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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the hadith: (Whoever throws the Jamarat al-Aqabah, etc.) anomalous, as some scholars hold?

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The Shaykh : If the hadith is authentic, then it is my madhhab. It was said to Imam al-Shafi'i regarding a matter I do not recall at this moment, "You say such and such, and so-and-so says such and such." He said, "Do you think I have left the church? Or do you think I have tightened the belt around my waist? I tell you: The Messenger of Allah said so, and you say so-and-so and so-and-so said so." I am not a Christian who has left the church; I am a believer in Allah and His Messenger, and the hadith says such and such. So let not the statement of some scholars that this hadith is anomalous mislead you, except under two conditions: first, that they be people of knowledge of hadith in terms of authenticating and weakening, and second, that they be referring to the term mentioned, which is the term "anomalous," as hadith scholars intend it, and not that they coin it themselves to apply this term to every hadith that contradicts their madhhab or the fatwas of their sheikhs or the like, for this is an innovated terminology. The anomalous hadith is, as we said earlier, one in which a trustworthy narrator contradicts one who is more trustworthy or more numerous in number. An example is the hadith agreed upon by the two Shaykhs from the hadith of Ibn Abbas (may Allah be pleased with him), who said:
Seventy thousand from my Ummah will enter Paradise without reckoning and without punishment, their faces like the full moon on the night of the full moon. يدخل الجنّة من أمّتي سبعون ألفا بغير حساب و لا عذاب وجوههم كالقمر ليلة البدر
in a story we will not lengthen by mentioning now. He (peace be upon him) said:
They are those who do not seek ruqyah, do not apply cautery, do not take omens, and they place their trust in their Lord. So a man named Ikamah or Ikashah stood up and said: O Messenger of Allah, call upon Allah to make me one of them. He said: You are one of them. So another stood up and said the same as the first. He said: Ikamah or Ikashah preceded you to it. هم الّذين لا يسترقون و لا يكتوون ولا يتطيّرون وعلى ربّهم يتوكّلون فقام رجل اسمه عكّاشة أو عكاشة قال: يا رسول الله ادع الله أن يجعلني منهم. قال: أنت منهم فقام آخر فقال قولة الأوّل فقال: سبقك بها عكّاشة أو عكاشة
Thus the hadith came in the two Sahihs and in others with the same chain. The pivot of this isnad is Abd al-Rahman ibn Abi Husayn, I think, from Sa'id ibn Jubayr from Ibn Abbas. And from Abd al-Rahman ibn Abi Husayn, Hisham al-Wasiti narrates it explicitly as a hadith. All the paths to Hisham narrate the hadith as we mentioned in Sahih Muslim and in al-Bukhari. But in Sahih Muslim, he is unique in another narration from his shaykh Sa'id ibn Mansur, the author of the Sunan, of which two parts have been printed. Sa'id ibn Mansur narrated from Hisham with the same chain the hadith in its entirety, but he said:
They are those persons who neither practise charm, nor ask others to practise it هم الّذين لا يرقون ولا يسترقون
Sahih Muslim 220a
So he added to the hadith the phrase "do not perform ruqyah." The Shaykh al-Islam said in his fatwas: "This hadith with this wording is weak." He did not stop to explain its defect, and the defect is that Sa'id ibn Mansur is unique with this phrase, while all the trustworthy narrators who narrated it from Hisham ibn Bashir al-Wasiti did not. So his addition was anomalous; it is called by hadith scholars an anomalous addition, because he deviated from the narration of the group in the same hadith, so the addition was weak, as Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) explicitly stated. This is the anomalous hadith. As for a trustworthy narrator narrating from a trustworthy narrator from one above him, and so on until it reaches the Companion and the Prophet (peace and blessings be upon him), a hadith in which that Companion was not joined by another Companion in narrating it, and that Tabi'i was not joined by another Tabi'i in narrating it from the same Companion, and so on, this is not called an anomalous hadith. Calling it an anomalous hadith is misleading contrary to the truth. This is what a student of knowledge should fall into, let alone a noble, distinguished scholar. The ruling contained in this hadith is that whoever throws the Jamarat al-Aqabah on the Day of Sacrifice has exited the lesser state of ihram, by the text of the hadith narrated in the Sunan and others. But he (peace be upon him) said in that hadith which was said to be anomalous:
And if the night falls upon him and he has not completed the Tawaf al-Ifadah, he returns to the state of ihram as he was before.فإذا أمسى المساء ولم يفض طواف الإفاضة عاد محرما كما كان من قبل
And the Messenger (peace be upon him) said this hadith when he saw a young man from the Companions of the Prophet (peace and blessings be upon him) who had put on his shirt, which was a sign that he had exited ihram. So he (peace be upon him) said to him:
Have you completed the Tawaf? He said: No. He said: Then return to your ihram. هل أفضت ؟ قال: لا. قال: فعد إلى إحرامك
Then make it a general, continuous law until the Day of Resurrection: that whoever throws the Jamarat al-Aqabah and then the night falls upon him and he has not completed the Tawaf al-Ifadah, he returns to the state of ihram as he was before the throwing. And this is where we end, and we submit the leadership of our affairs to our Prophet (peace and blessings be upon him), and we do not deal with the rule according to our desires and customs.
Source www.al-albany.com

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

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