The Book of Hajj-08a

The Reciter: Abd al-Malik ibn Shu'ayb ibn al-Layth narrated to us, saying: My father narrated to me, from my grandfather, saying: 'Aqil ibn Khalid narrated to me, from Ibn Shihab, from Salim ibn 'Abd Allah, that 'Abd Allah ibn 'Umar (may Allah be pleased with them both) said: .

The Shaykh : This is the hadith of Ibn 'Umar, which is among the longest narrations reported from Ibn 'Umar (may Allah be pleased with him). He said: . His intention (may Allah be pleased with him) was that he combined them in one state of consecration. The evidence for this is what was mentioned previously, that it was said to the Prophet (peace and blessings be upon him): "Say: An 'Umrah and a Hajj, or an 'Umrah in a Hajj." And it is agreed upon that the Prophet (peace and blessings be upon him) did not remove his state of consecration from the 'Umrah with which he arrived in the Farewell Pilgrimage. Accordingly, the meaning of combining the 'Umrah with the Hajj here is that he combined them in one journey. And he offered sacrificial animals, so he led the sacrificial animals with him from Dhu al-Hulayfah, meaning from the miqat. The Messenger of Allah (peace and blessings be upon him) began by declaring his intention for the 'Umrah, then he declared his intention for the Hajj, meaning he began with the 'Umrah when declaring his intention. He said: "Labbaik 'Umrah, and Hajj," so he mentioned the 'Umrah before the Hajj. Or he declared his intention for the 'Umrah first, then he declared his intention for the Hajj.
But this is contradicted by what was mentioned previously, that the Prophet (peace and blessings be upon him) declared his intention for the Hajj alone first, as in the hadith of Aishah al-Maqsum, and then it was said to him: "Say: An 'Umrah in a Hajj." And as you know, the wordings of the hadiths regarding the Hajj of the Prophet (peace and blessings be upon him) differ, sometimes in a way that makes it difficult to reconcile them, and sometimes they can be reconciled, even if only from a distance. So the meaning of his saying: is that the estimation is the talbiyah, meaning he began with the 'Umrah by the talbiyah before the Hajj.
And his saying: .
His saying: means: It is prohibited for him, and he is prevented from it until he completes his Hajj. "Prohibited for him" means: It is prohibited for him until he completes his Hajj. And whoever did not [offer a sacrificial animal], let him circumambulate the House and the Safa and al-Marwah, let him shorten his hair, and let him remove his state of consecration. Then let him declare his intention for the Hajj and offer a sacrificial animal. He said this before making it obligatory upon them when he finished the sa'y, meaning he said it when he arrived in Makkah. And the Prophet (peace and blessings be upon him) was encouraging his companions to combine the 'Umrah with the Hajj during his journey from Dhu al-Hulayfah to Makkah. But the making it obligatory upon them was only after the sa'y.
Then he said (peace and blessings be upon him): .
His saying: "Whoever does not find," he explained it by his saying: . This includes the non-existence of the sacrificial animal itself, such as if the animals are scarce, or the non-existence of the value, such as if the sacrificial animal is available but he does not have the value. For this reason, it came in the noble verse: meaning: So whoever does not find the sacrificial animal or its price.
And his saying: in any place of the Hajj. The correct view is that it is permissible to fast them from the time of his consecration for the 'Umrah, due to the saying of the Prophet (peace and blessings be upon him): . If they are included in the Hajj, and Allah the Exalted said: , then that indicates that if he fasts the three days from the time of his consecration for the 'Umrah, that suffices him, because he knows whether he will find [a sacrificial animal] or not.
As for the one who might find [a sacrificial animal], such as if he has little money, so that if the animals were cheap he would find one, but if they were expensive he would not find one, then he waits until the Day of 'Eid. If he finds one, that is fine. Otherwise, he begins fasting from the eleventh day.
Based on this, if a person declares his intention for the 'Umrah, combining it with the Hajj, in Shawwal, and he knows that he will not find anything, then he may fast the three days in Shawwal, and there is no harm in that.
Some scholars recommended that he fast them in the three days before the 'Eid, meaning on the seventh, eighth, and ninth days, so that his fasting would be in the Hajj itself. And they based on this that it is recommended for him to declare his intention for the Hajj on the seventh day. But this basis is not correct.
First: Because it is invalidated, in that if it is intended that he fast three days in the Hajj, then his consecration for the Hajj should be before the seventh day, either on the night of the seventh day or before dawn, so that it is true that he fasted three days in the Hajj.
Second: Those who were with the Messenger of Allah (peace and blessings be upon him), most of them did not find sacrificial animals. For this reason, they combined the 'Umrah with the Hajj. And those who had sacrificial animals remained in their state of consecration. And those who did not find sacrificial animals, without doubt, would fast. Was any of them told: "Declare your intention on the seventh day"? No. All of them declared their intention on the eighth day, and they went out to Mina on the eighth day. Accordingly, it is said: There is no harm in fasting from the seventh, eighth, and ninth days, but do not advance the consecration before the eighth day.
Then it is also said: And it is better not to fast on the Day of 'Arafah, because the Prophet (peace and blessings be upon him) did not fast on the Day of 'Arafah in 'Arafah. Rather, it was narrated from him that he prohibited fasting on the Day of 'Arafah in 'Arafah. The aspect of this is that a person on the Day of 'Arafah is in need of supplication, and if he fasts, he will become lazy, especially in the last part of the day, which is the most hopeful for acceptance. Therefore, the Sunnah is to be not fasting, even for the one who did not find a sacrificial animal and is combining the 'Umrah with the Hajj, it is not recommended for him to fast on the Day of 'Arafah in 'Arafah.
So, is it permissible to fast on the Day of 'Eid? No, because the prohibition of fasting on the two days of 'Eid is general, and nothing has been excluded from it. As for the days of Tashreeq, which are the eleventh, twelfth, and thirteenth, Aishah (may Allah be pleased with her) and Ibn 'Umar (may Allah be pleased with them both) said: "It was not permitted to fast on the days of Tashreeq except for the one who did not find a sacrificial animal."
Accordingly, the fasting of the three days in the Hajj is from his consecration for the 'Umrah to the last day of the days of Tashreeq. Two days are excluded from this: One of them is the Day of 'Eid, in which fasting is prohibited, and the second is the Day of 'Arafah, and that is because it is better on the Day of 'Arafah to be not fasting so that he can strengthen himself for supplication.
If someone asks: Are these three days permissible to be separated? The answer is: Yes, it is permissible to separate them, so he fasts one day and breaks his fast after a day. And it is permissible to combine them, and it is permissible to combine and separate them, two consecutive days and one separate day. Good.
The evidence for the permissibility of that is that Allah the Exalted made the fasting of three days in the Hajj general. And the legal principle that every student of knowledge should understand is: . For this reason, if Allah the Exalted intended to restrict, He restricted. So in the fasting of the expiation for killing, He said: . And in the expiation for zihar, He said: . And the Prophet (peace and blessings be upon him) said regarding the expiation for intercourse in Ramadan: . But in this verse: , it was not restricted by consecutiveness, and it was not restricted in the Shari'ah. So adding a restriction to it is considered a tightening upon the servants, because the general is broader than the restricted.
If someone asks: The fasting of three days for the one who did not find feeding or a slave in the expiation for an oath is a counter-argument to you, where Allah the Exalted said: , and you condition consecutiveness for the three days.
We said: Yes, it is transmitted in the well-known, famous recitation. However, 'Abdullah ibn Mas'ud recited it as: . The least that can be said about a recitation, if it is authentically transmitted from a Companion, is that it is among the marfu' reports (traced to the Prophet). Although the correct view is that if it is established that the Prophet (peace and blessings be upon him) recited with it, then it is part of the Qur'an.
He says: "And seven when he returns to his family." And in the Qur'an it is: . So do we say that the general wording of the Qur'an is restricted by the Sunnah, and we say: he fasts them when he returns to his family? Or do we say that the Prophet's (peace and blessings be upon him) mention of the condition is to make room and facilitate things for the servants?
There are two opinions on this. It was said that it is permissible for him to fast them when he returns, meaning: from Hajj, based on the saying of Allah the Exalted: meaning: from Hajj. It is as if He said: "And seven when you are finished." However, the best is to follow what the Prophet (peace and blessings be upon him) indicated and to wait to fast them until he returns to his family. So he does not fast the remaining seven except when he returns to his family.
And does he fast them, O Jabir, consecutively or separately?
Jabir: Are they permissible consecutively and separately?

The Shaykh : They are permissible consecutively and separately. Do you agree with this?
The students: Yes.

The Shaykh : The evidence
The students: The general wording.

The Shaykh : The evidence is the general wording.
He said: And the Messenger of Allah (peace and blessings be upon him) performed tawaf when he arrived in Makkah. He touched the Corner first, then hurried in three circuits.
Here, "the Corner" refers to the Black Stone, because the Prophet (peace and blessings be upon him) did not wipe the Corner; he wiped the Stone. If we took the hadith at its apparent meaning, a person would achieve the requirement by wiping the Corner, whether from above the Stone or below it. But this general wording is restricted by what is established from the Sunnah regarding wiping the Stone.
He says: "Khaba" here means to run, meaning: to walk quickly without extending the stride.
Then he bowed when he completed his tawaf of the House at the Maqam, praying two rak'ahs. We have previously spoken about this. Then he said the taslim and turned away, and he went to al-Safa. Here, Ibn 'Umar did not mention that he returned to the Corner and touched it, but Jabir mentioned it. Do we say that there is a contradiction? No, because Ibn 'Umar did not mention it, either because he did not know about it, or for other reasons. Jabir mentioned it. There is no negation and affirmation here to say that this is contradictory. Rather, this is an affirmation and silence. And not mentioning something is not a mention of its absence.
So he performed tawaf between al-Safa and al-Marwah for seven circuits. Then he did not remove his state of ihram from anything he had entered into until he completed his Hajj and slaughtered his sacrificial animal on the Day of Sacrifice. He then proceeded (afa) and performed tawaf of the House. It is mentioned that the Prophet (peace and blessings be upon him) did not remove his ihram until he completed his Hajj. His meaning by completing Hajj is the stoning. For this reason, the scholars said: One stops the talbiyah when he begins to stone the Jamrat al-'Aqabah, as the Sunnah indicates.
This means that the time for the talbiyah has ended, and that the person has done what he responded to with the talbiyah. For this reason, it says: until he completed his Hajj and slaughtered his sacrificial animal on the Day of Sacrifice.
He slaughtered his sacrificial animal on the Day of Sacrifice. It was previously mentioned that he offered one hundred camels as sacrifice, and he slaughtered sixty-three of them with his own hand.
And his saying: : This is an explanation of the time. Otherwise, it is permissible to delay the slaughter of the hady until the eleventh, twelfth, and thirteenth days. It is not permissible to delay it beyond these three days after the festival. The evidence for this is the saying of the Prophet (peace and blessings be upon him): , narrated by the compilers of the Sunan. And it is supported by what Muslim narrated from the Prophet (peace and blessings be upon him) in the hadith of Abu Hurayrah, who said: .
Therefore, whoever slaughters on the Day of the Festival, that is better. And whoever delays it to the second, third, and fourth days, that is permissible.
During this period, slaughter is permissible at night and during the day. Accordingly, the slaughter of the hady—the hady of tamattu'—has a time and a place. The place is the Haram, and the time is four days: the Day of the Festival, and the eleventh, twelfth, and thirteenth days.
Is it permissible to slaughter before the Day of the Festival? There is disagreement among the scholars on this. Some said that it is permissible to slaughter the hady of tamattu' and qiran before the festival, and before going out to 'Arafah. They analogized this to fasting and said: If fasting is permissible, and it is an obligation in place of the hady, then the hady is even more so.
It was said: It is not permissible except on the Day of the Festival and the three days after it. This is the correct view: that it is not permissible to slaughter before the Day of the Festival. An indication of this is that if it had been permissible to slaughter before the Day of the Festival, the Prophet (peace and blessings be upon him) would have slaughtered his hady when he completed the 'Umrah, in order to remove his ihram, so that it would be more reassuring for the people and more pleasing to their hearts. So the correct view is that slaughtering the hady of tamattu' and qiran is not permissible except on the Day of the Festival and after it, until the completion of the days of Tashriq.
He says: Here is a method followed by some contemporary scholars. They say: Since the issue is one of disagreement, and slaughtering the sacrifice before the Day of the Festival is more convenient for people and more beneficial for the poor, because it is slaughtered in Makkah and eaten and given in charity, so there is mercy and compassion in it, and there is public benefit. Is it not permissible for us to adopt this opinion for the sake of public benefit? The answer is: Some people, especially contemporary ones, have adopted this principle as a methodology they follow. So when an issue is one of disagreement and they see that the weaker position is more beneficial for people, they issue fatwas based on it. This is wrong, because it is obligatory to follow what the evidence indicates. If we were to follow what is more convenient for people, much evil would result and the Shari'ah would be altered. But it is said: What the evidence indicates must be followed, whether it is more convenient for people or more difficult.
But we know that there is something else in such an issue as the one we are discussing. If a person is unable to slaughter during the days of Tashriq and on the Day of the Festival, then we say: Inability does not carry an obligation. Slaughter after the festival, meaning after the days of slaughter, on the fourteenth or fifteenth day, if it was not facilitated for you, meaning you have the money and the livestock are available, but it was not facilitated. So we say: Slaughter, even if it is after that.
Or: Fast, because he said: . Here, the hady was not facilitated. Fast on the eleventh, twelfth, and thirteenth days.
He says: Even among the women, although he still had remaining acts of Hajj, which were staying overnight and stoning. And he did what the Messenger of Allah (peace and blessings be upon him) did, offering and leading the hady from among the people.
Here, "fa'" is the actor.