Is 'Umrah prescribed for the people of Makkah from al-Tan'im?
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The questioner : The questioner says: A discussion took place between me and one of the brothers among the students of knowledge regarding the 'Umrah of the Muslims.
The Shaykh : Now, the question consists of three questions. Do not take more than one question from each sheet; if there are ten questions, take only one. This is all as a single unit. Yes.
The questioner : He says: A discussion took place between me and one of the brothers among the students of knowledge regarding the 'Umrah of the Makkans, and that it is not prescribed, but rather it is disliked (makruh), by the consensus of the Imams of hadith and those who know the biography of the Prophet (peace and blessings be upon him), as mentioned by Shaykh al-Islam in the Fatawa. If 'Umrah for the people of Makkah is prescribed, how do we answer the statement of Ibn 'Abbas and Tawus ibn Kaysan that they go out to al-Tan'im and enter the state of ihram from there? Are they rewarded or punished? And the statement of Ibn Taymiyyah in the Fatawa that it is disliked by the consensus of the Salaf, since the prescribed 'Umrah is the one a person performs from his hometown, entering Makkah, not exiting it to enter it. Based on this, the people of Makkah are excluded from the hadith: "An 'Umrah in Ramadan is equivalent to a Hajj with me."
The Shaykh : Yes, the reality is that there is a difference of opinion on this issue: Is 'Umrah prescribed for the Makkans who leave Makkah to perform 'Umrah? Or is it not prescribed? There are two opinions among the scholars. Some scholars said that the Makkans are like non-Makkans in 'Umrah; 'Umrah is obligatory for them just as it is obligatory for non-Makkans, and 'Umrah in Ramadan is prescribed for them just as it is prescribed for others, due to the generality of the evidence, and because the Prophet (peace and blessings be upon him)
Sunan an-Nasa'i 2658Sahih (Darussalam), and he said, and whoever Sahih al-Bukhari 1845, even the people of Makkah from Makkah. Be aware, even the people of Makkah from Makkah, and he had said in this hadith, "whoever wants to perform Hajj or 'Umrah." This indicates that the people of Makkah can enter the state of ihram for Hajj, and they can enter the state of ihram for 'Umrah, and this is the closest view. But the newly introduced thing that I see as a bid'ah (religious innovation) is what many people do today of going to al-Tan'īm to perform a second 'Umrah during their trip. A person comes from his country with an 'Umrah, and when he exits the state of ihram, he goes to al-Tan'īm and takes an 'Umrah for whom? For his mother, and the second day for his father, the third for the paternal grandfather, the fourth for the maternal grandfather, the fifth for the uncle, the sixth for the maternal uncle, the seventh for the wife's father, the eighth for the wife's grandfather, and so on. I mean, some people, may Allah grant us well-being, perform 'Umrah every day, every day they perform 'Umrah. Who said this?
And by what Shari'ah did this happen? Shaykh al-Islam mentioned that it is disliked to perform 'Umrah frequently and consecutively, by the consensus of the Salaf. He mentioned this in the Fatawa. So what about the one who comes with an 'Umrah every day?
This is a reprehensible matter. It is obligatory for the students of knowledge to clarify to the general public that the Shari'ah is not emotion; the Shari'ah is the Shari'ah, brought by Muhammad (peace and blessings be upon him). So the Prophet (peace and blessings be upon him) performed the 'Umrah of al-Qada'. He entered Makkah and stayed there for how many days? According to the agreement, three days. He performed the 'Umrah. Did he perform another 'Umrah on the second day, or did any of his Companions? No. When Makkah was conquered, he stayed in Makkah for nineteen days.
And al-Tan'im is close. Did he go out to al-Tan'im to perform an 'Umrah? Absolutely not. Did the Messenger not know that it is prescribed if it were prescribed? Absolutely not. Did the Messenger know that it is prescribed but kept it secret from his Ummah? No, by Allah. Did he know that there is reward in it and leave it? Absolutely not. We are followers, we are followers of the Messenger and his Companions, not innovators.
Now, do you know when he performed 'Umrah with the Farewell Hajj? When he conquered Ta'if and returned and descended at al-Ja'ranah to distribute the spoils, he entered Makkah at night. Many of the Companions did not know about it, and he did not call the Companions to enter with him. In fact, this 'Umrah was hidden from some of the Companions and they disapproved of it. He entered from al-Ja'ranah at night, performed 'Umrah, and left that same night. He did not clarify this to all the Companions; only his special Companions around him knew about it. So is it said that such an 'Umrah is prescribed?
That is not said, and the one who said that we do not know those who go out to al-Tan'īm and bring an 'Umrah, whether they are being hired or they are committing a sin, is correct. They are committing a sin, meaning they are sinning. So if he says, "I brought the first 'Umrah for myself and this one for my father," we say this is an excuse upon an excuse. Who told you that your father can have 'Umrah performed on his behalf? Hajj and 'Umrah were not reported except in the case of inability. Either by the death of the one for whom Hajj was performed, or by his inability to reach the House, and then that was not reported except in the case of the obligatory act. So who said that a person can have 'Umrah performed on his behalf as a voluntary act? If someone were to dispute us on this issue, we would not be able to find evidence to prove it to him. Be aware, O brothers, refer to the scholars. The scholars, the scholars, not the scholars in name? The scholars in reality. They returned and ruled on performing Hajj on behalf of another when it is impossible for the other person to reach Makkah in the case of the obligatory act, in the story of the woman who asked the Messenger (peace and blessings be upon him), she said. And it was also reported in the case of an obligatory act in a woman who vowed to perform Hajj but did not perform it until she died Jami` at-Tirmidhi 667Sahih (Darussalam). This is an obligation, the first is obligatory by the original law and the second is obligatory by the vow. It was not reported in voluntary acts. In the hadith of Ibn 'Abbas, which some scholars said that its elevation is a mistake, that the Prophet (peace and blessings be upon him) heard a man Mishkat al-Masabih 2529. Here we do not know if the Hajj for Shubrumah is obligatory or voluntary? There is a possibility, and the closest is that it is obligatory because of his saying, "Perform Hajj for yourself, then perform Hajj for Shubrumah." And in any case, as long as it is possible, there is no evidence in it that one can perform voluntary Hajj on behalf of another.
So in any case, brothers, the issue is not light. I see that it is permissible for a person to perform 'Umrah on behalf of his father, or a deceased person, or his deceased mother, or one who is unable to reach, even as a voluntary act. I see this. But I do not see that it is a required matter. Rather, I see that the better thing is to make du'a' (supplication) for him, because we follow the guidance of the Messenger (peace and blessings be upon him) and his directions. He (peace and blessings be upon him) said:. He makes du'a' for him. The context of the hadith is about action. And the Messenger (peace and blessings be upon him) turned from action to du'a'.
He did not say, "Or a righteous son who works for him," even though the hadith is about action. Rather, he said:Sahih Muslim 1631. So it is better than going out to al-Tan'im and performing 'Umrah for your father or mother to make du'a' to Allah for them during the tawaf, in prostration, between the adhan and the iqamah, at the end of the night. This is the best. And I think I have narrated to you many times in my gatherings the story of the man whom I saw performing sa'y, having shaved half of his head completely white, and left the other half completely with hair. He shaved one side completely white, and the other side had hair. So I said to him, "What is this?" This is qaza' (shaving part of the head). He said, "This is for yesterday's 'Umrah, and this remaining part is for today's 'Umrah." Now, if he wanted to make it the sixth time.
He would divide it into thirds, and if he wanted to make it the fourth time, into quarters, and so on, he would equalize between the 'Umrahs. Yes. You? Yes, meaning the time is up, he says. Yes, bring one question only.
The presenter : May Allah grant you success
The Shaykh : Now, the question consists of three questions. Do not take more than one question from each sheet; if there are ten questions, take only one. This is all as a single unit. Yes.
The questioner : He says: A discussion took place between me and one of the brothers among the students of knowledge regarding the 'Umrah of the Makkans, and that it is not prescribed, but rather it is disliked (makruh), by the consensus of the Imams of hadith and those who know the biography of the Prophet (peace and blessings be upon him), as mentioned by Shaykh al-Islam in the Fatawa. If 'Umrah for the people of Makkah is prescribed, how do we answer the statement of Ibn 'Abbas and Tawus ibn Kaysan that they go out to al-Tan'im and enter the state of ihram from there? Are they rewarded or punished? And the statement of Ibn Taymiyyah in the Fatawa that it is disliked by the consensus of the Salaf, since the prescribed 'Umrah is the one a person performs from his hometown, entering Makkah, not exiting it to enter it. Based on this, the people of Makkah are excluded from the hadith: "An 'Umrah in Ramadan is equivalent to a Hajj with me."
The Shaykh : Yes, the reality is that there is a difference of opinion on this issue: Is 'Umrah prescribed for the Makkans who leave Makkah to perform 'Umrah? Or is it not prescribed? There are two opinions among the scholars. Some scholars said that the Makkans are like non-Makkans in 'Umrah; 'Umrah is obligatory for them just as it is obligatory for non-Makkans, and 'Umrah in Ramadan is prescribed for them just as it is prescribed for others, due to the generality of the evidence, and because the Prophet (peace and blessings be upon him)
designated Dhul-Hulaifah as the Miqat for the people of Al-Madinah, Al-Juhfah for the people of Ash-shamham, Yalmlam for the people of Yemen, and Qarn for the people of Najd
وقت لأهل المدينة دن حليفة، ولأهل الشام الجحفة، ولأهل اليمن يلملم، ولأهل نجد قرن المنازلAnd those living inside these Mawaqit can assume Ihram from the place where they start
كان دون ذلك فمن حيث أنشأAnd by what Shari'ah did this happen? Shaykh al-Islam mentioned that it is disliked to perform 'Umrah frequently and consecutively, by the consensus of the Salaf. He mentioned this in the Fatawa. So what about the one who comes with an 'Umrah every day?
This is a reprehensible matter. It is obligatory for the students of knowledge to clarify to the general public that the Shari'ah is not emotion; the Shari'ah is the Shari'ah, brought by Muhammad (peace and blessings be upon him). So the Prophet (peace and blessings be upon him) performed the 'Umrah of al-Qada'. He entered Makkah and stayed there for how many days? According to the agreement, three days. He performed the 'Umrah. Did he perform another 'Umrah on the second day, or did any of his Companions? No. When Makkah was conquered, he stayed in Makkah for nineteen days.
And al-Tan'im is close. Did he go out to al-Tan'im to perform an 'Umrah? Absolutely not. Did the Messenger not know that it is prescribed if it were prescribed? Absolutely not. Did the Messenger know that it is prescribed but kept it secret from his Ummah? No, by Allah. Did he know that there is reward in it and leave it? Absolutely not. We are followers, we are followers of the Messenger and his Companions, not innovators.
Now, do you know when he performed 'Umrah with the Farewell Hajj? When he conquered Ta'if and returned and descended at al-Ja'ranah to distribute the spoils, he entered Makkah at night. Many of the Companions did not know about it, and he did not call the Companions to enter with him. In fact, this 'Umrah was hidden from some of the Companions and they disapproved of it. He entered from al-Ja'ranah at night, performed 'Umrah, and left that same night. He did not clarify this to all the Companions; only his special Companions around him knew about it. So is it said that such an 'Umrah is prescribed?
That is not said, and the one who said that we do not know those who go out to al-Tan'īm and bring an 'Umrah, whether they are being hired or they are committing a sin, is correct. They are committing a sin, meaning they are sinning. So if he says, "I brought the first 'Umrah for myself and this one for my father," we say this is an excuse upon an excuse. Who told you that your father can have 'Umrah performed on his behalf? Hajj and 'Umrah were not reported except in the case of inability. Either by the death of the one for whom Hajj was performed, or by his inability to reach the House, and then that was not reported except in the case of the obligatory act. So who said that a person can have 'Umrah performed on his behalf as a voluntary act? If someone were to dispute us on this issue, we would not be able to find evidence to prove it to him. Be aware, O brothers, refer to the scholars. The scholars, the scholars, not the scholars in name? The scholars in reality. They returned and ruled on performing Hajj on behalf of another when it is impossible for the other person to reach Makkah in the case of the obligatory act, in the story of the woman who asked the Messenger (peace and blessings be upon him), she said
The obligation of Allah upon His slaves in Hajj has overtaken my father, an old man who cannot ride a mount or cannot stay on a mount. Shall I perform Hajj on his behalf? He said, "Yes."
إن فريضة الله على عباده في الحج أدركت أبي شيخا كبيرا لا يستطيع الركوب على الراحلة أو لا يثبت على الراحلة أفأحج عنه؟ قال نعمShe said: 'O Messenger of Allah! She never performed Hajj, shall I perform Hajj for her?' He said: 'Yes, perform Hajj on her behalf.'
قالت بنتها أحج عنها؟ قال نعمheard a man say, “ Labbaik on behalf of Shubruma." He asked who Shubruma was, and the man replied, “A brother of mine," or “a relative of mine." He asked whether he had performed the pilgrimage on his own behalf, and when he replied that he had not, he said, “Perform the pilgrimage on your own behalf, then perform it on behalf of Shubruma."
يَقُولُ لَبَّيْكَ عَنْ شُبْرُمَةَ قَالَ مَنْ شُبْرُمَةُ قَالَ أَخٌ لِي أَوْ قَرِيبٌ لِي قَالَ أَحَجَجْتَ عَنْ نَفْسِكَ قَالَ لَا قَالَ حُجَّ عَنْ نَفْسِكَ ثُمَّ حُجَّ عَنْ شُبْرُمَةَSo in any case, brothers, the issue is not light. I see that it is permissible for a person to perform 'Umrah on behalf of his father, or a deceased person, or his deceased mother, or one who is unable to reach, even as a voluntary act. I see this. But I do not see that it is a required matter. Rather, I see that the better thing is to make du'a' (supplication) for him, because we follow the guidance of the Messenger (peace and blessings be upon him) and his directions. He (peace and blessings be upon him) said:
When a person dies, his deeds are cut off except for three: ongoing charity, knowledge that benefits people, or a righteous child who prays for him.
إذا مات الإنسان انقطع عمله إلا من ثلاث إلا من صدقة جارية أو علم ينتفع به أو ولد صالحHe did not say, "Or a righteous son who works for him," even though the hadith is about action. Rather, he said:
or a pious child, who prays for him
أو ولد صالح يدعو لهHe would divide it into thirds, and if he wanted to make it the fourth time, into quarters, and so on, he would equalize between the 'Umrahs. Yes. You? Yes, meaning the time is up, he says. Yes, bring one question only.
The presenter : May Allah grant you success
Source
دروس وفتاوى المسجد الحرام لعام 1413 هـ - 12 — binothaimeen.net (53:20)
The Arabic text is a machine transcription of the audio recording.
