Explanation of the Book of Hajj-08a

The reciter: Qutaybah ibn Sa'id narrated to us, Sufyan narrated to us from Amr, who said: We asked Ibn Umar (may Allah be pleased with both of them): He said: .

The Shaykh : This issue concerns whether it is recommended to pray two rak'ahs after every circuit, or whether one may combine several circuits, meaning, for example, he performs seven circuits, then seven, then seven, and then prays two rak'ahs? The words of the author (may Allah have mercy on him) indicate that two rak'ahs are prescribed for every set of seven circuits, and there is no difference between the tawaf of the pilgrimage rites and voluntary tawaf, nor between the tawaf of ifadhah and the tawaf of farewell; it is recommended to pray two rak'ahs behind the Maqam for all of them. Does the obligatory prayer suffice for him? Let us listen: For example, if he finishes his tawaf and then the call for the Fajr prayer is made, and he prays Fajr, does it suffice or not? Ata says that it suffices, and he analogized it to the greeting of the mosque, where the obligatory prayer suffices for it, because the purpose is to pray after the tawaf, and that has occurred. However, al-Zuhri (may Allah have mercy on him) says: The Sunnah is better, meaning that you should perform two rak'ahs specifically for the tawaf. There is no doubt that this is better, as al-Zuhri (may Allah have mercy on him) said. But if the prayer is called, there is no prayer except the obligatory one; you must pray the obligatory prayer first, then pray the two rak'ahs of tawaf second, even if the obligatory prayer is Fajr, because the two rak'ahs of tawaf are among the prayers with a cause, and prayers with a cause, according to the stronger opinion, are prayed in the times of prohibition. Then he cited evidence, saying: This is general. Al-Zuhri, who is among the most learned of the Tabi'un, says: This includes the tawaf of the obligatory, the tawaf of the required, and the tawaf of the recommended. The tawaf of the obligatory is like the tawaf of ifadhah and the tawaf of 'Umrah. The recommended tawaf is voluntary tawaf and the tawaf of arrival for one who is performing ifrad or qiran. And the tawaf of the required is the tawaf of farewell. Then he mentioned the hadith of Abdullah ibn Umar: The point of evidence is that the Prophet (peace and blessings be upon him and his family) made 'Umrah a single thing with parts: tawaf, prayer behind the Maqam, and tawaf between al-Safa and al-Marwah. These are the parts of 'Umrah, so it is not valid for a man to have intercourse with his wife between its parts. And he (may Allah be pleased with him) said: Glory be to Allah. The reasoning of the predecessors is blessed and clear, and it cools the heart. He did not go around explaining and arguing, saying that the state of ihram is lifted or not lifted. No, he mentioned the Sunnah that the Messenger of Allah (peace and blessings be upon him) performed tawaf, prayed two rak'ahs behind the Maqam, and sa'y between al-Safa and al-Marwah, so he made 'Umrah composed of parts. If that is the case, it is not valid for a person to have intercourse between the tawaf of the House and the tawaf of al-Safa and al-Marwah. But if he did, what would be the ruling? If he did it while forgetting or being ignorant, the stronger opinion is that he owes nothing, because if a person commits any of the prohibitions while forgetting, being ignorant, or being forced, he owes nothing...? Now, if he did it intentionally and with knowledge, is the 'Umrah invalidated or not? We say it is invalidated; the 'Umrah is invalidated. And what is required? Do we say to cut it off now because it is invalidated like other acts of worship, where if it is invalidated it is invalidated, and it is not permissible to continue in a defective act? This is the opinion of Ibn Hazm (may Allah have mercy on him), who holds that if Hajj is invalidated, one cannot continue in it; if it is invalidated, it is over. But the scholars are of the opposite opinion to his (may Allah have mercy on him), saying that it is invalidated in the sense that it must be made up, but one continues in it and completes it, and the fidyah and making it up are required. Now, in this issue, we say: Continue, perform sa'y, and shorten your hair, then repeat the 'Umrah. Enter ihram from the miqat from which you first entered ihram, not from al-Tan'im or the nearest part of al-Hal, but from the miqat from which you first entered ihram, even if it was al-Dhul-Hulaifah. Then make it up: perform tawaf, sa'y, and shorten your hair. Now, what is the fidyah required of him? According to the school of thought, they say: Except for intercourse and except for the penalty for hunting, the fidyah for it is the fidyah of harm. The meaning of the fidyah of harm is that one is given a choice between fasting, charity, and sacrifice. Fasting is three days, charity is feeding six poor people, half a sa' for each poor person, and the third is sacrifice. But do we have the right to govern people and oblige the one who did it intentionally with a sheep? The answer is: Yes, we have this right, because some people say if the issue is fasting three days or feeding six poor people, the matter is light and the sanctity of ihram does not remain for them. But yes, if he comes to us repentant, regretful, and sad, and we know his truthfulness, then here we say he is given a choice. Now, what about the second point? And he said: And the apparent meaning of the athar of Jabir is that it is permissible before he shaves or shortens his hair, due to his saying: This is based on the view that shaving or shortening is not a rite, but rather a release from a prohibition. The meaning of a release from a prohibition is that it becomes clear that the person has exited the state of ihram. But this opinion is weak, and the correct view is that shaving or shortening is a rite in Hajj and 'Umrah, because Allah the Exalted referred to it in the Qur'an: And He did not say "performing tawaf and sa'y." This indicates the importance of shortening or shaving. Then the Prophet (peace and blessings be upon him and his family) supplicated for those who shaved and those who shortened, and he repeated the supplication for those who shaved, which indicates the importance of that. So the correct view is that shaving or shortening is a rite and not merely a release from a prohibition. If it were merely a release from a prohibition, we would say: Do not shave or shorten, and have intercourse with your wife, because intercourse indicates what? It indicates the state of being free from ihram. Yes.