Explanation of the Book of Hajj-04a
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The reciter: Muhammad ibn Yusuf narrated to us, Sufyan narrated to us from Qays ibn Muslim from Tariq ibn Shihab from Abu Musa (may Allah be pleased with him), who said: بعثني النبي صلى الله عليه وسلم إلى قوم باليمن فجئت وهو بالبطحاء فقال بما أهللت قلت : أهللت كإهلال النبي صلى الله عليه وسلم قال : هل معك من هدي ؟ قلت : لا ، فأمرني فطفت بالبيت وبالصفا والمروة ثم أمرني فأحللت فأتيت امرأةً من قومي فمشطتني أو غسلت رأسي فقدم عمر رضي الله عنه فقال : إن نأخذ بكتاب الله فإنه يأمرنا بالتمام قال الله : وأتموا الحج والعمرة لله وإن نأخذ بسنة النبي صلى الله عليه وسلم فإنه لم يحل حتى نحر الهدي The Prophet (peace and blessings be upon him) sent me to a group of people in Yemen. I came to him while he was at al-Bat'ha, and he asked, "With what intention did you enter the state of ihram?" I said, "I entered with the same intention as the Prophet (peace and blessings be upon him)." He said, "Do you have any sacrificial animals with you?" I said, "No." So he ordered me to perform the tawaf of the House and between al-Safa and al-Marwah, then he ordered me to exit the state of ihram. I went to a woman from my people, and she combed my hair or washed my head. Then 'Umar (may Allah be pleased with him) arrived and said: "If we take the Book of Allah as our guide, it orders us to complete the rites. Allah said: And complete the Hajj and 'Umrah for Allah. And if we take the Sunnah of the Prophet (peace and blessings be upon him) as our guide, he did not exit the state of ihram until he slaughtered the sacrificial animals."
The Shaykh : His statement (may Allah be pleased with him): "I went to a woman from my people and she combed my hair"—this is ambiguous. Was she a mahram or not? What do we do? We interpret it according to the clear ruling that she was a mahram for him, because it is not permissible for a man to allow a woman who is not a mahram to comb his head. Also, his statement: "Then 'Umar (may Allah be pleased with him) arrived and said: 'If we take the Book of Allah as our guide, it orders us to complete the rites. Allah the Exalted said:[Al-Baqarah 2:196] And if we take the Sunnah of the Prophet (peace and blessings be upon him) as our guide, he did not exit the state of ihram until he slaughtered the sacrificial animals'"—he (may Allah be pleased with him) intended to prohibit tamattu'. He (may Allah be pleased with him) prevented people from tamattu' on the grounds that if people performed a complete 'Umrah and then entered the state of ihram for Hajj on the eighth day, they would limit themselves to this act and say, "We have achieved an 'Umrah and a Hajj, and praise be to Allah, we will remain in our homes." He (may Allah be pleased with him) saw that he should prevent people from tamattu' so that they would perform an 'Umrah in months other than the months of Hajj, so that the House would always be filled with worshippers. However, his statement (may Allah be pleased with him) is the weaker position. Why? Because of the Sunnah of the Prophet (peace and blessings be upon him). And regarding his argument with the verse: [Al-Baqarah 2:196], the Prophet (peace and blessings be upon him) explained in the Sunnah how to complete both. Completing Hajj and 'Umrah, if one is performing qiran, is what? It is to perform tamattu' and break the qiran, unless one has sacrificial animals. This does not contradict the noble verse, because the one who performs an 'Umrah first and then a Hajj second has completed the Hajj and completed the 'Umrah. As for his statement: "We take the Sunnah of the Prophet (peace and blessings be upon him) that he did not exit the state of ihram until he slaughtered the sacrificial animals," yes, if a person has sacrificial animals, he cannot exit the state of ihram.
The Shaykh : His statement (may Allah be pleased with him): "I went to a woman from my people and she combed my hair"—this is ambiguous. Was she a mahram or not? What do we do? We interpret it according to the clear ruling that she was a mahram for him, because it is not permissible for a man to allow a woman who is not a mahram to comb his head. Also, his statement: "Then 'Umar (may Allah be pleased with him) arrived and said: 'If we take the Book of Allah as our guide, it orders us to complete the rites. Allah the Exalted said:
