Examining the Legal Concept of Fusūq and Stating its Obligatory and Situational Ordinance

One of the significant discourses of Hajj pilgrimage is “prohibitions during iḥrām”, including fusūq. Being the verbal noun or the exaggerated mode of fasaqa meaning abandoning obedience of God in Hajj discourses, fusūq has been controversial among the eminent jurists and its source may have been the related traditions. There are three categories of traditions in this regard. According to one, fusūq is the same as lie and according to the other, it means lie and curse, and the third category has interpreted it as lie and self-praise. Despite the fact that the renowned majority of the jurists have considered fusūq as meaning lie, the true view is that it means lie, curse, and self-praise; that is because the traditions of this discourse have no enunciated contradictions and by reconciling between them we would claim that fusūq includes lie, curse, and self-praise. From among the jurists, only Shaykh Mufīd claims that lie invalidates Hajj. However, the Sulaymān b. Khālid’s Ṣaḥīḥ rejects this view because, as limited in number, intercourse (rafth) is considered as invalidating the Hajj.