Ruling of Tawaf according to Ayatollah Sistani’ Islamic Law

In Umrat-ut-Tamatu, the second obligation is tawaf.If a pilgrim deliberately abandons it, his Hajj, shall be null and void, irrespective of whether or not he was aware of the rule governing the matter.Delaying its performance could be materialized in a way that it would no longer be possible to perform it, as it would be time for the devotional stay in Arafat.Thus, the Umrah will be invalid.

Apparently, the ihram will also be invalidated. [And as a rectifying measure], reverting to Hajj-ul-Ifraad is not sufficient, although one should do so, as a matter of precaution.In both the situations, it is obligatory to repeat the Hajj in the following year.

Conditions of Tawaf

There are certain matters relating to the proper execution of tawaf

First: Niyyah

Tawafis invalid, if there is no intention to perform it for the purpose of attaining closeness and obedience to Allah.

Second: Taharah from urine and excrement.

If one performstawaf despite such uncleanliness, whether deliberately, out of ignorance, or inadvertently,tawaf is invalid.

Rule 285: If in the course oftawaf, the pilgrim, in a stateof ihram, passes wind, urine or stool, the situation could take different hues:

• if he does so before completing the fourth round, the tawaf is invalid and he must repeat it after performing wudhu;
• if it occurs involuntarily, after completing the fourth round, he must interrupt the tawaf, perform wudhu and complete the tawaf from where he had interrupted it;
• if the occurrence, after completing the fourth round, was by choice, as a matter of precaution, he must complete the tawaf, after performing wudhu, and repeat it as well.

Rule 286: Before commencing the tawaf, a pilgrim may harbour a doubt as to whether he is tahir.He may remember having performed wudhu.Yet,the doubt relates to whether wudhuwas subsequently broken.He should ignore the doubt;otherwise, it will be obligatory on him to finishtawaf off, after performing wudhu.

However, if that doubt arises in the course oftawaf, and if he remembers having performed wudhu before, the ruling is as already stated. Conversely, if the doubt arises before completing the fourth round, he must perform wudhu and repeat tawaf.Otherwise,he must interrupttawaf, perform wudhu and complete what was left oftawaf rounds.

Rule 287: If the doubt about the cleanliness arises after completingtawaf, it must be ignored, although, as a matter of precaution, it may be repeated. It is, though, obligatory to clean oneself for the prayer after tawaf.

Rule 288: If it is not possible to perform wudhu, for a reason not likely to change [in time], tayammum must be performed for tawaf. If even tayammum is not possible, tawaf itself cannot be performed. When all hope of possibility fades away, an agent must be appointed to perform tawaf on his behalf. However, as a matter of optionalrecommended precaution (al ahwatil awla), he must also perform tawaf without wudhu or tayammum.

Rule 289: When the periods of Haydh and Nifas are over, and for one in Janabah, ghusl is obligatory for the performance of tawaf. If it is not possible to do so, and there is no hope of any possibility of performing ghusl, tawaf must be carried out with tayammum. In such a case, as a matter of recommended precaution, an agent must also be appointed to perform the tawaf;if even tayammum is not possible, the appointment of the deputy is called for.

Rule 290: If in the course of Umrat-ut-Tamatu, a lady, whether in a stateof ihram or not, starts her monthly period;there may not be sufficient time for performingUmrah. She should wait for the period to be over, perform ghusl and Umrah. If, however, the time is short, two possibilities could arise:

1. if the period commenced before assuming ihram, she should change to Hajj-ul-Ifrad; on completing Hajj rituals, it is obligatory on her to perform Umrat-ul-Mufradah, where possible.
2. if the period commences after wearingihram, she is free to either performHajj-ul-Ifraad, as outlined in the preceding paragraph, or perform the ceremonies of Umrat-ut-Tamatu, without performing tawaf and its prayer. After sa’y, she should perform taqseer, andthen wear ihram for Hajj. On returning to Makkah, after completing the rituals at Mina, she should performtawaf of Umrah, before performing tawaf for the Hajj.

If even then the bleeding continued and, she was convinced, that it will continue until after the return from Mina, she should hire an agent to perform the tawaf for her. She should perform the sa’y herself.

Rule 291: If the bleeding commences when a lady, in a state of ihram, is in the course of tawaf, and if it occurs before completing the fourth round, the tawaf is invalid, and the rule in this case is as stated above.If, however,it occurs after the fourth round, what was performed is valid;it is obligatory, though, to complete the remainder of the tawaf after ghusl. In both the situations, as a matter of precaution, time permitting, she should perform a complete tawaf afterwards.

Contrariwise, she should perform sa’y and taqseer, wear the ihram for Hajj and on her return to Makkah from Mina;after completingthe devotional acts there, she should perform the tawaf by way of qadha, before performingtawaf for jj as stated above.

Rule 292: If the bleeding commences after completingtawaf, but before sayingprayer fortawaf, it is valid;she should say prayer after performing her ghusl.If, however, the time is short, she should performsa’y and taqseer, and say prayer by way of qadha, before tawaf for Hajj.

Rule 293: If a lady has completed her tawaf and said her prayer for tawaf, and then feels the bleeding, but is uncertain as to whether it commenced before the tawaf or the prayer, during one of them, or after completingthe prayer, she should proceed on the basis thattawaf and the prayer is valid. However, if she knows that it commenced before or during the prayer, the preceding rule will apply.

Rule 294: If, when entering Makkah, a lady is able to perform Umrat-ut-Tamatu’ , but deliberately postpones its completion until her monthly period starts, especially whenthere is not ample time left,apparently, her Umrah becomes invalid.

Rule 295: A it is widely held (alal mashhoor), in an optional tawaf, taharah, from urine and excrement, is not a prerequisite, i.e. tawaf is valid without it.However, taharah is essential for prayer.

Rule 296: It is sufficient for an ill person to clean himself according to his condition. For example, he may be helpless,incontinent, or afflicted with intestinal ailment. Thus, he may not be able to control himself. As a matter of precaution, the last one who is suffering from intestinal ailment must do both, i.e. perform tawaf personally, and hire an agent to perform it on his behalf where possible.

As a matter of precaution, in the case of a woman with an abnormal menstruation, should perform a separate wudhu for both tawafand prayer, if bleeding was little.If it was moderate, she should perform a ghusl but a separate wudhu for both of them.If it was intense, she should perform a separate ghusl fortawaf andprayer, without the need for wudhu, if there is no urination. If there is wudhu should, as a matter of precaution, also be performed with the ghusl.

Thirdly, Conditions of Tawaf

Taharah of the body and clothes: Tawafis not valid if the body or clothes worn are unclean (najis). The uncleanliness (najasah) which is excusable in prayer – like a spot of blood of the size of less than a dirham (roughly, equivalent to the size of ten-pence coin) – is, as a matter of precaution, not excusable in tawaf. There is no objection to carrying anything which is najis during tawaf.

Rule 297: Only out of necessity, there is no objection to blood, of ulcers or wounds, oozing in the course oftawaf, if it is difficult to stop. Otherwise, it has to be removed, as a matter of precaution. In situations of necessity too, the same rule applies to any najasah coming into contact with the body or clothes.

Rule 298: If a pilgrimis unaware of any najasah on his body or clothes, and he becomes aware of it only after completing tawaf, it is valid and there is no need to repeat it. Similarly, even the tawaf prayer will be valid, if he was unaware of the uncleanliness until after prayer.

The exception being, if he was in doubt about the najasah, before the prayer,or made investigation and did not become aware of it. However, the person who has a doubt, but does not carry out an investigation, and notices the uncleanliness after prayer, must repeat the prayer, as a matter of obligatory precaution.

Rule 299: If a pilgrim forgets about the najasah on his body or clothes and remembersafter completingtawaf, it is apparent that the tawaf is valid, albeit, as a matter of precaution, it is better to repeat it.

However, if he remembers after completing prayer,he must, as a matter of precaution, repeat the prayer, should the oversight be due to negligence; otherwise there is no need to repeat it.

Rule 300: If a pilgrim was unaware of the najasah on his body or clothes, and became aware of it in the course oftawaf, or his body or clothes became najis in the course of tawaf, he should change into clean ones and completetawaf, if tahir clothes were available. If not, and it was known that the najasah occurred after completing the fourth round of tawaf, he should abandon it, clean the clothes or himself, and complete tawaf.

If this occurs before completing the fourth round, he should abandon tawaf, clean the clothes or himself and, as a matter of precaution, perform another complete tawaf, even though it, apparently, is not obligatory to repeat tawaf.

Fourth: Circumcision for Males

Apparently, as a matter of precaution, if achild capable of rational action (mumayyiz) wearsihram himself, he must also be circumcised. If he is not, or his guardian helped him wearihram, it is not clear that he is required to have been circumcised for the purpose of tawaf, although, as a matter of precaution, he should be.

Rule 301: If an uncircumcised pilgrim in ihram, be he adultor discerning child, performs a tawaf, it is invalid. Unless he repeats it, after being circumcised, he will, as a matter of precaution, be regarded as a person who has abandoned tawaf and treated in the light ofthe following rules.

Rule 302: If a person has the means, and is able, to perform obligatory pilgrimage, but is not circumcised, he should be circumcised and can perform pilgrimage in the same year.Otherwise, he must delay it till after circumcision.

If it is not possible for him to be circumcised at all, whether because of some pressing matter or any other reason, it is obligatory on him to performpilgrimage but he should, as a matter of precaution, performtawaf himself for both Umrah and Hajj, and also hire an agent to performtawaf, say its prayeron his behalf.He should, though, say prayer after the agent has said it.

Fifth: Covering the Private Parts

As a matter of precaution, it is necessary to cover one’s private parts during tawaf.The clothes, used for this purpose, have to be lawfully acquired, i.e. not maghsoub. As a matter of precaution, all the rules applicable to the clothes worn during prayer must be observed during tawaf as well.