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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Shaykh’s (may Allah have mercy on him) selection: The obligation of Hajj Tamattu'

Machine translationRead the Arabic original
The Shaykh : Then he performs Hajj on his behalf just as he would perform it for himself. He should not be lenient; for example, if the person for whom he is performing Hajj is not performing it for himself, let him perform the Hajj for him with the minimum that is valid. What makes Hajj valid? For example, if it is Hajj Ifrad, he performs Hajj Ifrad on his behalf, meaning he does not perform 'Umrah for him, so he would have fallen short in the obligatory requirement and contradicted the previous hadith:
Umrah has been entered into Hajj until the Day of Resurrection. دخلت العمرة في الحج إلى يوم القيامة
Jami` at-Tirmidhi 932Sahih (Darussalam)
. Furthermore, he did not fulfill the right of the price he received for the person's Hajj. This is what I wanted to remind you of on the occasion of Hajj to the House of Allah the Exalted: that the pilgrim should make his Hajj Tamattu', not Hajj Ifrad, and also not make it Qiran. Even though Qiran includes 'Umrah, because Qiran is the combination of 'Umrah and Hajj, but Qiran does not have the separation between 'Umrah and Hajj that is Tamattu', which is mentioned in the Qur'an
then whoever performs 'umrah [during the Hajj months] followed by Hajj [offers] what can be obtained with ease of sacrificial animals فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ
[Al-Baqarah 2:196]
. Qiran agrees with Tamattu' in one aspect and differs from it in another. It agrees with it in combining Hajj and 'Umrah, and it agrees with it in that it is necessary to have a sacrificial animal (hady). However, Qiran differs from Tamattu' in that the 'Umrah and Hajj are combined together, so the act is like Hajj Ifrad, and the intention is only the intention of 'Umrah and Hajj. Since there is some difficulty and hardship in Qiran, and Allah (Mighty and Majestic) said as He stated:
Allah intends for you ease and does not intend for you hardship يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ
[Al-Baqarah 2:185]
, He (peace and blessings be upon him) said:
If I had known beforehand about my affair what I have come to know later, I would not have brought the sacrificial animals with me لو استقبلتُ من أمري ما استدبرت لَمَا سُقْتُ الهدي ولَجعَلْتُها عمرة
Sunan Abi Dawud 1784
; meaning, an 'Umrah of Tamattu'. This is because the Prophet's (peace and blessings be upon him) Hajj was Qiran, but he had brought the sacrificial animals. Some of his many Companions who performed Hajj with him were also performing Qiran like him. However, these people performing Qiran were of two types: the fewer of them were those who brought the sacrificial animals as the Messenger (peace and blessings be upon him) did from Dhul-Hulayfah, and the majority were those who did not bring the sacrificial animals; they intended Qiran but did not bring the sacrificial animals. So he (peace and blessings be upon him) ordered these people performing Qiran, and even more so those performing Ifrad, because they did not bring the sacrificial animals, to annul their Qiran and their Ifrad Hajj and turn it into 'Umrah. When they hesitated at first, he said:
If I had known beforehand about my affair what I have come to know later, I would not have brought the sacrificial animals with me لو استقبلت من أمري ما استدبرت لما سقت الهدى ولجعلتها عمرة
Sunan Abi Dawud 1784
, meaning he encouraged them to annul their Hajj and Qiran and turn it into 'Umrah, and he consoled them by saying:
Had I not brought the Hadi with me, I would have done the same لولا أني سقت الهدي لفعلت مثل ما آمركم به
Sahih al-Bukhari 1568
. Therefore, we do not advise anyone to perform Hajj Qiran, even though it includes 'Umrah, and even though it fulfills his (peace and blessings be upon him) statement:
Umrah has been entered into Hajj until the Day of Resurrection. دخلت العمرة في الحج إلى يوم القيامة
Jami` at-Tirmidhi 932Sahih (Darussalam)
, except that in it is the fact that the Prophet (peace and blessings be upon him) ordered those who performed Hajj Qiran and did not bring the sacrificial animals to annul their Hajj and Qiran and turn it into 'Umrah. So if we imagine now a person who represents the Messenger (peace and blessings be upon him) completely, like Abu Bakr and other Companions, seeing a man who performed Hajj Qiran and did not bring the sacrificial animals, what do you think he would say to him? He would say to him as he (peace and blessings be upon him) said:
Make your Hajj an 'Umrah. اجعلوا حجكم عمرة
And if it were not that I had known in advance what I know now. ولولا أني استقبلت أمري ما استدبرت
to the end of the hadith. And therefore, we follow him (peace and blessings be upon him) as much as we are able. We do not advise a pilgrim to perform Hajj Qiran unless we imagine a very rare case, especially in our lands, where he brings the sacrificial animals with him, at least from Dhul-Hulayfah, bringing the sacrificial animals with him, meaning the livestock he wants to sacrifice for Allah to Mina. This is almost a fantasy for our time and our social upbringing. If we imagine this scenario, we do not prevent Hajj Qiran. But since this is closer to fantasy than to reality, there is nothing left for the pilgrims except to perform Tamattu', which is better for them and easier. This is sufficient.

The questioner : In the authentic hadith:
When two Muslims confront each other with their swords, both the slayer and the slain are doomed to Hell-Fire. إذا تقابل المسلمان بسيفَيهما فالقاتل والمقتول في النار
Sahih Muslim 2888b
... The Companions fought each other after the Messenger of Allah (peace and blessings be upon him), and some of them were among those promised Paradise. How do you reconcile the hadith with the fighting among some of the Companions during the time of 'Ali (may Allah be pleased with him)?

The Shaykh : This hadith is interpreted as applying to those who...
Source www.al-albany.com

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

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