At Mina
All the schools are in agreement that the rites after the halt at al‑Mash'ar al‑Haram are those of Mina, and that departure from Muzdalifah is after the sunrise, and one who leaves before sunrise, passing beyond its limits, according to al‑Khu'i, must sacrifice a sheep as kaffarah.
At Mina one performs several rites which continue from the Day of Sacrifice (yawm al‑nahr), or the day of ‘Id, until the morning of the thirteenth or the night of the twelfth. The wajibat of Hajj are completed in Mina. The three days following the day of ‘Id (the 11th, 12th, and the 13th) are called "ayyam al‑tashriq."1
Three rites are obligatory at Mina on the day of ‘Id:
(1) ramy of the Jamrat al‑‘Aqabah;
(2) al‑dhabh (slaughtering of the sacrificial animal);
(3) halq or taqsir.
Agreeing that the Prophet (S) performed first the ramy, then the nahr (or dhabh) and then the taqsir, the schools disagree whether this order is obligatory and if it is impermissible to change that order, or if the order is only mustahabb and may be altered.
According to al‑Shafi’i and Ahmad ibn Hanbal, there is nothing upon one who changes the order. Malik says that if someone performs halq before the nahr or the ramy, he must make a sacrifice; and if he was performing Hajj al‑qiran then two sacrifices. (Ibn Rushd's al‑Bidayah). According to the Imamiyyah, it is a sin to change the order knowingly and intentionally, although repetition is not required. The author of al‑Jawahir says, "I have not found any difference of opinion on this point", and al‑Madarik states that the jurists are definite on this point.
Now we shall deal with each one of these rites under a separate heading.
- 1. There is disagreement about the Ayyam al‑Tashriq as to whether they comprise two or three days. As to their naming, it is because during those days the pilgrims used to dry strips of the meat of the sacrificed animals in the sun.
- The Five Schools of Islamic Law
- Preface
- Foreword
- Part 1: Ibadah
- 1. Taharah, Ritual Purity
- Al-Ma' al-Mutlaq (Pure Water)
- Al-Ma' al-Musta'mal (Used Water)
- Mixed Water (al-Ma' al-Mudaf)
- Al-Kurr and al-Qullatan
- Flowing and Stationary Water (al-Jari wa al-Rakid)
- Purifying Najis Water
- Al-Najasat
- Taharah
- Rules of the Closet
- Al-Mutahhirat (The Purifiers)
- Conditions Requiring Wudhu
- The Objects of Wudhu’
- The Essentials of Wudhu’ (Fara'id al-Wudhu’)
- Conditions of Wudhu’
- Mustahabbat of Wudhu’
- Doubt Regarding Taharah and Hadath
- Ghusl
- Ghusl al-Janabah
- Acts Whose Validity Depends Upon Ghusl al-Janabah
- The Essentials of Ghusl al-Janabah
- Menstruation (al-Hayd)
- The Menstruating Age
- The Period of Menstruation
- Rules Applicable to a Ha’id
- The Manner of the Ghusl
- Al-'Istihadah
- Nifas
- Touching a Corpse (Mass al-mayyit)
- The Rules Pertaining to a Dead Body
- The Person Giving Ghusl (Ghasil)
- The Manner of Bathing the Dead
- Hunut
- Kafan (Shroud)
- The Death of an Indigent Person
- The Salat Performed Over a Shahid
- The Salat Offered for Children
- Funeral Salat in Absentia
- The Awliya' of the Deceased
- Uncertainty Concerning a Corpse
- The Manner of the Samt
- The Place of the Salat
- Time of Salat over the Deceased
- The Burial
- Disposing a Corpse into the Sea
- Making the Grave at Level with the Ground
- Reopening the Grave
- Al-Tayammum
- 2. Salat, Ritual Prayer
- Salat
- The Qiblah
- The Rules of Modesty
- Wajib Covering During Salat
- The Place of Salat
- Adhan (Call for Prayer)
- The Essentials (Arkan) of Salat
- Error and Doubt During Salat
- The Friday Prayer
- The ‘Id Prayers
- The Prayer of the Eclipses
- Prayer For Rain
- Salat al-Qada’
- Salat al-Jama'ah
- Salat During Travel (Salat al-Musafir)
- The Invalidating Causes of Salat (Mubtilat)
- 3. Siyam, Fasting
- Disappearance of the Excuse
- Conditions (Shurot) of Fasting
- Muftirat
- The Various Kinds of Fasts
- Obligatory fasts
- Qada' of the Ramadan Fasts
- Fasts of Atonement (Kaffarah)
- Prohibited Fasts
- The Doubtful Days
- Supererogatory Fasts
- Reprehensible (Makrah) Fasts
- Evidence of the New Moon
- The New Moon and Astronomy
- 4. Zakat and Khums
- 5. Hajj, The Pilgrimage
- The Hajj
- Al‑‘Umrah
- The Forms of Hajj
- The ‘Ihram
- Tawaf
- Sa'y
- Taqsir
- The Wuq’uf
- At Mina
- Jamrat al ‘Aqabah
- The Number of Jimar
- Jamrah of the Tenth of Dhu al‑Hijjah
- Hady
- The Kinds of Hady
- For Whom is Hady Wajib?
- The Requirements of the Hady
- The Time and the Place of the Sacrifice
- The Flesh of the Hady
- The Substitute Duty (al‑Badal)
- Dhabh by a Wakil
- Qani’ and Mu’tarr
- The Substitute for Camel Sacrifice
- Taqlid and Ish’ar
- Charity to Non‑Muslims
- The Burning or Burying of Slaughtered Animals
- Between Makkah and Medina
- The Night at Mina
- The Dhu al-Hijjah Moon
- Ziyarah of the Greatest Prophet (S)
- History of al-Haramayn al-Sharifayn
- 1. Taharah, Ritual Purity
- Part 2: Personal Law
- 6. Marriage
- The Marriage Contract and its Conditions
- Capacity to Enter into a Marriage Contract
- Stipulation of Conditions by the Wife
- Claim of Marriage
- The Prohibited Degrees of Female Relations (al-Muharramat)
- Matrimonial Guardianship
- Al-Kafa'ah (Equality)
- Al-'Uyub (Defects)
- The Option to Include Conditions (Khayar al-Shari)
- Al- Mahr
- 1. Al-Mahr al-Musamma:
- Conditions of Mahr
- Mahr al-Mithl
- Immediate and Deferred Payment of Mahr
- The Wife's Right to Refuse Her Conjugal Society
- Inability of the Husband to Pay the Mahr
- The Father and His Daughter-in- Law's Mahr
- Consummation and Mahr
- Wife's Crime Against Husband
- Al-Khalwah
- Half the Mahr
- An Exceptional Case
- Disagreement between the Spouses
- Dowry (al-Jihaz)
- Lineage (Al-Nasab)
- Artificial Insemination
- Custody (Al-Hidanah)
- The Right to Maintenance
- Determination of Maintenance
- Maintenance of Relatives
- 7. Divorce
- Divorce
- Al-Khul'
- Al-'Iddah
- Return To The Divorcee (Al-Raj’ah)
- The Acceptance of a Claim without Proof
- Court Divorce (Talaq Al-Qadi)
- Al-Zihar
- Al-Ila'
- 8. Wasaya, Will and Endowments
- 9. Inheritance
- Rules Concerning the Heritage
- Causes of Inheritance and Impediments
- Distribution of the Heritage
- Al-Ta'ib
- Al-'Awl
- Exclusion (al-Hujb)
- The Return (al-Radd)
- The Inheritance of a Fetus; Disowned and Illegitimate Children
- The Marriage and Divorce of an Ill-Person
- The Father's Share in Inheritance
- The Mother's Share in Inheritance
- The Inheritance of Children and Grandchildren
- The Inheritance of Brothers and Sisters
- The Maternal Grandfather
- Grandmothers
- The Inheritance of Paternal and Maternal Uncles and Aunts
- The Inheritance of the Spouses
- A Missing Person's Property
- Inheritance of Persons Killed by Drowning, Fire and Debris
- Illustrations
- 10. Waqf
- 11. Hajr, Legal Disability
- 6. Marriage
- Bibliography