He who is obliged to return to Makkah to declare and assume ihraam...

He who is obliged to return to Makkah to declare and assume ihraam, if he is excused from doing so, or in doing so he would not be able to come back to Arafaat in time for the Designated (ikhtiari)29 woquf on the ninth day, which is from noon to sunset, he must declare and assume the ihraam from the spot remembered or realised this, and this would be sufficient for him.

If one did not remember his failure to declare and assume ihraam until after completing all of the rites, his Hajj is correct if this was due to oversight or ignorance.

If one deliberately failed to declare and assume ihraam until he missed the time for the two woquf’s, his Hajj is invalidated, and so too if one had not assumed ihraam, due to oversight or ignorance, and after 29 The Haajj (pilgrim) is obliged to perform certain rites during particular Designated times specified for different rites and sites.

If under certain circumstances s/he fails to perform those rites during their relevant Designated times, then s/he must perform those missed rites during their relevant Emergency times. being reminded he did not declare and assume ihraam when it was possible for him to do so. 2. Woquf in Arafaat 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. 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. 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 Mash‘ar would be of any use to him. 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].