Hunting a land *animal or pointing it out for the purpose of hunting or using any other method for this, all are haram involving kaffarah in each case, even if he be in a die condition when the haram becomes halal to the extent of saving life. The kaffarah is the price of the animal hunted as given out by two different men of justice (Adil) of the place. If the price of the animal is not available at that place, then the price as ascer
*: Whether this animal is Halal in Haram, in either case the kaffarah is essential. However in respect to haram animal, the kafara is not more then a goat, even if its price be more than that of the goat. For example if the hunter kills an elephant, the wajib kaffara is only a goat.
tained at the nearest place in the vicinity. The price given out by an independent just man will also be acceptable.
PROBLEM:- By the animal of land (jungle) is meant the animal which is born in dry tract of land, even it remains in the sea/water. As such, hunting of sea-gull and the duck belonging to jungle, will necessitate kaffarah.
Similarly, by the sea or the water animal is mean the animal born in water, although at times it remains in the land.
Domestic animals such as cow, buffalo goats etc if they remain in the jungle and are seared away by the presence/sight of human beings, can not be called as animals of jungle or wild animals. Similarly if some wild animal is tamed and reared by man, it shall remain wild animal. Therefore if some one hunts a tamid deer, kaffarah will have to be paid.
PROBLEM:- If a wild animal becomes the property of or local resident or be himself catches it or gets it caught by some one else or purchased it on payment its hunting will involve kaffarah.
PROBLEM:- Hunting of a sea-animal is permissible although it at times comes and stays on land.
PROBLEM:- To offer the kaffarah for hunting the animal if he wants he may purchase goat, sheep, lamb etc, equal to the cost of the hunted animal and offer them for sacrifice in the Haram and distribute the mat among the beggars or if he desires to he may purchase grain with that price and distribute and it among the poor, keeping in mind that the quantity of grains for each recipient should be equal to the Sadaqah-e-Fitr he may keep one day's fast and if a portion of the grain which is less than the quantity of sadaqah-e-fitr, may be given to any poor man or keep a days fast in place of the grain, even if the cost of the remaining grant falls short of a sadaqah-e-fitr.
PROBLEM:- The animal of the kaffara should be slaughtered within the Haram, any sacrifice outside the Haram will nit fulfill the requirement of the kaffarah.
PROBLEM:- If the person offering kaffara eats the meat of the slaughtered animal, he must pay the price for that meat as Ransom.
PROBLEM:- If the kaffara animal is stolen or he offer the live animal by way of kaffara as a sadaqah, then it will not be accepted and the requirements of the kaffarah will not be fulfilled. However, if the most of the slaughtered animal is stolen, the kaffarah will be deemed to be fulfilled.
PROBLEM:- If the kaffarah is wounded (seriously) but is does not die or any limb of it is cut or the hair/quail is plucked, then the less so occurring in the animal should be compensated as kaffarah equal to the cost of the loss in the animal. However, if the animal dies an account the injury, then the full cost of the animal should be paid by way of wajib kaffarah.
PROBLEM:- If the Mohrim (the pilgrim wearing Ahram) catches a wild animal (from a jungle) it should be released and kept at a place where it may take refuge or shelter. If he releasing the animal any where in the city where it is likely to be caught again, then he shall have to pay the penalty.
PROBLEM:- If two or more Muhrims jointly hunt the animal then each one of them will have offer kaffarah in full.
PROBLEM:- The locust is a land creature, killing it will necessitate kaffarah which may be only a date.
PROBLEM:- If a non muhrim (person not wearing Ahram) hunts the animal the Muhrim can eat the meat provided the latter (Muhrim) neither asked the hunter, nor indicated or helped in any way in connect with the hunting. If is also necessary that the animal should be slaughtered outside the Haram.
PROBLEM:- If a person enter the Haram with a wild animal, the commend is that it should be led off, even if it may be lodged in a cage.
PROBLEM:- The man riding a horse, or he was dragging it (while on foot) will have to pay the ransom if the animal hurts some other animal or tramples over or bites another animal (killing the latter.
PROBLEM:- If he drives away some animal which on the run (an account of fear) jumps over falls into the will, or it stumbles against some hard stone etc and dies. In all the cases he will have to pay ransom.
PROBLEM:- There is NO RANSOM in killing crows, kites wolf, scorpion, snake, rats (of any kind), biting dog, lice, mosquito, tortoise, , ,biting ant, fly, ,and all fox, ,etc. when they attack, and all the wild animal which first attack (and then kill), there is no kaffarah/ ransom for killing these creatures. Even otherwise there is no kaffarah for killing (capturing) any of the sea creatures.
TO CUT THE TREES ETC OF THE HARAM.
There is a penalty for cutting any uncultivated growth like mushroom green grass, herbs, plant tree, which no one has cultivated, sown seeds and which is still fresh (not dried and withered), not uprooted or broken (trunk, stems etc). The penalty is that the money equal to the affected growth should be spent in purchasing the food grains for distribution among the poor and the indigents each one's share being one sadaqah-e-fitr. If the amount is not sufficient, then the sadaqah to a single person will be permissible. It is also possible that the whole amount be given to that person to whom sadaqah is intended. It is also permissible that if the money in hand to buy a sacrificing animal, it should be done like wise, slaughtering the animal in the Haram. However he can not keep fast as a penance for his guilt.
PROBLEM:- If a person uproots the plant/tree and pays the amount for it, Yet he can not use the amount for any purpose of his own, If he has sold the plant/tree the money thus obtained should be given away as sadaqah.
PROBLEM:- A dried and withered plant/tree can be uprooted and made use of (without any penance etc).
PROBLEM:- Leaves of a tree can be plucked provided no harm/loss is caused to the tree. Likewise plucking the fruits of a fruit-producing tree is permissible provided prior sanction/permission has been secured or the price of the fruit has been given to the owner.
PROBLEM:- If some person jointly cut down a tree, then the penalty shall be only one which should equally levied among the group irrespective of the fact whether some of them are Muhrim (i.e. in Ahram), some Gair Muhrim (not in Ahram) or if all are Muhrim.
PROBLEM:- To make Miswak (stem of a plaque used as tooth brush) of any tree in the Haram is not permissible.
PROBLEM:- There is no penalty if some tree/plant is uprooted while walking or by men or animal or pegging the tents, etc.
PROBLEM:- Grazing the grass by the animal as a necessity is permissible (and there is no penalty for it). But the penalty for cutting or uprooting any growth (for purposes other than grazing) the animal is the same as already mentioned in respect of trees/plant within the limits of the Haram. However, there is no restriction is plucking/uprooting the IZFAR Grass or any other withered grass which can be used for any purpose, grass fields of these particular verities can be uprooted and there is no penalty for the same.
TO KILL THE LICE.
If a person kill lice on his clothes and throws, it the kaffara in this respect is to give a piece of bread for each lice. If the lice are two or three then the kaffara is a fistful grain. For more than this, a sadaqah is to be given.
PROBLEM:- If he washes his head or clothes or spread the clothes in the sun with intentions to kill the lice, the kaffarah is the same as is for killing the lice.
PROBLEM:- The clothes were wet and the same were spread to dry, them out in the sun due to which the lice were killed although the intention was not to kill them. In the circumstances no kaffarah is necessary.
To Pass by the MEEQAT without Ahram.
If a man comes from outside the place of Meeqat and enters Mecca Moazzamah without Ahram, Even if he has no intention to perform Haj or Umrah, the Haj or Umrah becomes wajib on him. Now, he should go back to Meeqat and put on the Ahram. If he does not go to Meeqat, but puts on the Ahram in Mecca, dam becomes wajib.
PROBLEM:- If a person passes through Meeqat without Ahram, then puts on the Ahram of Umrah, then the performs Haj or Qiran, Dam becomes essential. And if he first puts on the Ahram of Haj, then puts on the Ahram of Umrah while in the Haram.
To put on another Ahram when already in Ahram.
If a persons puts on the Ahram of Haj, then again on the day or night of Arafah, he puts on the Ahram of another Haj after the head-shave (Halq), he should as usual remain in Ahram and use the second Ahram for the next year no dam is wajib and if does not have head-shave (Halq), dam becomes wajib.
PROBLEM:- He had completed all the rites (practical) performances and only Halq was remaining, to he puts on another Ahram for Umrah. In that event `dam' becomes wajib and he also becomes sinful (guilty of breach of shariat command).
PROBLEM:- It is forbidden for the person doing Haj to put on Ahram from the 10th till the 13th of Zil Haj. If he has put on the Ahram he must break (put off) the second Ahram and offer the Qaza and the `Dam'. If he fulfill the Qaza, the Dam still remains due.
By MOHSAR is meant the person who puts on the Ahram for Haj or Umrah, but on account of certain reasons he could not fulfill his desire.
The reasons or circumstances which may prevent the fulfillment of desire for Haj or Umrah are as under:
(1) The enemy (2) Wild beast (3) Illness or disease which is likely to aggravate if he attempts journey which involves physical movements. (4) Breaking of hands/feet due to accidents/fall etc. (5) Imprisonment. (6) The death of husband or Mahram with whom she had to go on Haj. (7) Iddat (period of mourning by the widow (8) The loss of money (by way of travel expenses) or the animal of transport (9) The husband does not consent for Hajj-e-Nafil intended by the wife.
COMMANDS FOR THE `MOHSAR'
The main command for the Mohsar is that he can not put off the Ahram unless he after reaching Mecca he fulfill the requirement of Tawaf, Sa'ee and the Halq (head shave). If he desire to
put off Ahram before this, he must send the sacrifice (animal) to the Haram, when the sacrifice is done, the Ahram can be put off or he should the amount of sacrifice to the Haram so that the animal may be purchased and slaughtered *there. It is also necessary that he must express his desire, through the messenger whom he authorize to carry the money, that the animal should be sacrificed on so and so date and at so and so time, so that he may put off the Ahram after the passage of the time. If there is any delay, for some reason, in the sacrifice of which he comes to know later, by which time he has already put off the Ahram. In that event he must offer dam as he has come out of Ahram before the animal was slaughtered. It is however, not necessary for the Mohsar to have shaven his head (Halq) as a condition for putting off Ahram. It is better if he does so.
PROBLEM:- If the Mohsar is Mufrid (which means that he has put on the Ahram only for the Haj or the Umrah alone), he should send one animal for sacrifice. If he is Qarin he should send two animals for sacrifice. For this purpose, Haram is the only condition. No sacrifice out sided Haram is permissible there is however no time limit for the **sacrifice.
PROBLEM:- If the Qarin sent the money for 2 sacrifice (animals), but these only one animal could be purchased with that amount and accordingly the animal was slaughtered. This is not enough.
PROBLEM:- The Qarin performed Tawaf for Umrah but before the Wuqoof (of Arafat), he became `Mohsar', he should now only one sacrifice and in place of the Haj (which he missed) he should perform on Haj and one Umrah. The other Umrah is not obligatory for him.
PROBLEM:- If the thing which prevented him to perform Haj is passed and is no more compulsive and if there is still enough time for the Haj and the sacrifice, then he should go. If per chance he does not get Haj, he should perform Umrah and come out of the Ahram. It is also better to have the sacrifice, if he gets it, for which he had earlier sent the money.
PROBLEM:- Then can be no Ahsar after the Wuqoof-e-Arafah if he is still at Mecca. But if it is beyond his capacity to perform both Tawaf and Wuqoof, in that case he will be a Mohsar. If he can do only one thing and not the both, he will not Mohsar.
PROBLEM:- When the Mohsar sends the sacrifice and comes out of Ahram. Now he want to offer Qaza then if the Ahram was only for Haj, then as Qaza he must perform one Haj and one Umrah. If the Ahram was for the Qiran, then he must do one Haj and two Umrahs, he is also authorized to offer Qaza for the Qiran, then one Umrah or perform all the three separately. If the Ahram was for only Umrah, then for Qaza for one Umrah will be necessary.
*: Here keeping fast in place of sacrifice is not allowed, even it does not the means to offer sacrifice.
**: For the sacrifice of `Ahsar', 10th, 11th and 12th is not compulsory,, It can be done before or after these dates.
THE LOSS OR NON-ATTAINMENT OF HAJI.
One whose Haj is post, meaning thereby that does not get or the wuqoof-e-Arafat, what he should no now is that he should get his head shaven or trimming (cut short) his hair (Halq) and come out of Ahram. He can perform the Haj the next year no dam is wajib (essential) on him.
PROBLEM:- If Qarin loses his Haj, he must perform Sa'ee and Tawaf for the Umrah, again he should do Tawaf and Sa'ee as also have the Halq. In this way the dam of Qiran will be waived. He should stop reciting Labbaik immediately beginning the Tawaf on which he has already come out of Ahram. He should perform Haj the next year, There is no Qaza for Umrah which he has already performed.
PROBLEM:- The man in the class of Tomatta (Motamatta definition given earlier) brings the animal for sacrifice but the state of Tamatta becomes void (un effective) for some reason. He may do what he likes with the animal.
PROBLEM:- Umrah can not be lost as it be performed any time in the life. However, Umrah is makrooh during five days, namely from the 9th Zilhaj to 13th Zilhaj.
PROBLEM:- Tawaf is not binding on the person whose Haj is lost (Unaccomplished).
PROBLEM:- If a man loses his Haj and after doing sa'ee he does not put off the Ahram with the intention of doing the Haj the next year with the same Ahram. If he does so, his Haj will not be in order.
HAJJ-E-BADAL (HAJ BY PROXY).
There are certain conditions for Hajj-e-Badal.
(1) Hajj should be Farz (obligatory) on the man who undertakes Hajj-e-Badal on behalf of some one else (literally speaking as Hajj by Proxy), but the term Hajj-e-Badal is most common and is understood by all as such.
Explanation: If the Hajj was not Farz and he got the Hajj-e-Badal, on his behalf, then in this case the Farz-e-Hajj can not be said to he performed as Farz Hajj. If subsequently the Hajj becomes binding (Farz) on him, the Hajj already performed by proxy will not accepted or Farz haj. If he is (still) unable to perform Farz Haj, he may have, once move Haj-e-Badal on his behalf. But if he is capable to perform Haj himself he should do so.
(2) The man in whose behalf Haj-e-Badal is done should he incapable or helpless. If he is capable, he should himself perform the Haj, even he becomes incapable at a later date. But if he was capable and in a position to perform Haj before (when he should have performed Haj). Now in his state of helplessness, he can have Haj-e-Badal.
(3) The state or condition or circumstances of being in capable or help is likely to continue till his death.
Explanation: IF the cause of helplessness is removed afterwards and he becomes fit and likely to remain so to perform Haj, he should do so the previous Hajje Badal is annulled. Again the Haj-e-Badal should be for reasons which are not likely to be come normal. If however as a matter of chance (good luck) the disease or ailment becomes cured, the Haj-e-Badal already performed will be valid.
(4) The man on whose behalf Haj is under keen should have himself expressed his desire. Without his permission, Haj-e-Badal is not acceptable. However if the lawful in heritor (waris) acts performs the Haj on behalf of the , then no permission or authority is necessary.
(5) The money (for all due expenses) shall be provided by the man on whose behalf Haj is to undertaken .
(6) Only that man can perform Haj-e-Badal who has been expressly asked to do so. Haj-e-Badal by any other man is not acceptable. (However if the man nominated by the deceased refuses to go or himself does, then the Haj by another man will be permissible.
(7) The Haj-e-Badal should be performed by means of transport and not foot and the cost thereof shall be paid by man sending another man, part of journey where necessary convenience can be covered on foot, but the major part should be spent on any means of transport.
(8) The man going on Haj-e-Badal should proceed form the nature place of the sender
(9) He should put in the Ahram form MEEQAT if the donor has asked him.
(10) The Haj should be undertaken and performed with the Niyat (intent) of the sender. It is better that with the words of Labbaik he should letter the name of the man. (If he forgets the name he should declare at heart that he is doing the Haj on behalf of the man who has sent him.
All the a fore said conditions relate to the Haj and must therefore he faithfully adhered to. In case of Hajj-e-Nafil, none is binding.
PROBLEM:- Two men nominated the same man for Haj on their behalf, but he took the names of both the senders while reciting Labbaik. In this case, the Haj from neither of the two will be valid.
PROBLEM:- It is essential that the man in whom the Hajje Farz or Qaza or sunnat is due and he fears the last day of his life may come any movement (for known and unknown reasons) to make a wasiyat in this behalf.
PROBLEM:- The man on whom Haj is Farz and dies without performing the Haj nor does he make any wasiyat in this conditions, he will be deemed guilty according to the confesses of the authorities. If his successor or inheritor desires to arrange Hajj-e-Badal on behalf of the deceased. Allah in His Mercy will accept this. If however the deceased had made a wasiyat, then the Haj should be arranged with the one third of the assets left behind by the deceased, even if he had imposed any such conditions and simply stated in is wasiyat that the Haj may be arranged on his behalf or in his name.
PROBLEM:- If the one third of the assets is so much that the Haj can be undertaken from his nature place, it should be arranged likewise. Otherwise keeping the money in view some one from beyond the Meeqat should be selected form any place so that the expenses like by to he incurred may be that. If the one third of the assets can not be enough to send any man form any place beyond the Meeqat, then in that event the wasiyat becomes in operative or unpracticable.
PROBLEM:- Some one who leaves home on journey for Haj and if he dies in route to Mecca or he dies in Mecca Before Wuqoof-e-Arafah. If the Haj had become Farz in the same year, then wasiyat (for Hajj-e-Badal) is not wajib (essential). If he dies after the wuqoof, the Haj is fulfilled. If the Tawaf-e-Farz remains and he makes a wasiyat for completing this Haj, then some one should do sacrifice of BADABAH on his behalf.
PROBLEM:- However it is advisable that in the above event some such person should be sent/deputed who is himself Hujjat-ul-Islam or in other words, he has performed his own Farz Haj. If some one who has not performed Haj, the Hajje Badal will be valid. If however the man so selected has not performed his own Haj which is wajib on him, then in such a case the Haj will be Makrooh-e-Tahrimi.
SOME DETAILS OF "HADEE".
Hadee is that animal which is taken to Haram for sacrifice. They are of three kinds (1)SHAAT, which stands for goat, sheep and lamb. (2) BAQAR, or cow and buffalo. (3) Camel. The lowest among the "Hadee" is goat, If some one makes a mannat (an avowal to be fulfilled on achieving the objective) with no specific class of animal, the sacrifice of a goat will be enough.
PROBLEM:- There is no difference between the he or she animal for the purpose of sacrifice. The command applier to both .
PROBLEM:- The conditions for the Hadee animals are the same as are laid down for other sacrificed animals. This means that the minimum age of a camel is five years, cow and buffalo two years, and goat not less than one year, while the sheep or lamb should not be less than 6 month old if it appears as if of one year (in physical). In the Hadee sacrifice of a cow/buffalo/camel seven persons can share the sacrifice just as in the case of normal animals of sacrifice.
PROBLEM:- If the Hadee animal pertains to Qiran or Tamatto, it is better if some meat is taken (eaten) by the man himself, likewise there is no objection if some meat of Hadeel is eaten while it is a Nafil sacrifice and it has reached the Haram. If the animal has not reached the Haram, then the owner can not partake of meat, it is the right of the poor and the indigent. The meat of the Hadee animal which he is permitted to eat, can also be offered to rich and well to do persons. The animal of which flesh/meat is permitted to partake can not receive any benefit form its skin.
PROBLEM:- The sacrifice of Qiran and Tamatto can not be made before the 10th of Hilhaj. And if it is done after 10th Zilhaj it will be valid, but 10th is better. It is essential that the animal should be in the Haram, Mina is not obligatory. However if it is done on the 10th, then to do so in Mina is sunnat, and after the 10th it is sunnat if the sacrifice take in Mecca. The slaughter of the Badanah animal of Mannat is not obligatory in the haram as a condition. when in the mannat no such condition was imposed before hand.
PROBLEM:- It is preferable that the meat of the Hadee (animal) is distributed among the poor and needy of the Haram. The of the camel should be given away in the charity. Nothing should be given to the butcher except by way good will gesture.
PROBLEM:- It is not permissible to ride or load on hadee animal unless it is absolutely necessary. In the later case the deficiency suffered by the animal in any way should be made good through charity to the poor.
PROBLEM:- It is not permissible to milk a hadee animal and if under some compulsion she is milked then the some (milk) should be given away or charity, and if the milk is kept, then its price should be given over to some needy person.
PROBLEM:- If the Hadee animal gives birth to a young one, then either it should be given as charity or it should be slaughtered along with the animal. Or if he sells the young one or kills it, then its price should be given away as charity. It will be permissible if with the price so received another animal of sacrifice is purchased.
PROBLEM:- If some one slaughter the animal of other person by mistake while the latter also slaughter the animal of that person, then the sacrifice, of the' both the persons will be acceptable.
PROBLEM:- If some animal meant for sacrifice in the Haram is already to die on the way, then should be slaughtered and the rope etc on the animal should be stained with it blood together with the hump (or side way) so that some illegible person (such as rich and well to do) may not eat its flesh/meat. If the animal was by way of Nafil, then it is not obligatory to purchase another animal in its place. If it was wajib, then another wajib animal is necessary. If he suffer form some defect which does permit the rightful sacrifice, then he may what he likes with it, but he should purchase another animal if it is wajib.
PROBLEM:- If the animal has reached the Haram and is about to die, then it should be slaughtered and given over as charity among the poor, but he should not eat of it, even if it is Nafil. If the animal suffer from some minor thing an is still fit for sacrifice, it should be sacrificed and he can also eat (as a token of blessing).