Al – TAWAAF
In Umrat-ul-Tamat'toe, the second obligation is Tawaaf and its deliberate non-performance invalidates the Hajj, whether or not he was aware of the rule or the subject. To delay its performance till the time when it would no longer be possible to perform it as it would be time for the stay in Arafah, then the Umrah will be invalid and it is apparent that the ihram will also be invalidated. Reverting to Hajj-ul-Ifraad is not sufficient even though one should do so as a matter of caution and in both situations, it is obligatory on him to repeat the Hajj in the following year.
THE CONDITIONS FOR TAWAAF (CIRCUMAMBULATION)
There are certain matters relating to Tawaaf:
First: Niyyah: The Tawaaf is invalid if there is no intention to perform it for the purpose of attaining nearness and obedience to Allah.
Second: Cleanliness from urine and excretion and if one performs the Tawaaf despite such uncleanliness, whether deliberately or out of ignorance or by oversight, the Tawaaf is invalid.
If in the course of the Tawaaf, the pilgrim in the state of ihram passes wind, water or excretion, then:
(i) if he does so before completing the fourth round,the Tawaaf is invalid and he must repeat it after performing wudhu;
(ii) if it occurs involuntarily after completing the fourth round,he must interrupt the Tawaaf,perform wudhu and complete the Tawaaf from where he had interrupted it;
(iii) if it occurs after completing the fourth round, but occured deliberately,then, as a matter of caution, he must complete the Tawaaf after performing wudhu and repeat the Tawaaf.
If the pilgrim entertains a doubt about being in wudhu before commencing the Tawaaf, then if he remembers having performed wudhu and the doubt relates to whether it was subsequently broken or not, he should ignore the doubt,else it will be obligatory on him to perform wudhu and the Tawaaf. However if that doubt arises in the course of the Tawaaf, then if he remembers having performed wudhu before, the ruling is as already stated; else, if the doubt arises before the completion of the fourth round, he must perform wudhu and repeat the Tawaaf, else he must interrupt the Tawaaf, perform wudhu and complete the remainder of the Tawaaf.
If the doubt arises about the cleanliness after completing the Tawaaf it must be ignored, although as a matter of caution it may be repeated but it is obligatory to clean oneself for the prayers (salaat) after the Tawaaf.
If it is not possible to perform wudhoo for a reason not likely to change, tayammum must be performed for the Tawaaf and if even tayammum is not possible the Tawaaf itself cannot be performed. When all hope of possibility fades, a deputy must be appointed to perform the. Tawaaf on his behalf and, as a matter of recommended caution, he must also perform the Tawaaf without wudhu or tayammum.
When the periods of Haiz and Nifas are over and on Mujnib, ghusl is obligatory for the performance of Tawaaf and if it is not possible to do so and there is no hope of any possibility of ghusl, then the Tawaaf must be performed with tayammum. In such a case, as a matter of recommended caution, a deputy must also be appointed to perform the Tawaaf and if even tayammum is not possible, the appointment of the deputy will be confirmed.
If in the course of Umrat-ul-Tamatoo, a lady whether in the state of ihram or not gets into menstruation, then, if there is sufficient time for performance of the Umrah, she should wait for the period to be completed, perform her ghusl and then perform the Ihram. If, however, the time is short, two situations can arise:
Firstly, if the period commenced before getting into the state of ihram, she should change to Hajj-ul-Ifrad and on completion of the ceremonies for Hajj, if possible, it is obligatory on her to perform the Umrat-ul-Mufradah.
Secondly, if the period commences after getting into the state of ihram, then she has the choice of either performing the Hajj-ul-Ifraad as stated in firstly above or to perform the ceremonies of Umrat-ul-Tamatoo without performing the Tawaaf and its prayers. After Saee she should perform Taqseer and then wear the ihram for Hajj. On returning to Makkah after completing the ceremonies of Mina she should perform the Tawaaf of the Umrah before performing the Tawaaf for the Hajj. If even then the bleeding should be continuing and she is convinced that it will continue until after return from Mina, she should appoint a deputy to perform the Tawaaf for her. She should perform the Saee herself.
If the bleeding commences when the lady in the state of ihram is in the course of Tawaaf, then if it occurs before the completion of the fourth round, the Tawaaf is invalid and the rule in her case is as stated above but if it occurs after the completion of the fourth round, what was performed is valid and it is obligatory to complete the remainder of the Tawaaf after ghusl. In both the situations, as a matter of caution, if time permits, she should perform a complete Tawaaf afterwards. Else, she should perform Saee and Taqseer, wear the ihram for Hajj and on her return to Makkah from Mina after completion of the ceremonies there she should perform the Tawaaf by way of qadha before performing the Tawaaf for the Hajj.
If the bleeding commences after completion of the Tawaaf but before saying the prayers (salaat) for the Tawaaf, it is valid and she should say the prayers after performing her ghusl but if the time is short, she should perform the Saee and Taqseer and say the prayers by way of qadha before the Tawaaf of Hajj.
If a lady has completed her Tawaaf and said her prayers (salaat) for the Tawaaf and then feels the bleeding but is uncertain as to whether it commenced before the Tawaaf or the prayers or during one of them or after completion of the prayers, she should proceed on the basis that the Tawaaf and the prayers are valid. However, if she knows that it commenced before or during the prayers, the preceding rule will apply.
If, when a lady enters Makkah she is able to performs the Umrat-ul-Tamat'toe but deliberately postpones its completion until her monthly period commences and the time becomes short, it is apparent that her Umrah becomes invalid. As a matter of caution, she should change to Hajj-ul-Ifraad and has no choice but to perform the pilgrimage again in the following year.
In an optional Tawaaf, cleanliness is not a prerequisite and is valid without it but it is essential for the prayers (salaat) which are not valid without it.
It is sufficient for a disabled person to clean himself according to his condition. For example, he may be helpless or incontinent of urine or afflicted with intestinal ailment and may not be able to control himself. As a matter of caution, he must do both, if possible, perform the Tawaaf personally and appoint an attorney to perform it on his behalf. In the case of abnormal menstruation, as a matter of caution, if it is little, she should perform a separate wudhoo for both the Tawaaf and the prayers; if it is moderate, she should perform a ghusl but a separate wudhoo for both of them and if it is intense then she should perform a separate ghusl for the Tawaaf and the prayers without the need for wudhoo if there is no urination. If there is, then, as a matter of caution, wudhoo would also have to be performed with the ghusl.
Thirdly, Conditions of Tawaaf: Cleanliness of the body and clothes: a Tawaaf is not valid if the body or the clothes worn are unclean (najis). The uncleanliness (najasah) which is excusable in prayers (salaat)-like blood of the size of less than a dirham is not, as a matter of caution, excusable in Tawaaf. There is no objection in carrying anything which is najis during Tawaaf.
There is no objection about blood from ulcers or wounds oozing in the course of a Tawaaf if it is difficult to restrain it. Nor is it obligatory to remove the blood from the cloth or body in the course of the Tawaaf. For a pilgrim to have with him unclean things in the course of a Tawaaf does not invalidate the Tawaaf nor items which would invalidate the prayers (salaat) if worn in them.
If the pilgrim is unaware of any uncleanliness (najasah) on his body or clothes and becomes aware of it only after completion of the Tawaaf, it is valid and there is no need to repeat it. Similarly even the prayers (salaat) after the Tawaaf will be valid if he was unaware of the uncleanliness until after completion of the prayers unless he was in doubt about the uncleanliness before the prayers or made investigation and did not become aware of it. However, the person who has a doubt but does not make investigation and finds the uncleanliness after prayers must, as a matter of caution, repeat the prayers.
If the pilgrim forgets about the uncleanliness (najasah) on his body or clothes and remembers of it after completion of the Tawaaf it is apparent that the Tawaaf is valid but, as a matter of caution, it is better to repeat it. However, if he remembers it after completion of the prayers (salaat) he must repeat the prayers, as a matter of caution, if he forgot as a result of negligence, otherwise there is no need to repeat it.
If the pilgrim was unaware of the uncleanliness (najasah) on his body or clothes and became aware of it in the course of the Tawaaf or he or the clothes became unclean in the course and before the completion of the Tawaaf, then if he has clean (tahir) clothes on him, he should change into clean ones and complete the Tawaaf and if he does not have them with him, then if this occurred after the completion of the fourth round of the Tawaaf, he should leave the Tawaaf, clean the clothes or himself and complete the Tawaaf. If this occurs before the completion of the fourth round, he should leave the Tawaaf, clean the clothes or himself and, as a matter of caution, perform another complete Tawaaf, even though it is apparent that it is not obligatory to repeat the Tawaaf.
Fourth: Circumcision of Males: It is apparent that as a matter of caution, if an intelligent child wears the ihram himself, he must also be circumcised. If he is not intelligent or his guardian helped him wear the ihram then it is not clear that he is required to have been circumcised for the purpose of Tawaaf, although, as a matter of caution, he should be.
If an uncircumcised pilgrim in ihram, whether of puberty or an intelligent child, performs a Tawaaf, it is invalid and, unless he repeats it after being circumcised, will be regarded as a person who has abandoned the Tawaaf.
If a person has the means to perform the obligatory pilgrimage but is not circumcised, then if he can be circumcised and can perform the pilgrimage in the same year, it is obligatory on him to do both in the same year or else, he should postpone the pilgrimage till after circumcision. If it is not possible for him to be circumcised at all, whether because of some necessity or any other reason, then it is obligatory on him to perform the pilgrimage but, as a matter of caution, he should perform the Tawaaf himself for both the Umrah and Hajj and also appoint an agent to perform the Tawaaf and say the prayers (salaat) after the Tawaaf on his behalf and he should recite the prayers (salaat) after the Tawaaf after the agent has recited them.
Fifth: As a matter of caution, it is necessary to cover the private parts during Tawaaf and the clothes have to be lawfully acquired. As a matter of caution, all the rules applicable to the clothes worn during prayers (salaat) must be observed during Tawaaf as well.