The sa'y between al-Safa and al-Marwah after the tawaf of ifadhah for the one performing tamattu'

The Permanent Committee for Scholarly Research and Ifta

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Fatwa number ( 16135 )
Q: I would like to present to you questions regarding the sa'y between al-Safa and al-Marwah after the tawaf of ifadhah for the one performing tamattu' , knowing that I have found an Islamic association in Indonesia that preferred the hadiths of Jabir ibn 'Abd Allah and rejected the hadiths of 'A'ishah and Ibn 'Abbas (may Allah be pleased with them) regarding the tamattu' of Hajj, while leaving out all the explanations of the great hadith scholars. That Islamic association does not perform the sa'y between al-Safa and al-Marwah after returning from Mina , even though they are performing tamattu',
The association argued in the following manner: 1 - From Jabir (may Allah be pleased with him), he said: We set out with the Messenger of Allah (peace and blessings be upon him) declaring our intention for Hajj, with us were the women and the children, so when we arrived in Makkah, we performed tawaf of the House and of al-Safa and al-Marwah, so the Messenger of Allah (peace and blessings be upon him) said to us: Whoever does not have a sacrificial animal, let him exit ihram, so we said: Which exit? He said: The complete exit, so we came to the women and we put on the clothes and we touched the perfume, so when it was the Day of Tarwiyah, we declared our intention for Hajj, and the first tawaf between al-Safa and al-Marwah was sufficient for us.
خرجنا مع رسول الله صلى الله عليه وسلم مهلين بالحج معنا النساء والولدان، فلما قدمنا مكة طفنا بالبيت وبالصفا والمروة ، فقال لنا رسول الله صلى الله عليه وسلم: من لم يكن معه هدي فليحلل، قال: قلنا: أي الحل؟ قال: الحل كله، قال: فأتينا النساء ولبسنا الثياب ومسسنا الطيب، فلما كان يوم التروية أهللنا بالحج وكفانا الطواف الأول بين الصفا والمروة.
, narrated by Muslim , even though they left out (Sharh Muslim) by al-Nawawi . 2 - They rejected the hadith of Ibn 'Abbas regarding the tamattu' of Hajj because of the strange word: (and we came to the women), as he had not reached puberty at that time. 3 - There is a contradiction between the second hadith and the fatwa of Ibn 'Abbas himself, which was narrated by Imam Ahmad : It was narrated to us by al-Walid ibn Muslim , who said: It was narrated to us by al-Awza'i from 'Ata' from Ibn 'Abbas , that he used to say: (The one performing qiran, the one performing tamattu', and the one performing ifrad are sufficient with one tawaf of the House and one sa'y between al-Safa and al-Marwah ). 4 - They held to the statement of Ibn Taymiyyah regarding the claim of the insertion by al-Zuhri of the hadith of 'A'ishah , which was narrated by Imam al-Bukhari and others. 5 - They also diverted the noble verse: So whoever makes Hajj to the House or performs 'umrah
فَمَنْ حَجَّ الْبَيْتَ أَوِ اعْتَمَرَ
[Al-Baqarah 2:158]
, Surat al-Baqarah 158, to the saying of Allah the Exalted:
And when you are secure, then whoever performs 'umrah [during the Hajj months] followed by Hajj [offers] what can be obtained with ease of sacrificial animals. And whoever cannot find [or afford such an animal] - then a fast of three days during Hajj and of seven when you have returned [home]
فَإِذَا أَمِنْتُمْ فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ
[Al-Baqarah 2:196]
, Surat al-Baqarah 191. On the other hand, I have read (al-Muhalla) by Ibn Hazm (7/174), the text of which is: (And from the route of 'Abd al-Razzaq : It was narrated to us by 'Ubayd Allah ibn 'Umar from Nafi' , that Ibn 'Umar used to say: (The one performing qiran has one sa'y and the one performing tamattu' has two sa'ys). However, I did not find the narration in (al-Musannaf) by 'Abd al-Razzaq al-San'ani . Therefore, I ask your eminence to kindly clarify the issues of this topic with great clarity, hoping for the emergence of the pure Sunnah and the correct methodology of the Salaf, and we ask Allah to guide us to what is in the interest of Islam
A : It is obligatory for the one performing tamattu' to have two sa'ys: one for his 'Umrah and one for his Hajj, and one sa'y is not sufficient in the most correct of the two opinions of the scholars, which is the opinion of the majority of the scholars of knowledge; due to the hadith of 'A'ishah (may Allah be pleased with her), she said: We set out with the Messenger of Allah (peace and blessings be upon him), and she mentioned the hadith, and in it: he said:

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.

من كان معه هدي فليهل بالحج مع العمرة، ثم لا يحل حتى يحل منهما جميعًا

Muwatta Malik 20:42

until she said:

Then those who had entered Ihram for 'Umar circumambulated the House and (performed Sa'i) between As-Safa and Al-Marwah. Then they exited Ihram, then they performed Tawaf again, after they came back from Mina for their Hajj.

فطاف الذين أهلوا بالعمرة بالبيت والصفا والمروة ثم حلوا ثم طافوا طوافًا آخر بعد أن رجعوا من منى لحجهم

Sunan an-Nasa'i 2764Sahih (Darussalam)

meaning: the tawaf between al-Safa and al-Marwah , according to the correct opinion in interpreting the other tawaf; because the tawaf of the House is a pillar of the pillars of Hajj for everyone, and it is established from the hadith of Ibn 'Abbas (may Allah be pleased with them both), that he was asked about the tamattu' of Hajj, so he said: The people of the Muhajirun and the Ansar and the wives of the Prophet (peace and blessings be upon him) in the Farewell Pilgrimage, and we declared our intention for Hajj, so when we arrived in Makkah , the Messenger of Allah (peace and blessings be upon him) said:

Give up your intention of doing the Hajj (at this moment) and perform 'Umra, except the one who had garlanded the Hady.

اجعلوا إهلالكم بالحج عمرة إلا من قلد الهدي

Sahih al-Bukhari 1572

So we performed tawaf of the House and of al-Safa and al-Marwah , and we came to the women and we put on the clothes. And he said: (Whoever has sacrificed an animal, he does not become permissible [to exit ihram] until the animal reaches its place, then he ordered us on the evening of the Day of Tarwiyah to declare our intention for Hajj, and when we finished the rituals, we came and performed tawaf of the House and of al-Safa and al-Marwah ). And this is explicit in the obligation of two sa'ys for the one performing tamattu'. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.

Source www.alifta.gov.sa

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

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