Continuation of the explanation of the author's statement: "And if he has intercourse before the first tahallul, their worship is defective, and they must proceed in it and make it up in the following year."
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The Shaykh : It is a defective act of worship, because they ask: Does the defective act conform to the command of Allah and His Messenger? If you say yes, it follows that Allah and His Messenger command defectiveness. If you say no, they say: The Prophet (peace and blessings be upon him) said: Sahih Muslim 1718b And the one who is sent back gains no benefit from what he does. What will Allah do with your punishment? So, if you associate partners with Him and believe, then [the situation changes]. Some scholars from the Tabi'un (the generation after the Companions) hold that one performs tahallul with the 'Umrah of Hajj. So, if it becomes defective now, he performs tahallul with an 'Umrah and makes it up. They consider this similar to the case of one who misses standing at 'Arafah; he performs tahallul with an 'Umrah and becomes free from the state of ihram. However, there is no doubt that the Companions (may Allah be pleased with them) were deeper in knowledge and sounder in opinion than we are, so they are closer to the truth than we are. Therefore, we take their statements and say: It becomes defective, and you are obligated to proceed in it. In this is closing the door to people of evil and corruption, because if we said, "If it becomes defective, he may leave," he might not care about sinning; he would have intercourse in order to leave, and have intercourse with his wife whenever he wished. So, if we close the door on him and say, "You are obligated to proceed," there is wisdom in this for disciplining him and deterring him. Now, if he proceeds in this defective state, is his ruling regarding the remaining prohibitions the same as that of the valid state, or not? Yes, he proceeds in the defective state, and his ruling is the same as the valid state in everything that is obligatory upon him, such as prohibitions, obligations, and so on. Now, the stronger position is that he proceeds.
The questioner : No... regarding the statement that tahallul is by stoning the pillars?
The Shaykh : Yes, that is correct, well done. The issue of the first tahallul: does it occur by stoning alone, or by stoning and shaving? The correct view is that it does not occur except by stoning and shaving. Although the hadith: is weak, it is supported by the hadith of 'Aishah in the two Sahihs: "I used to apply perfume to the Prophet (peace and blessings be upon him) for his ihram before he entered the state of ihram, and for his tahallul before he circumambulated the House". If he had become free from ihram by stoning, she would have said, "and for his tahallul before he slaughtered and shaved." But since she said "before he circumambulated the House," it is known that circumambulating the House directly follows tahallul and comes after it. This implies that he does not become free from ihram except when he has stoned and shaved. Indeed, if someone said, "and slaughtered, if he had a sacrificial animal," that would be a good statement, because the Messenger (peace and blessings be upon him) said when the Companions returned to him regarding tahallul: So, if someone said that the one who brings the sacrificial animal's becoming free from ihram depends on its slaughter, that would have a basis. Do you understand now? If one has intercourse before the first tahallul, the following consequences follow: What are they? Sin, the obligation to proceed in it. Arrange them in the best order: Sin, the defectiveness of the worship, the obligation to proceed in it, the expiation. The expiation in the making up? So, the obligation to make it up in the coming year, and the expiation in the making up.
The questioner : ... .
The Shaykh : I say we have finished with one car and started with two cars. I say there is a person who has been blocked by two cars. The person is in a hurry. The first car is a Jeep, and the number from the right is five, zero, seven, seven, zero, nine. The second car is a white Datsun, and the number is three, zero, eight, seven, seven, three, four. Whoever has a car from these, may Allah reward him with good, let him clear the way for his brother... All of the statements of the Companions.
The questioner : Clarifying the statement of the Zahiriyyah?
The Shaykh : Clarification?
The questioner : ... .
The Shaykh : The refutation of it, meaning the refutation of it, as we said, following the Companions is better than analogical reasoning.
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملاً ليس عليه أمرنا فهو ردThe questioner : No... regarding the statement that tahallul is by stoning the pillars?
The Shaykh : Yes, that is correct, well done. The issue of the first tahallul: does it occur by stoning alone, or by stoning and shaving? The correct view is that it does not occur except by stoning and shaving. Although the hadith:
When you have stoned and shaved, everything becomes lawful for you.
إذا رميتم وحلقتم حل لكم كل شيءI have the sacrificial animal with me, so I do not exit the state of ihram until I slaughter it.
إن معي الهدي فلا أحل حتى أنحرThe questioner : ... .
The Shaykh : I say we have finished with one car and started with two cars. I say there is a person who has been blocked by two cars. The person is in a hurry. The first car is a Jeep, and the number from the right is five, zero, seven, seven, zero, nine. The second car is a white Datsun, and the number is three, zero, eight, seven, seven, three, four. Whoever has a car from these, may Allah reward him with good, let him clear the way for his brother... All of the statements of the Companions.
The questioner : Clarifying the statement of the Zahiriyyah?
The Shaykh : Clarification?
The questioner : ... .
The Shaykh : The refutation of it, meaning the refutation of it, as we said, following the Companions is better than analogical reasoning.