Pearl of Wisdom

'When your rulers are the best ones from among you, and the richest people from among you are the most generous, and your affairs are settled by counsel (shura) between yourselves, then being above the ground [i.e. life in this world] will be better for you than being under it [i.e. death]. But when your rulers are the wicked ones from among you, and the richest the most miserly, then being under the ground will be better for you than being above it?.?

Prophet Muhammad al-Mustafa [sawa]
Tuhaf al-'Uqul, p. 36

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Question : #237 Category: Hajj & Umrah
Subject: duties in hajj
Question: What is the duty of a Hajj pilgrim in the present circumstance in which the old distance between Safa and Marwah is closed and reconstructed whereas an alternate route has been opened for pilgrims to perform their Umrah? Is the Umra valid?
(being in the state of Ihram).
Answer: The reply is in different forms:

N* 1- The pilgrim knows that Safa & Marwa mounts do not continue up to the new Masa'a (place for Sai'ee). In this case, to be able to come out from the state of Ihram, the pilgrim should slaughter an animal (Kurbani) in Mecca -in terms of obligatory precaution, that animal should have the same conditions as the sacrifice in Mina- and distribute it among the poor and then cut his hair (Takseer) or shave his head (Halq). This applies to the one who was not aware of this current situation before being clothed in Ihram. Otherwise, if he had known this problem beforehand, according to obligatory precaution, he cannot come out from Ihram and should stay there until the accomplishment of the Sai'ee become possible for him. He may refer in this case to another Marja considering the most knowledgeable (Aalam fal Aalam)

N* 2- The pilgrim is sure that the mounts continue up to the new

Masa'a or this is proven by the Fatwa of some other Maraje that trustees had witnessed and this witness is not contradicting the view of other trustees. In such case, it is allowed to do the Sai'ee in the new place.

N* 3- If none of the above situations are proven for him, he should do both: Sai'ee in the new way and also slaughtering an animal with the same conditions mentioned above, and then do Halq or Taqseer.

Note:
For those who have already done their Umra with the Sai'ee in the new way should now sacrifice the animal and then do Halq or Taqseer, even if they have already come back to their countries, as they are still considered as Muhrim
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