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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The scholars say that if a person arrives on the Day of 'Arafah for Hajj and fears that he will miss the Hajj if he goes and performs the tawaf and sa'y between al-Safa and al-Marwah, they say:

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The questioner : The scholars say—O Shaykh—if a person arrives on the Day of 'Arafah for Hajj and fears that he will miss the Hajj if he goes and performs the tawaf and sa'y between al-Safa and al-Marwah, they say: he should combine the Hajj with the 'Umrah, making him a qarin. Since tamattu' is obligatory, why do we not say—O Shaykh—in this same issue—if it is correct—why do we say that 'Urwah ibn Muzarris was a qarin, when the scholars say that he was an ifrad?

The Shaykh : The matter is not up to us. Qiran agrees with ifrad in the acts and in most of the rulings, and differs from it first in the intention and second in the sacrificial animal, is that not so? Now, how do we speak about a person whose intention and actions we do not know? Why do we not say that he was a qarin? This is like saying, why do we not say: he was an ifrad? And the truth is, we should not say... -- ... Leave it! --
If we say that this 'Urwah was a qarin, the question arises: Did he offer a sacrifice? What would you say? You would say like me: I do not know. If you do not know whether he offered a sacrifice or not, how do you know that he was a qarin? So the answer to those who say: why do we not say so? is: because we do not know. But we know that he was not a mutamatti' for the reason mentioned in the question. Therefore, we—we, I mean, those who are enthusiastic about the ruling that tamattu' is obligatory—do not say that tamattu' is a pillar of Hajj, but rather we say: it is an obligation of Hajj for whoever is able to do it. And there may be circumstances in which the pilgrim is unable to be a mutamatti', like this 'Urwah, exactly.

The questioner : Or A'ishah (may Allah be pleased with her).

The Shaykh : Ah, you got ahead of me. And we can add A'ishah to 'Urwah; for menstruation overtook her while she was about to perform the tawaf of arrival. So we say that tamattu' is obligatory for one who has no excuse. As for what the pilgrims do today, many of them perform Hajj ifrad.
-- Another questioner: Peace be upon you.The Shaykh: And upon you be peace and the mercy of Allah and His blessings --
And one of them may go to those lands a month or two months before, especially the foreign strangers.
-- Another questioner: Peace be upon you.The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.Another questioner : ... . The Shaykh : Welcome --
They remain in their ihram and bear the hardship of being confined in ihram so that they do not perform tamattu', and thus they must—according to them—offer a sacrifice. These people are certainly sinful; because they contradict the saying of the Messenger (peace be upon him):
If I had known in advance what I know now, I would not have brought the sacrificial animal, and I would have made it an 'Umrah. Exit ihram, O people. Exit ihram, O people. لو استقبلْتُ من أمري ما استدبرت لما سُقْتُ الهدْيَ ، ولَجَعَلْتُها عمرة ، أحلُّوا أيها الناس ، أحلُّوا أيها الناس
. These people do not exit ihram!
Suraqah said—and the Messenger (peace be upon him) was on al-Marwah: O Messenger of Allah, is our 'Umrah for this year only, or for all time? He said:
Rather, for all time. 'Umrah has entered into Hajj until the Day of Resurrection—and he interlaced his fingers (peace be upon him). بل لأبد الأبد ، دخلت العمرة في الحجِّ إلى يوم القيامة - وشبك عليه السلام بين أصابعه -
. So all these texts were nullified and the opposite of them was written in most books of fiqh. The types of Hajj are three: "ifrad, qiran, and tamattu'." Then they differed on which is best. Some said: the best is ifrad; because it has more hardship. And it was said: the best of deeds is the most arduous of them—meaning: the hardest of them. This is against the Shari'ah;
Allah intends for you ease and does not intend for you hardship يُرِيدُ اللهُ بِكُمُ اليُسْرَ وَلَا يُرِيدُ بِكُمُ العُسْرَ
[Al-Baqarah 2:185]
. Yes, indeed. And some say: the best is qiran; because the Messenger was a qarin. And some say: tamattu' is the best. We say: rather, it is the obligatory one.
So now we return to the question. We do not say: 'Urwah was a qarin; because Allah (Mighty and Majestic) says:
And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart - about all those [one] will be questioned. وَلَا تَقْفُ مَا لَيْسَ لَكَ بِهِ عِلْمٌ إِنَّ السَّمْعَ وَالبَصَرَ وَالفُؤَادَ كُلُّ أُولَئِكَ كَانَ عَنْهُ مَسْئُولًا
[Al-Isra 17:36]
. But we say: certainly he was not a mutamatti'; because he did not come with the 'Umrah and exit ihram; so he is not a mutamatti'. And it does not follow from his not being a mutamatti' that he was a qarin. In terms of possibility, it is possible that he was a qarin. But when would he be a qarin? When time catches up with him and he is aware of the tightness of time before him; so he combines two virtues: the virtue of performing the rites of Hajj ifrad, and the virtue of combining the intention, and the virtue of the sacrificial animal. But where do we have this that 'Urwah did this? He was not a mutamatti' and the matter ended. And this is proof that tamattu' is not a condition or a pillar of Hajj. And Allah is sufficient for the believers in battle.
Source www.al-albany.com

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

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