Discussion regarding the hadith: (Whoever spends the evening without performing tawaf returns as a muhrim as he was).
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The questioner : You mentioned—may Allah bless you—that we do not have what we can use to prove that any of the Salaf did not act upon the hadith mentioned earlier, which is that , but the scholars of knowledge reported from the Companions—may Allah be pleased with them—that some of them interpreted the saying of Allah—Mighty and Majestic—: [Al-Baqarah 2:197], that some of them interpreted it to mean Shawwal, Dhu al-Qi'dah, and Dhu al-Hijjah, and they differed on two positions: either they say it is all of Dhu al-Hijjah, or the other side says it is ten days of Dhu al-Hijjah, and based on this disagreement among the Companions, they built the ruling: is it permissible for the pilgrim to delay the acts of the rites until only the ten days of Dhu al-Hijjah? Or does he delay them until the end of Hajj? So some of the Companions issued a ruling, or it was reported from them in the books of knowledge, mentioned by those who compiled among the jurists in this matter; that it is permissible for the pilgrim to delay the acts of the rites until the end of Dhu al-Hijjah out of necessity; is it not possible to understand this on the basis that they permit delaying the tawaf of ifadah until the end of Dhu al-Hijjah?
The Shaykh : You mentioned that there are two positions in the issue, well, this is a derivation based on one of them.
The questioner : Yes, based on one of them.
The Shaykh : And what is the derivation based on the other?
The questioner : The derivation based on the other is that he performs tawaf on the Day of Sacrifice.
The Shaykh : Well, this is it, this is first, second: when do the acts of Hajj end?
The questioner : According to the two positions; either they end on the Day of Sacrifice, or they end at the end of Dhu al-Hijjah.
The Shaykh : No, I say first, by consensus; when do they end in agreement? Do they not end on the fourth day from the Day of Sacrifice?
The questioner : Yes.
The Shaykh : Well, whoever wants to go beyond that should bring a compelling proof, and this proof is missing, and there is only that position, which is a position opposed by another position, and here it is correct to follow the Hanafis, and before we follow them, we say they contradicted each other so they were both discarded, and at that time, a specific proof is necessary to expand the scope of performing some of the rites of Hajj, especially since the original principle is to begin with the order and the practice brought by the Messenger—peace and blessings be upon him—who clarified such as His saying—Glorified and Exalted is He—:[Al-Baqarah 2:196], and his saying—peace and blessings be upon him—: , so as long as it is not established from the saying or the doing of the Messenger—peace and blessings be upon him—this expansion to the end of the month of Dhu al-Hijjah; then we are with those who hold the first position.
The questioner : You mentioned in this hadith that what is in "al-Tahawiyyah" testifies to its authenticity, but the hadith in Abu Dawud, meaning through Muhammad ibn Ishaq, and al-Dhahabi said about it: "If he narrates it alone, then his hadith is denounced," but the hadith in al-Tahawi, meaning it is narrated from Ibn Lahi'ah, and he explicitly stated the narration, but the one who narrates from him in the first path in al-Tahawi is Abdullah ibn Yusuf, and the second path is Ibn Abi Maryam, so it is known in the terminology of hadith that Abdullah ibn Lahi'ah is among those who became confused in memory, and that the three Abdullahs, if they narrate from him; then his hadith means it rises to the level of hasan, so here we find that Abdullah ibn Yusuf, meaning the three Abdullahs were not mentioned; does this support the hadith of Muhammad ibn Ishaq?
The Shaykh : If the hadith were narrated by one of the Abdullahs or others who heard from him before the confusion, the hadith would have become at least hasan in itself, and I do not remember that I mentioned it was hasan in itself, but rather I mentioned it as a corroborating narration for the narration of Muhammad ibn Ishaq, and therefore the detail you mentioned does not apply to this hadith; is that not so?
Al-Halabi : Yes, my Shaykh.
The questioner : You mentioned in "Sahih Abu Dawud" you said hasan or sahih.
The Shaykh : Yes, no problem, by the combination of the two paths, and not because one of them is hasan, because this is not in any other source.
Whoever spends the evening without performing tawaf returns as a muhrim as he was
من أمسى و لم يطف رجع حرامًا كما كانHajj is [during] well-known months
الحج أشهر معلوماتThe Shaykh : You mentioned that there are two positions in the issue, well, this is a derivation based on one of them.
The questioner : Yes, based on one of them.
The Shaykh : And what is the derivation based on the other?
The questioner : The derivation based on the other is that he performs tawaf on the Day of Sacrifice.
The Shaykh : Well, this is it, this is first, second: when do the acts of Hajj end?
The questioner : According to the two positions; either they end on the Day of Sacrifice, or they end at the end of Dhu al-Hijjah.
The Shaykh : No, I say first, by consensus; when do they end in agreement? Do they not end on the fourth day from the Day of Sacrifice?
The questioner : Yes.
The Shaykh : Well, whoever wants to go beyond that should bring a compelling proof, and this proof is missing, and there is only that position, which is a position opposed by another position, and here it is correct to follow the Hanafis, and before we follow them, we say they contradicted each other so they were both discarded, and at that time, a specific proof is necessary to expand the scope of performing some of the rites of Hajj, especially since the original principle is to begin with the order and the practice brought by the Messenger—peace and blessings be upon him—who clarified such as His saying—Glorified and Exalted is He—:
And complete the Hajj and 'umrah for Allah
و أتموا الحج والعمرة للهTake from me your rites
خذوا عنِّي مناسككمThe questioner : You mentioned in this hadith that what is in "al-Tahawiyyah" testifies to its authenticity, but the hadith in Abu Dawud, meaning through Muhammad ibn Ishaq, and al-Dhahabi said about it: "If he narrates it alone, then his hadith is denounced," but the hadith in al-Tahawi, meaning it is narrated from Ibn Lahi'ah, and he explicitly stated the narration, but the one who narrates from him in the first path in al-Tahawi is Abdullah ibn Yusuf, and the second path is Ibn Abi Maryam, so it is known in the terminology of hadith that Abdullah ibn Lahi'ah is among those who became confused in memory, and that the three Abdullahs, if they narrate from him; then his hadith means it rises to the level of hasan, so here we find that Abdullah ibn Yusuf, meaning the three Abdullahs were not mentioned; does this support the hadith of Muhammad ibn Ishaq?
The Shaykh : If the hadith were narrated by one of the Abdullahs or others who heard from him before the confusion, the hadith would have become at least hasan in itself, and I do not remember that I mentioned it was hasan in itself, but rather I mentioned it as a corroborating narration for the narration of Muhammad ibn Ishaq, and therefore the detail you mentioned does not apply to this hadith; is that not so?
Al-Halabi : Yes, my Shaykh.
The questioner : You mentioned in "Sahih Abu Dawud" you said hasan or sahih.
The Shaykh : Yes, no problem, by the combination of the two paths, and not because one of them is hasan, because this is not in any other source.
Source
www.al-albany.com
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