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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the explanation of the author's statement: "If slavery, insanity, or childhood ceases during Hajj at 'Arafah, or during 'Umrah before its tawaf, then the obligatory act is valid."

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The Shaykh : His Hajj becomes obligatory. If someone asks how it is possible for insanity to cease at 'Arafah, and whether the contract of ihram is valid for an insane person, the answer is that some scholars have said that an insane person may be placed in ihram by his guardian, just as a young child may be. A young child does not have discernment, and an insane person does not have reason. Therefore, if it is permissible to place a child who lacks discernment in ihram, it is permissible to place an insane person in ihram. Based on this opinion, there is no difficulty. Why? Because his guardian will place him in ihram while he is insane, and he will remain in the state of ihram. If he regains his reason at 'Arafah, it is valid to say that his insanity ceased at 'Arafah while he was in ihram. Alternatively, if we say that an insane person's ihram is not valid, whether by himself or by his guardian, then the author's statement is understood to refer to a case where insanity occurred after entering ihram. That is, he entered ihram while sane, then became insane, and then his insanity ceased at 'Arafah. There is another difficulty with this view: does not insanity invalidate the ihram? We say no, insanity does not invalidate the ihram; rather, he remains in his state of ihram. Then, if his insanity ceases at 'Arafah, he completes it. If it ceases after 'Arafah, he has missed the Hajj and completes it as an 'Umrah. If he remains insane, he is like one who is prevented (muhsar), meaning he exits the state of ihram by sacrificing a hady if possible. As for the cessation of childhood for Hajj at 'Arafah, "childhood" means youth, and this occurs by reaching puberty at 'Arafah. Is it possible to reach puberty at 'Arafah? Yes, by age or by nocturnal emission. By age, for example, if a boy was born in the middle of the day of 'Arafah and turned fifteen in the middle of the day of 'Arafah, then he would have reached puberty on the day of 'Arafah. Or he might sleep on the day of 'Arafah and have a nocturnal emission, in which case he would have reached puberty at 'Arafah. If a boy reaches puberty at 'Arafah, his Hajj becomes obligatory and suffices for the Hajj of Islam. He says "And in 'Umrah, before its tawaf, it is valid as an obligatory act". Similarly, if a boy performs 'Umrah and reaches puberty during the 'Umrah before he begins the tawaf, then this 'Umrah of his becomes obligatory. Likewise, if an insane person becomes insane after entering ihram for 'Umrah, or if we hold that his guardian's ihram on his behalf is valid, and then he regains his reason before the tawaf of 'Umrah, then it is valid as an obligatory act. Also, if a slave enters ihram for 'Umrah while he is a slave, and then his master frees him before he performs the tawaf, then his 'Umrah becomes obligatory. It is known from his statement that if slavery, insanity, or childhood ceases after 'Arafah, it does not become obligatory. However, if it ceases after 'Arafah while the time for standing remains, and he returns to stand, then it is valid. For example, if a boy or a slave departs from 'Arafah after the sun sets on the night of the festival, and on that night he reaches puberty or is freed, we tell him that if he returns to 'Arafah now and stands there, his Hajj will be obligatory. This is because the Prophet (peace and blessings be upon him) said
Hajj is 'Arafah الحج عرفة
. He stood at 'Arafah before the time for standing had passed. At that time, we say that if he returns to 'Arafah and stands at 'Arafah, he must return to Muzdalifah in order to spend the night there. If someone asks whether it is obligatory for him, if he reaches puberty after departing from 'Arafah while the time for standing remains, to return to 'Arafah to stand, or if he may continue? We say that if we hold that Hajj is an immediate obligation, then he must return to stand at 'Arafah so that he performs it from the time it became obligatory upon him. If we hold that it is a deferred obligation, he is not required to return to 'Arafah; he continues to complete this Hajj, and this Hajj becomes a voluntary act, not an obligatory one. So, regarding the author's (may Allah have mercy on him) statement "In Hajj at 'Arafah", a question arises: if childhood, slavery, or insanity ceases after departing from 'Arafah, and he returns to stand before the time for standing has passed, then it is valid as an obligatory act. A question branches from this: is he required to return if he reaches puberty before the time for standing has passed? This depends on the opinion regarding the performance of Hajj: is it an immediate obligation or not? If we say it is an immediate obligation, he is required to return because he was able to fulfill the obligation. If we say it is a deferred obligation, he is not required to return, and in that case, if he continues, the Hajj from him is a voluntary act and valid as an obligatory one.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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