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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the explanation of the author's statement: "And upon the one who performs tamattu' is a sacrificial animal"

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The Shaykh : The author said "And upon the one who performs tamattu' is a sacrificial animal", and we explained the sacrificial animal and said that it would have been better for the author to say "hady" (sacrificial animal). We said that this hady must have five things?

The questioner : Five things.

The Shaykh : Five things, yes, reaching the age, being free from defects, the time, the place, and being from the livestock of the animals, five. Good. He said, may Allah have mercy on him, "And upon the one who performs tamattu' is a sacrificial animal". The apparent meaning of the author's words is that the one who is not performing tamattu' is not obligated to offer a sacrificial animal, because he said in the context of tamattu' "And upon the one who performs tamattu' is a sacrificial animal". Is this what is intended or not? The apparent meaning of the author's words is that the sacrificial animal is upon the one performing tamattu' alone. There is the one performing ifrad and the one performing qiran. As for the one performing ifrad, there is no sacrificial animal upon him. As for the one performing qiran, the apparent meaning of his words, may Allah have mercy on him, is that there is no sacrificial animal upon him, because the one performing qiran is not performing tamattu' in the sense that the author stated. The author said that tamattu' is to enter the state of ihram for 'Umrah in the months of Hajj, complete it, then enter the state of ihram for Hajj. Then he said "And upon the one who performs tamattu' is a sacrificial animal". This apparent meaning of the author's words is what Dawud al-Zahiri, from the Zahiris, held. He said that Allah said
whoever performs 'umrah [during the Hajj months] followed by Hajj فمن تمتع بالعمرة إلى الحج
[Al-Baqarah 2:196]
, so there must be a separation between the 'Umrah and the Hajj, because "ila" (to) indicates a limit, and a limit must have a beginning and an end. So there must be a tamattu' between the 'Umrah and the Hajj. As for the one performing qiran, there is no tamattu' between his 'Umrah and his Hajj, because he will remain in the state of ihram until?

The questioner : On the day of the festival.

The Shaykh : Until the day of 'Id. This is what the Zahiris held, and it is the apparent meaning of the Qur'an, the apparent context.
then whoever performs 'umrah فمن تمتع بالعمرة إلى
[Al-Baqarah 2:196]
But when he said "to the Hajj," we know that there is a separation between the 'Umrah and the Hajj. For this reason, Ibn Mashi'sh asked Imam Ahmad, may Allah have mercy on him, and he said: "Is the hady, or rather the sacrificial animal, obligatory upon the one performing qiran? He said: How can it be obligatory, when they have analogized it to the one performing tamattu'?" It is as if he, may Allah have mercy on him, is indicating that the obligation of the sacrificial animal upon the one performing qiran is only by analogy. And if it is by analogy, let us look at whether this analogy is complete or not, because a complete analogy must have the original case and the branch case sharing in the operative cause that necessitates the ruling, or not? A complete analogy must have the original case and the branch case sharing in the operative cause that necessitates the ruling. The operative cause for the sacrificial animal in the tamattu' where there is a separation between the 'Umrah and the Hajj is that Allah made it easy for this worshipper, He made it easy for him to have a complete tamattu' between the 'Umrah and the Hajj. The one performing qiran is not like that, without doubt, because he will remain in the state of tamattu' from the time he enters ihram until the day of 'Id. If that is the case, then the analogy is not valid. For this reason, we say that the apparent meaning of the Qur'an is with the Zahiris. The apparent meaning of the Qur'an is with the Zahiris that the sacrificial animal is not obligatory except upon the one performing tamattu' alone, not upon the one performing qiran or the one performing ifrad. But with this, we say that the most cautious and most complete thing for a person's worship is to offer the hady, because among the manners of the Messenger (peace and blessings be upon him) was voluntary offering. So how about offering where the scholars differed on its obligation, and the majority of scholars held it to be obligatory? We say that this is undoubtedly more preferable, more purifying of the conscience, and more cautious. How many did the Messenger (peace and blessings be upon him) offer? Seven hundred? May Allah reward you. Seven hundred?

The questioner : ... .

The Shaykh : There is no god but Allah. How many camels? Seven hundred sheep. You are now being stingy with yourself over one sheep. Slaughter the hady, even if you are performing qiran. If it was obligatory, you have purified your conscience, and if it was not obligatory, you have drawn near to Allah the Exalted by it. Good. The author, may Allah have mercy on him, stipulates what he mentioned besides this condition. He stipulates that one does not travel between them, meaning between the 'Umrah and the Hajj. It can be taken from the author's statement "and complete it, then enter the state of ihram for Hajj" that there is no travel, although it is not that strong apparent meaning. The important thing is that it is stipulated that one does not travel between the 'Umrah and the Hajj. If one performs the 'Umrah and then returns, for example, to Madinah, and then returns from Madinah in the state of ihram for Hajj, he has traveled between them, because traveling from Makkah to Madinah is travel without doubt. Does the sacrificial animal drop? Perhaps we say that the apparent meaning of the author's words is what? It drops, because he said "complete it, then enter the state of ihram" and did not say "even if he traveled." The apparent meaning of "complete it, then enter the state of ihram" is that the matter is continuous, that this is continuous.
Source alathar.net

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

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