QURAN AND TAMATT'O

  THE PROCEDURE FOR QIR'AN

 PROBLEM:- If the Qarim does not possess enough money to purchase the animal (in excess of the minimum required in connection with the Haj) nor does have material assets which may fetch him money after sale there of to secure the sacrificial animal, then he must keep fasts for ten days (in lieu of the animal sacrifice) three which should be kept at that place between the first of shawwal and the 9th of Zil Haj after putting on the Ahram, especially on the 7th, 8th and 9th or before this, in any case, preferably he must complete fasting by the 9th. He may choose difference dates to his convenience, it is not obligatory that the three fasts must be kept on consecutive days. The remaining seven fasts can be kept after the period of Haj is over which means after the 13th Zil Haj. On the 13th or before this is not allowed of these seven fasts he may keep them while there or keep them at home after return form Haj, which is preferable. In any case the night for these fast should be done during the preceding night. Affirmation of Niyat is compulsory.

PROBLEM:- If the three fast are not kept before the 9th, the keeping of fast after wards will not be enough Dam, has become essential. He release himself from further compliance he must offer dam after which he will be free. If he can not afford `dam' either he should get his head shaven or hair cut, he can come out of the Ahram. Now two dams have become wajib.

  THE PROCEDURE FOR TAMATT'O

PROBLEM:- When Dam is wajib on him, he should do the Halq or Taqseer on the Day of sacrifice (Yaam-e-Nah'r) after the `Rami'.

 PROBLEM:- If he can not afford sacrifice, he should keep fast as is due on the Haji of Qir'an.

 PROBLEM:- If the Motamatta (one doing Tamatta) has not brought the animal of sacrifice with him, he will become free after doing the Umrah. And if has brought `Hudi Mut'ah' he shall remain with Ahram so long as does not fulfill all the processes of the Haj.

 PROBLEM:- The difference between the person who brings the animal of sacrifice and the one who does not bring the animal is that if he did not bring the animal and puts off Ahram after doing Umrah and again he puts on Ahram for Haj than if there is any Janayat the penalty is like the Mufrid and if the Ahram of Umrah was on, the penalty is like that of the Qarin. And if he has brought the animal, then the penalty in any case is like that of Qarin.

PROBLEM:- If the person doing "Tamatt'o" renders his Haj and Umrah invalid (spoils their sanctity) then he has compensate them by offering (performing) the Qaza (by repeating them) and pay the penalty for by giving dam, but the sacrifice of Tamatt'o is not due against him.

 (1) Sexual intercourse with a woman (wife) (2) Kissing (3) Touching he body (4) embracing or hugging her (5) behaving like her (6) describing the woman (wife) in front of other women (to excite passion) (7) obscenity (8) committing act of indecency or sin (9) involving in worldly embroilment (10) hunting in the jungle (11) to point and to some one else at the animal of hunting (12) or suggest this in other way (13) to supply gun, bullet, knife to some one to slaughter the animal (14) to break the eggs of the bird (15) to pluck the quill of the bird (16) to milk the animal (17) to cook the meat (18) or the egg of animal (19) roasting (20) selling (21) purchasing (22) eating (23) clipping of one own nail or of others (24) cutting any hair from head to foot (25) to cover face (26) head with any cloth (Note:covering of face by a woman is permissible, rather it is obligatory to cover the face in the namaz and before any stranger (na'mahrum). However covering face is also haram for a woman, but he should some thing like hand fan on her face before a stranger.) (27) placing the bundle of cloth on the head by men (the woman can) (28) to wear turban (amama) (29) wearing veil (30) hand gloves (31) socks which cover the middle of the sole. If the foot wear (boot/shoe) is not there to the cut the sock wear all these foot - things is not allowed (32) to put on stitched cloth. To use perfume for (33) hair (34) body (35) clothes (36) To wear newly coloured clothes when the smell is coming one due to dampness (37) pure smelling musk, amber, saffron, javitri (mace), clove, cardemoms (Ilaichi, cinnamon (darchini), dry ginger (zan jabeel) (38) To tie any wet smelling thing with any corner of the head cover (dopatta) such as musk, ambar, wasma or mifrtle (mehndi or henna), saffron to wash hair with some highly incensed thing to kill the lice (39) To use hair dye (40) To set the hair with any sticky substance like gum (41) to use olive or til oil even they be non smelling (42) to shave some one's head (even if he be without Ahram (43) to kill lice, throw it or ask some one to do it (44) to wash clothes in order to kill the lice (45) to spread the cloth in the sun (46) to use mercury in the hair. All the things /activities are earned on to kill the lice, or destroy them.

  These things are MAKROOH in Ahram.

PROBLEM:- Things which are not permissible in Ahram if committed or breached unintentionally would not amount to sinning, but they would entail penalty which has to be paid whether the error is willful or unintentional or forced by some one or it may occur during sleep.

 PROBLEM:- If any unlawful act is committed without any excuse, they kaffara (penance) will be necessary and he will be deemed a sinner, in which case he must offer repentance (taubah), only paying kaffara is not enough. On any even the compensatory penance is essential whether the commission of unlawful act is intentional or by mistake (unintentional) he is aware of the commitment or he is ignorant, willingly or forced by some one else, while awake or during sleep, under the influence of some intoxicant or in full senses, he has himself committed the fault or at the behest or command of some one else. In any case compensation/penance is obligatory.

 PROBLEM:- Where there is a command for `Dam' and the fault has been committed under *duress, it is permissible that instead of `Dam' he may offer SADAQAH to six indigent (miskeen) people with a SADAQAH for each or feed six miskeen two times each to their satisfaction or himself keep fast for three days. And for the fault only Sadaqah is demanded and the act has been forced on him he should keep for one day to fulfill requirement of the Sadaqah.

 PROBLEM:- Where there is one DAM or one SADAQAH (on Mufrid) on `Qirbani" these are two

 PROBLEM:- In the event of sacrifice by way of thanksgiving (Shukrana) he may himself eat it or feed any well to do person (besides Kith and Kin), but in the case of Sadaqah the whole lot should go to the poor and the **indigent.

  To use oil or perfume

 PROBLEM:- If the perfume is of good quantity with the people declare as such, whether it applied on a small part or a big one, e.g. head, face, thigh, calf, a shin in small or enough quantity,

 PROBLEM:- The quantum of perfume sprinted on the person or the bed would determine whether dam is necessary or a sadaqah is enough, if the quantity is enough, then Dam and it the quantity is normally small, then sadaqah will next the demand of penance.

 PROBLEM:- To small a fruit or a flower does not entail a compensation (kaffara), but it is makrooh for the person who is in Ahram.

 PROBLEM:- The perfume was used before wearing Ahram but after the Ahram it spread on other parts, than in this case there is no kaffarah.

 PROBLEM:- Using a fragrance collgrium (surma) once or twice would need a sadaqah, more than this, the dam is necessary. The collgrium which has no smell (fragrance) is permissible in the case of a necessity, without necessity or as a fashion it is makrooh.

 PROBLEM:- To eat things of natural Smell such as musk, saffron, clove, condomon and in a quantity that it spreads on other parts of the mouth, in this case DAM is essential, otherwise Sadaqah.

 PROBLEM:- When any perfume is mixed up with the water, then if the fragrance is dominant or if the water was taken thrice or more times, Dam is obligatory otherwise sadaqah id enough.

 PROBLEM:- Those addicted to chew befell leaf (Pan) should avoid using Pan within the Haram, because the leaf is itself smelly and other subsistence such as musk etc more it highly smelling.

 PROBLEM:- To take khamira (thick syrup) of Tobacco ordinarily should not be taken because there is smell in it, there is no kaffara, however, if it is taken.

 PROBLEM:- Using the oil of Jasmine (roghan-e-chambeli) has the same conditions as are applicable to using fragrance a high smelling saints etc.

 PROBLEM:- The oils of `til' (oil of sesamum) or olive belong to categories of fragrance, However if there is no smell in them, then in taking or apply them on wounds a pouring in nostril a ears no sadaqah is called for.

 PROBLEM:- Musk Amber, Saffron etc are by themselves things of fragrance, to use them in their natural form would entail kaffarah, even if they are used as medicines.

 PROBLEM:- When the musk etc is mixed with other no smelling substances would need examining the quantum of fragrance left in the mixture. On that rests the question of penance or otherwise in this case.

 PROBLEM:- Using of perfumes is an offense, it is thus necessary to remove the perfume from the person and the clothes. If after kaffarah it is not removed, then Dam will become compulsory.

 PROBLEM:- If the man suffers from intermittent fever, He puts the dress on the day of fever and puts at off the next day, the third day he again puts on the dress, now till such time the fever does not subside the fault of shall be deemed only one.

 PROBLEM:- If he puts on the stitched clothes and paid the penalty but does not remove the stitched cloth, then again the kaffara becomes due. Similarly, if he does not remove the stitched clothes while putting on the Ahram, then this becomes faults.

 PROBLEM:- If one mohrim (one who wear Ahram) clothes another mohrim with stitched clothes or a clothes having some kind of fragrance then the fault shall be on the mohrim who put on forbidden cloth and not on the man who makes him wear the faulty clothes.

 PROBLEM:- If the man or the woman one fourth of the tikli (a kind of ornament) or whole, puts beside his mouth or if the man covers the entire head or only one fourth of it and keeps in thus then this hiding of tikli a head is a fault requiring Dam and hiding less than this then sadaqah to due or he hides less than one fourth past for nearly twelve hours, then sadaqah is due for less than this there is no kaffara, but it is a sins.

 PROBLEM:- If the Mohrim (man in Ahram) puts a bundle of cloths on his head, then kafara is due. But if he puts the bundle bag of corn, a pluck of wood or some metal vessel, there is no kaffara in the latter case. And he covers his head will wet clay, then there is kaffara .

 PROBLEM:- To cover the ears and the adjoining area in not to be penalized, similarly there is no harm in putting the hand over the nose. If there is a cloth in the hand and in this condition if the hand is put on the nose, here also there is no kaffara but it is makrooh and an act of sin.

 PROBLEM:- To put on the clothes means wearing them in the habitual way, each piece at its proper place like Qameez, Shalwar etc. If some one simply puts on the normal clothes, e.g. Shirt at the foot or Shalwar for Qameez, then there in no kaffara in doing so.

 PROBLEM:- to cover the entire neck and one whole armpit demands dam and in less than this, there is sadaqah is the compensation. Same applies in part below abdomen. If both the arm pits are covered, the penalty is one dam for both together.

 PROBLEM:- To remove by any means one fourth of hair of head or beard a move, calls for a dam.

 PROBLEM:- To shave/cut the moustache full a less the atonement sadaqah.

 PROBLEM:- While cooking bread (etc) if some hairs get burn, sadaqah is the compensation, similarly while making ablution or in scratching some hair fall of sadaqah should be offered. Some say that if two or three hairs fall down then for each hair on fist full of grain, one piece of bread or one dry date is the sadaqah.

 PROBLEM:- If some hairs falls without touching by hand or the hairs of the whole head fall away, there is no penalty for this no sadaqah or dam.

 PROBLEM:- If the woman cuts her one third hair of head or the entire head trims with scissors, she must offer dam and for less there is sadaqah.

 Clipping of nail: If a person clip the five nails of a hand or foot or all the twenty nails at one time, then dam should be given. If he does not clip all the five nails, then for each nail sadaqah, similarly for each hand and foot only four nails are clipped, then the total number of sadaqah required will be 4 by 4=16 sadaqahs. But if the total cost of all these sadaqah becomes equal to one dam at slightly less. If the five nails of one hand or one foot are clipped in one sitting, and all the five nails of the other hand or foot are clipped in another sitting, the two dams for each sitting have to be given and if he clips nails of each hand and foot in four different sitting, then four dams shall be necessary.

 PROBLEM:- If these acts by the man also excite the passion of the woman, then she too will have to give the dam.

 PROBLEM:- To look at the private part of a woman is nothing even if he gets discharge, even to look at her shame repeatedly, even then there is no penalty.

 PROBLEM:- If there is a discharge while doing masturbation (hand practice) then a dam is called for, otherwise the act is makrooh, for night discharge of wet dream there is no penalty.

PROBLEM:- If a person commits sexual intercourse before the wuqoof, then the whole Haj will become lost and destroyed. For this act he must offer dam as in the Haj. He must perform Qaza Haj in the very next year. If the woman also was in Ahram, then she too should do like these.

 PROBLEM:- If he commits intercourse after the Wuqoof-e-Arafah, the Haj in that case will not be invalid, but if he has done it before the head shave (Halq) and Tawaf, then he must offer BADANAH, if he does this after the head shave then he should offer dam, here also BADANAH is preferable. If he commits this after the Halq (shaving of head) and Tawaf, then there is penance.

 PROBLEM:- If he commits intercourse before the initial four compulsory rounds of Tawaf, then Umrah will be lost. He should offer dam and the Qaza of Umrah. If he does intercourse after the four rounds of Tawaf, then Umrah will remain valid, but he should offer dam.

 PROBLEM:- Sexual intercourse does not render Ahram invalid, and whatever is unlawful for a Mohrim (man in Ahram) is also unlawful even now.

  LAPSES (ERRORS) IN TAWAF.

 PROBLEM:- If he does Farz-e-Tawaf without wazu (ablution), then dam is compulsory and to repeat it is Musthab and on the Tawaf being repeated, even by the 12th, the dam will lapse.

 PROBLEM:- If some one does three rounds of Tawaf or less without wazu or bath, then for every round of Tawaf a sadaqah should be given.

 PROBLEM:- When Tawaf-e-Farz, the whole or greater part of it is done without lawful excuse on the riding animal, or in some lap or by dragging (legs having become motionless or in pain) or in a state of bare headness (woman) appearing any part the shame parts (man), or did the tawaf in the reverse order or passed through inside the heteem during tawaf or did it after the 12th zilhaj then in all these cases `Dam' id essential. If he repeats the tawaf correctly then Dam shall not remain binding. If the man returns home (native country) without repeating /regularizing the error, then he must the price of a goat should be remitted to Mecca so that the Dam may be given, there is no need for him to go back to Mecca for the same.

 PROBLEM:- If the man returns home after doing four rounds of Farz-e-Tawaf, or in other wards 3 or 2 or 1 round was left, then in that even dam will be wajib. If he himself does not come back and sends the money then the dam will not he compulsory.

 PROBLEM:- Instead of the Farz-e-Tawaf, some other tawaf in full or in part is done without purity (wazu or bath), then if he has done the full or greater part of tawaf in a state of sexual uncleanliness then dam should be given and if did the tawaf without the wazu (when only wazu was necessary) then sadaqah should be given. If he does three or less rounds of tawaf in a condition of janabat (sexual impurity) then for each round a sadaqah is necessary, if he must repeat every affected part, in that event the kaffarah shall stand with dam.

 PROBLEM:- If he does the entire Farz-e-Tawaf or a greater part of it (without any lawful reason) in the carrier animal or in some one's lap or by crawling (instead of walking on foot in the natural way) or the violation of commands for covering the forbidden part (limbs) or passed from within the Hateem or performed the Tawaf after the 12th Zil haj, then in all these cases a dam is necessary, but if he repeats the Tawaf in full and in correct manner then the dam shall stand withdrawn. However if he returns home without rectifying the lapses by repeating the tawaf, then he should send the cost price of a goat (in money) as recompense so that the animal may be sacrificed in the Haram. In that case he will not have to return (to Mecca) for repeating and rectifying the lapses in Farz Tawaf.

 PROBLEM:- If he goes away only after doing the tawaf leaving 3 or 2 or 1 round uncompleted, then Dam becomes wajib (essential). It is enough if he only sends the money for the animal (of dam) which means that his personal visit again is not binding.

 PROBLEM:- If he performs any tawaf (other then the Farz Tawaf) in full or a greater part of it in a state of sexual impurity, then a dam is necessary or he does so without wazu (ablution) then only sadaqah is enough. Or if he does 3 rounds or less in a state of sexual impurity, then for each round, one sadaqah is be given. If he stays in Mecca Moazzama, he should repeat the Tawaf in full and correctly, in that event no compensation (Kaffara) will be necessary.

 PROBLEM:- If he fails to do the full Tawaf-e-Rukhsal (widai or farewell Tawaf) or a greater part of it, then dam is essential or if he leaves less than four rounds, then for each round, a sadaqah will have to be given. If he leaves Tawaf-e-Qudoom all together, then it will be reckoned as act of sin (no kaffara can redeem it). If he leaves even one round of Tawaf-e-Umrah, then dam is necessary. If he does not do the Tawaf-e-Umrah or a greater part of it, then he must do the Tawaf-e-Umrah again, kaffara is not necessary.

 PROBLEM:- If the QARIN (a class of Hajis already defined earlier) performs the Tawaf-e-Qudoom and Tawaf-e-Umrah, both without wazu, he should repeat the Tawaf-e-Umrah before the 10th of Zil Haj. If he does not do so till the break of the morning of the 10th Zil Haj, he will have to give dam and in Tawaf-e-Farz, he will have to perform RAMAL and SA'EE.

 PROBLEM:- In unclean/impure (Najis) clothes, the Tawaf is makrooh, no kaffara is to be paid.

  ERRORS IN SA'EE.

 PROBLEM:- If he does the sa'ee before the Tawaf and does not repeat and rectify Tawaf and Sa'ee in a fresh attempt, then Dam is essential.

 PROBLEM:- If he does Tawaf and Sa'ee in a state of sexual impurity or without wazu, in that event doing Sa'ee again is not necessary.

 PROBLEM:- For Sa'ee it is not necessary that it should done only when it is the time of Haj or that it should be done only with Ahram. Sa'ee can be done at any time it is will be lawful.

  ERRORS IN WUQOOF.

  If any one leaving Arafat before the sun-set, will have to give dam, but if he returns to Arafat when the sun has not gone down, the dam is stands withdrawn. And if he returns to Arafat after the sun set, the kaffara of dam will stand. He should also leave Arafat, willingly or under circumstances beyond control, for example, the camel on whose back he was sitting while in Wuqoof runs away from Arafat. In either case, dam is necessary.

  WOQOOF AT MUZDALFAH.

  ERROR IN RAMI.

PROBLEM:- When he does not have a head-shave (halq) in the limits of Haram, but he does so outside its limits or the does so after the 12th zilhaj or before the Rami, or the QARIN and MOTAMATTA do so before the sacrifice, on all these cases, dam has to be given.

PROBLEM:- The Halq of Umrah should also be in the limits of Haram. If this Halq also is done outside the limits of Haram. In both these cases dam is necessary, but there is time limit fixed for this.

PROBLEM:- If the pilgrim performing Haj has his head shave (halq) outside the Haram, he will have to offer two dam, one for having the halq outside the Haram and the other for doing this after the 12th Zilhaj.