Dar al-Ifta Ahl al-Sunnah
Mufti Fuzayl Raza Attari
(1) Can a mother perform her farḍ (obligatory) ḥajj if it is paid for by her son?
Q: What do the scholars of Islam say regarding the following: my brother is taking our mother on ḥajj with himself. My brother will pay for all the ḥajj expenses. In this case, if my mother performs ḥajj and she becomes wealthy enough in the future, will ḥajj become obligatory upon her again?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: In the above-mentioned scenario, if your mother performs ḥajj with the intention of obligatory ḥajj or with general intention of ḥajj, her obligatory ḥajj will be fulfilled. If she becomes wealthy later, ḥajj will not become obligatory upon her.
This is because if a poor person performs ḥajj with the intention of obligatory ḥajj or with general intention of ḥajj, their obligatory ḥajj is considered fulfilled. If they happen to become wealthy enough later, ḥajj will not become obligatory upon them again.
In fact, in this situation, a poor person should do ḥajj with the intention of fulfilling their obligation, as ḥajj has become compulsory upon him due to entering Mecca. If such a person made the intention of nafl (voluntary) ḥajj, his voluntary ḥajj will be fulfilled, but performing ḥajj again will become obligatory upon him. He will be sinful for delaying this without a reason.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
(2) Including a qurbani share of the previous year in the share of a cow
Q: What do the scholars of Islam say regarding the following: last year, qurbani was necessary upon me, but due to laziness, I was unable to carry it out. It is now my intention to put two shares in a large animal; one for last year’s qurbani and one for this year. Can I perform last year’s qurbani in this manner? Please advise.
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: In the case mentioned above, you can neither put a share in this year’s qurbani animal with the intention of fulfilling last years, nor will last year’s qurbani be fulfilled like this. Rather, in place of last year’s qurbani, you must give charity (ṣadaqa) equal to the value of a qurbani-worthy goat from the previous year. Additionally, due to not performing qurbani with a valid reason, you were sinful, so you must repent.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
(3) Is a qārin[1] permitted to shave the head after Umrah?
Q: What do the scholars of Islam say regarding the following: will the one performing ḥajj al-qirān shave his head after doing ʿumrah?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: The one performing ḥajj al-qirān will not shave his head after completing ʿumrah.
One shaves the head to exit iḥrām, whilst the qārin’s iḥrām does not end after ʿumrah. Instead, it is necessary upon the latter to fulfil the rites of ḥajj alongside ʿumrah. This means he is not permitted to shave the head before this. If he does, he will not exit iḥrām and two damm (compensatory sacrifices) will be binding upon him, as he has violated both the iḥrāms of ḥajj and ʿumrah.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
(4) A muḥrim[2] who has not performed ṭawāf shaving the head of another muḥrim
Q: What do the scholars of Islam say regarding the following: I went for ʿumrah with my wife. After completing this, when it came to shaving my head, I asked my wife to do this. Yet, she was still in iḥrām. Although both of us entered iḥrām at the same time, she delayed the performance of her ʿumrah due to being unwell, so she had not done ṭawāf or any of the other ʿumrah rites at that time. In such a situation, she shaved my head. In this case, is the shaving of my head valid, and is anything binding upon her?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: If a person is in iḥrām, he cannot shave the head of another person, whether the latter is in ihram or otherwise. Until he exits the iḥrām, he cannot shave another’s head. If a person does this he will be sinful, and expiation (kaffāra) will become necessary upon him.
Details regarding the expiation: if one shaved the head of a muḥrim, he must give charity equal to the value of ṣadaqat al-fiṭr, and if he shaved the head of a person not in iḥrām, he will still give charity but to no specified amount. He can give one date or a handful of wheat, if he wishes.
The reason for the difference is that the offence in the first scenario is more severe in comparison to the second case, as he not only violated the sanctity of his own iḥrām, but caused another person to commit an offence too. In the second case, he only violated the sanctity of his own iḥrām. In the first situation, one must pay the amount equal to ṣadaqat al-fiṭr, and in the second case, though he must still give charity, there is no amount specified for this; he can give whatever he wants.
Also, if the person whose head is shaved is in iḥrām, he must give compensatory sacrifice. If he is not in iḥrām, or if he was in iḥrām but has completed the rites of ʿumrah such as ṭawāf, saꜤī, etc., and only the shaving of the head remains; there is nothing due upon him (i.e. the one whose head is shaved). This is because when the time of exiting iḥrām came for him, he has become like the one who is not in iḥrām. Now, he may shave his own head or that of anyone else in his state (i.e. the one whose time of exiting iḥrām has come); in this issue, he is like a person who is not in iḥrām entirely.
After this necessary explanation, the answer to your question is: as the time to shave your head had arrived, through your wife’s shaving of your head, your shaving was valid, and there is no expiation upon you either. However, as your wife shaved your head whilst she was in iḥrām, she was sinful, so she should repent. It is also necessary upon her to give charity as expiation. Yet, there is no specified amount for this, as she shaved the head of a person whose time of shaving had come, so it was as though she had shaved the head of a person outside of iḥrām. In this case, an unspecified amount of charity is necessary, which has already been explained in the introduction. She can give whatever she wishes in charity; her expiation will be fulfilled.
Note: It is not a must to give this charity in the Ḥaram. It will still be valid if given outside. Nevertheless, it is preferred to give it to a poor person in Mecca, as Imam al-ShāfiꜤī رَحْمَةُ الـلّٰـهِ عَـلَيْه has a difference of opinion on this matter. He opines that it is necessary to give the charity within the Ḥaram, not outside. Our jurists are all in agreement that as long as one will not fall into a makrūh (disliked) act according to their own madhhab (school of thought) by doing so, it is mustaḥabb (recommended) for them to avoid the differences of opinion amongst scholars. Keeping in mind the opinion of Imam al-ShāfiꜤī رَحْمَةُ اللهِ عَلَيْه, it is mustaḥabb to give the charity to a destitute person in the Ḥaram.
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