What is the difference between leaving an obligatory act and committing a prohibited act in Hajj? And is the statement of those who say: “Whoever leaves an obligatory act owes a sacrificial animal” correct?
Machine translationRead the Arabic original
Al-Halabi : He saysThe questioner : What is the difference between leaving an obligatory act and committing a prohibited act in Hajj?
The Shaykh : From which aspect is the question regarding the difference? If we are to answer based on the apparent meaning of the question, the prohibited act is like committing a forbidden act, and the obligatory act is like leaving what is obligatory. The former is a command, so if one leaves it, he sins; and the prohibited act is the forbidden act, so if one commits it, he sins, as he (peace and blessings be upon him) said in his well-known and famous statement:Sunan al-Bayhaqi 10:983. So whoever does not avoid it has sinned, and whoever does not obey has sinned.
Al-Halabi : Is the statement that a pilgrim owes a sacrificial animal if he leaves an obligatory act a correct and acceptable statement in your view, especially when one cites the report of Ibn Abbas in this regard, claiming that it has the status of a marfu' report?
The Shaykh : No, we do not see that to be the case, due to the hadith of the Bedouin who entered the state of ihram wearing his jibbah (cloak). He (peace and blessings be upon him) ordered him to take it off and to do in his 'Umrah what he does in his Hajj, and he did not order him to offer a sacrificial animal. Therefore, we do not accept the report of Ibn Abbas, and we are not bound by it. Rather, this hadith of al-Bukhari regarding the Bedouin is our model and our example in the matter of not making it obligatory to offer a sacrificial animal for one who makes a mistake in any of the rituals of Hajj, especially since that is what aligns and corresponds with the rule that states:Sunan Ibn Majah 2045Sahih (Darussalam). Yes.
The Shaykh : From which aspect is the question regarding the difference? If we are to answer based on the apparent meaning of the question, the prohibited act is like committing a forbidden act, and the obligatory act is like leaving what is obligatory. The former is a command, so if one leaves it, he sins; and the prohibited act is the forbidden act, so if one commits it, he sins, as he (peace and blessings be upon him) said in his well-known and famous statement:
Whatever I have commanded you to do, do as much of it as you are able, and whatever I have forbidden you, avoid it.
ما أمرتكم بشيء فأتوا منه ما استطعتم وما نهيتكم عنه فاجتنبوهAl-Halabi : Is the statement that a pilgrim owes a sacrificial animal if he leaves an obligatory act a correct and acceptable statement in your view, especially when one cites the report of Ibn Abbas in this regard, claiming that it has the status of a marfu' report?
The Shaykh : No, we do not see that to be the case, due to the hadith of the Bedouin who entered the state of ihram wearing his jibbah (cloak). He (peace and blessings be upon him) ordered him to take it off and to do in his 'Umrah what he does in his Hajj, and he did not order him to offer a sacrificial animal. Therefore, we do not accept the report of Ibn Abbas, and we are not bound by it. Rather, this hadith of al-Bukhari regarding the Bedouin is our model and our example in the matter of not making it obligatory to offer a sacrificial animal for one who makes a mistake in any of the rituals of Hajj, especially since that is what aligns and corresponds with the rule that states:
Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do.
وضع من أمتي الخطأ والنسيان وما استكرهوا عليه
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
