The scholars say that if a Muslim arrives on the Day of 'Arafah for Hajj and fears that he will miss the Hajj if he goes to perform the tawaf and sa'y, they say he should combine the Hajj with the 'Umrah, making him a qarin.
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The questioner : The scholars say, O Shaykh, that if a person arrives on the Day of 'Arafah for Hajj and fears that he will miss the Hajj if he goes to perform 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 that 'Urwah ibn al-Muthir was a qarin, as long as the scholars say he was an ifrad?
The Shaykh : 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? How can we speak about a person whose intention and actions we do not know? Why do we not say he was a qarin? This is like saying, why do we not say he was an ifrad? And the truth is, it is not befitting for us to say... 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 such and such? The answer is because we do not know. But we know that he was not a mutamatti' for the reason mentioned in the question. Therefore, we, I mean those who are enthusiastic about the ruling of the obligation of tamattu', do not say that tamattu' is a pillar of Hajj, but we say it is an obligation of Hajj for the one who is able to do it. And there may be circumstances in which the pilgrim is unable to be a mutamatti', just like this 'Urwah. And we can add to 'Urwah, A'ishah, who was caught by menstruation before she had performed the tawaf of arrival. So we say that tamattu' is obligatory for the one who has no excuse. As for what the pilgrims do today, many of them perform Hajj ifrad, and one of them may go to those lands a month or two months before, especially the foreign strangers, and they remain in their ihram and bear the hardship of being confined in ihram so that they do not perform tamattu', so they must offer a sacrifice as they say. These people are certainly sinful because they contradict the saying of the Messenger (peace and blessings be upon him)Sunan al-Bayhaqi 4:207 and these people do not exit the state of ihram.
Suraqah says, and the Messenger (peace and blessings be upon him) was on al-Marwah: O Messenger of Allah, is our 'Umrah for this year or for all time? He said: So all these texts were nullified and the opposite of them was written in most of the books of fiqh: the types of Hajj are three: ifrad, qiran, and tamattu'. Then they differed on which is best. Some say ifrad is best because it has more hardship, and it is said that the best of deeds are the most severe, meaning the most difficult, and this is contrary to the Shari'ah, for Allah the Exalted says: [Al-Baqarah 2:185] Yes, and some say qiran is best because the Messenger was a qarin. And some say tamattu' is the best, and we say rather that it is the obligatory one.
So if we return now to the question, we do not say 'Urwah was a qarin because Allah the Exalted says:[Al-Isra 17:36] But we say with certainty that he was not a mutamatti' because he did not come with the 'Umrah and did not exit the state of 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 the 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 there. This is proof that tamattu' is not a condition or a pillar of Hajj. And Allah is sufficient for the believers in battle...
The questioner : All right, O Shaykh, directly: what is the ruling on the wife in Hajj if he ejaculates and if he does not ejaculate?
The Shaykh : I do not have a study on this topic.
The questioner : He is in Hajj... All right, for the one who invalidates his Hajj with intercourse, when does he slaughter the expiation...?
The Shaykh : 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? How can we speak about a person whose intention and actions we do not know? Why do we not say he was a qarin? This is like saying, why do we not say he was an ifrad? And the truth is, it is not befitting for us to say... 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 such and such? The answer is because we do not know. But we know that he was not a mutamatti' for the reason mentioned in the question. Therefore, we, I mean those who are enthusiastic about the ruling of the obligation of tamattu', do not say that tamattu' is a pillar of Hajj, but we say it is an obligation of Hajj for the one who is able to do it. And there may be circumstances in which the pilgrim is unable to be a mutamatti', just like this 'Urwah. And we can add to 'Urwah, A'ishah, who was caught by menstruation before she had performed the tawaf of arrival. So we say that tamattu' is obligatory for the one who has no excuse. As for what the pilgrims do today, many of them perform Hajj ifrad, and one of them may go to those lands a month or two months before, especially the foreign strangers, and they remain in their ihram and bear the hardship of being confined in ihram so that they do not perform tamattu', so they must offer a sacrifice as they say. These people are certainly sinful because they contradict the saying of the Messenger (peace and blessings be upon him)
If I were to face what I have faced, I would not have brought the sacrificial animals and would have made it an 'Umrah. Exit the state of ihram, O people. Exit the state of ihram, O people.
لو استقبلت من أمري ما استدبرت لم أسق الهدي ولجعلتها عمرة ، أحلوا أيها الناس أحلوا أيها الناسSuraqah says, and the Messenger (peace and blessings be upon him) was on al-Marwah: O Messenger of Allah, is our 'Umrah for this year or for all time? He said:
No, but for all time. 'Umrah has entered into Hajj until the Day of Resurrection, and he (peace and blessings be upon him) interlaced his fingers.
لا بل لأبد الأبد دخلت العمرة في الحج إلى يوم القيامة وشبك عليه السلام بين أصابعهAllah intends for you ease and does not intend for you hardship
يُرِيدُ اللهُ بِكُمُ اليُسْرَ وَلَا يُرِيدُ بِكُمُ العُسْرَSo if we return now to the question, we do not say 'Urwah was a qarin because Allah the Exalted 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 مَسْئُولًاThe questioner : All right, O Shaykh, directly: what is the ruling on the wife in Hajj if he ejaculates and if he does not ejaculate?
The Shaykh : I do not have a study on this topic.
The questioner : He is in Hajj... All right, for the one who invalidates his Hajj with intercourse, when does he slaughter the expiation...?