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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the Book of the Beginning of Revelation, Faith, and Knowledge-10a

Machine translationRead the Arabic original
The reciter: Musa ibn Isma'il narrated to us, saying: Wahib narrated to us, saying: Ayyub narrated to us from Ikrimah from Ibn Abbas:
Somebody said to the Prophet (during his last Hajj), "I did the slaughtering before doing the Rami.' The Prophet (ﷺ) beckoned with his hand and said, "There is no harm in that." Then another person said. "I got my head shaved before offering the sacrifice." The Prophet (ﷺ) beckoned with his hand saying, "There is no harm in that." أن النبي صلى الله عليه وسلم سئل في حجته فقال ذبحت قبل أن أرمي فأومأ بيده قال ولا حرج قال حلقت قبل أن أذبح فأومأ بيده ولا حرج
Sahih al-Bukhari 84
.

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. He said, "The chapter of one who answers a fatwa with a gesture of the hand or head." It is a condition for this gesture that it be comprehensible; if it is not comprehensible, it is not understood. A comprehensible gesture takes the place of a verbal expression; a comprehensible gesture takes the place of a spoken expression. As for the hadith of Ibn Abbas, the Prophet (peace and blessings be upon him and his family) combined the gesture and the words, as in other narrations, where he said:
There is no harm. لا حرج
. Accordingly, the wording mentioned by al-Bukhari contains only the gesture, because he said:
The Prophet (ﷺ) beckoned with his hand and said, "There is no harm in that." فأومأ بيده قال ولا حرج
Sahih al-Bukhari 84
, and the second is the same. So it appears he gestured first, then said:
There is no harm. لا حرج
, thus combining the gesture with the expression. However, the rule is that a comprehensible gesture takes the place of an expression. But does it take its place in dhikr, meaning in the remembrance of Allah? The answer is no, because dhikr requires speaking with the tongue, except for the mute person, for whom his gesture can take the place of his expression in dhikr.
If this mute person wanted to slaughter, if he wanted to slaughter a sheep and gestured to the sky, meaning "In the name of Allah," that is sufficient. Yes.

The questioner : How is the gesture?

The Shaykh : A comprehensible gesture.

The questioner : ...

The Shaykh : I do not know how he said it, but either he says this, or he says this. Yes, the important thing is that it must be a comprehensible gesture. Yes.

The questioner : Shaykh, this hadith recounts a story other than that of 'Amr ibn al-'As...

The Shaykh : It is possible that it is another story, or that it is the same story, and that Ibn Abbas saw his gesture while Ibn 'Amr did not see it.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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