The Book of Hajj-05b
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The reciter: And Khalaf ibn Hisham, Abu al-Rabi', and Qutaybah all narrated to us from Hammad. Khalaf said: Hammad ibn Zayd narrated to us from Ayyub, who said: I heard Mujahid narrating from Jabir ibn 'Abd Allah (may Allah be pleased with them both), who said: Sahih Muslim 1216e.
The Shaykh : The statement of 'Umar (may Allah be pleased with him):, meaning when he became the Caliph and stood before the people as Caliph. Then he mentioned (may Allah be pleased with him) that temporary marriage is in the position of unlawful sexual intercourse, which is marriage for a specified term. So he said (may Allah be pleased with him): , meaning: if he is a married man.
This indicates that temporary marriage—meaning temporary marriage of women—is unlawful sexual intercourse, because 'Umar (may Allah be pleased with him) could not possibly deem it lawful to kill a believing soul except on the basis of a right.
As for his statement (may Allah be pleased with him):Sahih Ibn Hibban 15:255, his intention is that if you enter the state of consecration for Hajj and then change it to 'Umrah, you will not complete it. And Allah the Exalted said: [Al-Baqarah 2:196].
He (may Allah be pleased with him) looked at the outward form, and this is correct: that the Hajj will not be completed, because if he changes it to 'Umrah and exits the state of consecration, he has not completed the Hajj.
But the answer to this is to say: He has completed the Hajj in reality. That is because when he annuls the Hajj to make it 'Umrah in order to become one who performs both, he has performed an independent 'Umrah and an independent Hajj. But looking only at the outward form, he said what he said.
There is no doubt that 'Umar (may Allah be pleased with him), like other human beings, makes mistakes and hits the mark. So in this opinion, he did not hit the mark. Rather, it is said: Whoever annuls the Hajj to make it 'Umrah has performed the Hajj and has performed the 'Umrah.
But this applies to what I mentioned to you a little while ago, which is if he annuls the Hajj to make it 'Umrah in order to get rid of it. This is undoubtedly not permissible and is forbidden, even if he has a dire necessity. It is not permissible for him to do so. If he has a dire necessity, he becomes one who is prevented from completing the pilgrimage, and the ruling for one who is prevented is known from the noble verse.
We came with the Messenger of Allah (May peace be upon him) pronouncing Talbiya for Hajj, and the Messenger of Allah (May peace be upon him) commanded us to make (our Ihram) into that of Umra.
قدمنا مع رسول الله صلّى الله عليه وسلّم ونحن نقول : لبّيك ، بالحجّ ، فأمرنا رسول الله صلّى الله عليه وسلّم أن نجعلها عمرةًThe Shaykh : The statement of 'Umar (may Allah be pleased with him):
Indeed, Allah used to make lawful for His Messenger what He willed, when he stood up.
إنّ الله كان يحلّ لرسوله ما شاء بما شاء حين قامDo not commit unlawful sexual intercourse—the marriage of these women—, for I will not be brought a man who has married a woman for a specified term except that I will stone him with stones.
أبتوا النكاح ـ نكاح هذه النساء ـ ، فلن أوتي برجل نكح امرأة إلى أجل إلا رجمته بالحجارةThis indicates that temporary marriage—meaning temporary marriage of women—is unlawful sexual intercourse, because 'Umar (may Allah be pleased with him) could not possibly deem it lawful to kill a believing soul except on the basis of a right.
As for his statement (may Allah be pleased with him):
And indeed, the Qur'an has come down to its places, so complete the Hajj and the 'Umrah for Allah.
وإنّ القرآن قد نزل منازله فأتمّوا الحجّ والعمرة للّهAnd complete the Hajj and 'umrah for Allah
وأتموا الحج والعمرة للهHe (may Allah be pleased with him) looked at the outward form, and this is correct: that the Hajj will not be completed, because if he changes it to 'Umrah and exits the state of consecration, he has not completed the Hajj.
But the answer to this is to say: He has completed the Hajj in reality. That is because when he annuls the Hajj to make it 'Umrah in order to become one who performs both, he has performed an independent 'Umrah and an independent Hajj. But looking only at the outward form, he said what he said.
There is no doubt that 'Umar (may Allah be pleased with him), like other human beings, makes mistakes and hits the mark. So in this opinion, he did not hit the mark. Rather, it is said: Whoever annuls the Hajj to make it 'Umrah has performed the Hajj and has performed the 'Umrah.
But this applies to what I mentioned to you a little while ago, which is if he annuls the Hajj to make it 'Umrah in order to get rid of it. This is undoubtedly not permissible and is forbidden, even if he has a dire necessity. It is not permissible for him to do so. If he has a dire necessity, he becomes one who is prevented from completing the pilgrimage, and the ruling for one who is prevented is known from the noble verse.