Discussion regarding the hadith: “Whoever spends the night without performing the tawaf returns in a state of ihram as he was…”
Machine translationRead the Arabic original
The questioner : You mentioned, may Allah reward you, that we do not have what we can use to prove that anyone from the Salaf did not act upon the hadith mentioned earlier, which is that However, 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] as meaning Shawwal, Dhu al-Qa’dah, and Dhu al-Hijjah. They differed on two positions: either they say it is all of Dhu al-Hijjah, or the second group says it is the ten days of Dhu al-Hijjah. Based on this disagreement among the Companions, they built the ruling on whether it is permissible for the pilgrim to delay the acts of worship until only the ten days of Dhu al-Hijjah, or whether he delays them until the end of Dhu al-Hijjah. Some of the Companions issued a fatwa, or it was reported from them in the books of knowledge—mentioned by the jurists who compiled on this topic—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 al-ifadah until the end of Dhu al-Hijjah?
The Shaykh : You mentioned that there are two positions in this 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 one?
The questioner : The derivation based on the other one is that he performs the tawaf on the Day of Sacrifice.
The Shaykh : Well, this is the first point. 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 unanimously? 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. There is only that position, which is opposed by another position. Here, it is appropriate to follow the Hanafis, and before we follow them, we say that they contradicted each other, so they are both discarded. In that case, a specific proof is necessary to expand the scope of performing some of the rites of Hajj, especially since the original principle is order and the practice brought by the Messenger (peace and blessings be upon him), which is clarified by such as the saying of Allah the Exalted:[Al-Baqarah 2:196] and his saying (peace and blessings be upon him): Since 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, we are with the first group of scholars.
The questioner : You mentioned in this hadith that what is in al-Tahawi’s book testifies to its authenticity. But the hadith in Abu Dawud, meaning through the route of Muhammad ibn Ishaq, and al-Dhahabi said about it: if it is unique, then its narration is denounced. But the hadith in al-Tahawi is narrated from Ibn Lahi’ah, and he explicitly stated that he heard it. However, the one who narrates from him in the first route in al-Tahawi is Abdullah ibn Yusuf, and in the second route is Ibn Abi Maryam. It is known in the terminology of hadith that Abdullah ibn Lahi’ah is one of those who became confused in his memory, and that if the three Abdullahs narrate from him, then his hadith rises to the level of hasan (good). 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 is narrated by one of the three Abdullahs or by someone else who heard from him before his confusion, the hadith becomes at least hasan in itself. And I do not recall that I mentioned it was hasan in itself; rather, I mentioned it as a corroborating narration for the report of Muhammad ibn Ishaq. 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 that you said it is hasan or sahih.
The Shaykh : Yes, it is not a problem, based on the combination of the two routes, and not because one of them is hasan…
Whoever spends the night without performing the tawaf returns in a state of ihram as he was.
من أمسى و لم يطف رجع حراما كما كانHajj is [during] well-known months
الحجّ أشهر معلوماتThe Shaykh : You mentioned that there are two positions in this 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 one?
The questioner : The derivation based on the other one is that he performs the tawaf on the Day of Sacrifice.
The Shaykh : Well, this is the first point. 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 unanimously? 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. There is only that position, which is opposed by another position. Here, it is appropriate to follow the Hanafis, and before we follow them, we say that they contradicted each other, so they are both discarded. In that case, a specific proof is necessary to expand the scope of performing some of the rites of Hajj, especially since the original principle is order and the practice brought by the Messenger (peace and blessings be upon him), which is clarified by such as the saying of Allah the Exalted:
And complete the Hajj and 'umrah for Allah
و أتمّوا الحجّ و العمرة للهTake your rites from me.
خذوا عنّي مناسككمThe questioner : You mentioned in this hadith that what is in al-Tahawi’s book testifies to its authenticity. But the hadith in Abu Dawud, meaning through the route of Muhammad ibn Ishaq, and al-Dhahabi said about it: if it is unique, then its narration is denounced. But the hadith in al-Tahawi is narrated from Ibn Lahi’ah, and he explicitly stated that he heard it. However, the one who narrates from him in the first route in al-Tahawi is Abdullah ibn Yusuf, and in the second route is Ibn Abi Maryam. It is known in the terminology of hadith that Abdullah ibn Lahi’ah is one of those who became confused in his memory, and that if the three Abdullahs narrate from him, then his hadith rises to the level of hasan (good). 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 is narrated by one of the three Abdullahs or by someone else who heard from him before his confusion, the hadith becomes at least hasan in itself. And I do not recall that I mentioned it was hasan in itself; rather, I mentioned it as a corroborating narration for the report of Muhammad ibn Ishaq. 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 that you said it is hasan or sahih.
The Shaykh : Yes, it is not a problem, based on the combination of the two routes, and not because one of them is hasan…
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.