihram.
MAJORITY:
• Reparation is must.
Abu Dawud and his disciples:
• Said no reparation required.

ISSUE 10:
• What is game and what is not?
Unanimous agreement that all creatures on land are forbidden except for 5
offending ones
catch from the sea is permitted to the person in state of ihram.
From the Quran: “to hunt and to eat fish of the sea is made lawful
for you, a provision for you and for seafarers but to hunt on land is
forbidden on you so long as you are on pilgrimage”

CHAPTER 3:
DISCUSSION OF RANSOM FOR AILMENT AND THE HUKM OF THE
PERSON SHAVING HIS HEAD BEFORE THE APPOINTED TIME.
• MEANING OF AILMENT: An illness, typically a minor one.
From the Quran: “And whoever among you is sick or hath ailment of the
head must pay a ransom of fasting or alms giving or offering”.
From the Sunna: “Fast for three days or feed six needy persons with two
muds for each person or make a sacrifice of a goat, whichever you do will
be sufficient for you”

Agreement
Jurist’s unanimously agreed that obligatory on every
person who removes cause of ailment due to necessity.
Disagreement
Person who removes it without necessity.
ABU HANIFAAND
SHAAFI:
• liable for atonement by
slaughtering animal
IMAM MALIK:
• Liable for ransom

Conflict in intentions and forgetfulness:
ABU HANIFA+ MAALIK
+ AL THAWRI+ AL
LAYTH:
• Doing intentionally or in
forgetfulness is the same.
ZAHIRITES AND SHAAFI:
• No ransom for one doing out
of forgetfulness.
 “And there is no sin for you in the mistakes you make unintentionally but
what your hearts propose(that would be a sin for you” – Al-Quran
 “liability for mistake and forgetfulness has been lifted from my ummah”
– hadith

ISSUE 1:
• How much food to be given?
MAALIK+ SHAFI+ ABU HANIFAAND
THEIR DISCIPLES:
• Food to be given equal to two mudds
ISSUE 2:
• For what act does ransom become obligatory?
AGREEMENT:
• Unanimous agreement that it becomes obligatory upon a
person who shaves off his head due to necessity arising
from disease or due to an injury caused in the head

ISSUE 3:
• Ibn Abbas said , A disease is that he have sores in his head and an
ailment is that he have lice or such other things
• Majority jurists agree that anything that is not allowed to the muhrim like
stitched garments, shaving head, clipping nails-if he permits himself he is
liable for ransom
FIRST
GROUP:
• one group of
jurist’s say no
liability in
clipping nails
SECOND
GROUP:
• atonement of
slaughtering
animal
 SHAFI+ABU THAWR:
say one nail= feeding one person, two nails= feeding
two people, three nails= slaughter animal
ABU HANIFA:
Says no liability unless all nails clipped
 Abu Muhammad + Ibn Hazm:
may clip nails or trim whiskers and no ransom for
person who shaves head

ISSUE 4:
• Shaving head from rest of the body.
MAJORITY:
• Entails ransom DAWUD:
• No ransom
DISTINCTIONS:
Malik
• no ransom for
small number of
hair unless an
ailment is
removed then
slaughtering as
ransom
Al hasan+ Abu
Thawr+ Al Shafi
• one hair requires
one mudd, two
hair two mudds
to be fed, three
atonement by
sacrifice
Abd al Malik
and disciple of
Malik
• small number
of hair requires
feeding, large
requires
sacrifice

ISSUE 5:
• Place of ransom.
Malik + Mujahid:
• may do wherever he chooses, in Makkah or his own homeland-
this stands for slaughter, fasting, feeding
Shafi + Abu Hanifa:
• sacrifice and atonement not valid outside Makkah but
fasting may be done wherever
ibn abbass:
• sacrifice in Makkah whereas
feeding and fasting wherever

ISSUE 6:
• Whether shaving head is a rite of hajj or an act with which ihram is
removed
Malik = shaving primarily of pilgrims and those performing umrah, of
greater merit than clipping hair, obligatory on a person who has missed
his hajj- having been prevented by disease, enemy, excuse
Abu Hanifa:
such person not obliged to shave head
• Oh Allah have mercy upon those who shave their heads” “and those
who clip their hair” – hadith
❖ Those who made it a rite=liability
❖ Those not considering it a rite= no liability

Chapter 4:
Discussion of Expiation for Mutamatti:
Consensus of Jurist’s:
Expiation as an obligation for
Mutamatti. Evidence: “then who-so-ever
enjoyed freedom of restriction of
the Ihram by commencing with
Umra before the Hajj, (shall
make) such offering as can be
had with ease”.

Disagreement:
Offering that can be had
with ease
Malik: term “Hady”
refers to goat.
Evidence: “(The
fortfiet) to be brought as
an offering to the
Kaaba”.
Ibn Umar: term
“Hady” refers to
camel/cows.
Evidence: “Such
offering as can be had
with ease”.
Interpretation: cow of
lower quality than the
other and badana (she-
camel) of a lower
quality than the other.

Consensus: maintenance of
order in expiation.. Unable to
make an offering is under the
obligation of fasting.
Disagreement: time
during which one shifts the
obligation of an offering to
fasting.
Reason of
Disagreement:
condition stipulated
initially for the
worship continues
to hold throughout
its performance.
Malik: the obligation of
fasting transfers when the
person begins fasting,
even if he is able to make
an offering during that
period.
Abu Hanifa: in the first 3 days of
fasting if he is able to make an
offering it becomes binding upon
him.
If he finds in the next 7 days, then
it’s not binding.
Opinions of
Jurist’s

Consensus: compilation of
fasting for 3 days in the
first 10 days of Dhul-
Hijjah with the obligation.
Evidence: “And who-so-ever
can’t find (such gifts), then fast
for 3 days while on pilgrimage.
Disagreement: observing fasts
during his occupation with the rites
of Umra and before he forms the
Ihram for the Hajj.
Malik: permitted fasts of
expiation during the days of
Mina. But prohibited them
before the commencement of
rites of Hajj.
Abu Hanifa: not allowed
during the days of Mina but
allowed them before the
commencement of rites of Hajj.
Opinions of
Jurist’s

There are two types of freedom from Ihram:
• Full freedom.
• Partial Freedom.
Consensus: Partial freedom
disengages the pilgrim from
all prohibitions except sexual
intercourse, use of fragrance
and hunting.
Disagreement: What
becomes permissible?
Malik: Pilgrim frees from all
restraints except matters
related to women that is,
contracting marriage,
intercourse and the use of
fragrance.
Evidence: words of the
Exalted: “but when ye have
been freed from Ihram, then
go hunting”.
Opinions of
Jurist’s

Disagreement:
person who cohabits
number of times.
Imam Malik and
Shafi:
Liable only for single
offering
Abu Hanifa:
For single session of
cohabitation, liable for
single offering. For several
sessions, liable for each act
of cohabitation.
Muhammad Ibn al Hasan:
Single offering is sufficient
even if the act is repeated for
several times unless he has
made the offering for the first
act of cohabitation.
Opinions of
Jurist’s

Disagreement: Liability of
woman for making an
offering.
Malik:
If he persuaded her, she is liable for offering.
But if he forced her, he is liable for two
offerings.
Shafi:
He is liable only for
one offering.
Opinions of
Jurist’s

Disagreement:
Kind of offering.
Malik and Abu Hanifa:
Should be a goat.
Al Shafi: less than Badana(she-camel) is
not enough, if he can’t find one, the value
of Badana is to be converted into dirhams
and value of dirhams into food, and he is
then to fast one day for each mud of
food.
Opinions of
Jurist’s

Chapter 5:
Discussion of Expiations not expressly laid down.
Consenus: withdrawing
Sunnah smakes the person
liable for atonement as Hajj
becomes defective.
Zahirites: In cases of worship,
they reject Qiyas and did not
uphold the imposition of
atonement unless it was laid
down in the text. If a pilgrim
avoids an act which is Sunnah,
is liable for ransom. But, if the
act is desirable, then he is not
liable for ransom.
Rites of pilgrimage are of two kinds
1. Rites that are emphatic Sunnah
2. Rites that are desirable
Evidence: Person who misses the rites which are
desirable, do not give rise to atonement.
Disagreement: Identification of a rite as Sunnah/
desirable/ obligatory.

Disagreement:
liability on the person
who passes the Miqat
without forming the
intention of the Ihram
liable for
atonement by
slaughtering an
animal.
2nd Group: (Malik, Ibn al-
Mubarak, al-Thawri) liable
for atonement even if he
returns to Miqat to form
Niyya.
3rd Group (al-shafi, abu-Yusuf,
Muhammad and al-Thawri) : if returns
to Miqat, not liable otherwise liable.
4th group: (Abu-Hanifa) : if
returns by pronouncing Talbiya,
then not liable. Otherwise, liable.
Opinions of
Jurist’s

Consensus: performance of
circumambulation for one
who forgets or misses one of
the circuits as long as he is in
Mecca.
Disagreement: on returning
home.
Al-Thawri: may offer two
raka’as as long as he is in
Haram.
Al-Shafi, Abu-Hanifa: may
offer them whenever he
pleases.
Opinions of
Jurist’s

Disagreement: walking as
a validity for
circumambulation of a
capable person.
Malik: It is a condition
like standing up in prayer,
if unable to do so it is
permissible.
Al-Shafi: Riding during
circumambulation is
permitted as Prophet
performed
circumambulation of the
House while riding in the
absence of illness.
Opinions of
Jurist’s

Chapter 6:
Discussion of the offering (Hady):
 Hady is means of expressing gratitude for have been
granted the ability to perform hajj and umrah in the same.
 It is an animal sacrifice carried out by the pilgrims.
 It is sign of respect to Allah almighty.
 It gives us remembrance of prophet Ibrahim's act of
willingness to slaughter his son at Allah's command

Identification of its Obligation:
The hady of Tamattu and Qiran.
 whoever does hajj tamattu (entering ihram for umrah ,then existing ihram ,
then entering ihram for hajj)
 Qiran (entering ihram for umrah and hajj, and remaining in ihram up till
rituals have completed).
2 Sacrifices offered as a penalty for omitting obligatory part of hajj.
 whoever omit one of the obligatory part of hajj has to make up for this by
sacrificing
3 Sacrifice offered because of the pilgrims doing wrong which is prohibited
in haram.

Identification of species and age:
Jurist agreed that offering should include 8 categories explicitly mentioned by
Allah.
Offering should first be a camel then a cow than a sheep then a goat.
Valid Age of Animals:
Five years.
Camel
One year.
Sheep
Two years.
Cow

• They agreed that the Judha
(six month old ) is not valid
• It is thaniy (one year old) and
what ever is older is permitted.
Majority of
Jurist’s
• They approved the Judha
for offering
Group of
jurist

Because of tradition of the Prophet PBUH from Abu Burda when he ordered
him to make the sacrifice again saying “A Judha is valid in your case but for
no one other than you”
Tradition of Jabir who said the messenger of Allah Prophet PBUH said , ‘’
do not slaughter anything less than a musina (a full grown animal).
Conflict between the general with specific implication.

Identification Place And Time:
Malik
They said it is
sunnah to
driven the
offering from
outskirts of
Mecca.
Al Shafi ,Al Thawr,
Abu Thawr
They said
taking the
offering to the
arfa is sunnah
,but there is no
penalty for one
who do not
take there.
Abu Hanifa
He said it is
not sunnah to
take the
offering to arfa

Malik
• Prophet PBUH did so and
said “acquire your rites from
me.
Abu Hanifa
• He said prophet PBUH did
so as his residence is outside
the haram.

Disagreement arise from the conflicts between the traditions.
 Place of slaughter.
The destination of the offering is the ancient house ,as the words of
the Exalted,” And afterward they are brought to the ancient house”.
Jurist agreed that no one is permitted to slaughter inside the kabba
,nor in masjid al haram.

Al Shafi and Abu
Hanifa
They said that slaughtering it in haram out side the
mecca is valid.
Al tabri He said that the slaughtering is permitted wherever the
person making the offering desires except for the
offering if Qiran.
Imam Malik If the sacrifice is made for hajj at Mecca and for the
umrah at mina it is permitted

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