The Book of Zakah Obligatory charity and tax (zakah) is to let appropriate a special proportion of property islamically the maslim poor person who is not coming from Hashimite family and not being the slave of hashimites;the appropriation must be in a way that cuts the any benefit of the owner from the property and it will be only for the sake of Allah. The requirements for the obligation of this duty are: being sane,puberty,being muslim,freedom and heving enough amount of money which a condition of being accumulated for a year was fulfilled and is not engaged with the debts and is surplus from the point of basic needs and is at the same time increasable,even it is in theory,the appropriation must be a comlete one. Insane,a child,an authorized slave for freelance business 60 / (mukatab) and person drowned in debt wanted by the creditors - athe level of his debts- are not to pay this due. There is no zakah on the hidden property (dimar);that is lost property,property fell into the sea,usurped property which has no evidence for it,property burried some where and the place is forgotten,any property seized by the goverment,any credit which is denied and has no edvidence to prove ( on the contrary of a credit confessed by the debtor,no matter whether he is rich or poor,bankrupt or dredit denied bt the debtor bu hase evidence or known by the judge).Muhammad has opposing view regarding the bankrupt and the property buried in his home and forgetten where it was buried. There are conflicting opinions about the property buried in a land or orchard. A due is to be paid off when the amount of the credit is taken by the creditor.For example one out of the fourty must be given as obligatory charity from merchandise.any property which is not like this status will be given after the creditor gets hold of at the amout of the quorum (nisab).Any think which is not considered as property is subjected to zakah when the quorum level of it is held by the creditor and of course the condition of having that property or wealth a year in hand dejure or de facto is to be observed. The two imams said that the creditor is to, pay off zakah from what he actually holds as a rule,except blood-money and the amount for the conditioned freeing the slave (kitabah) after the quorum amount was held fully and also after the year requirement was fulfilled. The requirement for the executing zakah is intention to be pronounced during the pay off time or the alloting the specific amount for that purpose. If he gives all of the property without any intention,he is exempted.If he gives some of it,no according to Abu Yusuf.Muhammad has the opposing opinion. It is really repugnant to find ways to avoid paying zakah accodrding to Muhammad.Abu Yusuf has an opposin view in this 61 / regard. If he purchased a slave for business.then he made an intention to keep him for his own sevice,its being for business become invalidated.Any one intended for service does not become a subject of business by an intention,unless he is sold. Any one who was inharited has to be subject of the same rule; ifa he intends a business from what he aquired by gift,will,marriage,khul` (dissolution of marriage contract by payment made by the wife),compromise regarding the blood-money in a murder case,then intention will work according Abu Yusuf.Muhammad has minority opinion.It is said the the opinions are just opposite. If a person vows sayin "today",or fixes the money or the poor,his conditon is void. Chapter on Zakah of Grazing Animals as-Sa'imah is an animal living on the free grazing in the majority of the days of the year. There is no zakah for less than five camels. If there is five freely pastured camels,then zakah is a sheep;if they are ten,then two sheeps,fifteen three sheeps,twenty camels four sheeps,for the camelstwentyfife-thirtyfife a she-camel of one years old is to be given as zakah.For the camels thirtysix-fourtyfife a she-camel of two years old,for the fourtysiz-sixty camels a she-camel of three 62 / years old,for the camels numbering between sixtyone-seventy five a four year old she-camel, for the camels ranging between seventyfive-ninty two she-camels of two years old, for the camels numbering between nintyone-hundred and twenty zakah are two of the three years old camels.Thenan additionalsheepfor each fivecamels uptohundred and fourtyfour camels, two of the three years old camels and a one year old camel zakah for the numbers between one hundred and fourtyfive and one hundred and foutynine camels.The zakah of the numbers between one hundred and fifty - one hundred seventyfour are three of the three years old camels and a sheep for each five camels.The zakah of the camels between the numbers one hundred seventyfive - one hundred eightyfive three of the three years old camel and a one years old camel.The zakah of the camels ranging between the numbers one hundred and eightysix and one hundred nintyfive camels are three of the three years old camels and one two years old camel.The zakah of camels one hundred nintysix upto two hundreds are four of three years old camels.Then each fifty camels will get the zakah under the rules mentioned previously for the fifty after one hundred fifty. There is no difference between the pure arab or not arab pedigree camels from the point of the zakah. Chapter There is no zakah due for the cattles less than thirty.There is one year old calf zakah fot thity sheeps pastured freely.This will be the situation upto the thirty-nine cattles.One of the two years old calf for the numbers fouty-thirtynine.According to Abu Hanifah here the calculation must apply. Zakah are two of the one year old calves for sixty cattles.For sevety cattles zakah are one two years old and a one year old calves. 63 / The calcultaion must go like this for each ten additional number.For thirty cattles the zakah is a one year old calf,for the fourty cattles one two years old calf. The buffalos are like the cows. Chapter There is no zakah for the sheep less than fourty.One sheep for the freely pastured foury sheep.This is so upto one hundred twenty.There are two sheeps zakah for the numbers one hundred and twentyone-two hundreds.Three sheep zakah for two hundred and one-three hundred and nintynine sheeps.Four sheeps zakah for four hundred sheeps.Then a sheep for each hundred. Goats are the same with the sheeps. The least level of age for the sheeps to be the subject of zakah and even to be given as part of zakah is one year. Chapter If the horses are freely pastured,male and female,zakah is due for them.The two imams have opposing view.He has choice,if he wishes, he gives one dinar for each horse or he evaluates the horses and gives one out of fourty from their values,provided the quorum is there. There is nothing to be paid for the male horses.This is unanimous. There are two different view regarding the zakah for female horses. No zakah for mules and donkeys as long as they are not for the commercial purposes. There is also no zakah for baby camels,bay sheeps and baby calves 64 / unless they are together with adult sheeps.According to Abu Yusuf one of them is to be given as zakah. There are no almsgiving (zakah) on porter animals,animals of work and animals fed by straws and grains etc. There is no zakah on freely pastured livestocks commonly owned by more than one persons,unless shares of each one of them reaches to the level of the quorum (nisab). Any one who is to allot some specific age of animal for zakah,but has no that age of animal,he may give an animal less than taht with additional money,or may give bigger than tha and gets the balace as money.It is said that the collector is free in choosing one of the ways of payments. It is valid to pay the values in zakah,tax of the fruits and land,poll-tax,compensations for religious penalties (kaffarat) and vows (nazr) and charity of Fitrah. Zkah is wiped out,if the property of zakah perishes after the conditions for executing it were fulfilled.If some part of it perishes,that proportion is to be put off. The ones which perished are to be spent for the surplus of the next remainig quorum,then for the quorum itself and all like that down to the problem.This according to Abu Hanifah.But according Abu Yusuf,it is to be spent after the first extra amount for the quorums being not itemized ( shai`). Almsgiving (zakah) is due on the quorum amount (nisab),not on the surplus according to Abu Hanifah and Abu Yusuf.But according to Muhammad is due on both of them. If fourty out eighty sheeps perish after the yearly condition was fulfilled,a sheep is due according to Abu Hanifah and Abu Yusuf and a sheep and half of a sheep are due according to Muhammad. If fifteen out of the fourty camels perish,then a one year old camel is to be alloted for zakah,but according to Abu Yusuf twentyfife parts out of the thirtysix parts of a two years old 65 / camel are to be given as zakah;according to Muhammd the due is half and one eight of a two years old camel. The collector takes the the average type of livestock,not the heighst one,nor the lowest one. If the belligerents take the zakah of the freely pastured livestocks,or the tax of fruits or poll-tax,the authorities are to announce them to give them,except poll-tax,back secretly,if they did not spend them for eligible persons. Zakah of the Gold,Silver and Materials The quorum (nisab) for gold is twenty mithqals and for silver two hundred dirhams.The zakah here is one fourth out one tenth ( that is 2.5 % ).Then each four mithqals and fourty dirhams to be counted accordingly and paid off what are due from those amounts.The two imams said that what is the extra must be counted according to that techniqueeven if it is very little amount. The valid measure here in both of them are the weiht from the points of obligation and paying the off.Dirhams mus be seven in weighing;that is ten dirhams must weigh seven mithqals. Any thing which the majority of it is gold is to be counted as pure gold,ifthe overcoming element is silver it is to beconsidered as pure silver.Any counterfeited marerial is to be evaluated,not weighed. In theis zakah of gold and silver intention for their being for trade is the prerequisite like trade materials. Almsgiving is due for the raw of the gold and silver,and their ornamented forms from them and utensils made from them. Any item or material for the trade furpose,if they reach the amount of quorums of any one of the gold and silver areto be evaluated in one of the two quorums which is more benefitful to the poor people.If one of thgem does not amount to the quorum,each one of them may be added to each other,in order to complete the quorum;one is to be added to the second by its 66 / value;according to the two imams one is to be added to the second by the quantity (not by the value). The income and revenue of a quorum is to be added to the capital in one year period and in its rule. If the nisab decreases during the year,that won't effect negatively on the capital,provided the quorum was there complete in the begining and at the end. If the person, who is actually resnposible for zakah,pays in advance for the coming years or some part of the future zakah, that is valid. There is no zakah to be taken from the minors of the tribe of Taghlib.But Their males and females are equal in zakah duty. Chapter on Zakah Collector He is aman who is appointed to stand on the public place and collect the taxex (zakahs) of teh business men.He gets one fourth out of a tenth from a muslim and and half that from the non muslim citizen og maslim state (zimmi) and from a nom-muslim who is citizen of the non-muslim state a full tenth of the property is to be taken az teh amunt of zakah,if the the quorum is there and no body knows what is the amount taken from muslims when they go to non-muslim country. If it is known that amount is to be taken,but they take the whole of the property,that won't be taken,but they are to be left with some amount of the property which helps them to reach their own homes. The collector does not take ant thing from the amount less than the quorum,even he confesses that he he has in his home the amount which completes it into the quorum. Any one who denies the completion of the year,or being free from any sort of the debts,or he claims that he had already paid the almsgiving to the poor in the city,the zakah being related to the non-freely pastured livestocks or he says reiterated with his solemn swear that he had paid to another collector,provided there is another collector,the person's words in these cases are to be accepted. 67 / There is no need a document of paying-off for the climed amount to be produced from the second collector. His wors are not to be accepted if he says that he himself paid outside of the city or he paide the zakah of the freely grazing livestocks,even in the city. Whatever are accepted by from a muslim are to be accepted from the non-muslim citizens of the muslim state,but not from the non-muslim citizens of non-Islamic state,except his words related to his girl slahe that she is his wife from whom he got a child (umm walad). If a non-muslim citizen of a non-muslim country comes second time before a year passes on his presence in the muslim state,if he has gone his own country and coming from there,he will pay the zakah second time;otherwise no. The value nof akchol is to be taken,not the value of the pig.According to Abu Yusuf if he comes with these two together,the collector takes from both of them the zakah. There is no almsgiving tax on the property left in the city,any property left by some one for trade and any property which is subject to the partnership of the type of mudarabah and the gain of a slave who was permitted to make independently business,except if there is no debt upon him and his patron is with him together. Any one from whom the taxes were taken by the belligerents and terrorists is to pay his taxes to the authorities a second time. Chapter on Mines Any one,matter whether he is muslim or non-muslim citizen of the Islamic State,who finds any kind of mine for gold,solver,iron,lead,coper etc. in a land of zakah or poll-tax,one fifth of it is to be taken from him as zakah and the rest will be for him,provided the land does not belong to any body;if it belongs to some body the rest will be owned to its owner. Any thing found in thid subject by a non-muslim who is the citizen of non-Islamic state,is considered as a boot.If he found that in his home a fifth is not to be taken from him;The two imams are of the opposing opinion.If he finds it in his land,there are two varying opinion in this regard. If any one finds a treasury which has any kind of mark related with Islam,then it is to be consedered as lost and found;any thing having some marks of kufr (disbelie) is to be the subject of tax and one fifth is to be taken,the rest may go to the 68 / finder,if it is no man's land,even if it is owned by any body according to Abu Yusuf;but to Abu Hanifah and Muhammad the rest goes to the one who owned the land at the beginning of the conquest,if he is known;otherwise it belongs to the earliest owner known in Islamic period. Any coin and things like that which can not be determined from its mint,for which state it belongs,is to be considered as non-isloamic state property according to themajority of the madhhab (zahir al-Madhab),it is said that it is to be considered as islamis in our days. Any one who entered the non-Islamic state with visa (aman) and found there in a no man's land any mine,every things belong to him.If he found it in any house,if the owner is known,it is to be returned to him. If the store of the things belonging to non-muslims are found in a no man's land of a non-islamic country,one fifth is to be taken and the rest is for the finder. No fifth is to be taken from in the materials such as turquoise and topaz which were found in a mountain. Mercury is to be subject of one fifth tax.Pearl and amber are not.According to Abu Yusuf the rule is just vice versa. Zakah of Products Any product produced by being watered by rain or by flowing water or any fruit picked from the mountain are subject to one tenth tax,no matter whether it is little or much,without the quorum condition or the requirement of staying without waste.According to two imams it is obligatory in the products which are not wasted a year,provided it amounts at least fife wasaq.A wasaq is sixty sa`.Any product which can not be measured by wasaq,it is to be evaluated;if the value equals fife wasaqs value of the materials which possible to be measured by wasaq according to Abu Yusuf and according to Muhammad if it reaches fife times more 69 / from highest level ofwhat it is possible to evaluate its type zakah is to be taken out. The criteia in the cotton is fife load (himl) and in saffron also fife fife manns.There nothing to be paid in the waste wood and persian cane,dry grass,straw and branches of date. Any product watered by bucketting,or watering roller run by the horse and by a camel tax is one out of the twenty before the the expenses of the culture are calculated. The honey,little or much, is to be taken off one tenth, if it is found in a mountain or a land of the tenth tax (ushriyyah).According to Muhammad if it amounts fife farq,then it is valid.One farq is thirtysix ritl,according to Abu Yusuf if it amounts ten qirbah,it is to be subjected to the tax. Any land of tenth tax belonging to the tribe Taghlib is to be subject to 5 % of tax.According to Muhammad one tenth,if the land has been purchased from a muslim.If it is purchased from by non-muslim citizen of the Islamic State (zimmi),two tenth ( 5 % ) are to be paid off az tax.The tax will be the same if amuslim buoght it from the Tahglib tribe or he himself converts to Islam.This is against the opinion of Abu Yusuf.Some said that Muhamad shares his view. Women and chldren from that tribe are to be responsible with the same amount of what is on a man. If a zimmi buys a land of tenth tax from a muslim,he is to pay the poll-tax (kharaj).But according to Muhammad it will be left as it is.If it is bought by a muslim by the way of preemption (shuf`ah) or it is returned to the seller because of the voidity of transaction,oen tenth tax rule comes back. Any home made garden is to be the subject of the poll-tax,provided it belongs to a zimmi or a muslim and he waters it by kharaj water.If he waters it by the water on which a tenth tax is applied,then tax is one tenth. 70 / There is no tax on the home,even it belongs to zimmi. Rain water,waters of well and spring are subject of the rule of tenth tax.The waters of rivers which were dug by non-arabs are subject to the poll-tax.According to Abu Yusuf Sihun,Jaihun,The Tigris and The Euphrat rivers all are poll-tax rivers.Muhammad is of the opposing opinion. There is nothing on the spring (well) of the tar,or petrol and salt which are located in the land of tax of the tenth.If the latters are in kharaj land,then in the land which is good for agriculture around it poll-tax is a duty,not in the the tar or petrol itself. One tenth tax and poll-tax are not to be applied in the same land at a time. Chapter on The Recipients The recipients of zakah are the poor ( faqair),a person who has some thing less than a quorum (nisab);destitute (miskin),he is one who has nothing; some said that it is just opposite; tax collector,he is to be given proportionated with his work,this so even if he is rich; the salave authorized to work for his own and pay to free himself (mukatab);debtor who has no amount of quorum,exceeding his debts; a muslim warrior cut off from his regiment according to Abu Yusuf and apilgrim left back according to Muhammad,provided both of them are poor;nd the person who has wealth and every thing,but he has no means enough with him while he is travelling. It is permitted to give zakah to all or some of them. Zakah can be spent to build a mosque or to put the special cloth on the deceased or to pay off the debt of a dead person,to pay for freeing a slave.It is also not to spent to a zimmi.Charities other than zakah can be given to a zimmi. It is also not to be given to a rich person who has wealth of 71 / quorum,no matter the charity is from zakah or from any other source.A slave or a child of a rich person are not to be given zakah.But his adult offspring and wife are aloowed to be given it,provided they are poor. No zakah can be paid to a hashimite stemming from the descandents of Ali or Abbas or Ja`far or ~Aqil or Harith bin Abd al-Muttalib,even he works for zakah; some said that the other optinal type of charities are not included in this rule.The old slaves befreed later by the former group of hashimites are also under the same rule. No zakah is allowed to be paid to the ancestors,no matter ho far the chain goes,ot to his of spring,no matter how downd it runs,or to his wife.It is also not allowed to pay to the husband,thwo imams have opposing view,to his slave,to the slave auhorizsed to work and pay for his freedom and get it (mukatab),to the slave whose freeedom is suspended to the death of the patron,a lasy slave who got child from her patron (umm walad),and to the old slave whose some part is befreed,two imams are of the opposing opinion. If he paiid zakah to some one,thinking that he is eligible,and then it became clear that he was rich,or hashimite,or non-believer,or his father or son his payment is valid,Abu Yusuf is of the opposing opinion.If it is understood that the one who was paid is his slave or the slave auhorized to pay for his freedom that is not vaslid. It is good to pay the amount which satisfies him from asking any body for one day. It is not good to pay the quorum amount or more to a poor who has no debt to pay and trasfer of the zakah to another city,except to his relative or to one who is much more in neeed from the city he is in.A person who has some food for one day is not to allowed to ask for the money. Chapter on The Fitrah Charity That is a duty of a free muslim,who owns the amount of the quorum wealth exeeding his own basic necessities, no matter whether the amount he has,is growing or not.By this quorum amount the reception of zakah becomes forbidden and the slaughtering of the 72 / sacrificial animal (udhiyyah).Fitrah is to be given for himself and for his minor poor child and for the slave kept for the service, even if he is non-believer. And also it is to be given for the slave whose befreeing is suspended to the death of the patron and the lady slave who gave birth to a child from her patron. It is not obligatory for him to pay for his wife,for his adult child or rich minor child,the last one's duty is to be paid from the minor's wealth. The mad person is like the minor. He is not obliged to pay fitrah for his mukatab slave,slaves for the trade purposes,fro the slave who escaped,except when he returns.And also it is not his duty to pay it for a slave or two slaves shared between him and another person; the two imams are of the opposing opinion.According to them it is the duty on each of the patrons equal number of the slaves's fitrah,the surplus are being exempt.If the slave is sold with a choice of returning him back,the fitrah is the duty of a person who got ownership. Fitrah charity becomes binding by the sunrise on the day of Fitr (the day when fasting is broken after the Ramadan is over). Ano one who died before that hour,or was converted to Islam or was born after that hour,is not obliged to pay Fitrah. To pay in advace without specifying any time is valid. It is better to allocate the amount before the prayer of the feast.It is never annulled by the delay. The amount of Fitrah is half of a sa` from wheat,or its flour.or its fried flour or one full sa` from the date and barley. And dried grape is like the wheat;according to the two imams it is like barley.This is what is reproted from Abu Hanifah by his student al-Hasan. Sa` is a measure equals to eight iraqian ritl which cover same amount of the grains like lentils and seeds of indian peas.According to Abu Yusuf a sa` is fife ritl and plus one third of a ritl. If he gives two mann wheat,it is correct.Imam Muhammad does not accept this view. To give the wheat in a place where things can be bought by it on 73 / thatspotis better,But according to Abu Yusuf topaydirhams (the value in cash) is better. Book on Fasting Fasting (sawm) is not to eat and drink and not to have any sexual intercourse from morning to the sunset accompanied with intention made by the resposible individual. The resposible person is one who is muslim,sane,clean off the menstruation and post birth bleeding. Fasting of ramadhan is fard on each muslim responsible from the point of observing it on time and making it up,if it is missed. Fasting vowed and fasting for the atonement are necessary and obligatory (wajib). Other fastings are nafl (optiona and recommended). Fastings on two eid days and the three days of Sacrificing Animal are totally forbidden (haram). Observing the fastings of ramadan and determined avowed fastings can be done by an intention from the night upto seconds before the mddle of the day,but not according to Abu Hanifah's opinion which is the most correct view;It is a valid fasting if it is made by a fasting in general and also by an intention mafe for an optional fasting. It is also valid fasting made on time fasting a ramadan by an intention made as another obligatory fasting,provided it is made by ahealthy resident person,not by a specific avowed fasting;this last one is counted from what he meant. If a patient and a guest intended another obligatory fasting,the fasting is for what he intended according to Abu Hanifah;but according to two imams itis counted as ramadan fasting. All optional fastingsw are validly observed if the intention is made some times before the middle of the day. Make-up and vowed general fastings and fastings for the penalties,can not be valid but by an intention sp[ecifically made from the night. Rmadan will be established by seighting the crescent or by the end pf thirty days from Sha`ban. No fasting is to be made on the day of doubt (shakk),but just as optional.This is the best.If it happens that it was a ramadan 74 / day,he may goes on fasting;otherwise the elite muslims fast and the rest break their fasts after the middle of the day. It is repugnant to fast the day of doubt as ramadan or another obligatory fasting.It is laso not good if makes an intention that if the ramadan is there,let it be from rmadan otherwise be from any optional or another wajib.In all cases it is valid from ramadan,if the day was ramadan;orherwise it is counted from what he intended,provided his intention was firm;if it was not firm,the fasting is counted as nafl. If he said " if it is ramadan,I am fasting for it;if it is not no " in this case his fasting is not valid.If it was understood that it was ramadan,he was not fasting. If there was a trouble in the sky regarding the seighting of the the crescent,a justice person's information is enough,evenif the person is a slave,or a lady or a person convicted with a severe crime (hudud) regarding the salandering a chastite woman and then repented.Here the term of "shahadah" is not necessary. In the breaking of rmadanm that is,the crescent of shawwal and Dhulhijjah need two free male witnesses or one male and two female witnesses conditioned with being justice,and using the term of shahadah,not the term of dawa. If there is no trouble of seeing in terms of wheather conditions,then it is necessary in all of the previous seightings actual seighting of a big number of people,of whose information is binding.Acoording to a report two persons are sufficient.Tahawi said that one person is sufficiemt,if he comes from outside of the city or he was in a high location. If they fast thrty days and could not seight the moon,breaking the fasting is lawful,if they began fasting by two witnesses.If they began by one witness,no. Any one who seights the moon for the beginning and the ending of 75 / ramadan,but his word is being rejected,he himself fasts;if does not fast he makes up solely that day. It is thge the duty of the community to search for the crescent in the twentyninth of Sha`ban and ramadan. When seighting is established in one location,it is binding to all people.It is said that it varies by the differences of the rising points of the moon. Chapter on the Breakers Making up the day and to fast some more days as atonement (kaffarah),like atonement fasting for divorce of Zihar (type of divorce in which main parts of the wife are likened by the husband to his mothers' respective organ), is obligatory on any one who was willingly involved in sexual intercourse in ramadan (during day time) using one of the two natural holes (anus and penis or vagina) orate or drank any food or got medicine knowingly.The rule is the same if the faster was cupped (ihtijam -to let some of the blood be sucked out of one's body)or backbite and thouhgt that his fasting is broken and ate thereof intentionallyy. There is no atonement fasting for any kind of breaking of any fastings besides ramadan. Itisnecessarytomake up only the day which was nullified in foolowing conditions: If he breaks his fasting erroneously or forcefully,he gets injetions,speared any thing in his nose,dropped some thing in his ears,got medicine in a wound chanalling into the abdomen and stomach (jawf), or got any medicine on any break in his scull having a channal to the the brain,provided in both of them the medicine reached to jawf or to the brain,or he swallowed any piece of gravel or metal (hadid),intentionally vomited ful of mouth,he ate the sahur ( meal eaten at the last part of night for the fasting of the next day) thinking that it was still night,but in reality the the dawn was rising,he broke his fasting thinking that the sun set,in reality it did not,he ate by mistake,and thought that he has broken it and then ate intentionally,some thing has been poured while he was asleep or she was sexually abused while she was asleep or mad,he did not make any intention for fasting or not fasting in ranadan. It is also necessary to make up one day if the person wakes up in the morning without any intention for the fasting and eats wllingly.According to the two imams he must also fast for atonement. If he eats,or drinks or gets involved in the sexual intercourse unconsciously,this acts do not break the fastings.It is also under the same rule if he sleeps and gets his sperms discharged while he is asleep,or he discharges his sperms while looking at a woman,or olives himself or puts as make-up alkohl on her eyelids,or kissed his wife,or he backbit,or got injections,or he was forced naturally to vomit,or he himself vomitted a little,or woke up his sperms being discharged and water has been poured to his ears.His fasting is not also broken if any olive or any liquid is poured into his penis,Abu Yusuf has an opposing view. If any kind of fly,or smoke or any mosquito penetrates into his throat this won't breake his fasting.If any thing of rain or snow enters ih his throat,that breaks the fasting according to the most authoritative opinion. If a faster makes sex wit a dead woman,or an animal or with some part of a human being besides the vagina or anus,or he kissed the woman,or touched.if his sperms were wsre discharged,then his fast is broken;otherwise,not. If he swallows what is already in his mouth between his teeth,if that is as big as chickpeas,he is to make it up;if it is less than that.not,except if takes it out of his mouth ,then takes it in and swallows it.If takes in his mouth a seed of sesam,if swallows it,his fasting is broken,if he chews it,no. Vomiting full of a mouth,if it goes back to tomack ot let if go bakck to it,breaks the fasting according to Abu Yusuf;if it is less than that,no.According to Muhammad it becomes broken by letting the less amount go down,not by ging is self back even when it is maore tahn a full of a mouth. It is not good to anjoy testing some thing or to chew it without any excuse;and also it is not good chewing the gum or kissing,if he he is not sure that he will keep himself; it is not so if he is sure for himself. It is not bad for a faster to put on her eye lashes some eye powder (alkohl) or to olive the moustache or to brush the 77 / teeth,even it is after noon,chewing some food in case of necessity,for the child and letting the one's blood be sucked off the body is also not bad for the faster. To imam Abu Hanifahsnuffing for coolingis bad,while fasting. It is also the same to wash the bopdy or to be wrapped up in the cold wet cloth.To Abu Yusuf it is not repugnant.It is said that rinsing his mouth with water without any excuse,attempting some love acts,emracing one another and shaking hands,in one of the reports, are not good while fasting. Eating some thging in the late night and delaying that eating as much as possible upto the limited time and breaking the fast when time comes without delay are nice and lovely actions. Chapter A patient who fears from aggrevation of his illness is allowed not to fast and the traveller is also allowed not to do that.But traveller's fasting is btter if it won't affect him badly;If these two type of fasters die while they are sick or traveller respectively,they are not to make up them. It is their duty to make up if he gets his health back or gets residentship;but if they were not fully to make them up,then they must make up as much as they can get health or residetship. His guardian is to give food for each missed day the amount equals to Fitrah.It is to be executed out of the third of his assets,if he made a will;there is nothing to be done, if there is no will made.If the guardian donates,that isvalid. Salah is like the fasting and ransom of each parayer is like fasting a day.This the correct view.The guardian won't fast on behalf of him and he won't pray on behalf of him either. As for the making up the fastings of ramadan,he may fast in different days,if he wishes or he may do it consecutively.If he delays making up until the next ramadan,then he is to prefer the timely fastings of ramadan he is in to the missed ones.Then after the end of ramadan he may make up the missed days of the previous ramadan. And there is no ransom to be paid for this act. A very old person is not to fast,if he was unable to fast and after that he is to pay an amount of Fitrah for each day.If he 78 / gathers his power later.he is to make them up. A pregnant or breast feeding woman,if she fears regarding her health or baby's health,does not fast and later she makes them up without ant ransom or atonement panalty. Any volunteer fasting which has been satarted is to be completed,except the fasting in the prohibited days.A faster volutarily is not allowed to break his fasting,if there is no excuse according to an opinion.He is allowed if he has an excuse of attending the party of an invitation.If he breaks his fasting in this last case,he has to make it up. If a traveller intends not to fast,then he becomes resident and makes an intention to fast at the same time,his fasting is valid. If he is in ramadan,making up his fasting becomes a must,asit becomes necessary for a resident who startr travelling in ramadan.But if he breaks it he has no penalty fasting upon him in both of the cases. Any one who fainted some days,has to make tehm up,except the day or night he was inflicted with that plight.Any one who get mad all ramadan long,he does not make them up.But if gets sober any part of it,he makes up all of the past days;no matter whether he reaches the puberty while he was mad or not.This is according to the main opinion. If a minor reaches the puberty or a non-muslim is converted to Tslam,or a traveller becomes resident or a lady gets cleaned from her menstruation in a ramadan day,he must fast the rest of the day in which he gets that status.The first two are not to make them up,opposite to the last two. Chapter To vow fasting of the two eid days and the three followin takbir days in Eid al-Adha is valid;he does not fast in those days,but 79 / later makes them up. It is also the same,if he vows to fast a year;he does not fast these days and then he makes them up.If he alredy fasted those days,taht is fine. Then if he vows to fast a year only or he vows to fast a year and intends that it is a swear or does not have any intention,in this case it becomes solely a vow (nazr).If he intends a swearing and at same time intends it not be a vow,then it becomes only swearing (yamin);and it is incumbent upon him to make penalty fasting of a swear without any additional make up fgasting,if he breaks it.If intends both of swearing and vow,or just for swearing only,his obligation is the both (vow and swearing).He must make it up and fast a penalty fasting,if he breaks it.According to Abu Yusuf,it is a vow in the first case and a swear in the second. It is nut bad to let follow the fasting os six days in the mounth of Shawwal after Ramadan.But to fast those days after a break is better from the point of being far away from being a bad practice and resembling to the non-muslim practices. Chapter on Islamic Seclusion (I`tikaf) It is a strong practice of the Prophet and it becomes incumbent by the vowing.It is staying with an intentention in the mosque where congregational prayers are held.The least level is one day according to Abu Hanifah and the majority parts pf a day according to Abu Yusuf and one hour ( or some time ) according to Muhammad. Fasting is necessary in an obligatory type of religious seclusion.It is also necessaryy in the voluntary type of seclusion according one opinion (riwayah). A woman secludes herself in mosque part of her home. A scecluder does not go out,except for very basic human necessities or for congregational friday prayer when the time of parayer comes to pray it with its sunnahs and he won't stay in 80 / the mosque more than that.But if he stays more,his seclusion is still valid. If goes out an hour without any excuse his seclusion is broken;according to two imams is not as long as it does not exceed the majority parts of a day. Eating,drinking and sleeping will be there inside the mosque.He may sell or buy while he is inside the mosque,without having the good present in the mosque.It is not allowed to do to any one else him. It is prohihibited to him to have a sex or the related acts inside the mosque. His seclusion becomes nullified by his sex,even he does it fogetfully or in the night,by his touching his wife or kissing her.It is also nullifier to have a sex in a part of the body of any one else than vagina,provided his sperms are discharged.Otherwise not. It is not good for a secluder to be silent or to speak other than good things. Any one who takes a vow of seclusion for some days,it is obligatory to perform that seclusion including the nights of those days. If he vows for two days,it becomes incumbent for him to seclude two days with their nigths;AAbu Yusuf has opposing view for the first of the two. If he makes any intention for the specificly day times,that is valid,And he must do them consecutevely,even if he does not mean it to be consecutevly.Seclosion becomes incumbent by starting it,except according to Muhammad. Book on Pilgrimage (Hajj) Pilgrimage (Hajj) is visiting a specific place,in a specific time with a specific procedures. It is obligatory (fard) once in a life time to be perfprmed immediately,Muhammad is of the opposing opinion. Its conditions are: to be muslim,to be free,to be sane,having reached to puberty,health and ability of having enough food for himself while he is travelling,and ability on affording the costs of the journey,his money must be enough to cover his round trip extra from his basic needs,covering the expenses for his 81 / family members until his return,provided the way is safe. A woman must travel together with her husnad or near relative (mahram),if the distance between her home and Makka is the distance which makes the traveller follow the rules of traveller (musafir).She does not go to Hajj without having any one of them.Her near relative must be sane,hanig reached the puberty,not being fire-worshipper or having misbehaviours. The expenses of the relative must taken care of by her.And she makes het fard hajj with her relative without getting the consent of her husband. If a minor or a slave puts on pilgrimage garb (ihram),then reaches the puberty or gets freedom respectively and both of them go on their hajj procedures,that won't be counted from their hajj pilgrimage of fard. If the minor refreshes putting on the garb for the fard hajj in this case,that is a valid hajj;the situation in the slave case is just opposite. Fards of hajj are putting on a special garb (ihram),it is a requirement,stopping on Arafah and visit circumambulation of the Ka`bah (tawaf al-ziyarah);both of them are rukns (requirements). Its wajibs are stopping on Muzdalifah, walking and running (sa`) between Safa and Marwah,throwing the stones,the farewell circumambulation for a person who ousider (not from Makka),shaving or trimming the hairs and any other rites which leads to to the penalty of sacrificing an animal,if that specific rite has been neglected. Actions other than these are all eithre sunnahs or adabs (ethics). Pligrimage months are Shawwal,Dhul Qa`dah and first ten days from Dhul Hijjah. It is repugnant to put on pilgrimage garb for hajj before that period. `Umrah is sunnah. Miqat (the location where the pigrims must put on their their garbs) for the people coming from Madinah is Dhul Hulaifah,for the people coming from Sham (Damascus) is Juhfah,forthepeople coming from Iraq is Dhatu Irq,for the people coming from Najd is Qarn asnd for the people coming from Yaman is Yalamlam.These locations are miqats for the both of the residents of those areas nd the people who come to Makka from those directions. 82 / It is prohibited to delay putting on the garb for any one who intends to enter Makkah. It is better to put it before reaching the Miqats. It is lawful for any one who is inside these regions to enter Makka without any garb.The isider's miqat is just the region between the Masjid al-haram and beginning of the miqat. Same place is the miqat for the Umrah to be made by the insiders.But the miqat is the Haram itself for the makkans during hajj season. Chapter When he resolves to put on the pigrimage garb (ihram),it is good for him to cut off his nails,to trim his moustache and to shave the hairs under his armpits;then he gets ablution or washes his whole body,this is better,and put on new and white izar ( waist-wrapper cloth) and rida' (cloak).If these two pieces are washes or he wears one piece of cloth which covers the aurah.it is allowed. When he puts some parfumes on and prays two rak`ahs. If he he is making a Hajj rites with the intention of ifrad (one of the fwe different types of hajj rituals) he says the following intention formula after the prayer: " Allahumma inni uridu l-hajja,fa-yassirhu li wa taqabbalhu minni". If makes an intentention just with his heart,taht is sufficient. Then he makes a talbiya and says: " Labbaika Allahumma Labbaika,Labbaika,La sharika laka Labbaika,Inna l-hamda wa n-Ni`mata laka wa l-mulka,la sharika laka".He does not reads less than this supplication.He migth have add to it more. Whenever he says talbiya with the intention of hajj,that is considered as entered in the status of hajj and must abstain from obscenity,wickedness and wrangling and killing any kind of land creatures as prey or pointing to their places to be hunt or 83 / hinting them,killing the fleas,putting on parfumes,paring thenails,shaving any kind of hair in his head or body,trimming his beard,covering his head or his face,washing his head or his beard by marsh-mallow (khitmiy),putting on shirt or pant, fur,turban,head cover or prayer shoes (khuff),except the shoes he found and cut off the parts bach of the ankles,wearing any kind of cloth painted with saffron,bastard safflower and turmeric,except if it was washed with that and the odor vanished away. It is allowed to any one who is in this garb to wash himself,enter into the bathroom,to stay in the shadow of a home or any load-carrier,to tie a belt for purse and light precious belongings and to fight with the enimy. He is to say as much as possible talbiya raisin his voice after each prayer and whenever he climbs a hill or decends to a valley or meets a bunch op people and in the early mornings. Chapter When he enters into Makka he begins from the Masjid.He says takbir when he sees the house of Allah;and also says some established supplications. Then he takes as start point the Black Stone,he faces it and says takbir ald tahlil raising his hands as he is doing in prayers. He kisses the Black Stone if he is able to do without any kind of hurting any body or he salutes it in the particular 84 / jesture,or touches it and kisses it or points to it,while he is facing it ans saying takbirs,tahlils,tahmids and salahs and salams upon the Prophet (pbuh). Then he cicumambulates taking the door of the Ka`bah to his left,during this action his right shoulder must be uncovered.For that the two ends of his rida must wrapped crosswise under the right arm of the person and wrapped on the top of the left shoulder.He make his circles from outside of the al-Hatim seven times; he runs lightly in his first circumambulation saking his shoulders to show his strengh and courage to fight and he walks normal in the rest of them.He greets the Black Stone in its special form whenever he passes by and finishes his circumambulations with istilam (special salute). Saluting the corner (rukn yamani) before the Black Stone corner,in each time of passage, is also good. Then he prays two rak`ahs in the Place (maqam) of Ibrahim or in a anypossible place in the Masjid.Praying these two rak~ahs after the seven circumambulation is necessary (wajib). This is ciricumambulation of the arrival to Makka (tawaf al-qudum) and it is sunnah for the non-resident of Makka.Then he comes back and salutes the Black Stone. Then goes to Safa and ascends on it,faces to the Ka`bah,says takbir,tahlil and salah and salams on the Prophet raising his hands for supplications and asks Allah what he wishes. Then he descends to the direction of Marwah and walks at easyness.When he reaches the center of the valley he runs between thed two green columns. He repeats on Marwah the same deeds and acts whic he did on Safa. 85 / This was one unit (shawt).He has to make seven units between Safa and Marwah,begining from Safa and ending in Marwah. Then he stays in Makka as being in the hajj ritual status (ihram) and cicumambulates the House voluntarily as much as he wants. At the seventh day of Dhul Hijjah imam gives a sermon,in which he teaches the people the rituals.He also gives another speech on the ninth of the month at Arafat,and eleventh at Mina. After praying the maorning prayer on the eightth og Dhul Hijjah he goes to Mina,and stays there until the morning prayer of the Arafah day. Then he goes to Arafat.After the sun passes the zenith,imam gives two khutbahs (orations), like Jum`ah,in which he teaches the congregation the rituals.After the orations he leads the prayers of Zuhr and Asr combined with one Azan and two Iqamahs.It is necessry to pray under the leadership of the Imam as requirement for combining;the two imams oppose this view.And prayer must also be in Hajj status (ihram) during these two prayers. Then the prayer satays with imam riding the horse having ablution or washed his whole body.This sunnah to be done near the Jabal al-Rahmah. The entire Arafat is good for the stopping (waqfah),except the center of Arafah (Batn Arafah). He stands facing the Qiblah,raising his two hands widely praises Allah,says takbir,tahlil,talbiyahs and salah and salams on the 86 / the Prophet and supplicates in sicerety and endavour whatever he needs. The congregation stands behind the imam and near to him,all facing the Qiblah and listening to his speech. Then they pass on at a quick pace to Muzdalifah after the sunset together with imam;imam will stay near tthe mount of Quzah and leads Maghreb and Isha prayers with one Azan and one Iqamah.Any one who prayes Maghreb on the way or in Arafat,he is to repeat it until the sunrise.Abu Yusuf is of the opposite opinion. Then he passes the night in Muzdalifah.When dawn appears he prays while it is still dark.Then he stops at Mash`ar al-Haram and he repeats wht he has done in Arafah. The entire Muzdalifah is good for stopping,except valley of Muhassir. When whitnes of the morning appers,he rushes to Mina before the sunrise.He starts there throwing the stones of `Aqabah by using his thumb and index finger of right hand; he begins to throw from the center of the valley seven little stones (gravels),each time he says takbir.He stops talbiyah in the begining and does not cease doing it. Then he slaughters if he wishes,then he shaves,this the best,or trims a little from his hair. Since then it is allowed to him every thing,exceptconnubial relation with his wife. Then he goes from there same day or after to Makka and makes a circumambulation without any runing and shaking the shoulders and making any walk between Safa and Marwah,if he had previously went through with them;otherwise he makes both of them and since then he may have matrimonial relation to his wife. 87 / The circumambulation of the visit (tawaf al-ziyarah) begins after the dawn of the eid day.That is the best.It is disgusted to delay ithe end of eid days. Then he returns to Mina and trows three sets of stonings at the second day after the sun passes the zenith;he starts by the one follows the Masjid and throws seven stones,saying takbir in each throwing,and stops and prays.Then the next one,then stoning of al-`Aqabah in the same way,except he does not stop this time. Then he does same thing at the third day.Then if he wishes he may go Makka.If he is to go,he must do it before the morning of the fourth day,not after that until he throws the stones.If he wants he stays there in Mina and throws as it was before.This is the best.If he trows the stones before the passage os the sun the zenith,that is faine;the two imams oppose it. It is allowed to throw while he is riding.But throwing without having ride while throwings done,except the throwing of al-`Aqabah is the best. He passes the nights in the process of throwing in Mina. It is disliked to send the loads in advance to Makka,before he himself goes to it.When he goes to Makka,he stays at al-Muhassab,even if he is to stay a few minutes. If he wants to leave Makka,he circumambulkates for the farewell seven units without any kind of shakin shoulders and shwing the jestures of courage and also without any walk between Safa and Marwah.This is necessary upon every body,except the residents of Makka. 88 / Then he drinks Zamzam,and comes to the Door and kisses the hold of it,touches his breast and abdomen and his right cheek to al-Multazam.Thet is the part between the Door and the Black Stone.He holds to the cover of the Ka`bah for a while,supplicates willingly and weeps and then pulls himself back in same position without turning his back to the Ka`bah until he goes out of the Masjid. Chapter Any muhrim ( a person having ihrambeing in the tataus of making hajj) goes to Arafat without entereing Makka and stops there,he is exempt from the circumambulation of the arrival (qudum).There is nothing on him becouse he did not do it.Any one who stops or passes by Arafat for a while any time between the passage of the sun the zenith of the day of Arafah and the morning of the eid day,he reached the hajj,even if he was asleep or fainted during this passage period;it is so if he did not know that he was in Arafat.Any one who missed this stopping (waqfah),he missed the hajj.He is to make tawaf and sa` and comes out from the hajj status and makes it up next year.He is not to sacrifice any animal as penalty. If he asked his friend to wear ihram while he is fainted and the friend did that,it is valid.It is also valid,if he did it without being asked.The two imams are of the minoroty opinion. A woman is the same as man;except she uncovers her face instead 89 / of head.If she covers her head, leaving the head scarf down to her face and ,and pushes it ligthly awy from her face,then it is an allowed act. A woman won't say talbiya loudly and won't run in the center of valley between Safa and Marwah,he does not shave,but he shortens her hair.She wears the sewn clothes.She won't go near to the Black Stone,if there are men around. If she menstruates while she is in ihram,she washes her body and fulfills all of his rituals,except the circumambulation.If gets menstruated after the cicumambulation of visit (ziyarah),the farewell circumambulation becomes unnecessary;she has nothing to do as penalty;this is an exeption of a person who becomes resident of Makka,even after rushing to it from Mina.This is according to Abu Yusuf.According to Muhammad that tawaf won't be exempt by becoming resident after the rushing to Makka from MIna. Any one who marks a camel (ox) of sacrifice voluntarily or for a vow,or for an atonement against the panalty of illigal prey and things like that,then he directs himself to Makka with the intent of hajj,is considered as muhrim (being in the status of hajj),this so even if he does not say talbiya.If he sends the camel (cow),then he dorects himself to Makka,he does not become. muhrim,unless he reaches the camel,except the camel for tamattu` hajj ( a special type of hajj proceedings). If he clothes the camel (or cow) or puts any kind of cloth on it,or marks a sheep,he does not become muhrim.Badanah means camel and cow. Chapter on Qiran and Tamattu` Qiran is the best as a rule.Qiran is to make an intention for both Umrah and Hajj beginning from Miqat.He says after the prayer "Allahumma inni uridu l-hajja wa l-Umrata,fe-yassirhuma li wa taqabbalhuma minni". 90 / When he enters Makka he starts first by Umrah,cicumambulates for it and makes the usual rituals between Safa and Marwah;then he makes another tawaf for Hajj,which will be an arrival circumambulation and makes sa` as well.If he makes two tawaf for both and two sa`s for both of them,tah is also validbut he made bad;so makes hajj once more as it is described before. When he goes through the stnong of al-~Aqabah on the day of Eid,he slaughters a ship.or a cattle,or one seventh of a cattle as the penalty for the Qiran.If he is not able to do that,he fasts three days before the day Eid.The best of it is that the last day must coincides the day of Arafah and he also fasts seven days more when he finishes,even when he is in Makka. If he does not fasts three days before the day of Eid,then the penalty sacrifice is to be done. If the hajji of Qiran stopps in Arafah before he cicumambulkates for Umrah,taht means that he has neglegted it;and so it is his duty is slaughtering a sacrificial animal for that negligence;'so he is to make it up.And in this case he is not to make penal sacrice for his Qiran. Tamattu` hajj is better than from Ifrad type of Hajj.Tmattu` is to make Umrah in hajj months.Then he makes hajj in that year and puts on ihram in Miqat,makes circumambulates for it,and makes the ritual walking and running between Safa and Marwah,then he comes out from that hajj status if he did not send in advance his sacrificial animal and he ceases at the beginning of tawaf from carrying on talbiya.Then he refreshes his ihram from just Haram (The Masjid itself) on th eday of Trwiyah ( that is the eighth day of Dhul Hijjah),and to perform it before is the best. Then he fulfils hajj rituals as it is and slaughters as one who makes Qiran hajj;if he lacks the power to do that,his staus is like the staus of one who is making Qiran. And it is allowed to fast three days before his tawaf for 91 / Umrah,even if he fasts in Shawwal after,not before, the Ihram for Umrah. If he wants to send the sacrifcial cattle in advance,thi is the best,he enters into ihram status and sends it;and that is batter than his own leading it. If it was a cattle he marks it with a leather pieace or a shoe.That is better than clothing it.According two imams ish`ar is allowed.Ish`ar is to cut off the hump of the camel from the left side.This the nearest deed to the practice of the Prophet.Or he may cut off the right side of it.But this detested act according to imam Abu Hanifah. Then he performs Umrah,as it is mentioned before,and does not come out from his ihram and enters into ihram of Hajj as it is stated before. When he shaves on the day of sacrifice,he automatically comes out from both of ihrams. No tamattu` and no qiran hajjs for the residents of Makka and the ones who were inside the territory of Miqat. If a person who is doing tmattu` hajj returns to his family after Umrah,and he did not send sacrificial animal in advance,then his tamattu in this case becomes void;if he had sent earlier.does not. Any one who made tawaf for Umrah less than four units (shawt) before the months of Hajj and accomplishhes them after the coming of thos months and makes hajj,his hajj is, in this case,accepted as tamattu`.If he had cicumambulated four units,it is not. If a kufian person makes Umrah during the months of Hajj,and then he comes out hajj status and resides in Makka and makes hajj,in this case his tamattu is valid.It is also the same,if he resides in Basrah.It is said that.that is not valid according to two imams. If he the kufian person nullifies his Umrah and becomes resident of Basrah,then he makes it up and fulfils his hajj,his tamattu` is not valid in this situation,except if he returns to his 92 / homeland and then makes both of the Umrah and Hajj.According to two imams his tamattu` is valid.If the hajji does not return to his homeland and he stays in makka after the nullifying his Umrah and makes Umrah and hajj without returning to his homedland,his tamattu' in this state won't be valid according the unanimously accepted view.He completes what he he nullified from Umrah or Hajj and he won't be in charge of any penalty for tamattu`. If any one makes tamattu` and sacrifices an animal,that won't be sufficient for his penalty for tamattu`. Chapter on Penalties If a muhrim (who is in ihram and in hajj status) puts parfume on any of his parts of the body,he must sacrifice an animal.It is also the same,if he oils his body olive oil;according to two imams it is just charity.If he clours his head with henna or covers his head a full day he must sacrifice an animal.It is also the same,if he wears any cloth sewn a full day or shaves one fourth of his head or beard,or his neck or both of the armpits,or one of the armpits or his private part,and also if he shaves the places to be used as the place to stick tool of sucking the blood out of the body,according to two imams it is necessary to pay some charity. If he clips the nails of both of the two hands and two feet in a sitting (majlis),then he maust sacrifice an animal.It applies also the same rule,if he clips the nails of one hand or one foot.If he clips the nails of thwo hands and two feet in four different sittings,then he is to sacrifice four different animals; according Muhammad only one sacrificial animal is sufficient. If he puts farfume on a part of less in size from one of his organs or he covers his head or wears a sewn cloth less than a 93 / day,he must give some charity.It is also under the same when he shaves less than one fourth of his head or beard,or some part of his neck or private part,or of his armpits or some body else's head; or he clips less than five of his nails or five from different (alternate) fingers.According to Muhammad there is one sacrificial animal for five alternate finger nails. If he puts some parfume on,or wears a sewn clothj or shaves his head as an excuse,then he is free: either he slaughters a sheep,or gives as charity three sa` (a measure) distributed to six destitutes.Or he may fast three days. If he puts some cloth on his shoulder or wraps his shirt around his hand streching other end to the other hand or he ties (not wears fully) his pants on his waist,nothing harm here in these acts.It also applies same rule to some one who covers his shoulders in a cloak without putting his hands inti its sleeves. Chapter If cicumambulated for arrival or farewell while was not clen and had to was his whole body,then he is to sacrifice an animal.AAlso he is to sacrifice if circumambulates for tawaf of visit (ziyarah) while he had no wudu,or he did not make any farewell tawaf at all or did not perform for units from tawaf,less than four units from tawaf of visit (ziyarah),or left Arafat before imam,or left sai` or stopping at Muzdalifah.or neglected all of his stnings.or did not perform one day of stoning,or stoning of Aqabah on the day pf sacrifice or more than that. If he circumambulated for arrival or for farewell while he had no 94 / ablution his penalty is to pay charity.If he neglected less than four units of the farewell tawaf,one of the three stonings,or neglected tawaf of visit or fout units of tha tawaf,in this cases he is to stay in ihram sataus until he makes tawaf. If he circumambulates while he was junub (wholly uncleanness),he is to sacrifice a camel or a cow;the best is his making it up,as long as he is in Makka,and the penalty won't be applied,if he returns it in eid days. If he circumambulated for farewell while he had ablution on the last day of takbirs (tashriqs) after when he made a tawaf for ziyarah without having ablutuion,then he is to sacrifice.If it happened after he made tawaf while he was totally unclean (junub),then he is to sacrifice two animals.But according to two imams only one animal is to be sacrificed. If made tawaf for Umrah,but he made a sai` without ablution,he is to repeat both of them.If he returns to his family without repeatition,he is to sacrifice one animal.He has nothing to sacrifice if he repeated circumambulation only.This is the correct view. If muhrim makes sexual intercourse in the vagina or anus before the stop in Arafah,even if this happened because he forgat,his hajj becomes nullified.He goes on the ritual procedures and makes it up next year.He also sacrifice an animal.He does not need to be seperated from his wife while he is making up. If he makes sexual intercourse after the stop in Arafah,but before the saving,his hajj is not void and he is to sacrifice an animal.If he does it after the shave,but before the circumambulation of visit (ziyarah).he is to sacrifice one animal.He is to do same thing if he kissess or touches with desire (shahwah).even if his sperms are not discharged.It is also same rule to be applied if he makes sexual intercourse before he 95 / perfrorms the major parts of tawaf whilehe was making Umrah and his Umrah becomes void.He makes it up later.If he makes it after he finished major parts of tawaf,he is to sacrifice an animal,and mean while his Umrah does not become void. 37