To Kill a Mocking Tongue

To Kill a Mocking Tongue
By Muhammad Alshareef

All praise be to Allah, peace and blessings upon our illustrious leader Muhammad Rasoolullah, his family, his friends and all those who follow him until the appointed day.

Al-Ma’roor ibn Suwayd narrates that he once saw Abu Dharr – radi Allaahu ‘anhu– wearing a beautiful shawl. His slave standing next to him was wearing a shawl exactly like it, warm and beautiful.

Ma’roor said to Abu Dharr, “Perhaps you could take the shawl of your servant and give him another (less expensive) one.”

“Never,” said Abu Dharr, “for I once had a servant whose mother was not Arab and I cussed him and his mother. That servant went to the Messenger of Allah – sal Allaahu alayhi wa sallam – complaining of the words I had said.

“When Rasul Allaah – sal Allaahu alayhi wa sallam – saw me he commented, ‘O Abu Dharr, you are a man who still has Jahilliyyah (Pre-Islamic Ignorance) in him.’”

Because of these painful words, Abu Dharr – may Allah be pleased with him -would always dress his servants in the exact same garments that he would wear.

Dear brothers and sisters, Allah is disobeyed most with our tongues. There is a sin that sweeps amongst us, a sin that many take lightly, a sin that is laughed at, a sin that could very well pull someone to Hellfire: It is the sin of insulting others.

Read carefully this following verse. It is a commandment of Allah that begins with a call to those who claim to have Eemaan. Allah ta’ala says in the Qur’an (49/11):

O you who believe let not one group of people make fun of another, perhaps the (one’s being made fun of) are better then them. And let not women make fun of other women perhaps the (woman being made fun of) is better then them. And do not insult one another and do not call each other by (offensive) nicknames. Wretched is the name (i.e. mention) of disobedience after (one’s) faith. And whoever does not repent – then it is those who are the Dhaalimoon (the wrongdoers).

Perhaps the one that is being made fun of is more beloved to Allah. Subhaan Allah, let us remember this if we ever try to make fun of someone, perhaps Allah loves them and does not love us. Didn’t the Mushrikeen make fun of Rasul Allah – sal Allaahu alayhi wa sallam – and we know Allah loved him and not them. Didn’t the Munaafiqeen make fun of the Sahaabah – and we know Allah loved the Sahaabah and not them.

Rasul Allah – sal Allaahu alayhi wa sallam – said, “Verily a person will speak words from those that Allah hates, paying no heed to what he is saying, and with those words he will plummet in to hellfire.” – Bukhari

There are different reasons why a person would want to insult, make fun of and ridicule other community members:

Firstly: They have weak Eemaan and their fear of Allah is poor. This is one of the major reasons.

Secondly: They spend a lot of their time in gatherings that bring no benefit.

Thirdly: They themselves may want others to praise them. Sadly, when there is a student or a community member that insults others, often it is they that want to be the ‘cool’ one. How can they be ‘cool’ if they are doing something that Allah and His Messenger hate?

Fourthly: They forget the punishment for those that make fun of others. Imam Al-Bayhaqee narrates in Shu’ab al-Eemaan, that Rasul Allah – sal Allaahu alayhi wa sallam – said, “Verily those people that make fun of people – for them a gate of Jannah will be opened. It will be said to them: Come (and enter). That person will come with all their anguish and depression – but when he gets close, the gate will be closed in his face. Then another gate (to Jannah) will be opened and it will be said: Come (and enter). So that person comes with all his anguish and depression. But when he gets close, the gate will be closed in his face. This will keep happening to him until it gets to the point where it will be said: Come (and enter), and he will not come from the despair of ever entering paradise.”

Fifthly: Those that make fun of others may do so out of love for the Kuffaar and a love to imitate them. How many times do we see the comedians mocking people and everyone laughing? Indeed, mocking others and insulting them is a characteristic of Jaahiliyyah and kufr, and it is never a characteristic of a believer.

Allah ta’ala shows us in Surah Al-Mutaffifeen (83/29) how this characteristic of laughing at others is a characteristic of the Kuffaar:

Indeed, those who committed crimes used to laugh at those who believed.



The seriousness of this sin varies in accordance to the subject being insulted:

On the highest level of seriousness is to make fun of Allah or His Ayaat or His Messenger – sal Allaahu alayhi wa sallam.A group of Munaafiqeen started joking one day about their Qurr’aa, i.e. the Companions of Allah’s Messenger. They described in ridiculing terms that they were large in stomachs, having lying tongues and being cowardly. Allah ta’ala tells us in the Qur’an (9/65-66): And if you ask them, they will surely say,“We were only conversing and playing.” Say, “Is it Allah and His verses and His Messenger that you were mocking?” / Make no excuse; you have disbelieved (i.e. rejected faith) after your belief. If We pardon one faction of you – We will punish another faction because they were criminals.

To ridicule and make fun of the Sahaabah
In the incident just mentioned, the comment that the Munaafiqeen was actually directed at the Sahaabah. The Qur’aan shows us that this was a direct ridicule of Allah, His verses, and His Messenger.

Shaykh Al-Uthaymeen – rahi mahullaah – said: Thus it is understood that someone who curses and ridicules the Companions is a Kaafir. This is because cutting their honor is in reality an attempt at ridiculing Allah and His Messenger and His Sharee’ah.

To ridicule the pious believers
For example, if someone were to ridicule a pious believer because of his practice of the Deen, such as ridiculing a brother’s beard or to mock a sisters Hijaab, etc. Doing this – i.e. mocking a Muslim because of his Islam – may very well expel someone from the fold of Islam.

Allah ta’ala says in Surah Al-Mutaffifeen (29-30):

Indeed, those that committed crimes used to laugh at those who believed

As reported in Tafseer At-Tabaree, the Munaafiqeen were once sitting back watching the charity that the believers were giving. To those that gave much, like AbdurRahmaan ibn ‘Owf, they said, ‘he only gave it to show off’.For those that gave little, they said, ‘Verily, Allah has no need for his petty offering.”

And so Allah ta’ala revealed in Surat At-Tawbah (9/79):

Those who criticize the contributers among the believers concerning their charities and (criticize) the ones who find nothing (to spend) except their effort, so they ridicule them – Allah will ridicule them, and they will have a painful punishment.

To ridicule humans in general
This applies to the God-fearing and the Fussaaq, a believer should not humiliate people and or use derogatory nicknames for them, nor should they ridicule their creation.

Allah ta’ala says 49/11:

O you who believe let not one group of people make fun of another

And Rasul Allah – sal Allaahu alayhi wa sallam – said, “It is enough sin for a person that they would ridicule their Muslim brother.”

Abdullaah ibn Mas’ood – radi Allaahu ‘anhu – used to say, as narrated by Ibn Abee ‘Aasim, “By Allah whom there is no god but He, there is nothing more worthy of a prolonged incarceration then one’s tongue.”




Part II

Abu Moosa – radi Allaahu ‘anhu – said: I asked Allah’s Messenger, ‘Who out of the Muslims is the best?’ He replied, “Those whom the other Muslims are safe from his tongue and hands.” – Agreed Upon

The mockingbird, native to the western hemisphere, has a very interesting name. The mockingbird gets its name from its ability to mimic the sounds of other animals. It combines song notes of it’s own with sounds from other birds, doing so in almost a mocking way. It is an endangered species, and we hope - in sha Allah – that the mocking it got its name after will become endangered in our communities too.

Al-Hasan Al-Basree – rahimahullaah – said, “Whoever does not guard the slips of their tongue has not understood their Deen.”

Dear brothers and sisters, one of the saddest things is to see the regulars of the masjid, or the leaders of the Muslim youth, being the ones who mock others. So many youth groups and Halaqahs around North America are built on this notion that in order to be cool you must ridicule and mock others.

In other places, I know personally people that abandoned the local Masjid because they did not want to be ridiculed by the Muslims. They felt more comfort and compassion in the character of the disbelievers. What will Allah ta’ala think of someone that does this to the Muslims, someone who is an obstacle for others to come closer to Allah?

If we find a gathering of Muslims to be like this, it is our duty to command the good and forbid the evil and demand that this ridiculing stop once and for all.

In conclusion, the questions that begs to be asked is: What is the cure for this disease of the tongue?

One: We should know that it is a major sin. In fact, a person may make a single statement – not paying any heed to it – by which he may slip in to Hellfire.

Two: We should follow what our tongues are saying and not allow ourselves to stoop to vain talk.

Three: We should distance ourselves from those long useless gatherings where nothing is done for hours except laughing and chatting. Instead, we should replace our gatherings with the remembrance of Allah and good speech.

Four: We must glorify this Deen and make enormous in our hearts the commandments of Allah ta’ala. If Allah says do not make fun of one another, our reply should be nothing more then: ‘we hear and we obey’.

Five: We should warn others of the sin of insulting other people and making fun of them. Let us not allow ourselves to be as a silent Shaytaan listening to others being insulted. Let us speak up and say it clearly that this is not something loved by Allah and His Messenger. Say that if Allah and His Messenger hate it, then so do I.

Six: If you feel yourself that you just have to insult someone, ask Allah to protect you from the Shaytaan and this satanic act. As Allah ta’ala says (7/200): And if an evil suggestion comes to you from Satan, then seek refuge in Allah. Indeed, He is Hearing and Knowing.

Seven: And of course, if anyone of us should fall into this sin, we should be swift in turning back to Allah in Towbah. Say Astaghfirullaah wa‘atoobo ilayh, O Allah I ask You to forgive me and I return to You.

Allah ta’ala says in the Qur’an (49/11): And whoever does not repent – then it is those who are the Dhaalimoon (the wrongdoers).

Finally, if there is one thing that you remember from this khutbah let it be this following commandment of Allaah ta’ala, memorize it and teach it to at least one other person:

O you who believe let not one group of people make fun of another

And Allah knows best - May He guide and protect us all

Hajj-02-Ability to Perform Hajj - what does it imply?

In the name of Allaah, the All-Merciful, the Especially-Merciful

Hajj and 'Umrah

THE ABILITY TO PERFORM HAJJ- WHAT DOES IT IMPLY?

The ability to perform Hajj, which is one of the essential conditions, includes the following:

1)     A person must be healthy and physically fit. If one is disabled by old age or a disease that is incurable or is unable to perform Hajj for some or other similar reason, he may, if he is financially capable, assign someone else to perform Hajj on his behalf and at his expense. This will be discussed later under "Hajj On Behalf of Another Person."

2)    The journey to Hajj must be safe so that the pilgrim's life and possessions are safe and secure from any danger. If one is afraid for one's life from highwaymen or an epidemic or if one is afraid to be robbed of one's possessions, then such a one is deemed as one of those who cannot afford the journey for Hajj.
There is, however, a difference of opinion among scholars regarding the entry fees and other charges levied on pilgrims. Can a person be excused and reckoned as unable financially to perform Hajj because of these charges?
Ash-Shafi'i and others are of the view that the presence of these levies does qualify a person to be classified as unable to perform Hajj, even though the levy involved may be paltry. The Maliki scholars disagree for they do not regard this as a sufficient for a person to be deemed as unable to perform Hajj, unless the amount involved is too exorbitant or is demanded repeatedly.

3)    One must possess the necessary provision and also the requisite means of journey. Necessary provision here means that the intending pilgrim must have sufficient supplies for himself as well as for his family that he leaves behind.
These supplies include sufficient and adequate clothing, housing, means of travelling, and tools for the pursuit of his trade or profession besides the financial means for the journey.¹ Means of travelling imply that which enables him to go to Hajj and come back, whether it is by land, by sea, or by air. This concerns those who live far from Makkah and cannot walk there.
As for those who live in the vicinity of Makkah, the condition does not apply, for they are so close that they can go for Hajj on foot.
Some ahadith explain the Qur'anic words "those who can afford the joumey”², as meaning provision of food and means of journey.

Anas reports that the Prophet (peace be upon him) when once asked about the meaning of "those who can afford" said: "It means possessing means of sustenance and transportation.”³

Al-Hafiz remarks: "Most probably its chain of transmitters is not traceable to the Prophet (peace be upon him). Tirmidhi as well has reported it on the authority of Ibn 'Umar but its chain of transmitters are weak. Abdul Haqq remarked: "All its chain of transmitters are weak." Ibn Al-Mundhir says: "It is not traceable to the Prophet (peace be upon him) and the correct position is that it is a sound but incompletely transmitted hadith whose chain of authorities does not go back to the Prophet (peace be upon him)".

Ali (may Allah be pleased with him) narrates that the Prophet (peace be upon him) once said:-"He who possesses sufficient provisions and means of journey for the performance of Hajj and yet does not do so, let him die the death of a Jew or a Christian."

For Allah says in the Qur'an: " Pilgrimage thereto is a duty men owe to Allah – those who can afford the journey. “⁴

All these ahadith are weak in authority, yet most scholars regard provisions and means of journey as a necessary condition for Hajj. If a person has neither the necessary provisions nor means of travel, he is not obligated to perform Hajj.

Ibn Taimiyyah says: "These ahadith are musnad ⁵ and have a sound chain of authorities, some are mursal ⁶ and others are mauquf ⁷, They all prove that the ability to arranges one's provisions and possession of means of journey is a necessary pre-requisite for Hajj, and this despite the fact that the Prophet (peace be upon him) knew that many of the people (in his time) were able to go for Hajj on foot.

Similarly the words of Allah: "Pilgrimage thereto is a duty men owe to Allah – those who can afford the journey" underline the fact that ability and power are the necessary prerequisite for all forms of worship. It signifies the unspecified power or a little more than what may be necessary. In the case of saum (fasting) and salah (obligatory prayers) the financial ability is superfluous and is not specified in the Qur'an, unlike Hajj for which it is an important requirement. Similarly, Hajj is a form of worship which involves travelling for which one must be in possession of sufficient means to support oneself (and one's family) as well as be able to shoulder the cost of the journey as in Jihad.

In this regard we may refer to the Qur'anic verse (9:91-92)

"Nor any blame on those who find no resources to spend, nor is there (blame) on those who come to you to be provided with mounts, and when you said, 'I can find no mounts for you. '"

In Al-Muhadhib we read: "If someone has the money to buy provisions and the passage to Hajj but he needs to pay his debts, Hajj is not binding on him, whether the settlement of the debt is required immediately or after a time. The debts that are due for immediate settlement must be paid at once, whereas the Hajj may be performed later on in life. But if he spends all that he has on Hajj he may not be in a position to pay of his debt."

Similarly, if one is in need of a dwelling or a servant to help him, he may be classified as unable to perform Hajj. Likewise, if one needs to take a wife because he fears he may be able to avoid evil, he must get married, for it is his immediate need.
Furthermore, if one needs goods for his business to obtain requisite resources therefrom, such a one, according Abul 'Abbas, Ibn Sarih, may be classified as unable to perform Hajj in view of his specific need. Al-Mughni says: "If the debt is owed to a wealthy person who does not demand immediate settlement of the loan, defers settlement to a later stage, and is ready to permit the debtor to proceed for Hajj, then such a debtor is (technically) able to perform Hajj. But in case the lender cannot afford to defer settlement on the loan, the debtor would be reckoned as unable to perform Hajj."

According to the Shafi'i school: "If someone offers another a free passage for Hajj, one is not obliged to accept the offer, for it is a favour and involves distress of being obliged to another person. If, however, such an offer is made by one's son to perform Hajj, then one is obligated to do so, for one can perform it without being beholden to anyone else."
The Hanbali school is of the view that an offer does not obligate a person to perform Hajj, nor does this classify him as (financially) capable of performing it, whether the offer comes from a stranger or a relative and whether the offer provides means of travel and provision, or financial help as such.

4)    There must be no obstruction which may prevent people from undertaking the journey for Hajj, like fear of torture or imprisonment by a tyrannical ruler.

Hajj of a Minor and a Slave

Though Hajj is not compulsory for these two groups, it is quite valid if they perform one, but it will not suffice them as regards the Hajj prescribed in Islam.

Ibn 'Abbas reports: The Prophet (peace be upon him) said: "Any minor (child) who performs Hajj must perform it again after coming of age; any slave who performs Hajj and is then freed, must perform his Hajj again."⁸

As-Sa'ib bin Yazid says: "My father performed Hajj with the Prophet (peace be upon him) who was performing his Farewell Hajj, while I was only seven years old."

This was reported by Ahmad, Bukhari and Tirmidhi, who noted: "All scholars agree that if a minor performs Hajj, he must repeat his Hajj upon coming of age. Likewise a slave who performs Hajj, and thereafter gains his freedom, must also repeat his Hajj if he is in a position to do so."

It is also reported from Ibn 'Abbas that during a Hajj a woman lifted a boy, and asked the Prophet, "Will this boy be rewarded for Hajj?" The Prophet (peace be upon him) answered: "Yes, and you too will be rewarded.”⁹

Jabir reports: "We performed Hajj with the Prophet (peace be upon him) and a number of women and a number of women and children were with us. We said talbiyah on behalf of the children, and (also) threw pebbles on their behalf." This is narrated by Ahmad and Ibn Majah.

If a minor is able he may himself declare the state of ihram and perform the rites of Hajj. Otherwise, his guardian¹⁰ must declare the state of ihram and say talbiyah on his behalf, circumambulate the Ka'bah, run between Safa and Marwah, stay at 'Arafah and throw stones on his behalf. If, on the other hand, a minor attains the age of puberty on or before the Day of 'Arafah, his Hajj is then credited to him. The same applies to a slave who is liberated on or before the Day of 'Arafah. Malik and Ibn Al-Mundhir say: "To both of these people their Hajj cannot be credited as (replacement for) the obligatory Hajj, for they intended a supererogatory worship while putting on ihram; its supererogatory status cannot be transformed into an obligatory worship."

Hajj of a Woman

Hajj is obligatory both for women and men alike; they must perform it whenever they meet the above mentioned prerequisites for it. In the case of a woman it is essential that she be accompanied by her husband or some other mahram¹¹ relative on the journey for Hajj.

Ibn Abbas reports: "I heard the Prophet (peace be upon him) saying: 'A man must never be alone with a woman unless there is a mahram with her. A woman also may not travel with anyone except a mahram relative.'
A man stood up and asked: 'O Prophet of Allah! My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do'?' The Prophet (peace be upon him) replied: 'Go and join your wife in Hajj.” ¹²

Yahya bin 'Abbad reported that a woman wrote from Iraq to Ibrahim An-Nakh'i:
"I have not yet performed the prescribed Hajj; for although I am rich, I have no mahram who may accompany me on this trip." He wrote her back: "You are one of those whom Allah has not given the means to perform (Hajj)." Abu Hanifah, Al-Hassan, At- Thauri, Ahmad and Ishaq all hold a similar view on this issue.

Al-Hafiz says: "Among the Shafi'ite scholars the most commonly accepted opinion in this regard is that a woman may travel with her husband, or one of her mahram relatives, or with a group of trustworthy women, or even one such (trusted) woman companion. According to one view, reported by Al-Karabisi and recorded as sound in Al-Muhadhib, a woman may  travel by herself provided the way to Hajj is secure and safe. This applies to both Hajj and 'Umrah.

It is reported in Subul as-Salaam: "A group of scholars hold that an old woman may travel without being accompanied by any mahram relative."

This permission for a woman to travel without a mahram in the company of trusted companions or when the journey for Hajj is safe is supported by what is reported in Bukhari from 'Adi ibn Hatem, who says:

"I was with the Prophet (peace be upon him) when a man came to him and complained of poverty. Another man complained about highway robbery. Thereupon the Prophet (peace be upon him) said: 'O 'Adi! Have you seen the city of Hire in Iraq?' I said: 'No, but I have heard of it.' The Prophet (peace be upon him) said: 'If you live long enough you will see that a woman will travel from Hira and will perform Tawaf round Ka'bah, and she will have no fear except that of Allah.'''

This opinion is supported by the fact that 'Umar gave permission to the wives of the Prophet (peace be upon him) to perform Hajj while accompanied by 'Uthman and Abdur-Rahrnan ibn 'Awf. 'Uthman would announce them to people telling them to avoid looking at them or coming close to their camels.

If, however, a woman fails to abide by this provision and performs Hajj alone -  without being accompanied by a mahram - her Hajj would still be valid.

The author of Subul as-Salaam says that Ibn Taimiyyah said: "Hajj of a woman without a mahram is valid, and likewise of a person who is financially not able to perform it."

In brief, those for whom Hajj is not compulsory due to sickness, poverty, fear of highway robbery, or in the case of a woman because no mahram is available to accompany her, if these people nonetheless perform Hajj, it will be credited to their account. Some of them try their best (and exert themselves to the utmost) like those performing Hajj on foot, while other are guilty of sins, such as those who beg others to help them perform Hajj, or a woman that performs Hajj without a mahram male companion. Notwithstanding their valid excuse, if any of these people perform Hajj, it will be quite valid, for their sins relates to their (choice of unlawful) means and has no bearing on the objective as such.

It is reported in Al -Mughni: "If a person, not obliged to perform Hajj because he is unable (financially) to do so, should seek to perform Hajj, suffering hardship, travelling on foot and without necessary provisions, his Hajj will be quite valid and acceptable."

A Woman Should Seek Her Husband's Permission for Hajj

It is desirable for a woman to seek her husband's permission for the prescribed Hajj. Then if he grants her the permission she may leave for Hajj; in case he refuses to give permission, she may still proceed for Hajj, for a husband should not forbid his wife from performing obligatory Hajj. It is an obligatory act of worship. It is unlawful to obey anyone in something that involves disobedience to Allah. A woman should perform obligatory Hajj as soon as possible, just as she should offer her prescribed daily prayers at their earliest prescribed times. In either case a husband has no right to prevent his wife from doing what is her obligatory duty. The same applies when a wife has vowed a Hajj, because it is obligatory like the prescribed Hajj. In the case of a supererogatory Hajj, however, the husband may prevent his wife, and the wife must  obey her husband. This is supported by a hadith reported in Ad-Daraqutni on the authority ofIbn Umar:

Ibn Umar narrated that while speaking about a wealthy lady whose husband had refused to give her permission to perform Hajj, the Prophet (peace be upon him) said: " She must not go for Hajj except by her husband's permission."

He Who Dies Without Performing Obligatory Hajj

If a person dies before performing obligatory Hajj or if one vowed to perform Hajj but died before fulfilling one's vow, his heir must assign someone to perform Hajj on behalf of the deceased. All the ensuing expenses in this regard must be paid out of the deceased's property, as indeed must be any debts left by him.

Ibn 'Abbas narrates that a woman from the tribe of Johainah came to the Prophet (peace be upon him) and said: "my mother has vowed to perform Hajj but she died before fulfilling her vow, should I perform Hajj on her behalf?" The Prophet (peace. be upon him) said: "Yes, perform Hajj on her behalf. Would you not payoff any debts your mother might have left  behind upon her death? Pay off what you owe to Allah, for He is most deserving of settlement of His debt." ¹³

This hadith underlines the obligation of performing Hajj on behalf of a deceased person, whether or not he leaves a will to this effect (is a kind of debt for the deceased), and all debts left by the deceased must be settled, just as all other financial obligations such as zakah, an atonement or a vow transacted by the deceased has to be fulfilled.

Ibn 'Abbas, Zaid bin Thabit, Abu Hurairah, and Ash-Shafi'i hold this opinion. They consider that the expenses of the substitute (the hired person) must be paid out of the wealth of the deceased before dividing it among his heirs.

In case the wealth is insufficient to cover both the cost of Hajj (by the substitute) and settlements of the deceased's debts, the expense of Hajj must be paid first, as the Prophet (peace be upon him) said:

"Allah is most deserving that His debt be paid back."

Imam Malik says: "A person may perform Hajj on behalf of the deceased only if the deceased leaves a will to that effect. If the deceased leaves no such will, then a Hajj on his behalf may not be performed, for this worship involves, more than anything else, physical exertion and struggle and as such, no other person can replace or substitute another person. If a deceased makes a will regarding it, then Hajj may be performed, meeting all its cost from out of one third of the share of the heritage."

Hajj On Behalf of Others

If someone has the ability to perform Hajj but afterwards he is unable to perform it due to sickness or old age, he must arrange for someone else to perform Hajj on his behalf, for he may never be able to do it himself. In this respect, such a person is very much like the deceased, hence the permission for him to choose his substitute in Hajj.

This is based on a hadith reported by Al-Fadl ibn 'Abbas, who says:

AI-Fadl ibn 'Abbas says: "A woman of Khath'am said, ‘O Prophet of Allah! Allah has prescribed Hajj for His servants. (Now that) I am grown up, I find my father is an old man, and he cannot ride on the camel (for long). Should I perform Hajj on his behalf?' The Prophet (peace be upon him) said: 'Yes.'"

This happened during the Farewell Hajj.¹⁴ Tirmidhi considers it a sound hadith with a sound chain and adds: _"On this topic, reports other than this hadith are also found; they are of sound authority, and the companions of the Prophet (peace be upon him) believed and practiced accordingly; they held that one may perform Hajj on behalf of a deceased person." At- Thawri, Ibn al-Mubarak, Ash-Shafi'i, Ahmad and Ishaq also hold a similar view.

Imam Malik says: "If the deceased leaves a will that someone performs Hajj on his behalf, then it may be performed." Some scholars like Ibn Mubarak and Ash-Shafi'i say that it is permissible for an old man, who is unable to perform Hajj on his own, to arrange for a substitute to do it on his behalf.

The above hadith also lend support to the view that, both for a man or a woman, it

is quite permissible to perform Hajj on behalf of another man or woman. There is

nothing against this in the Qur'an or hadith.

Position of a Sick Person Who Recovers

If a sick person recovers after someone has performed Hajj on his behalf, he will

be considered as having performed his obligatory duty, and he will not be required to

repeat it, for it would imply the obligation of performing two obligatory pilgrimages

(rather than one). This is Imam Ahmad's view.

The majority of scholars are, however, of the view that such a substitutory Hajj

will not suffice a man to absolve him of his obligation, for his recovery shows that his

case was not really hopeless (and he should therefore repeat it), for the decisive factor

in this respect is cessation of illness and restoration of his health.

Ibn Hazm is inclined to the first view, He says: "When the Prophet (peace be upon

him) commanded to perform Hajj on behalf of those who are unable to walk or ride

(i.e., cannot travel for Hajj), and told that this will pay off their debt to Allah, then

indeed the debt is settled, and their effort accepted." And surely if an obligation is

removed or fulfilled, there is no justification for its repetition, especially when there is

nothing in the texts to support it. Had such a repetition been necessary, the Prophet

(peace be upon him) must have clearly mentioned it, but as he did not, there is no

reason for its repetition.

Conditions for Performing Hajj on Behalf of Others

Before  performing Hajj on behalf of someone else, a person must have performed

his own Hajj. This is based on the hadith in which Ibn 'Abbas narrates that

the Prophet (peace be upon him) heard a man saying: "O Allah! Here I am in response to Your call on behalf of Shabrumah." The Prophet (peace be upon him) asked him: "Have you performed your own Hajj?" He replied: "No", whereupon the Prophet (peace be upon him) told him: "You must perform Hajj on your own behalf first, and then for Shabrumah?" ¹⁵

Al-Baihaqi says: "Its chain of narrators is sound, and in this regard it is the most genuine report."

Most scholars hold that it is not proper for a person to perform Hajj on behalf of others prior to performing it on his own behalf, whether or not he is able or unable to do so.

Hajj in Fulfillment of a Vow While Having to Perform Obligatory Hajj

According the verdict of Ibn 'Abbas and 'Ikrimah if a person performs Hajj in fulfilment of a vow, while he has yet to perform the prescribed Hajj, then it should suffice him (and absolve him) from both. 'Ata and Ibn 'Umar, on the other hand, hold that one must perform the Hajj obligatory on him, and thereafter perform another Hajj to fulfil his vow.

No Sarorah in Islam

Ibn ‘Abbas reports: “The Prophet (peace be upon him) said: ’There is no Sarorah (delaying performance of obligatory Hajj) in Islam."¹⁶

AI-Khattabi remarks: "The word sarorah has two meanings: a) a person who does not marry and leads a life of celibacy, like monastic Christians; or b) someone who has not performed Hajj. On other words this means that no one able to perform Hajj should fail to do so, because in Islam there no delaying of obligatory Hajj."

Some scholars refer to it as a proof that a person who has not performed Hajj is

not allowed to perform Hajj on behalf of others. Al-Awza'i, Ash-Shafi'i, Ahrnad and

Ishaq hold this view. MaIik and Ath- Thawri say: "Such a person's Hajj depends on his

own intention." AI-Hasan AI-Basri, 'Ata and An-Nakh'i also hold a similar view.

Getting a Loan for Hajj

Abdullah ibn Abi 'Awfa relates: "I asked the Prophet (peace be upon him) about a man who has not performed Hajj, 'Should he not get a loan to perform Hajj?' The Prophet (peace be upon him) replied: 'No'" (AIBaihaqi)

Performing Hajj with Unlawfully Gained Money

Someone performing Hajj with unlawfully gained money, may technically fulfil his prescribed duty of pilgrimage, but according to the majority of the scholars, he will be guilty of sin for doing so. Imam Ahmad disagrees and holds that such a Hajj is not enough for a person to absolve him of his prescribed obligation, and this is more correct as the sahih hadith says:

“Surely, Allah is Pure, and He does not accept anything but what is pure (and clean).”

Also it is reported by Abu Hurairah that the Prophet (peace be upon him) said:

"As soon as a pilgrim sets out for Hajj with a provision which is lawful, and puts his foot in the stirrup (rides his mount) and calls out: 'O Allah! Here I am in response to Your call,' an announcer answers him from the heavens above, saying: 'Your call has been heard; you are a happy one; your provisions are lawful, your mount is lawful and your pilgrimage is free of sin and acceptable.' But, if his provisions are unlawfully gained, and he puts his foot in the stirrup and call out: 'O Allah! Here I am in response to Your call,' an announcer from the heavens above answers him back, saying: 'Your call is not accepted; nor are you welcome; your food is unlawful; your provisions are unlawful; and your pilgrimage is not free of sin and is unacceptable.'"

Al-Mundhri says: "This is reported by At- Tabarani in AI-Aswat, and also by Al-Asbahani in a mursal hadith from Aslam, the freed slave of 'Umar bin al-Khattab."

What is Better in Hajj: Riding or Walking?

Al-Hafiz writes in Al-Fath: "Ibn al-Mundhir says there is a difference of opinion as to what is better for a pilgrim, walking or riding during the Hajj."

The majority of scholars hold riding is better, for the Prophet (peace be upon him) did so, and because it is more helpful (in concentrating) on praying and making supplications to Allah, apart from other benefits.

Ishaq bin Rahoweh says: "Walking is preferable for it involves more exertion and hardship (in the cause of Allah)." We may say that whether a person walks or rides during Hajj depends on each person and his particular circumstance.

Bukhari has transmitted from Anas (may Allah be pleased with him) that the Prophet (peace be upon him) saw a man leaning on both sides of his two sons, whereupon he asked: "What is the matter with this man?" The people said: "He has vowed to walk during Hajj." The Prophet (peace be upon him) said: "Allah is in no need whatever of torturing this man.” Then he commanded the man to perform his Hajj riding.

Doing Business and Leasing Rides During Hajj

There is no harm if a pilgrim engages in trade and business during Hajj or 'Umrah. Ibn 'Abbas said: "In the beginning when Hajj was prescribed, the people used to trade at Mina, 'Arafah, and at the market place of Dhul-Majaz ¹⁷ during the Hajj season, but they feared it might be forbidden for them while in a state of ihram. Thereupon Allah revealed the verse (Qur'an 2: 198):

"It is no crime in you if you seek of the bounty of your Lord (during pilgrimage)," This is reported by Bukhari, Muslim and Nasa'i.

Commenting on the above verse, Ibn 'Abbas adds: "The people used to shun business while in Mina, so they were instructed to engage in business or trade while pouring down from 'Arafah." ¹⁸

Abu Omamah At- Taimi narrates that he said to Ibn 'Umar: "I rent mounts to people during Hajj season, and the people tell me that my Hajj is void."
Ibn 'Umar asked him: "Do you not don Hajj garb, say talbiyah, go around the house of Allah, pour down from 'Arafah, and stone the Satan?'''
The man said: "Yes, I do."
Ibn 'Umar said: "Then your Hajj is quite valid (and you will be rewarded for it). A person came to the Prophet (peace be upon him) and asked him something similar to what you asked me, whereupon the Prophet (peace be upon him) remained silent until this verse (Qur'an 2: 198) was revealed to him. "It is no crime in you if you seek the bounty of your Lord (during Hajj season)." Then the Prophet (peace be upon him) sent for the man and recited the verse to him, saying: "Your Hajj is valid."
This is reported by Abu Daw'ud and Sa'id ibn Mansur. AI-Hafiz Al-Mundhri said Abu Omamah is not known (as a narrator)

 Ibn 'Abbas says that a man asked him: "I hire myself to these people to guide them in performing their rites for Hajj, will 1 have a reward for Hajj?" Ibn 'Abbas said: "Yes." (and he then recited) "To these will be allotted what they have earned; and Allah is quick in account.’¹⁹

This is transmitted by Al-Baihaqi and Ad-Daraqutni.

Footnotes:

1    The person intending to perform Hajj should not sell his clothes, his personal belongings, or his house - even if they were abundant - to get money for Hajj.

2    Qur'an 3:97.

3    Ad-Daraqutni considers this hadith sound.

4    Transmitted by Tirmidhi, but among the narrators of this hadith are included "Halal" ibn Abdullah,  who is `           unknown, and "Al-Harith" whom Ash-Sha'abi and others have described as a liar.

5    A report which is traceable in uninterrupted ascending order of the narrators to its first authority.

6    A hadith transmitted by a successor (a tab'ii, young or old, without mentioning the Companion who        might have heard it from the Prophet directly. Ash-Shafi'i considers such a hadith weak, while Abu

      Hanifah and Malik consider it sound.

7    A hadith reported from a Companion through words or acts uninterruptedly or otherwise

8    Reported by At-Tabarani on sound authority.

9    The boy will be rewarded for his obedience, while the mother will be rewarded for helping and

      instructing him to perform Hajj. This hadith is also reported from 'Umar.

10 An-Nawawi said: "The guardian who declares the state of ihram on behalf of a non-discerning

      minor, is the guardian of his properties, i.e. his father, grandfather, or the guardian appointed by law.

      Concerning the mother, the scholars differ. Some are of the opinion that her ihram on his behalf  is only

      valid if she is appointed by law as his guardian. Others claim that her ihram is valid even if she is not

      the guardian.

11  Al-Hafiz said in his Al-Fath: "According to the scholars, the condition for being a mahram to a

      woman is that legally it should be impossible for such a man to ever marry her.

12  Reported by Bukhari and Muslim; the words given here are of Muslim's.  This order underlines

      something desirable; it does not obligate the husband or the mahram to travel with the woman, If there

      is none else but him. No one is obligated to give up his convenience so that another person might do

      what is not required of him.

13 Bukhari

14  Reported by the Group

15  Abu Daw'ud and Ibn Majah

16 Ahmad and Abu Daw'ud

17 A place close to "Arafah.

18 Abu Daw'ud

19 Qur'an 2:202