Allah the Mighty and Majestic says in His noble Book, in Surat al-Baqarah: The pilgrimage is [known] months. [al-Baqarah: 197]
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Question: Allah the Mighty and Majestic says in His noble Book, in Surat al-Baqarah: [al-Baqarah: 197]. Does this mean that it is possible to perform the rites of Hajj in any of these months, namely Shawwal, Dhu al-Qa'dah, and Dhu al-Hijjah? What is the meaning the verse points to? I ask for your guidance on this, and on the possibility of independent legal reasoning (ijtihad) in Islamic sacred law: is its door still open or closed?
Answer: If you read the end of the verse, you will find the answer in it.Because Allah the Exalted says: [al-Baqarah: 197],So the meaning of the noble verse is: That whoever enters the state of consecration (ihram) for Hajj in these months, which are Shawwal, Dhu al-Qa'dah, and the first ten days of Dhu al-Hijjah, his ihram is established and his ihram for Hajj is valid.
As for the rites of Hajj, they are not performed except in their proper time, on the days of Hajj, the first of which is the Day of 'Arafah and the rites that follow it. What is valid in these months, starting from the entry of the month of Shawwal, is entering the state of consecration (ihram) for Hajj. So whoever enters ihram for Hajj in this period, his ihram is established and valid. This is the meaning of the noble verse: [al-Baqarah: 197], meaning: whoever enters ihram for Hajj,It does not mean: whoever performs the rites of Hajj in them, because the rites of Hajj are specific to a certain time that begins from the Day of 'Arafah and what follows it,
and what is valid of the acts of Hajj in these months is only entering the state of consecration (ihram).
As for the issue of the door of independent legal reasoning (ijtihad) and whether it is open or not? The door of ijtihad is open for those qualified for it, who possess the qualifications that enable them to perform ijtihad, but it is completely closed for those who are not qualified for ijtihad and are not fit for it.And the conditions of the mujtahid, the most important of which the scholars mentioned, are:
First: His comprehensive knowledge of the evidence for rulings from the Book, the Sunnah, scholarly consensus (ijma'), analogical reasoning (qiyas), and so on.
Second: His knowledge of the abrogating and the abrogated among the evidences, the places of consensus, and the places of disagreement.
Third: His knowledge of what is suitable for argumentation among the hadiths in terms of their authenticity or lack thereof.
Fourth: His mastery of the Arabic language, grammar, and the aspects of inflection.
So if these conditions are present in a person, it is permissible for him to perform ijtihad. As for one who lacks them or some of them, it is not permissible for him to perform ijtihad, because he is not qualified for it, and his ijtihad would be a harm to himself and others, because he is not a specialist. And you know that if a doctor is qualified and skilled, it is permissible for him to treat patients and perform delicate operations, but if he is not a specialist, he is prevented from doing so, because enabling him would be a crime against people's lives. And the rulings of the Shari'ah are more severe and more important than that, more important than bodies, and more important than life. So if one who is not qualified intervenes in them, it harms the Muslim community (ummah), and it harms the person who entered into something
he is not able to handle, and this issue is often repeated today on the tongues of people,They say: the door of ijtihad is open,And one of them says: the door of ijtihad is closed, and so on, so this distinction is necessary.So it is not said: The door of ijtihad is not absolutely open, nor absolutely closed, but the door of ijtihad is open for those in whom the conditions of ijtihad are present and who are specialists. As for one who is not so, the door of ijtihad is closed before him, and he must be restrained, so that he does not destroy the Muslim community (ummah) with his erroneous ijtihads. And Allah knows best.
Hajj is [during] well-known months
الْحَجُّ أَشْهُرٌ مَعْلُومَاتٌAnswer: If you read the end of the verse, you will find the answer in it.Because Allah the Exalted says:
Hajj is [during] well-known months, so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj.
الْحَجُّ أَشْهُرٌ مَعْلُومَاتٌ فَمَنْ فَرَضَ فِيهِنَّ الْحَجَّ فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّAs for the rites of Hajj, they are not performed except in their proper time, on the days of Hajj, the first of which is the Day of 'Arafah and the rites that follow it. What is valid in these months, starting from the entry of the month of Shawwal, is entering the state of consecration (ihram) for Hajj. So whoever enters ihram for Hajj in this period, his ihram is established and valid. This is the meaning of the noble verse:
so whoever has made Hajj obligatory upon himself therein
فَمَنْ فَرَضَ فِيهِنَّ الْحَجَّand what is valid of the acts of Hajj in these months is only entering the state of consecration (ihram).
As for the issue of the door of independent legal reasoning (ijtihad) and whether it is open or not? The door of ijtihad is open for those qualified for it, who possess the qualifications that enable them to perform ijtihad, but it is completely closed for those who are not qualified for ijtihad and are not fit for it.And the conditions of the mujtahid, the most important of which the scholars mentioned, are:
First: His comprehensive knowledge of the evidence for rulings from the Book, the Sunnah, scholarly consensus (ijma'), analogical reasoning (qiyas), and so on.
Second: His knowledge of the abrogating and the abrogated among the evidences, the places of consensus, and the places of disagreement.
Third: His knowledge of what is suitable for argumentation among the hadiths in terms of their authenticity or lack thereof.
Fourth: His mastery of the Arabic language, grammar, and the aspects of inflection.
So if these conditions are present in a person, it is permissible for him to perform ijtihad. As for one who lacks them or some of them, it is not permissible for him to perform ijtihad, because he is not qualified for it, and his ijtihad would be a harm to himself and others, because he is not a specialist. And you know that if a doctor is qualified and skilled, it is permissible for him to treat patients and perform delicate operations, but if he is not a specialist, he is prevented from doing so, because enabling him would be a crime against people's lives. And the rulings of the Shari'ah are more severe and more important than that, more important than bodies, and more important than life. So if one who is not qualified intervenes in them, it harms the Muslim community (ummah), and it harms the person who entered into something
he is not able to handle, and this issue is often repeated today on the tongues of people,They say: the door of ijtihad is open,And one of them says: the door of ijtihad is closed, and so on, so this distinction is necessary.So it is not said: The door of ijtihad is not absolutely open, nor absolutely closed, but the door of ijtihad is open for those in whom the conditions of ijtihad are present and who are specialists. As for one who is not so, the door of ijtihad is closed before him, and he must be restrained, so that he does not destroy the Muslim community (ummah) with his erroneous ijtihads. And Allah knows best.