Explanation of the Book of Hajj-04b

The reciter: Abu Kamil, Fudayl ibn Husayn al-Basri, said: Abu Ma'shar narrated to us, and he said: Uthman ibn Ghiyath narrated to us from Ikrimah from Ibn Abbas (may Allah be pleased with them both): أنه سئل عن متعة الحج فقال : أهلّ المهاجرون والأنصار وأزواج النبي صلى الله عليه وسلم في حجة الوداع وأهللنا فلما قدمنا مكة قال رسول الله صلى الله عليه وسلم : اجعلوا إهلالكم بالحج عمرة إلا من قلد الهدي فطفنا بالبيت وبالصفا والمروة وأتينا النساء ولبسنا الثياب وقال : من قلد الهدي فإنه لا يحل له حتى يبلغ الهدي محله ثم أمرنا عشية التروية أن نهلّ بالحج فإذا فرغنا من المناسك جئنا فطفنا بالبيت وبالصفا والمروة وقد تم حجنا وعلينا الهدي كما قال الله تعالى : فما استيسر من الهدي فمن لم يجد فصيام ثلاثة أيام في الحج وسبعة إذا رجعتم إلى أمصاركم الشاة تجزي فجمعوا نسكين في عام بين الحج والعمرة فإن الله تعالى أنزله في كتابه وسنه نبيه صلى الله عليه وسلم وأباحه للناس غير أهل مكة قال الله : ذلك لمن لم يكن أهله حاضري المسجد الحرام وأشهر الحج التي ذكر الله تعالى : شوال وذو القعدة وذو الحجة فمن تمتع في هذه الأشهر فعليه دم أو صوم والرفث الجماع والفسوق المعاصي والجدال المراء That he was asked about the tamattu' of Hajj, and he said: The Muhajireen, the Ansar, and the wives of the Prophet (peace and blessings be upon him) entered the state of ihram in the Farewell Pilgrimage, and we entered the state of ihram. When we arrived in Makkah, the Messenger of Allah (peace and blessings be upon him) said: "Make your ihram for Hajj into an 'Umrah, except for those who have led their sacrificial animals." So we performed tawaf around the House and between al-Safa and al-Marwah, we approached women, and we wore our clothes. He said: "Whoever has led his sacrificial animal, it is not permissible for him to exit the state of ihram until the sacrificial animal reaches its place of sacrifice." Then he ordered us on the evening of the Day of Tarwiyah to enter the state of ihram for Hajj. When we finished the rituals, we came and performed tawaf around the House and between al-Safa and al-Marwah, and thus our Hajj was completed, and we had the sacrificial animal upon us, as Allah the Exalted said: "So let them offer what is easy of the sacrificial animal, and whoever does not find [such an animal], then a fast of three days during the Hajj and seven days when you have returned to your homes." A sheep is sufficient. So they combined two acts of worship in one year between Hajj and 'Umrah. Indeed, Allah the Exalted revealed this in His Book, and His Prophet (peace and blessings be upon him) legislated it, and He permitted it for the people other than the people of Makkah. Allah said: "That is for those whose home is not in the vicinity of al-Masjid al-Haram." The months of Hajj that Allah the Exalted mentioned are Shawwal, Dhu al-Qa'dah, and Dhu al-Hijjah. So whoever performs tamattu' in these months, upon him is a blood sacrifice or a fast. Al-Rafath is sexual intercourse, al-Fusuq is sins, and al-Jidal is arguing.

The Shaykh : This is one of the most comprehensive contexts for the hadith of Ibn Abbas (may Allah be pleased with them both), and let us speak about it. Allah the Exalted said: Is the reference to the obligation of the sacrificial animal, or is it to tamattu'? There are two opinions among the scholars. It was said that it refers to the sacrificial animal or its substitute, and on this view, the people of Makkah may perform tamattu'. It was also said that it refers back to tamattu', and the obligation of the sacrificial animal is a branch of it, and on this view, the people of Makkah may not perform tamattu'. This is the correct view: that the people of Makkah may not perform tamattu'. However, if it is assumed that a person from Makkah came from al-Madinah to Makkah, then he may perform tamattu' here; he would enter the state of ihram for 'Umrah from Dhu al-Hulayfah. When he arrives in Makkah, he performs tawaf and sa'y, and shortens his hair, and he enters the state of ihram for Hajj on the Day of Tarwiyah. He does not have a sacrificial animal upon him because he is one of those whose home is in the vicinity of al-Masjid al-Haram. As for if he leaves Makkah and comes with an 'Umrah and then says that he is performing tamattu', that is not permissible. This hadith was used as evidence by those who said that the people of Makkah have no 'Umrah, and that their 'Umrah is not valid, because 'Umrah is a visit, and a visit must be from a place other than the place visited, so one must come to it from al-Hal. It was not known in the time of the Prophet (peace and blessings be upon him) that a man from the people of Makkah would go out to al-Hal and come with an 'Umrah, except for the story of A'ishah, and you know what is in it. Fine, and in it also, it says: "The Muhajireen, the Ansar, and the wives of the Prophet (peace and blessings be upon him) entered the state of ihram in the Farewell Pilgrimage, and we entered the state of ihram." His statement: "The Muhajireen and the Ansar" is from the category of collective emphasis, meaning consensus; that is, the Muhajireen who migrated from Makkah to al-Madinah to Allah and His Messenger, and the Ansar who settled in the home and faith before them, and the wives of the Prophet (peace and blessings be upon him) are well known. So when we arrived in Makkah, the Messenger of Allah (peace and blessings be upon him) said: This means he led it, wearing it around its neck, and the important thing is leading it, not wearing it around its neck, meaning if he led the sacrificial animal but did not wear it around its neck, he must refrain from exiting the state of ihram; he does not exit the state of ihram until the sacrificial animal reaches its place of sacrifice. And in his statement "until the sacrificial animal reaches its place of sacrifice" in this hadith and the one before it, there is evidence that his statement (peace and blessings be upon him) means until the sacrificial animal reaches its place of sacrifice. And on this basis, he exits the state of ihram when he throws the pebbles and shaves his head, even if he has not slaughtered. Then he ordered us on the evening of the Day of Tarwiyah to enter the state of ihram for Hajj. He called that the evening of the Day of Tarwiyah. First, the meaning of Tarwiyah is the quenching of thirst with water, and at that time they would quench their thirst with water from its sources to Mina for the drinking of the pilgrims. This day is called the Day of Tarwiyah, and it is the eighth day of Dhu al-Hijjah. The ninth is the Day of 'Arafah, the tenth is the Day of Nahr, and the eleventh is the Day of al-Qar, because the people stayed in Mina and no one departed. The twelfth is the first day of departure, and the thirteenth is the second day of departure. These five days, each one has a name. Fine, and his statement "the evening of the Day of Tarwiyah" appears on its surface to mean that he ordered them to enter the state of ihram after the sun passes its zenith, because the evening is after the sun passes its zenith. But the matter is not so, for the people enter the state of ihram for Hajj on the Day of Tarwiyah before the sun passes its zenith, and they go out to Mina and pray Zuhr there. But what is before the sun passes its zenith is called the evening because of its proximity to the time when the sun passes its zenith. Fine, he says...