Reading from the author's words, with commentary on them and collation of the manuscripts: "So he said (peace and blessings be upon him)
Machine translationRead the Arabic original
The reader: "Such as their calling out: 'O so-and-so, O so-and-so,' and their festivals, and other matters of theirs".
The Shaykh : I have it here, O so-and-so, O so-and-so, here.
The reader: There are manuscripts
The Shaykh : And what are the manuscripts?
The reader: One manuscript has 'O so-and-so, O so-and-so' and another has 'O so-and-so and O so-and-so'.
The Shaykh : Okay, if the manuscripts differ, yes.
The reader: "Then he specified, after that, the blood and wealth that were made lawful by pre-Islamic beliefs, from the usury or interest that was in the debts of some people, and from a person killed in the pre-Islamic age of ignorance before the killer's Islam and his pledge, or before the victim's Islam and his pledge: either to specify them by mention after the general statement, or because this is the dropping of specific matters that are believed to be rights, not for their general customs, so they do not fall under the first, just as debts established by a valid sale, or a loan, and the like, do not fall under it. And this wording does not include: what they were upon in the pre-Islamic age of ignorance, and Allah approved in Islam, such as the rites of Hajj, and the blood money for the killed person being one hundred, and the oath of al-Qasamah, and the like".
The Shaykh : His saying: "such as the rites of Hajj" means in general, otherwise it is known that Quraysh did not stand at 'Arafah but rather stood at Muzdalifah. For this reason, it came in the hadith of Jabir that the Prophet (peace and blessings be upon him) proceeded until he reached 'Arafah and found the tent had been set up for him at Namirah. He said:Sahih Muslim 1218a But the Messenger (peace and blessings be upon him) was different; he proceeded until he reached 'Arafah. Some scholars have cited his saying: Sahih Muslim 1218a as evidence that Namirah is part of 'Arafah, because he said: Sahih Muslim 1218a But there is no evidence in that, because Jabir's intention was that he proceeded until the end of his proceeding was 'Arafah, as is the case for pilgrims other than Quraysh. This is the meaning of his words. As for Namirah, it is a place near 'Arafah and is not part of it. Therefore, if a person stands at Namirah for the whole day and then leaves it, his Hajj is not valid because he did not stand at 'Arafah. This is a point where people err, thinking that his saying: Sahih Muslim 1218a means that Namirah is part of 'Arafah. We say it is not so. First, if it were part of 'Arafah, he would have said: "So he descended at Namirah" or "So he descended on a side of it," and he did not distinguish between this and that. Second, "until" indicates a limit, and the meaning is: he proceeded until he stood at 'Arafah, as people used to do. Yes.
The reader: "Such as the rites of Hajj, and the blood money for the killed person being one hundred, and the oath of al-Qasamah, and the like".
The Shaykh : One hundred what? One hundred camels. The blood money for the killed person is one hundred camels. And al-Qasamah: al-Qasamah is when a corpse is found in the land of his enemies, and the guardians of the killed person claim that these people killed him. If they have no witness to testify to that, the oath of al-Qasamah is carried out.
The Shaykh : I have it here, O so-and-so, O so-and-so, here.
The reader: There are manuscripts
The Shaykh : And what are the manuscripts?
The reader: One manuscript has 'O so-and-so, O so-and-so' and another has 'O so-and-so and O so-and-so'.
The Shaykh : Okay, if the manuscripts differ, yes.
The reader: "Then he specified, after that, the blood and wealth that were made lawful by pre-Islamic beliefs, from the usury or interest that was in the debts of some people, and from a person killed in the pre-Islamic age of ignorance before the killer's Islam and his pledge, or before the victim's Islam and his pledge: either to specify them by mention after the general statement, or because this is the dropping of specific matters that are believed to be rights, not for their general customs, so they do not fall under the first, just as debts established by a valid sale, or a loan, and the like, do not fall under it. And this wording does not include: what they were upon in the pre-Islamic age of ignorance, and Allah approved in Islam, such as the rites of Hajj, and the blood money for the killed person being one hundred, and the oath of al-Qasamah, and the like".
The Shaykh : His saying: "such as the rites of Hajj" means in general, otherwise it is known that Quraysh did not stand at 'Arafah but rather stood at Muzdalifah. For this reason, it came in the hadith of Jabir that the Prophet (peace and blessings be upon him) proceeded until he reached 'Arafah and found the tent had been set up for him at Namirah. He said:
the Quraish did not doubt that he would halt at al-Mash'ar al-Haram (the sacred site) as the Quraish used to do in the pre-Islamic period
ولا تشك قريش إلا أنه واقف عند المشعر الحرام كما كانت قريش تفعل في الجاهليةhe found that the tent had been pitched for him at Namira
فوجد القبة قد ضُربت له بنمرةThe Messenger of Allah (ﷺ), however, passed on till he came to 'Arafa and he found that the tent had been pitched for him at Namira. There he got down
أجاز حتى أتى عرفة فوجد القُبة قد ضُربت له بنمرة فنزل فيهاThe Messenger of Allah (ﷺ), however, passed on till he came to 'Arafa and he found that the tent had been pitched for him at Namira.
أجاز حتى أتى عرفة فوجد القبة قد ضربت له بنمرةThe reader: "Such as the rites of Hajj, and the blood money for the killed person being one hundred, and the oath of al-Qasamah, and the like".
The Shaykh : One hundred what? One hundred camels. The blood money for the killed person is one hundred camels. And al-Qasamah: al-Qasamah is when a corpse is found in the land of his enemies, and the guardians of the killed person claim that these people killed him. If they have no witness to testify to that, the oath of al-Qasamah is carried out.