Chapter V: The Practical Duties of Islám (2)

It is a farz duty to keep the fast during the thirty days of the month Ramazán. This is laid down in the words: "O believers! a fast is prescribed to you as it was prescribed to those before you." "As to the month Ramazán, in which the Qurán was sent down to be man's guidance, and an explanation of that guidance, and of that {214} illumination, as soon as any one of you observeth the moon, let him set about the fast." (Súra ii. 179-181). The Ijmá' is also unanimous on this point. Young children and idiots are excused. Sick persons and travellers may postpone the fast to another time. "He who is sick, or upon a journey, shall fast a like number of other days. God wisheth you ease, but wisheth not your discomfort, and that you fulfil the number of days." (Súra ii. 181). This is called a qazá fast, that is, a fast kept at another time in lieu of one which has been omitted.

If a person makes a vow that, if God grants a certain request, he will fast (roza-i-nazr), or if he fasts by way of atonement for some sin committed (roza-i-kafára), in both cases it is a wájib duty to keep the fast. Some hold that the former is a farz duty and base their assertion on the verse: "Let them bring the neglect of their persons to a close, and let them pay their vows." (Súra xxii. 30).

All other kinds of fasts are nafl, a term already explained (p. 199). Such are the fasts kept on the 10th day of Muharram, on the Aiyám-i-Bíz (bright days)--the 13th, 14th and 15th day of any month, on the 15th of Sh'abán, that is, the day following the night called Shab-Barát, and on the 30th of each month in which there are thirty days. A nafl fast may be broken if the person who intended to keep it receives an invitation to a feast. According to Bukhárí, a woman may not make a nafl fast without the consent of her husband. The reverse is not the case, for "Men are superior to women on account of the qualities with which God hath gifted the one above the other, and on account of the outlay they make from their substance for them." (Súra iv. 38). It is said that one day a woman came to the Prophet and said that her husband had slapped her. The Prophet wished to punish him for doing so improper an act, but he was prevented by the descent from heaven of the verse just quoted, which is held to be conclusive evidence of the inferiority of women. The verse also contains the words "chide those {215} (wives) for whose refractoriness ye have cause to fear; remove them into beds apart, and scourge them." It is mustahab to fast some days in the month Shawwál, for Muhammad is reported to have said: "Whosoever keeps the fast of Ramazán and some seven days in the preceding month of Shawwál, it is as if his whole life were a fast."

If on account of dull weather, or of dust storms the new moon is not visible, it is sufficient to act on the testimony of a trustworthy person who declares that Ramazán has commenced. Imám Sháfa'í requires two, but the following Tradition is quoted against him: "An Arab came to the Prophet and said: 'I have seen the new moon.' His Excellency said: 'Dost thou believe that there is no God but God? Dost thou confess that Muhammad is His Apostle?' 'Yes,' replied the man. The Prophet calling Billál, the Mu,azzin, said: 'Tell the people to commence the fast.'" This proves that the evidence of one good Muslim is sufficient testimony in the matter.

The fast is destroyed in the following cases:--if when cleansing the teeth a little water should pass into the throat, if food is eaten under compulsion, if an enema is used, if medicine is put into the ears, nose or a wound in the head, if a meal has been taken on the supposition that it was night when it was really day, if the niyyat (intention) in the Ramazán fast was not properly made, if after a meal taken during the night a portion of food larger than a grain of corn remains between the teeth or in a cavity of a tooth, lastly, if food is vomited. In each of these cases a qazá fast must be kept in lieu of the one thus broken.

In the case where the fast is deliberately broken, the person must atone for his sin by setting a slave at liberty; if from any cause that cannot be done, he must fast every day for two months; if that cannot be done, he must give sixty persons two full meals each, or give one man such meals daily for sixty days.

The fast is not broken by merely tasting anything, by {216} applying antimony to the eyes, and oil to the beard, by cleansing the teeth, or by kissing a person; but it is considered better not to do these things during the day-time. The Imám As-Sháfa'í declared that it was very wrong indeed to do either of these actions after noon. He used to repeat the following Tradition handed down by Tabrání. "The Prophet said: 'when you fast, cleanse the teeth in the early morning, because when the lips of him who fasts become dry and parched, they will be for him a light in the day of judgment.'"

If a person through the infirmity of old age is not able to keep the fast, he must perform sadqa, that is, he must feed a poor person. This opinion is based on a sentence in the Qurán, which has caused a good deal of dispute: "As for those who are able (_to keep it and yet break it_), the expiation of this shall be the maintenance of a poor man." (Súra ii. 180). This seems to make fasting a matter of personal option, and some Commentators admit that at first it was so, but they say that the words have been abrogated[224] by the following sentence which occurs in the next verse: "As soon as any one of you observeth the moon, let him set about the fast." Others say that the negative particle "not" must be understood before "able," in which case the words in italics must be omitted. Others explain the expression "those who are able" as equivalent to "those who have great difficulty therein," such as aged and infirm persons. This seems to be the best interpretation and is the one which practically is acted on.

In the case of women with child, mothers giving suck to their children, sick persons whom fasting at this particular time might injure, it is sufficient if they keep it at another time; that is, they must when convenient make a qazá fast. {217} In these cases the sadqa or feeding of the poor is not required. Thus Abu Dáúd says: "The Prophet said, 'God allows travellers to shorten the Namáz and to postpone the fast. Women also are allowed to fast another time.'" The Qurán is also clear on the point: "He who is sick or upon a journey, shall fast a like number of other days." (Súra ii. 181). There are five days in the year in which it is unlawful to fast. These are, 'Íd-ul-Fitr, Baqr-'íd and the three following days, _viz_: the 11th, 12th and 13th of Zu'l-Hajja. If during the month of Ramazán, a person arrives at maturity, or an Infidel becomes a Muslim, each must keep the fast during the remaining days of the month.

To take the Sahra, or meal taken just before sunrise in the month of Ramazán, is a Sunnat act. The great Traditionists, Bukhárí, Muslim and Tirmízí, all agree that the Prophet said: "Eat Sahra because there is a blessing in it. The difference between our fast and that of the men of the Book (Christians) is the partaking of Sahra."

The meal eaten immediately after sunset is called Iftár, or the breaking of the fast. In India it is the custom to eat a date first, or if that fruit is not procurable to drink a little water. In Turkey an olive is chosen as the fruit with which the fast should be broken.

The distinctive feature of a Muhammadan fast is, that it is a fast during the day only. The rich classes by turning day into night avoid much of its rigour.

They, however, frequently break the fast, though any such action must be done in secret, for popular opinion all over the Musalmán world is strongly against a man who does not outwardly, at least, observe the fast of Ramazán. In this matter it may be said

"Pecher en secret, n'est pas pecher,
Ce n'est que l'éclat qui fait le crime."

Those who have to work for their living find the observance of the fast very difficult, for however laborious may be their occupation they must not swallow any liquid; yet as {218} a rule the lower classes observe it strictly.[225] In hot climates this is often exceedingly distressing. In such circumstances the evening twilight is anxiously looked for, as then the Iftár can be commenced. The month of Ramazán brings with it other duties than that of fasting. These will be described in the next chapter.

4. ZAKÁT.--There are two terms in use to express almsgiving. The first is Zakát (literally, "purification") or the legal alms due, with certain exceptions, from every Muslim. The second is Sadqa, or offerings on the feast day known as 'Íd-ul-Fitr, or alms in general.[226] It is the first of these that has now to be considered.

On the authority of the Qurán and the Ijmá'-i-Ummat it is declared to be a farz duty for every Muslim of full age, after the expiration of a year, to give the Zakát on account of his property; provided that, he has sufficient for his subsistence and is a Sáhib-i-Nisáb, or one who possesses an income equivalent to about £5 per annum. The Qurán says: "Observe prayer (Salát) and the legal impost (Zakát)." (Súra ii. 40). The Khalíf 'Umr Ibn 'Abd-ul-'Azíz used to say: "Prayer carries us half way to God, fasting brings us to the door of His palace, and alms procure us admission." The three conditions without which Zakát would not be compulsory are Islám, Hurriat (freedom) and Nisáb (stock). The reason for this is, that Zakát is said to be a fundamental part of 'Ibádat (worship), and that, as the Infidels cannot perform acceptable worship, they have nothing to do with Zakát. Freedom is necessary, for slaves hold no {219} property. Nisáb is required, for so the Prophet has decreed. When the Nisáb is required for daily use the zakát is not taken from it; such as a slave retained for personal service, grain for food, weapons, tools, books, household furniture, wearing apparel, horses for riding, &c., for one Tradition records that the Prophet specially exempted all these, whilst another given on the authority of Bukhárí states that for slaves employed in domestic service only the Sadqa-i-fitr[227] should be given. If a person owes a debt, the amount necessary for its liquidation must be deducted from his property and the Zakát given on the balance. If it is a debt due to God, such as an offering due on a vow or to be given in atonement for the neglect of some religious duty, it must not be so deducted from the property on which Zakát is due.

The amount of gold which constitutes a Nisáb is 20 miskats, or of silver 200 dirhems (=£5 4s.). Whether these metals are in coin or not, one-fortieth part is due. Some say that gold and silver ornaments are exempt, but Imám Sháfa'í does not admit this, and quotes from Abu Dáúd the following Tradition: "A woman with a child, on whose arms were heavy golden bracelets, came to the Prophet. He enquired if the Zakát had been given for them. On receiving a reply in the negative he said: 'It is easy for God in the day of judgment to make thee wear bracelets of fire.' The girl then took them off and said: 'These are for the service of God and of His Prophet.'" On all treasure known as rikáz, that is, buried treasure found by any one, and on valuable metals extracted from mines, one-fifth of the value must be paid, whether the land be Khárijí, rented at its proper market value; or 'Usharí possessed by the payment of a tithe. If the rikáz is found in Dar-ul-Harb, a country under a non-Muslim Government, the whole belongs to the finder, if it is on his own land, or if on unclaimed {220} land he must pay the one-fifth. If the coins found bear the mint stamp of a Musalmán Government, the finder must, if he can, find the owner and return them to him; if they were coined in a mint belonging to the Infidels, after having given one-fifth as Zakát, he may retain four-fifths for himself.

Pearls, amber and turquoise are not subject to any deduction, for the Prophet said: "There is no Zakát for stones."

As regards cattle the following rules have been laid down. For sheep and goats nothing is given when the number is under forty. The owner must give one for one hundred and twenty, two for the next eighty and one for every hundred after. The scale for buffaloes is the same as that for sheep.

For camels the rule is as follows: from 5 to 24 in number, one sheep or goat must be given; from 25 to 35, one yearling female camel (bint-i-mukház); from 36 to 45, one two-year old female camel (bint-i-labún); from 46 to 60, one three-year old female camel (hiqqah); from 61 to 75, one four-year old female camel (jaz'ah); from 76 to 90, two bint-i-labún; from 91 to 120, two hiqqah; and from 121 upwards, either a bint-i-labún for every forty or a hiqqah for every fifty. Horses follow this scale, or two and a half per cent on the value may be given instead. For 30 cows a one-year old female calf (tabi'a) must be given; for 40, a two-year old female calf (musinna), and after that one calf for every ten cows.

Donkeys and mules are exempt, for the Prophet said: "No order has come down (from heaven) to me about them."

If a stock of merchandize exceeds the Nisáb (£5 4s.), Zakát must be given on it and on the profits at the rate of one in forty, or two-and-a-half per cent. The Hanífites do not count a fraction of the forty. The Sháfa'ítes count such a fractional part as forty and require the full Zakát to be paid on it.

Honey, fruit, grain, &c., although less than five camel {221} loads,[228] must according to Imám Abu Hanífa pay one-tenth; but the Sáhibain and Imám Sháfa'í say that if there is less than the five camel loads no Zakát is required. The Prophet said: "If produced on land naturally watered one-tenth is due, if on land artificially irrigated one-twentieth." As he said nothing about the quantity, the Hanífites adduce the fact of the omission as a proof on their side.

The Zakát should be given to the classes of person mentioned in the following verse. "Alms are to be given to the poor and the needy, and to those who collect them, _and to those whose hearts are won to Islám_, and for ransoms, and for debtors, and for the cause of God, and for the wayfarer." (Súra ix. 60). The words italicised, according to the Tafsír-i-Husainí, are now cancelled (mansúkh). The reference is to the Arab Chiefs who were beaten by the Prophet at the battle of Honein (A.H. 8). This victory is referred to in the 25th verse of this Súra. "God hath helped you in many battle fields, and on the day of Honein." Abu Bakr abolished this giving of Zakát to converts, and the Khalíf Omar said to these or similar persons: "This Zakát was given to incline your hearts toward Islám. Now God has prospered Islám. If you be converted it is well; if not, a sword is between us." No Companion has denied this statement, and so the authority for the cancelling of this clause is that of the Ijmá'-i-Ummat (unanimous consent). It is well that an appeal to unworthy motives should be abolished, but no commentator so far as I know makes that a reason for the cancelling of this order. It is always placed on the ground of the triumphant nature of Islám which now needs no such support. Contemptuous indifference, not any high moral motive was the cause of the change.

In addition to the persons mentioned in the verse just quoted, Zakát may be given to assist a Mukátib, or slave {222} who is working in order to purchase his freedom. Persons who are too poor to go on a Jihád or to make the Hajj must be assisted.

The Zakát must not be given for building mosques,[229] for funeral expenses, liquidating the debts of a deceased person, or to purchase a slave in order to set him free. It is not lawful to give the Zakát to parents or grand-parents, children or grandchildren; or for a husband to give it to his wife, or a wife to her husband; or a master to his slave. The Sáhibain[230] maintain that a wife can apply the Zakát to her husband's wants and quote this Tradition: "A woman asked the Prophet if she could give the Zakát to her husband. He answered 'give; such an act has two rewards, one for the giving of charity and one for the fulfilment of the duties of relationship.'" It should not be given to a rich man, nor to his son, nor to his slave. The descendants of Hásham and the descendants of the Prophet should not be the recipients of the Zakát. The Prophet said: "O Ahl-i-Beit (men of the house), it is not lawful for you to receive Zakát, for you get the one-fifth share of my fifth portion of the booty." So some say that Syeds are excluded; but they demur and reply that they do not now get a portion of the spoil of the Infidels. Zakát must not be given to a Zimmí (a non-muslim subject).

In Muhammadan countries there are officers whose duty it is to collect the Zakát; in India the payment is left to each person's conscience. Whilst there is not much regularity in the payment, due credit must be given for the care which Musalmáns take of their poor.

The Sadqa (charitable offerings) form a different branch of this subject. A full account of it will be given in the section of the next chapter which treats of the 'Íd-ul-Fitr.

{223}

5. THE HAJJ.--The Hajj, or pilgrimage to Mecca, is a farz duty, and he who denies this fact is considered to be an infidel. "The pilgrimage to the temple is a service due to God from those who are able to journey thither: and as to him who believeth not--verily God can afford to dispense with all creatures." (Súra iii. 91, 92.) On the authority of Ibn 'Abbás the following Tradition has been handed down. "The Prophet said: 'God has made the Hajj farz.' Then Aqra' bin Hábis, standing up, said: 'O Prophet is it to be made every year?' His Excellency said: 'If I say--yes, it will be a wájib duty to do it annually; but that ye are not able to bear, so the Hajj is necessary only once; whatever pilgrimage may be made to Mecca in addition is nafl.'"

The Hajj must be made by every free Muslim, who is sound in body, and of full age, when he has sufficient means to pay his expenses, after duly providing for the support of his household till his return. If a slave, or a child should make the Hajj, the former on attaining freedom, and the latter on coming of age must again go on pilgrimage. If a woman, whose residence is at a distance of more than three days' journey from Mecca, goes on pilgrimage, she must be accompanied by her husband or by a near relative. Imám As Sháfa'í denies the necessity of such attendance, stating that the verse already quoted makes no such restriction. His objection is, however, met as usual by a Tradition. "A certain man came to the Prophet and said: 'My wife is about to make the Hajj, but I am called to go on a warlike expedition.' The Prophet said: 'Turn away from the war and accompany thy wife in the Hajj.'" Imám Abu Yúsuf considered that a man who possessed the means should go to Mecca, and held that if he delayed more than a year in making the Hajj he was a sinner. Imám Muhammad, and most others think that a person may postpone the Hajj for some years, but if death should overtake the man before he has made {224} the pilgrimage, he will be accounted a sinner. So practically all agree that delay is dangerous.

Connected with the Hajj there are three actions which are farz, and five which are wájib; all the rest are sunnat or mustahab. The farz requisites are: (1) to wear no other garment except the Ihrám,[231] two seamless wrappers, one of which is worn round the loins, the other thrown over the shoulder; (2) to stand in 'Arfát; (3) to make the Tawáf, that is to go round the K'aba seven times.

The wájib duties are: (1) to stay in Muzdalífah; (2) to run between Mount Safá and Mount Marwah; (3) to perform the Ramí-ul-Jamár, or the casting of the pebbles; (4) if the pilgrims are non-Meccans they must make an extra Tawáf; (5) to shave the head after the pilgrimage is over.

The Hajj must be made at the appointed season. "Let the pilgrimage (Hajj) be made in the months already known." (Súra ii. 193). These months are Shawwál, Zu'l-q'ada, and the first ten days of Zu'l-Hajja. The actual Hajj must be in the month Zu'l-Hajja, but the preparations for, and the niyyat, or intention of the Hajj can be made in the two preceding months. The 'Umrah, or ordinary pilgrimage, can be done at any time of the year except on the ninth, and four succeeding days of Zu'l-Hajja. On each of the various roads leading to Mecca, there are at a distance of about five or six miles from the city stages called Míqát. The following are the names. On the Madína road, the stage (manzil) is called Zu'l-Halifah; on the 'Iráq road, Zát-i-'Arq; on the Syrian road, Hujfah; on the Najd road, Qarn; on the Yaman road, Yalamlam.[232]

{225}

The Hájís from all parts of the Muslim world at length arrive weary and worn at one of these stages. They then divest themselves of their ordinary clothing, and after a legal ablution, and after saying a Namáz of two nafl rak'ats they put on the Ihrám. The Hájí, having now really entered upon the Hajj, faces Mecca and makes the niyyat (intention), and says: "O God, I purpose to make the Hajj; make this service easy to me and accept it from me." He then says the Talbíyah[233]: "Here I am! O Alláh! Here I am! Here I am! There is no God but Thee! Truly, praise and bounty, and the kingdom are to Thee! No partner hast Thou! Here am I!"

The persons who reside permanently in any of these Míqát can assume the pilgrim's garb in a place called Hal, near to Mecca, or in the city itself; whilst the inhabitants of Mecca can put on the Ihrám in the precincts of the temple.

The Hájí having assumed the Ihrám must now abstain from worldly affairs, and devote himself entirely to the duties of the Hajj. He is not allowed to hunt, though he may catch fish if he can. "O Believers, kill no game while ye are on pilgrimage." (Súra v. 96). The Prophet also said: "He who shows the place where game is to be found is equally as bad as the man who kills it." The Hájí must not scratch himself, lest vermin be destroyed, or a hair be uprooted. Should he feel uncomfortable, he must rub himself with the open palm of his hand.[234] The face and head must be left uncovered, the hair on the head and beard unwashed and uncut. "Shave not your heads until the {226} offering reach the place of sacrifice." (Súra ii, 192). On arriving at an elevated place, on descending a valley, on meeting any one, on entering the city of Mecca or the Musjid-ul-Harám[235] the Hájí should continually repeat the word "Labbaik, Labbaik."

As soon as he sees the K'aba[236] he must say the Takbír and the Tahlíl. The Traditionist 'Atá says that at this stage the Prophet used to lift up his hands and pray.

On entering the enclosure, the Hájí says the Labbaik, Takbír and the Tahlíl, then a Du'á. A Namáz of two rak'ats is then said at the station of one of the four great Imáms. On arriving near the Hajr-ul-Aswad (black stone) the Hájí again says the Takbír and the Tahlíl, after which he kisses the stone. If, on account of the crowd, he cannot get near enough to do this, he must touch it with his hand or with a stick, and kiss that with which he has thus touched the stone. At the same time he says: "O Alláh, (I do this) in Thy belief, and in verification of Thy book, and in pursuance of Thy Prophet's example--may Alláh bless and preserve him. O accept Thou my supplication, diminish my obstacles, pity my humiliation and graciously grant me Thy pardon." Then he again repeats the Takbír and the {227} Tahlíl, the Darúd and the Tahríf (prayer for, and praise of Muhammad). He then encompasses the K'aba seven times, in accordance with the niyyat he had made, thus: "In the name of Alláh, and Alláh is Omnipotent! I purpose to make the circuit seven times."[237] This is called the Tawáf. The Hájí runs round three times at a rapid pace (Tarammul), and four times he proceeds slowly (Taammul). A permanent resident in Mecca will not perform the Tawáf. The Hájí then presses his stomach, chest and right cheek against the portion of the K'aba wall, called Al-Multazim, and raising up his arms on high says: "O Alláh, Lord of the Ancient House, free my neck from hell-fire, and preserve me from every evil deed; make me contented with that daily bread which Thou hast given to me, and bless me in all Thou hast granted!" He then says the Istigfár--"I beg pardon of Alláh, the Most High, the Living, the Eternal, and to Him I repent."

The Hájí next proceeds to the Maqám-i-Ibráhím[238] (place of Abraham) and then recites two rak'ats[239] called Sunnat-ut-Tawáf. Some water from the sacred well Zemzem is then drunk, after which the Hájí returns to the Hajr-ul-Aswad, and again kisses it.

Hájí Burton thus describes one shaut or circuit:--

"We began the prayer 'O Alláh (I do this) in Thy belief and in
verification of Thy Book, and in faithfulness to Thy covenant and after
the example of Thy Prophet Muhammad. May Alláh bless and preserve him!'
till we reached the place Al-Multazim, between the corner of the black
stone and the K'aba door. Here we ejaculated, 'O Alláh, Thou hast
rights, so pardon my transgressing them.' Opposite the door we
repeated, 'O Alláh, verily the house is Thy house, and the sanctuary
Thy sanctuary, and the safeguard Thy {228} safeguard, and this is the
place of Him who flees to Thee from (hell) fire.' At the building
called Maqám-i-Ibráhím, we said: 'O Alláh, verily this is the place of
Abraham, who took refuge with, and fled to Thee from the fire! O deny
my flesh and blood, my skin and bones to the (eternal) flames.' As we
paced slowly round the north or Irák corner of the K'aba we exclaimed,
'O Alláh, verily I take refuge with Thee from polytheism, and
disobedience, and hypocrisy, and evil conversation, and evil thoughts
concerning family, and property and progeny.' When we passed from the
Mízáb, or spout, we repeated the words, 'O Alláh, verily I beg of Thee
faith which shall not decline, and a certainty which shall not perish,
and the good aid of Thy Prophet Muhammad--may Alláh bless and preserve
him! O Alláh, shadow me in Thy shadow, on the day when there is no
shadow by Thy shadow; and cause me to drink from the cup of Thy Prophet
Muhammad--may Alláh bless and preserve him--that pleasant draught,
after which is no thirst to all eternity, O Lord of honour and glory.'
Turning to the west corner, or the Rukn el Shámí, we exclaimed: 'O
Alláh, make it an acceptable pilgrimage, and a forgiveness of sins, and
a laudable endeavour, and a pleasant action (in Thy sight), and a store
which perisheth not, O Thou Glorious, O Thou Pardoner!' This was
repeated thrice, till we arrived at the Yemaní, or southern corner,
where the crowd being less importunate, we touched the wall with the
right hand, after the example of the Prophet, and kissed the
finger-tips. Between the south angle and that of the black stone, where
our circuit would be completed, we said: 'O Alláh, verily I take refuge
with Thee from infidelity, and I take refuge with Thee from want, and
from the tortures of the tomb, and from the troubles of life and death.
And I fly to Thee from ignominy in this world and the next, and implore
Thy pardon for the present and the future. O Lord, grant to me in this
life prosperity, and in the next life prosperity, and save me from the
punishment of fire.'"

The next important step is the running between the Mounts Safá and Marwah. Starting from the former, the Hájí runs seven times between the two summits. He runs, moving the shoulders, and with head erect, like soldiers charging in battle. The reason for this is, that the infidel Meccans mocked the Companions of the Prophet, and said that the climate of Madína had made them weak. This bold way of running was adopted to disprove the {229} calumny and so has become a Sunnat practice. The prayer to be said during the S'ai (running) is: "O my Lord, pardon and pity, and pass over that (sin) which Thou knowest. Verily Thou knowest what is not known, and verily Thou art the most Glorious, the most Generous. O, our Lord, grant us in both worlds prosperity, and save us from fire." The Hájí should also quote passages from the Qurán. This S'ai must be done after an important Tawáf, either the first, or a later one. On the seventh day the Imám must preach in Mecca, and instruct the pilgrims in the ritual of the Hajj. He preaches again on the ninth and eleventh days.

On the eighth day, (Rúz-i-Tarwiáh), the Hájí goes to Miná, a place three miles distant from Mecca, where with all the other Hájís he says the usual Namáz, and there spends the night.[240] This is a sunnat observance. On the morning of the ninth day, starting after the Salát-ul-Fajr, the Hájí goes to 'Arifát.[241] On arriving there he says: "O God, I turn to Thee, I put my trust on Thee, I desire Thee, pardon my sin, accept my Hajj, show mercy to me, supply my need in 'Arifát, Thou art powerful over all." He then says Labbaik, the Takbír and the Tahlíl.

The noontide, and the afternoon Namáz are said together there: they are thus shortened.[242] This done he should stand upon the mountain, if possible at or near the place the Prophet {230} is said to have occupied. This is called the Wukúf or (standing), a necessary part of the Hajj. He must also listen to the sermon delivered by the Imám, explaining what still remains of the ritual of the Hajj, _i.e._, how the Hájís are to stand in Muzdalífah, to throw the stones in Miná, to make the sacrifice, &c.

All the time the Hájí should constantly shout out the Talbíyah, and the Tahlíl, and weep bitterly.

The Hájí then proceeds to Muzdalífah, a place situated about half-way between Miná and 'Arifát, where he should pass a portion of the night. After a visit to the Mosque Mashar al Harám, he should collect seven pebbles and proceed to Miná.

When the morning of the tenth day, the 'Íd-ul-Azhá arrives, he again goes to Miná, where there are three different pillars, called respectively the Jamrat-ul-Akabah, commonly known as the Shaitan-ul-Kabír[243] (great devil), the Wusta, or middle pillar, and the Al Ula, or first one. Holding the jamár, or pebble, between the thumb and forefinger of the right hand, the Hájí throws it a distance of not less than fifteen feet and says: "In the name of Alláh, and Alláh is Almighty, (I do this) in hatred of the Fiend and to his shame." The remaining six stones are thrown in like manner. The object is to confound the devils who are supposed to be there. The stones are small lest the pilgrims should be hurt. Before each stone is thrown the Takbír must be said. This ceremony is called Ramí-ul-Jamár, the throwing of stones. It is also known as Hasal Khazaf. It is said that this ceremony has been performed since the time of Abraham, and that the stones are miraculously removed. Ibn 'Abbás, a Companion, says that if the pilgrimage of a Hájí is approved of by God, the stones are secretly removed. Mujáhid, a well known Traditionist, {231} says that he put a mark on his stones and afterwards searched, but found them not. The pilgrim then returns to Miná, and there offers the usual sacrifice of the 'Íd-ul-Azhá. An account of this will be given in the next chapter. This act strictly speaking, concludes the Hajj. The Hájí can now shave his head, pare his nails and remove the Ihrám.

The remaining three days, the 11th, 12th and 13th of Zu'l-Hajja are called the Aiyám-ut-Tashríq "days of drying flesh" because now the pilgrims prepare provisions for the return journey, by cutting slices from the victims offered in sacrifice and drying them in the sun. The Hájí should spend this time at Miná, and each day throw seven pebbles at each of the pillars. This ceremony duly over, he returns to Mecca and makes the Tawáf-ul-Widá' (circuit of farewell). He should also drink some water from the well of Zemzem. Tradition says that when Ishmael was thirsty Gabriel stamped with his foot and a spring gushed forth. This is now the far-famed well Zemzem. Finally, the Hájí kisses the threshold, and then, with hands uplifted laying hold of the covering of the K'aba, and weeping bitterly, he prays most humbly, and expresses regret that he will soon have to depart from a place so dear as the sacred K'aba. Retiring backwards, he makes his exit and the Hajj is complete.[244] The Umráh or little pilgrimage can be made at any time except the eighth, ninth and tenth of Zu'l-Hajja. It is usually done before pilgrims start homewards. Its ceremonies differ but slightly from the Hajj. The Ihrám must {232} be put on, and the obligations of abstinence which it entails must be observed.

The usual course is then to make the Ziárat, or visit to the tomb of the Prophet at Madína. Henceforth the pilgrim assumes the honorable title of Hájí and so is, ever after, a person of some consequence among the community in which he dwells. The Hajj cannot be performed by proxy, though it is esteemed a 'good work,' if someone who can afford it, sends a pilgrim who otherwise could not go.

This account of the Irkán-i-dín, or five pillars of religion, must now draw to a close. They illustrate well the fixed and formal nature of Islám, whilst the constant reference to the Prophet's sayings and practice, as an authority for many of the details, shows how largely Islám is based on the Sunnat. With regard to the differences of opinion which the great Imáms hold on some of the details, it is most difficult to decide which side holds the correct view. Such opinions are always based on some Tradition, the value of which it is impossible to determine. The opponent says it is a weak (z'aif) Tradition--a statement it would puzzle any one to prove or to disprove. It is sometimes said in praise of Musalmáns that they are not priest-ridden; but no people in the world are so Tradition-ridden, if one may use such an expression. Until this chain of superstition is broken there can be no progress and no enlightenment; but when it is so broken Islám will cease to be Islám, for this foundation of the Faith and the edifice erected on it are so welded together that the undermining of the one will be the fall of the other.

{233}

NOTE TO CHAPTER V.

_The following Fatvá was publicly given in the Great Mosque,
Triplicane, Madras, February 13th, 1880._

In the name of God, the Compassionate, the Merciful.

QUESTION.

"O 'Ulamá of the religion, and Muftís of the enlightened Law, what is
your opinion in this matter? A person having translated a juz
(one-thirtieth part) of the noble Qurán into the Hindustani language
has printed it. The translation is defective: moreover the Arabic text
is not given. In order to give the translation the same authority as
the original, he has retained the usual signs and marks of the Arabic
editions; such as--toí, qif, jím, lá, mím, and (.).[245] At the end of
the juz he has added a translation of the Tashshahud, Qanúd, Saná,
Ta'awwuz, Tasmí, Tashibát, rukú' and Sujúd, and has said that all these
must be read in Hindustani. He further states that in the translation
he has retained the rhythm of the original, and that in eloquence and
style it is equal to the Arabic. He has also added rubrical directions
as to the ritual of the Namáz, and has stated that to those who do not
know Arabic, it is a wájib and a farz duty to recite the translation;
otherwise they commit sin and the Namáz is vain. As regards the past,
he considers that the ignorant are forgiven, but he maintains that the
'Ulamá of these days must answer for the neglect they show in not
telling the people to use translations of the Qurán. Further, in
support of his views he adduces a Hadís-i-Sahíh, according to which the
Prophet said to a Companion, Salmán-i-Farsí: "Read a translation of the
Qurán in the Namáz." He claims, as on his side, the four great Imáms.
He himself understands Arabic, yet he says his Namáz in Hindustani and
influences others to do likewise. He has been spoken to, but he takes
no heed and strives to spread his sect all over India.

Now, what is the order of the noble Law with regard to such a person,
and what is the decree in the case of those who follow {234} him, or
who circulate his opinions, or who consider him a religious man and a
guide, or who consider the translation to which reference has been made
to be the Holy Qurán, or who teach it to their children? O learned men,
state the Law in this matter and merit a good reward."

THE ANSWER.

"After praising God, and after imploring His mercy and peace on
Muhammad, be it known that the person referred to is an infidel, an
atheist and a wanderer from the truth. He also causes others to wander.
His assertion that his opinions are in accordance with those of the
four Imáms is utterly false, because according to Imám Sháfa'í, Imám
Málik, and Imám Hanbal it is illegal to use a translation of the Qurán
when saying the Namáz, whether the worshipper is ignorant of Arabic or
not. Thus Imám Navarí, a disciple of Sháfa'í says: "It is unlawful in
any case to use Persian[246] in the Namáz." Faqí 'Alí, a disciple of
Málik says: "Persian is unlawful." To these opinions Káfí, a disciple
of Hanbal adds his testimony: "To recite in the Namáz from a
translation of the Qurán is unlawful." Moreover from the Qurán itself,
the recital of it in Arabic is proved to be a divine command (farz).
The term Qurán, too, means an Arabic Qurán, for God speaks of it as a
revelation in Arabic. The words "recite so much of the Qurán as may be
easy to you" prove the duty of reciting it; whilst the words "an Arabic
Qurán have we sent it down" show that the Qurán to be used is an Arabic
one. Imám Abu Hanífa and his disciples, the Sáhibain (Imám Muhammad and
Imám Abu Yúsuf), consider that, if a person can recite only a short
verse in Arabic, it is not lawful for such an one to use a translation.
If he cannot read the Arabic character, he must learn by heart such a
sentence as "Praise be to God, Lord of the people." Until he learns
this he may use a translation.[247] In the Tanwír-ul-Absár it is
written: "It is a farz duty to read one verse, and to learn it by heart
is farz-i-'ain" (_i.e._, incumbent on all). In the Masíh-ul-Azhar it is
written: "If a person says the Namáz in a language other than Arabic,
he is a madman or an atheist." With regard to the statement made by
Imám Abu Hanífa that a person might use for a {235} time a translation,
it is well known that he afterwards recalled that opinion. The
statement made by the person complained of regarding Sulmán-i-Farsí is
not correct. In the Niháyáh (commentary on the Hidáyah) it is written
that some Persians wrote to Sulmán, and requested him to send them a
Persian translation of Súrat-ul-Fátiha. He complied with their request
and they used it in the Namáz, _until they could pronounce Arabic
properly_. The Prophet on hearing of this circumstance made no remark.
This account, however, is not trustworthy; but granting that it is
true, all that it proves is that, until some Arabic words can be
remembered, a translation may be used. No Imám has ever allowed that to
read a translation is farz or wájib. So if the person referred to says
that it is farz to read his own translation, then it follows that to
read the original Arabic will not be farz, but will be unlawful. Now
such an opinion is infidelity. The person is a Káfir, for he tries to
make out that the 'Ulamá of all preceding ages who have instructed the
people, from the days of the Prophet till now, to read Arabic in the
Namáz are sinners. Further, he rejects the statement made by learned
canonists and listens now to no advice. He reads his translation in the
Namáz and causes others to read it. He boasts that his translation is
equal in style to the original. He has translated the Du'á-i-qunút,
Saná, and the Tasbíhát of the rukú' and Sujúd, and has said that these
translations should be used in the Namáz. Thus, it is plain that he
wants to abolish the use of Arabic in the prayers. The result of such a
course would be that soon a number of different translations would be
circulated, and the text like that of the Taurait, and the Injíl would
be corrupted. In the Fatáwá-i-'Álamgírí it is written: "Whosoever
considers that the unlawful is lawful or _vice versâ_ is a Káfir." "If
any one without apparent cause has enmity with one of the 'Ulamá, his
orthodoxy is doubtful." "A man who after committing a fault declines to
repent, though requested to do so, is an infidel." In the
Tahqíq-i-Sharh-i-Husainí it is written; "To translate the Qurán into
Persian and to read that is unlawful." In the
Fatáwá-i-Matlúb-ul-Múminín it is said: "Whosoever intends to write the
Qurán in Persian must be strictly forbidden." In the Itqán it is
written: "According to Ijmá', it is wrong to speak of the Qurán as
having rhymes."[248] In the Fatáwá-i-Tátár Khánía it is said: "To
translate the Arabic into Persian is an act of infidelity."

Our decision then is that the usual salutations should not be made to
this person. If he dies he must not be buried in a Musalmán {236}
cemetery. His marriages are void and his wives are at liberty,
according to the rule laid down in the Miftáh-us-S'ádat. To doubt of
the infidelity of such a person is itself infidelity. As by the proofs
of the law here adduced, the 'Ulamá have declared such a person to be
an infidel, it follows that all those who assist him or who consider
his claim just, or who circulate his opinions, or who consider him to
be a religious person and a fit guide for men, are also infidels. To
send children to be taught by him, to purchase newspapers which
advocate his views, and to continue to read his translation is
unlawful. In the Fatáwá-i-'Álamgírí in the chapter entitled Murtád it
is written: "Whosoever has doubts of the present infidelity and of the
future punishment of such an one is an infidel." God says in the Qurán:
"Be helpful to one another according to goodness and piety, but be not
helpful for evil and malice; and fear ye God." (Súra v. 3). In another
place God says: "Whosoever acts not according to God's order is an
infidel." Now, what greater disobedience can there be than this, that a
person should say that the recital of the Arabic Qurán in the Namáz is
not lawful, and that the recital of his own Hindustani translation of
it is incumbent (farz).

"Our duty is to give information to Musalmáns, and God is the best
Knower."

This was written by a learned Moulvie, and signed by twenty-four other
leading Moulvies of the city of Madras.

This Fatvá, an authentic copy of which is in my possession, is of very
considerable importance as showing how unyielding the law of Islám is
to the varied circumstances of the countries in which it exists. The
law enjoining the Arabic language as a medium of worship was suited for
the Arab people, and the principle involved would seem to be that the
vernacular language of a country should be used by the Muslims of that
country for the purposes of devotion; but, as I have repeatedly shown,
precepts, not principles are the ruling power in Islám. It further
demonstrates that all such matters must be regulated, not by the needs
of the age or country, but by an antiquated law which, to say the
least, is an anachronism in the world's history. The authority paid to
the statements made by the four chief Imáms, and the fact that the
Fatvá is based on their decisions, and on previous Fatvás in which
their authority has been adduced, show how even to the present day they
are regarded as the Mujtahidín of Islám. The Fatvá is thus manifestly
orthodox, and corroborates most fully all I have said in the first
chapter on the "Foundations of Islám."

{237}

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