Current Legal Issues

Rules of Say

Q.1 Would say on level two [of the track between Safa and Marwah] be in order?

Yes, if the pilgrim, who is performing say, ends up on either side of mounts Marwah and Safa and can still see them.

Q.2 Someone appointed a proxy to perform say for him. The mandator, himself, should have been in a state of ihram, if he were to perform say. Should the deputy perform say in a state of ihram? What is the ruling if the deputy has volunteered to do it [i.e. not a hired one]?

It is not obligatory.

Q.3 What is the ruling on an incident, during say, where a pilgrim turned his back on some [object or direction] which he should have faced?

Provided it is not too late for adhering to the succession [of the laps], he should rectify the situation by repeating the part where the doubt crept. Should it be too late for realising the succession according to urf, the entire say must be repeated as a matter of ihtiyat luzumi.

Q.4 If a lap was repeated, would the niyyah be as adaa or qadhaa?

The niyyah should be adaa not qadhaa.

Q.5 A mukallaf performed tawaf at the start of sunrise or sunset. Is it permissible for him to delay say until before sunset of the next day? That is, is it permissible to delay say for such a period?

Optionally, it is not permissible to delay [say] until the following day. A delay of few hours is in order.