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Yahya related to me from Malik, from Abu'n-Nadr, the mawla of
'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al-
Ansari, that Abu Qatada was once with the Messenger of Allah, may
Allah bless him and grant him peace. When they got to one of the roads
to Makka he fell behind with some companions of his who were muhrim,
while he was not. Then he saw a wild ass, so he got on his mount and
asked his companions to give him his whip but they refused. Then he
asked them for his spear and they refused to give it to him. So he
took hold of it and attacked the ass and killed it. Some of the
companions of the Messenger of Allah, may Allah bless him and grant
him peace, ate from it, and others refused. When they had caught up
with the Messenger of Allah, may Allah bless him and grant him peace,
they asked him about it and he said, "It is food that Allah has fed
you with."
Yahya related to me from Malik from Nafi that when Abdullah ibn
Umar set out for Makka during the troubles (between al-Hajjaj ibn
Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to
the House we shall do what we did when we were with the Messenger of
Allah, may Allah bless him and grant him peace," and he went into
ihram for umra, because that was what the Messenger of Allah, may
Allah bless him and grant him peace, did in the year of al-Hudaybiya.
But afterwards, he reconsidered his position and said, "It is
the same either way." After that he turned to his companions and said,
"It is the same either way. I call you to witness that I have decided
in favour of hajj and umra together."
He then got through to
the House (without being stopped) and did one set of tawaf, which he
considered to be enough for himself, and sacrificed an animal.
Malik said, "This is what we go by if someone is hindered by an
enemy, as the Prophet, may Allah bless him and grant him peace, and
his companions were. If some one is hindered by anything other than an
enemy, he is only freed from ihram by tawaf of the House. "
Yahya related to me from Malik that Sumayy, the mawla of Abu Bakr
ibn Abd ar-Rahman, heard Abu Bakribn Abd ar-Rahman say, "A woman came
to the Messenger of Allah, may Allah bless him and grant him peace,
and said, 'I had arranged to do hajj, but I was prevented,' and the
Messenger of Allah, may Allah bless him and grant him peace, said, 'Do
umra in Ramadan, for doing umra in it is like doing hajj.' "
Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or
Dhu'l-Hijja and then goes back to his people, and then returns and
does hajj in that same year does not have to sacrifice an animal.
Sacrificing an animal is only incumbent on some one who does umra in
the months of hajj, and then stays in Makka and then does hajj. A
person not from Makka who moves to Makka and establishes his home
there and does umra in the months of the hajj and then begins his hajj
there is not doing tamattu. He does not have to sacrifice an animal
nor does he have to fast. He is in the same position as the people of
Makka if he is one of those who are living there."
Malik was
asked whether a man from Makka who had gone to live in another town or
had been on a journey and then returned to Makka with the intention of
staying there, regardless of whether he had a family there or not, and
entered it to do umra in the months of the hajj, and then began his
hajj there, beginning his umra at the miqat of the Prophet, may Allah
bless him and grant him peace, or at a place nearer than that, was
doing tamattu or not?
Malik answered, "He does not have to
sacrifice an animal or fast as someone who is doing tamattu has to do.
This is because Allah, the Blessed and Exalted, says in His Book,
'That is for someone whose family are not present at Masjid al-Haram.
'
Yahya related to me from Malik from Said ibn Abi Said al-Maqburi
that Ubayd ibn Jurayj once said to Abdullah ibn Umar, "Abu Abd ar-
Rahman, I have seen you doing four things which I have never seen any
of your companions doing." He said, "What are they, Ibn Jurayj?" and
he replied, "I have seen you touching only the twoYamani corners, I
have seen you wearing hairless sandals, I have seen you using yellow
dye, and, when you were at Makka and everybody had started doing
talbiya after seeing the new moon, I saw that you did not do so until
the eighth of Dhu'l-Hijja."
Abdullah ibn Umar replied, "As
for the corners, I only ever saw the Messenger of Allah, may Allah
bless him and grant him peace, touching the two Yamani corners. As for
the sandals, I saw the Messenger of Allah, may Allah bless him and
grant him peace, wearing hairless sandals and doing wudu in them, and
I like wearing them. As for using yellow dye, I saw the Messenger of
Allah, may Allah bless him and grant him peace, using it, and I also
like to use it for dyeing things with. As for doing talbiya, I never
saw the Messenger of Allah, may Allah bless him and grant him peace,
begin doing so until he had set out on the animal he was riding on
(i.e. for Mina and Arafa)."
Yahya related to me from Malik, from Ibn Shihab, from Ubaydullah
ibn Abdullah ibn Utba ibn Masud, from Abdullah ibn Abbas, that as-Sab
ibn Jaththama al-Laythi once gave a wild ass to the Messenger of
Allah, may Allah bless him and grant him peace, while he was at al-
Abwa, or Waddan, and the Messenger of Allah, may Allah bless him and
grant him peace, gave it back to him. However, when the Messenger of
Allah, may Allah bless him and grant him peace, saw the expression on
the man's face he said, "We only gave it back to you because we are in
ihram."
Yahya related to me from Malik from Hisham ibn Urwa that his
father would never do two sets of seven tawafs together without
praying between them. After every seven tawafs he would pray two
rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.
Malik was asked whether a man doing voluntary tawaf could, to
make it easier on himself, join two or more sets of seven circuits and
then pray whatever he owed for those sets of seven, and he said, "He
should not do that. The sunna is that he does two rakasafter every
seven circuits."
Malik said, about someone who began doing
tawaf and then forgot how many he had done and did eightor nine
circuits, "He should stop when he knows that he has done more than the
right number and then pray two rakas,and he should not count the ones
that he has done in excess. Neither should he build on the nine that
he has done and then pray the rakas for the two sets of seven circuits
together, because the sunna is that you pray two rakas after every
seven circuits."
Malik said that someone who was in doubt
about his tawaf after he had prayed the two rakas of tawaf should go
back and complete his tawaf until he was certain of how much he had
done. He should then repeat the two rakas, because prayer when doing
tawaf was only valid after completing seven circuits.
"If
some one breaks his wudu either while he is doing tawaf, or when he
has finished tawaf but before he has prayed the two rakas of tawaf, he
should do wudu and begin the tawaf and the two rakas afresh. Breaking
wudu does not interrupt say between Safa and Marwa, but a person
should not begin say unless he is pure by being in wudu."
Malik was asked about whether a man could stand at Arafa, or at
Muzdalifa, or stone the Jamras, or do say between Safa and Marwa if he
was not in wudu, and he said, "Every practice in the hajj that a
menstruating woman can take part in can be taken part in by a man who
is not in wudu and there is nothing due from him for that. However, it
is better for him to be in wudu for all those things, and he should
not make a general practice of it."
Malik was asked whether a
man who was riding should get down to do the standing at Arafa or if
he could stand while mounted, and he said, "He can stand while
mounted, unless he or his riding beast have an illness, in which case
Allah is the one who most often accepts an excuse."
Yahya related to me from Malik, from Hisham ibn Urwa, from his
father, that A'isha, umm al-muminin, said to him, "Son of my sister,
it is only for ten nights, so if you get an urge to do something,
leave it," by which she meant eating game-meat.
Malik said
that if game was hunted forthe sake of a man who is in ihram and it
was prepared for him and he ate some of it knowing that it had been
hunted for his sake, then he had to pay a forfeit for all of the game
that had been hunted on his behalf.
Malik was asked about
whether someone who was forced to eat carrion while he was in ihram
should hunt game and then eat that rather than the carrion, and he
said, "It is better for him to eat the carrion, because Allah, the
Blessed and Exalted, has not given permission for someone in ihram to
either eat game or take it in any situation, but He has made
allowances for eating carrion when absolutely necessary."
Malik said, "It is not halal for anyone, whether in ihram or not, to
eat game which has been killed or sacrificed by some one in ihram,
because, whether it was killed deliberately or by mistake, it was not
done in a halal manner, and so eating it is not halal. I have heard
this from more than one person. Somebody who kills game and then eats
it only has to make a single kaffara, which is the same as for
somebody who kills game but does not eat any of it."
Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn
Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi
Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless
him and grant him peace, saying, "'Abdullah ibn Abbas said that
whatever was haram for some one doing hajj was also haram for some one
who sent a sacrificial animal until the animal was sacrificed. I have
sent one, so write and tell me what you say about this, or tell the
man in charge of the animal what to do.
Amra said that A'isha
said, "It is notas Ibn Abbas has said. I once plaited the garlands for
the sacrificial animal of the Messenger of Allah, may Allah bless him
and grant him peace, with my own two hands. Then after that the
Messenger of Allah, may Allah bless him and grant him peace, himself
put the garlands on the animal and then sent it with my father. And
there was nothing that Allah had made halal forthe Messenger of Allah,
may Allah bless him and grant him peace, that was haram for him until
such time as the animal had been sacrificed."
Yahya related to me from Malik from Zayd ibn Aslam from his
father that Umar ibn al-Khattab prayed two rakas with the people of
Makka, and then, when he had finished, he said, "People of Makka,
complete your prayer, becausewe are a group of travellers." Later,
Umar prayed two rakas with them at Mina, but we have not heard that he
said anything to them on that occasion.
Malik was asked
whether the people of Makka should pray two rakas at Arafa or four,
and whether the amir of the hajj, if he was a Makkan, should pray
dhuhr and asr with four rakas or two, and also how the people of Makka
who were living (at Mina) should pray, and he said, "The people of
Makka should pray only two rakas at Arafa and Mina for as long as they
stay there, and should shorten the prayer until they return to Makka.
The amir of the hajj, if he is a Makkan, should also shorten the
prayer at Arafa and during the days of Mina. Anyone who is living at
Mina as a resident should do the full prayer at Mina, and similarly
anyone who lives at Arafa and is a resident there should do the full
prayer at Arafa."
Yahya related to me from Malik, from Muhammad ibn Abd ar-Rahman,
from Sulayman ibn Yasar, that when the Messenger of Allah, may Allah
bless him and grant him peace, set out for hajj in the year of the
farewell hajj, some of his companions went into ihram to do hajj on
its own, some of them combined hajj and umra, and some went into ihram
to do umra on its own. Those who had gone into ihram to do hajj, or
hajj and umra together, did not come out of ihram, whils tthose who
had gone into ihram to doumra (on its own) came out of ihram.
Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn
Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while
he was in ihram on the road to Makka. He asked after the person in
charge of the relay station where he was injured and he found Abdullah
ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He
told them what had happened to him and all of them said that he should
take whatever medicine he had to take and pay compensation for it.
Then, when he got better again, he should do umra and come out of his
ihram, after which he had to do hajj another year and to offer
whatever sacrificial animal he was able to in the future.
Malik said, "This is what we do here (in Madina) if someone is
detained by something other than an enemy. And when Abu Ayyub al-
Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and
had missed the hajj, Umar ibn al-Khattab told them to come out of
ihram by doing umra and then to go home free of ihram and do hajj some
time in the future and to sacrifice an animal, or, if they could not
find one, to fast three days during the hajj and seven days after they
had returned to their families."
Malik said, "Anyone who is
detained from doing hajj after he has gone into ihram, whether by
illness or otherwise, or by an error in calculating the month or
because the new moon is concealed from him is in the same position as
some one who is hindered from doing the hajj and must do the same as
he does."
Yahya said that Malik was asked about the situation
of someone from Makka who went into ihram for hajj and then broke a
bone or had severe stomach pain, or of a woman who was in labour, and
he said, "Someone to whom this happens is in the same situation as one
who is hindered from doing the hajj, and he must do the same as people
from outlying regions do when they are hindered from doing the hajj."
Malik said, about someone who arrived in the months of the
hajj with the intention of doing umra, and completed his umra and went
into ihram in Makka to do hajj, and then broke a bone or something
else happened to him which stopped him from being present at Arafa
with everybody else, "I think that he should stay where he is until he
is better and then go outside the area of the Haram, and then return
to Makka and do tawaf of the House and say between Safa and Marwa, and
then leave ihram. He must then do hajj again another year and offer a
sacrificial animal ."
Malik said, about someone who left
ihram in Makka, and then did tawaf of the House and say between Safa
and Marwa, and then fell ill and was unable to be present with
everybody at Arafa, "If the hajj passes someone by he should, if he
can, go out of the area of the Haram and then come back in again to do
umra and do tawaf of the House and say between Safa and Marwa, because
he had not intended his initial tawaf to be for an umra, and so for
this reason he does it again. He must do the next hajj and offer a
sacrificial animal.
If he is not one of the people of Makka,
and something happens to him which stops him from doing the hajj, but
he does tawaf of the House and say between Safa and Marwa, he should
come out of ihram by doing an umra and then do tawaf of the House a
second time, and say between Safa and Marwa, because his initial tawaf
and say were intended for the hajj. He must do the next hajj and offer
a sacrificial animal."
Yahya related to me from Malik, from Nafi, from Nubayh ibn Wahb,
who was from the tribe of Bani Abd ad-Dar, that Umar ibn Ubaydullah
sent a message to Aban ibn Uthman (who was amir of the hajj at the
time), while both of them were in ihram, saying, "I want to marry Bint
Shayba ibn Jubayr to Talha ibn Umar and I want you to be present."
Aban told him that he should not do that and said, "I heard Uthman ibn
Affan say that the Messenger of Allah, may Allah bless him and grant
him peace, said, 'A man in ihram should not marry, or give in
marriage, or get betrothed.' "
Malik related to me from Nafi from Sulayman ibn Yasar that Habbar
ibn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattab
was sacrificing his animal and said, "Amir al-muminin, we made a
mistake in our reckoning and we thought that today was the day of
Arafa." Umar said, "Go to Makka, you and whoever else is with you, and
do tawaf and sacrifice your animal if you have one with you. Then
shave or cut your hair and return home. Then, in another year, do hajj
and sacrifice an animal, and if you cannot find one, fast three days
on hajj and seven when you return home."
Malik said, "Someone
who intends to do hajj and umra together and then misses the hajj must
do hajj again in another year, doing hajj with umra, and offer two
sacrificial animals, one for doing the hajj with umra, and one for the
hajj that he has missed."
Yahya related to me from Malik, from Yahya ibn Said, from
Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah
ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked
people about him and they said, "He has given directions for his
sacrificial animal to be garlanded, and it is for that reason that he
has put on ihram ."
Rabia said, "I then met Abdullah ibn az-
Zubayr and so I mentioned this to him and he said, 'By the Lord of the
Kaba, an innovation.' "
Malik was asked about some one who
set out with his own sacrificial animal and marked it and garlanded it
at Dhu'l-Hulayfa, but did not go into ihram until he had reached al-
Juhfa,and hesaid, "I do not like that, and whoever does so has not
acted properly. He should only garland his sacrificial animal, or mark
it, when he goes into ihram, unless it is someone who does not intend
to do hajj, in which case he sends it off and stays with his family."
Malik was asked if somone who was not in ihram could set out
with a sacrificial animal, and he said, "Yes. There is no harm in
that."
He was also asked to comment on the different views
people had about what became haram for some one who garlanded a
sacrificial animal but did not intend to do either hajj or umra, and
he said, "What we go by as far as this is concerned is what A'isha,
umm al-muminin said, 'The Messenger of Allah, may Allah bless him and
grant him peace, sent his sacrificial animal off and did not go there
himself, and there was nothing that Allah had made halal for him that
was haram for him until the animal had been sacrificed.' "
Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani
said that an old man from Suq al-Buram in Kufa had related to him that
Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and
grant him peace, came to me while I was blowing under a cooking pot
belonging to my companions and my head and beard were full of lice. He
took my forehead and said, 'Shave your hair and fast three days or
feed six poor people.' The Messenger of Allah, may Allah bless him
and grant him peace, was aware that I did not have anything with me to
sacrifice.'"
Malik said, concerning paying compensation
(fidya) for the relief of physical discomfort, "The custom concerning
it is that no one pays compensation until he has done something which
makes it obligatory to pay compensation just as making amends
(kaffara) is only done when it has become obligatory for the one who
owes it. The person can pay the compensation wherever he wishes,
regardless of whether he has to sacrifice an animal or fast or give
sadaqa -- in Makka or in any other town."
Malik said, "It is
not correct for a person in ihram to pluck out any of his hair or to
shave it or cut it until he has left ihram, unless he is suffering
from an ailment of the head, in which case he owes the compensation
Allah the Exalted has ordered. It is not correct for a person in ihram
to cut his nails, or to kill his lice, or to remove them from his head
or from his skin or his garment to the ground. If a person in ihram
removes lice from his skin or his garment, he must give away the
quantity of food that he can scoop up with both hands. "
Malik said,"Anyone who, while in ihram, plucks out hairs from his nose
or armpit or rubs his body with a depilatory agent or shaves the hair
from around a head wound out of necessity or shaves his neck for the
place of the cupping glasses, regardless of whether it is in
forgetfulness or in ignorance, owes compensation in all these
instances, and he must not shave the place of the cupping glasses.
Someone, who, out of ignorance, shaves his head before he stones the
jamra. must also pay compensation."
Yahya related to me from Malik, from AIqama ibn Abi AIqama, from
his mother, that A'isha, umm al-muminin, used to camp on the plain of
Arafa at a place called Namira, and then later she changed to another
place called al-Arak.
She said, ''A'isha, and those who were
with her, would say the talbiya while she was at the place where they
were camping, and then, when she had mounted and set out towards the
place of standing, she would stop doing so."
She continued,
''A'isha used to do umra when she was in Makka after the hajj was
over, in the month of Dhu'l-Hijja.Then she stopped doing that, and
instead would set out before the new moon of Muharram for al-J uhfa,
where she would stay until she saw the new moon, and then, when she
had seen the new moon, she would go into ihram to do umra."
Yahya related to me from Malik that Yahya ibn Said heard Muhammad
ibn Yahya ibn Habban mentioning that a certain man passed Abu Dharr at
ar-Rabadha (which was about 30 miles from Madina) and Abu Dharr asked
him, "Where are you heading to?" and he replied, "I am intending to do
hajj." Abu Dharr questioned, "Has anything else brought you out?" and
he said, "No," so Abu Dharr said "Resume what you are doing
wholeheartedly."
The man related, "I went on till I came to
Makka and I stayed as long as Allah willed. Suddenly, one time, I was
with a crowd of people thronging about a man and I pushed through the
people to him and it was the old man that I had come across at ar-
Rabadha. When he saw me, he recognized me and said, 'Ah, you have done
what I told you.' "
Yahya related to me from Malik from Hisham ibn Urwa that his
father said, "Once when I was young I said to A'isha, umm al-muminin,
'Have you seen the saying of Allah, the Blessed and Exalted, "Safa and
Marwa are among the waymarks of Allah, so whoever does hajj or umra to
the House, there is no harm in his going between them," so it follows
that there should be no harm for some one who does not go between
them.'
A'isha said, 'No. If it were as you say, there would
be no harm in his not going between them. This ayat was only revealed
about the Ansar. They used to make pilgrimage to Manat, and Manat was
an idol near Qudayd, and they used to avoid going between Safa and
Marwa, and when Islam came they asked the Messenger of Allah, may
Allah bless him and grant him peace, about this and Allah, the Blessed
and Exalted, revealed, "Safa and Marwa are among the waymarks of
Allah, so whoever does hajj or umra to the House, there is no harm in
his going between them. " ' "
Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that the Messenger of Allah, may Allah bless him and grant him peace,
said, "O Allah, have mercy on those who shave their hair." They said,
"And those who shorten (their hair), Messenger of Allah." He said,
"O Allah, have mercy on those who shave." They said, "And those who
shorten, Messenger of Allah." He said, "And those who shorten."
Yahya related to me from Malik from Abu'l-Aswad Muhammad ibn Abd
ar-Rahman ibn Nawfal from Urwa ibn az-Zubayr from Zaynab bint Abi
Salama that Umm Salama, the wife of the Prophet, may Allah bless him
and grant him peace, said, "I once complained to the Messenger of
Allah, may Allah bless him and grant him peace, that I was ill and he
said, 'Do tawaf riding behind the people.' So I did tawaf riding my
camel, while the Messenger of Allah, may Allah bless him and grant him
peace, was praying by the side of the House, reciting Surat at-Tur."
Yahya related to me from Malik from Musa ibn Uqba that Kurayb,
the mawla of Ibn 'Abbas, heard Usama ibn Zayd say, "The Messenger
ofAllah, may Allah bless him and grant him peace, left Arafa and then,
when he reached ash-Shib, he dismounted and urinated and then did
wudu, though not thoroughly. I said to him, 'It is time for the
prayer, Messenger of Allah,' and he said 'The prayer is ahead of you,'
and then mounted. When we arrived at Muzdalifa he dismounted and did
wudu thoroughly. Then the iqama was said for the prayer and he prayed
maghrib. After that everyone settled his camel in its resting-place,
and then the iqama for isha was said and he prayed it, without having
prayed anything between the two."
Yahya related to me from Malik, from Abdullah ibn Dinar, that
Abdullah ibn Umar used to say, "Anyone that does umra in the months of
hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the
hajj, and then stays in Makka until the time for hajj, is doing
tamattu if he then does hajj. He must sacrifice whatever animal it is
easy for him to obtain, and if he cannot find one then he must fast
three days during hajj and seven days when he returns."
Malik
said, "This is only the case if he stays until the hajj and does hajj
in that same year."
Malik said that if someone who was from
Makka but had stopped living there and gone to live elsewhere, came
back to do umra in the months of the hajj and then stayed in Makka to
begin hajj there, he was doing tamattu, and had to offer up a
sacrificial animal, or fast if he could not find one. He was not the
same as the people of Makka.
Malik was asked whether someone
who was not from Makka and entered Makka to do umra in the months of
hajj with the intention of staying on to begin his hajj there was
doing tamattu or not, and he said, "Yes, he is doing tamattu, and he
is not the same as the people of Makka, even if he has the intention
of staying there. This is because he has entered Makka, and is not one
of its people, and making a sacrifice or fasting is incumbent on
anyone who is not from Makka, and, although he intends to stay, he
does not know what possibilities might arise later. He is not one of
the people of Makka."
Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that Umar ibn al-Khattab said, "No-one should leave the hajj until he
has done tawaf of the House, and tawaf of the House is the final
rite."
Malik said, commenting about Umar ibn al-Khattab's
saying 'tawaf of the House is the final rite,' "In our opinion, and
Allah knows best, that is because Allah, the Blessed and Exalted,
says, 'Whoever exalts the rituals of Allah - that is from the taqwa of
the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place
(of sacrifice) is at the Ancient House,' and the place of all the
rituals and where they end is therefore at the Ancient House."
Yahya related to me from Malik, from Ibn Shihab, that Muhammad
ibn Abdullah ibn al-Harith ibn Nawfal ibn Abd al-Muttalib told him
that he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing
tamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Only
someone who is ignorant of what Allah, the Exalted and Glorified, says
would do that." Whereupon Sad said, "How wrong is what you have just
said, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab
forbade that," and Sad said, "The Messenger of Allah, may Allah bless
him and grant him peace, did it, and we did it with him."
Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala
ad-Dili from Muhammad ibn lmran al-Ansari that his father said that
Abdullah ibn Umar came upon him while he stopped for a rest under a
tall tree on the road to Makka, and he said, "What has made you stop
under this tall tree?" He replied that he sought it's shade. Abdullah
ibn Umar said, "Anything besides that?" and he said, "No, that was the
only. reason he stopped for a rest," and Abdullah ibn Umar said, "The
Messenger of Allah, may Allah bless him and grant him peace, said, 'If
you are between al-Akhshabayn (which are two mountains) near Mina,'
indicating the east with his outspread hand, 'you will find a valley
called as-Surar with a tree in it beneath which the umbilical cords of
seventy prophets have been cut.' "
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
that his father used to go into Makka by night when he was doing umra
and do tawaf of the House and say between Safa and Marwa and delay the
shaving until the morning, but he would not go back to the House and
do tawaf again until he had shaved his head.
Abd ar-Rahman
added, "Sometimes he would enter the mosque and do the witr prayer
there without actually going near the House."
Malik said,
"At-tafath is shaving the head, putting on normal clothes and things
of that nature."
Yahya said that Malik was asked whether a
man who forgot to shave (his head) at Mina during the hajj could shave
in Makka, and he said, "That is permissible, but I prefer the shaving
to be done at Mina."
Malik said, "What we are all agreed upon
here (in Madina) is that no-one should shave his head or cut his hair
until he has killed his sacrificial animal, if he has one, and things
that are haram for him do not become halal for him until he leaves
ihram at Mina on the day of sacrifice. This is because Allah, the
Blessed and Exalted, says, 'Do not shave yourheads until the
sacrificial animal has reached its destination. ' "
Yahya related to me from Malik that he had heard some of the
people of knowledge say, "If someone goes into ihram to do umra and
then wants to go into ihram to do hajj as well, he can do so, as long
as he has not done tawaf of the House and s'ay between Safa and Marwa.
This is what Abdullah ibn 'Umar did when he said, 'If I am blocked
from the House we shall do what we did when we were with the Messenger
of Allah, may Allah bless him and grant him peace.' He then turned to
his companions and said, 'It is the same either way. I call you to
witness that I have decided in favour of hajj and umra together. ' "
Malik said, "The companions of the Messenger of Allah, may
Allah bless him and grant him peace, went into ihram to do umra in the
year of the farewell hajj, and the Messenger of Allah, may Allah bless
him and grant him peace, said to them, 'Anyone that has a sacrificial
animal with him should go into ihram to do hajj and umra together, and
he should not come out of ihram until he has finished both.' "
Yahya related to me from Malik, from Abu'l-Aswad Muhammad ibn Abd
ar-Rahman, fromUrwa ibn az-Zubayr, that A'isha, the wife of the
Prophet, may Allah bless him and grant him peace, said, "We set out
with the Messenger of Allah, may Allah bless him and grant him peace,
in the year of the farewell hajj, and some of us went into ihram to do
umra, some of us went into ihram to do hajj and umra, and some of us
went into ihram to do hajj on its own. The Messenger of Allah, may
Allah bless him and grant him peace, went into ihram to do hajj on its
own. Those who had gone into ihram to do umra came out of ihram (after
doing umra). Those who had gone into ihram to do hajj (on its own), or
to do both hajj and umra, did not come out of ihram until the day of
the sacrifice."
Yahya related to me from Malik that Abu'z-Zubayr al-Makki said,
"I saw the House deserted both after subh and asr, with no-one doing
tawaf."
Malik said, "If someone does some of his circuits and
then the subh or asr prayer is begun, he should pray with the imam and
then complete the rest of his circuits but should not pray at all
until the sun has either risen or set "
He added, "There is
no harm in delaying the two rakas until after he has prayed maghrib."
Malik said, "There is no harm in someone doing a single tawaf
after subh or after asr, not to do more than one group of seven
circuits, and then as long as he delays the two rakas until after the
sun has risen, as Umar ibn al-Khattab did, or he delays them until
after the sun has set if it is after asr. Then when the sun has set he
can pray them if he wants, or, if he wants, he can delay them until
after he has prayed maghrib. There is no harm in that."
Yahya related to me from Malik from Yahya ibn Said that he heard
Said ibn al-Musayyab asking a group of people, "What do you think
about someone who has intercourse with his wife while he is in ihram?"
and none of them answered him. Said said, "There is a man who has had
intercourse with his wife while in ihram who has sent a message to
Madina asking about it." Some of them said, "They should be kept apart
until a future year," and Said ibn al-Musayyab said, "They should
carry on and complete the hajj which they have spoiled, and then
return home when they have finished. If another hajj comes upon them,
they must do hajj and sacrifice an animal. They should go into ihram
at the same place where they went into ihram for the hajj that they
spoiled, and they should keep apart until they have finished their
hajj."
Malik said, "They should both sacrifice an animal."
Malik said, about a man who had intercourse with his wife
during hajj after he had come down from Arafa but before he had stoned
the Jamra, "He must sacrifice an animal and do hajj again in another
year. If, however, he had intercourse with his wife after he stoned
the Jamra, he only has to do an umra and sacrifice an animal and he
does not have to do another hajj."
Malik said, "What spoils a
hajj or an umra and makes sacrificing an animal and repeating the hajj
necessary is the meeting of the two circumcised parts, even if there
is no emission. It is also made necessary by an emission if it is the
result of bodily contact. I do not think that a man who remembers
something and has an emission owes anything, and if a man were to kiss
his wife and no emission were to occur from that, he would only have
to sacrifice an animal. A woman in ihram who has intercourse with her
husband several times during hajj or umra out of obedience to him only
has to do another hajj and sacrifice an animal. That is if her husband
has intercourse with her while she is doing hajj. If he has
intercourse with her while she is doing umra, she must repeat the umra
she has spoiled and sacrifice an animal."
Yahya related to me from Malik from Abdullah ibn Dinar that
Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him
and grant him peace, told the people of Madina to enter ihram at
Dhu'l-Hulayfa, the people of Syria to do so at al-Juhfa, and the
people of Najd to do so at Qarn.'
Abdullah ibn Umar said, "I heard these three from the Messenger
of Allah, may Allah bless him and grant him peace. I was also told
that the Messenger of Allah, may Allah bless him and grant him peace,
said, 'The people of Yemen should enter ihram at Yalamlam.' "
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