Rafed English

Woquf in Arafaat

406. The second rite of the Hajj is Woquf in Arafaat. It is obligatory for the Haajj (pilgrim) to observe Woquf [being preset] in Arafaat, in that he is present there all the time from midday or noontime until sunset, [referred to as the Designated (ikhtiari) woquf]. This does not mean that he should stand on his feet.
407. It is obligatory to observe the Woquf in Arafaat itself, for it is not sufficient to observe the Woquf in Namirah, or other areas in the vicinity of Arafaat. Arafaat has known borders with clear visible signs stating "The Start of Arafaat" and "The End of Arafaat", and therefore one may not breach those borders.
408. The rukn, or principal element of the woquf is the extent that can be called as woquf, which literally means "being present there"[30], and the time that exceeds the rukn is obligatory, and it is not permitted to abandon the excess time. BUT if one [deliberately] abandons the rukn the basic woquf itself until time of the Designated woquf has lapsed, until sunset, his Hajj is invalidated, and neither the Emergency woquf [in Arafaat] nor that in Mashar would be of any use to him.
409. The Emergency Woquf in Arafaat is from the time of sunset [on the ninth day] until the time of Fajr on the day of Eid [the tenth day].
410. If one forgets to observe the woquf in Arafaat [on time], it is obligatory for him to do so in the Designated time if it was possible, failing that, he should observe the Emergency woquf, and then observe the woquf in the Mashar and his Hajj is valid.
411. As mentioned previously, it is obligatory [for the pilgrim] to observe the woquf in Arafaat [during the entire period] from midday noontime / midday until sunset. If, due to deliberate failure, one did not observe the woquf on time, [i.e. not from precisely noontime, but from later on], he has sinned but his Hajj is correct and he is not liable [to do or give] anything. However, if this was due to an oversight or another excuse, he has not sinned, and his Hajj is correct too.
412. If one did not observe the woquf in Arafaat up to the end of the required time, i.e. he deliberately left Arafaat before sunset, if he repented and returned before sunset, he is not liable to a kaffaarah, and if he does not repent and does not return, he is liable to a kaffaarah of a camel. If he could not afford a camel, he must fast 18 days continually with no interruption between those days. The fast can be in Makkah, en route back to his hometown or when at home.
413. If due to oversight one departed [Arafaat] before sunset and did not realise this during the time [before sunset] he is not liable to anything. If he realised the oversight before sunset, it is obligatory for him to return to Arafaat, and to remain there until sunset. If he dos not do so and does not return, he has sinned and the ruling of his case is similar to the one who deliberately left Arafaat. The ruling of the one who does so out of ignorance is the same as that who had forgotten, even if his ignorance being due to him being moqassir.
414. The Designated woquf for Arafaat as mentioned before is from midday to sunset, and the Emergency Woquf is from sunset to fajr. The latter is qualifying for anyone who forgot to observe the woquf in Arafaat, or was excused due to any other reason. However, in the case of the Emergency Woquf it is not obligatory to observe it completely and entirely[31] as it is required in the case of the Designated woquf. The obligation in this [Emergency Woquf] is the extent that can be called as "being present there". However, the Emergency Woquf is a substitute for the Designated woquf as far as the obligation of observing the entire period is concerned, if it was possible to do so. This is provided this would not detract him from [the woquf] in the Mashar before sunrise.
415. If one observed the Emergency Woquf [in Arafaat], and it was not possible for him to observe the woquf in the Mashar before sunrise, his Hajj is invalidated by deliberately failing to observe the woquf in the Mashar. Therefore it is obligatory for him, if it was possible, to ensure that he observes the woquf in the Mashar, by observing the Emergency woquf in Arafaat, and then come to the Mashar. If that was not possible, he should limit [his woquf] to observing the woquf in the Mashar [only], and [go on] to complete his Hajj. Similarly, if he missed observing the woquf in Arafaat completely due to forgetting, oversight or any other reason, and he did not remember it until after the elapse of the woquf time, but it was possible for him to observe the Woquf in the Mashar in the Designated time, his woquf in the Mashar is qualifying and his Hajj is valid.
416. The above ruling concerning the one who had forgotten applies to the qaasir ignorant, but as for the moqassir, the ruling in this case is inconclusive [i.e. no fatwa is given in the validity or invalidity of the Hajj].
417. If the judge or mufti of the non-Shi'a announced the day of Arafaat and the day of Eid, and one is not sure of the invalidity of the announcement, or if one was sure of the invalidity of the announcement but was confined to comply with that, then it is permissible for him to follow accordingly for the two woquf's, and the Hajj is valid and he does not need to repeat.

Notes:

[30] Being present in Arafaat even for a few minutes constitutes the rukn of woquf, and if one after, say, ten minutes left Arafaat, he has disobeyed the orders of Allah Almighty and has sinned, but his Hajj would not be invalidated.

[31] i.e. from sunset to fajr.

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