And Ubayd Allah ibn Ma'dh narrated it to us, saying: Our father narrated it to us, saying: Shu'bah narrated it to us in this chain of narration, to the same effect.
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The Reciter: And Ubayd Allah ibn Ma'dh narrated it to us, saying: Our father narrated it to us, saying: Shu'bah narrated it to us in this chain of narration, to the same effect.
The Shaykh : The heading is stated: By this, it is meant that if a person enters the state of ihram for an individual Hajj or for a combined Hajj, it has been previously mentioned that the Prophet (peace and blessings be upon him) ordered those who did not have sacrificial animals to exit the state of ihram and make it an 'Umrah.
This translator — I mean the one who set the heading — says: This command is abrogated by the command to complete the pilgrimage. This is astonishing, an astonishment that does not end. When was the command to complete the pilgrimage? At the Treaty of Hudaybiyyah. And when was the command to break off the Hajj? During the Farewell Pilgrimage.
So, what is astonishing! How can the later be abrogated by the earlier?!
But the cause of this is that a person believes first and then seeks evidence second. This is one of the great defects that a student of knowledge must guard against, for it is obligatory that the belief follow the evidence. One should look at the evidence first and then judge. As for you, you judge first or believe first, and then you twist the evidence to fit your belief and your judgment. This is an error, because this means you are making the texts follow your opinion, rather than your opinion following the texts.
So, we consider this heading to be an error in reality.
As for the hadith, you see that Abu Musa (may Allah be pleased with him) was issuing rulings on exiting the state of ihram and breaking off the Hajj, because the Prophet (peace and blessings be upon him) had issued that ruling for him. Abu Musa was among those who came from Yemen, but he arrived after the Prophet (peace and blessings be upon him) had completed the tawaf and sa'y and had dismounted at al-Abtah. Abu Musa arrived, and the Prophet (peace and blessings be upon him) said to him: Did you perform Hajj? He said: Yes. He said: With what intention did you enter the state of ihram? He said: With an intention like the intention of the Prophet (peace and blessings be upon him). So the Messenger (peace and blessings be upon him) praised him and said: You have done well. Because this is what a person should do: if he is ignorant of the matter, he should attach his intention to what the Messenger (peace and blessings be upon him) was doing.
From this hadith, it is understood that Hajj is not like other acts of worship, meaning: that it is contracted in a vague state, and then it is specified. Because Abu Musa contracted it in a vague state, and 'Ali ibn Abi Talib also contracted it in a vague state, and the Prophet (peace and blessings be upon him) approved of that.
He said:Sahih Muslim 1221a.
So that it would be the tawaf of 'Umrah. So that it would be the sa'y of 'Umrah. Then he exited the state of ihram. It was not specified in this hadith what type of exiting the state of ihram it was, or by what he exits. It has been previously mentioned that the Prophet (peace and blessings be upon him) ordered them to shorten their hair. Consequently, some scholars considered shortening the hair not to be an act of worship, but rather an exiting from a prohibited state, and a release from a danger. And they built upon this that one exits from this danger by cutting one hair, or two, or three, because by cutting these hairs, the sanctity is violated, so he releases himself from the danger.
But the correct view is: that shaving or shortening the hair is a ritual act, due to the command of the Prophet (peace and blessings be upon him) for it, and the supplication of the Prophet (peace and blessings be upon him) for those who perform it.
If it were merely a release from a danger, a person would be able to release the danger by any means. It would be possible that if he had intercourse with his wife, he would release himself from the danger.
The important point is that he said to him: Exit the state of ihram. He said: So I performed tawaf of the House and of al-Safa and al-Marwah, then I went to a woman from Banu Qays and let my hair down. This is understood to mean that this woman was one of his mahrams (close relatives), otherwise it would not have been permissible for him to do so. When? On the eighth day.
He said: So I was issuing rulings to the people with this until it was during the caliphate of 'Umar (may Allah be pleased with him). Then a man said to him: O 'Abd Allah ibn Qays, wait, meaning: hold back some of your rulings, for you do not know what the Commander of the Faithful has innovated in the rituals after you.
He said — he is Abu Musa —: O people, whoever we have issued a ruling for, let him wait, for the Commander of the Faithful is coming to you, so complete your pilgrimage with him.
In this is the respect of the righteous Salaf for their rulers, and that they do not want people to differ with them, even in such a matter as the one the Prophet (peace and blessings be upon him) ordered. But Abu Musa (may Allah be pleased with him) saw that the Commander of the Faithful had an opinion and wisdom that he did not have. Otherwise, it is known that Abu Musa and others could not prioritize the statement of 'Umar over the statement of the Messenger (peace and blessings be upon him). But he saw that he was the Commander of the Faithful and their imam, and that he had a wisdom such that he saw it was better that people not exit the state of ihram.
The important point is that this man, who knew the text of the guidance of the Prophet (peace and blessings be upon him), when it was said to him: 'Umar (may Allah be pleased with him), who is the Commander of the Faithful, contradicted that, ordered the people to wait, and said: Be patient, for the Commander of the Faithful is coming to you, so complete your pilgrimage with him.
And this is what benefits the community: that they follow their imams, except in what contradicts the Shari'ah and where there is no room for independent legal reasoning. That is another matter. But as long as the matter has room for independent legal reasoning, it is not permissible at all for a person to deviate from what the rulers are doing, because in that lies harm and corruption.
And in it is also: the disturbance of people in opinion, behavior, and thought. Indeed, it may even lead to fighting, as is the reality in those whom history has witnessed.
He said: So 'Umar (may Allah be pleased with him) arrived, and I mentioned that to him, and he said:Sahih Muslim 1221a In his statement: Sunan an-Nasa'i 2738 So you, O worshipper, came with a Hajj, so complete the Hajj. You came with an 'Umrah, so complete the 'Umrah.
Sahih Muslim 1221a It is said: that this is undoubtedly the opinion of 'Umar, but it contradicts what the Messenger (peace and blessings be upon him) called for, where he ordered those who did not have sacrificial animals to exit the state of ihram.
The answer to this statement of 'Umar is to say: As for completing the Hajj, the one performing tamattu' has not deviated from completing the Hajj, but rather he has performed a better ritual, because he exited the state of ihram from the 'Umrah to enter the state of ihram for Hajj, so he performs two independent rituals.
And for this reason, if we said: Break off the Hajj to an 'Umrah so that you can exit the state of ihram and go to your family, we would say this is not permissible. But this is breaking off the Hajj to an 'Umrah so that it would be more complete in the ritual. This is the answer to his statement: It is said: So this is from the completion, that he did not deviate from the Hajj until he left it, but rather he deviated from the Hajj to what is more complete.
And as for his statement:Sahih Muslim 1221a It is said: Yes, the Messenger did not exit the state of ihram, but what prevented him from exiting was the market of sacrificial animals. This is an independent legal reasoning that is not correct. But 'Umar (may Allah be pleased with him) saw a wisdom, which is that if people perform 'Umrah in the months of Hajj, they would be content with that and not perform 'Umrah in the rest of the year, so the House would be deserted, with no one coming to it. Therefore, he saw in his policy that 'Umrah should be at one time and Hajj at another time. And the astonishing thing is that the Shaykh al-Islam (may Allah have mercy on him) said: That performing Hajj alone in one journey, and 'Umrah in another journey, is better than combining them in one journey, without disagreement, meaning even from tamattu'. And this is something for which a person is astonished, that the Shaykh al-Islam (may Allah have mercy on him) says such a statement, while the Messenger (peace and blessings be upon him), when he ordered the people to exit the state of ihram, did not ask: Did anyone perform 'Umrah before that or not? Rather, he ordered all of them to exit the state of ihram, meaning even if they had performed 'Umrah.
So this is what obliges a person to know that no matter how much knowledge a person attains, he must have some deficiency.
The Shaykh : The heading is stated:
Chapter on the abrogation of exiting the state of ihram and the command to complete the pilgrimage
باب في نسخ التحلل من الإحرام والأمر بالتمامThis translator — I mean the one who set the heading — says: This command is abrogated by the command to complete the pilgrimage. This is astonishing, an astonishment that does not end. When was the command to complete the pilgrimage? At the Treaty of Hudaybiyyah. And when was the command to break off the Hajj? During the Farewell Pilgrimage.
So, what is astonishing! How can the later be abrogated by the earlier?!
But the cause of this is that a person believes first and then seeks evidence second. This is one of the great defects that a student of knowledge must guard against, for it is obligatory that the belief follow the evidence. One should look at the evidence first and then judge. As for you, you judge first or believe first, and then you twist the evidence to fit your belief and your judgment. This is an error, because this means you are making the texts follow your opinion, rather than your opinion following the texts.
So, we consider this heading to be an error in reality.
As for the hadith, you see that Abu Musa (may Allah be pleased with him) was issuing rulings on exiting the state of ihram and breaking off the Hajj, because the Prophet (peace and blessings be upon him) had issued that ruling for him. Abu Musa was among those who came from Yemen, but he arrived after the Prophet (peace and blessings be upon him) had completed the tawaf and sa'y and had dismounted at al-Abtah. Abu Musa arrived, and the Prophet (peace and blessings be upon him) said to him: Did you perform Hajj? He said: Yes. He said: With what intention did you enter the state of ihram? He said: With an intention like the intention of the Prophet (peace and blessings be upon him). So the Messenger (peace and blessings be upon him) praised him and said: You have done well. Because this is what a person should do: if he is ignorant of the matter, he should attach his intention to what the Messenger (peace and blessings be upon him) was doing.
From this hadith, it is understood that Hajj is not like other acts of worship, meaning: that it is contracted in a vague state, and then it is specified. Because Abu Musa contracted it in a vague state, and 'Ali ibn Abi Talib also contracted it in a vague state, and the Prophet (peace and blessings be upon him) approved of that.
He said:
You have done well. Then circumambulate the House and run between al-Safa' and al-Marwa' and put off Ihram
فقد أحسنت ، طف بالبيت وبالصّفا والمروة ، وأحلّPerform tawaf of the House
طف بالبيتand between al-Safa and al-Marwah
وبين الصفا والمروةBut the correct view is: that shaving or shortening the hair is a ritual act, due to the command of the Prophet (peace and blessings be upon him) for it, and the supplication of the Prophet (peace and blessings be upon him) for those who perform it.
If it were merely a release from a danger, a person would be able to release the danger by any means. It would be possible that if he had intercourse with his wife, he would release himself from the danger.
The important point is that he said to him: Exit the state of ihram. He said: So I performed tawaf of the House and of al-Safa and al-Marwah, then I went to a woman from Banu Qays and let my hair down. This is understood to mean that this woman was one of his mahrams (close relatives), otherwise it would not have been permissible for him to do so.
Then I declared my intention for Hajj
ثم أهللت بالحجHe said: So I was issuing rulings to the people with this until it was during the caliphate of 'Umar (may Allah be pleased with him). Then a man said to him: O 'Abd Allah ibn Qays, wait, meaning: hold back some of your rulings, for you do not know what the Commander of the Faithful has innovated in the rituals after you.
He said — he is Abu Musa —: O people, whoever we have issued a ruling for, let him wait, for the Commander of the Faithful is coming to you, so complete your pilgrimage with him.
In this is the respect of the righteous Salaf for their rulers, and that they do not want people to differ with them, even in such a matter as the one the Prophet (peace and blessings be upon him) ordered. But Abu Musa (may Allah be pleased with him) saw that the Commander of the Faithful had an opinion and wisdom that he did not have. Otherwise, it is known that Abu Musa and others could not prioritize the statement of 'Umar over the statement of the Messenger (peace and blessings be upon him). But he saw that he was the Commander of the Faithful and their imam, and that he had a wisdom such that he saw it was better that people not exit the state of ihram.
The important point is that this man, who knew the text of the guidance of the Prophet (peace and blessings be upon him), when it was said to him: 'Umar (may Allah be pleased with him), who is the Commander of the Faithful, contradicted that, ordered the people to wait, and said: Be patient, for the Commander of the Faithful is coming to you, so complete your pilgrimage with him.
And this is what benefits the community: that they follow their imams, except in what contradicts the Shari'ah and where there is no room for independent legal reasoning. That is another matter. But as long as the matter has room for independent legal reasoning, it is not permissible at all for a person to deviate from what the rulers are doing, because in that lies harm and corruption.
And in it is also: the disturbance of people in opinion, behavior, and thought. Indeed, it may even lead to fighting, as is the reality in those whom history has witnessed.
He said: So 'Umar (may Allah be pleased with him) arrived, and I mentioned that to him, and he said:
If we abide by the Book of Allah (we find) the Book of Allah has commanded us to complete the
إن نأخذ بكتاب الله فإن كتاب الله يأمر بالتمامAnd complete the Hajj and 'Umrah for Allah
وأتموا الحج والعمرة للهand if we abide by the Sunnah of Allah's Messenger (ﷺ), we find that Allah's Messenger (ﷺ) did not put off Ihram till the sacrificial animal was brought to its end (till it was sacrificed).
وإن نأخذ بسنة رسول الله صلى الله عليه وسلم فإن رسول الله صلى الله عليه وسلم لم يحلّ حتى بلغ الهدي محلهThe answer to this statement of 'Umar is to say: As for completing the Hajj, the one performing tamattu' has not deviated from completing the Hajj, but rather he has performed a better ritual, because he exited the state of ihram from the 'Umrah to enter the state of ihram for Hajj, so he performs two independent rituals.
And for this reason, if we said: Break off the Hajj to an 'Umrah so that you can exit the state of ihram and go to your family, we would say this is not permissible. But this is breaking off the Hajj to an 'Umrah so that it would be more complete in the ritual. This is the answer to his statement:
For Allah has commanded completion
فإن الله أمر بالإتمامAnd as for his statement:
and if we abide by the Sunnah of Allah's Messenger (ﷺ), we find that Allah's Messenger (ﷺ) did not put off
إن نأخذ بسنة رسول الله صلى الله عليه وسلم ، فإن الرسول لم يحلSo this is what obliges a person to know that no matter how much knowledge a person attains, he must have some deficiency.
