Al-Muwatta' of Imam Malik - Hajj - Hadith

The Ghusl of Ihram

1 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim from his
father from Asma' bint 'Umays that she gave birth to Muhammad ibn Abi Bakr at
al-Bayda'. Abu Bakr mentioned this to the Messenger of Allah, may Allah bless
him and grant him peace, and he said, "Tell her to do ghusl and then
enter ihram."

[In Muslim]

2 Yahya related to me from Malik from Yahya ibn Sa'id from Sa'id ibn al-Musayyab
that Asma' bint 'Umays gave birth to Muhammad ibn Abi Bakr at Dhu'l-Hulayfa and
Abu Bakr told her to do ghusl and then enter ihram.

3 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
do ghusl for ihram before he entered ihram, and for
entering Makka, and for standing on the afternoon of 'Arafa.

 

20.2 Ghusl in Ihram

4 Yahya related to me from Malik from Zayd ibn Aslam from
Ibrahim ibn 'Abdullah ibn Hunayn from his father 'Abdullah ibn Hunayn that
'Abdullah ibn 'Abbas and al-Miswar ibn Makhrama once had a disagreement at al-Abwa.
'Abdullah said that someone in ihram could wash his head, and al-Miswar
ibn Makhrama maintained that someone in ihram could not wash
his head.

'Abdullah ibn Hunayn continued, "'Abdullah ibn 'Abbas sent me to Abu Ayyub
al-Ansari, and I found him doing ghusl between the posts of a well,
screened by a garment. I greeted him and he said, 'Who is that?' I replied, 'I
am 'Abdullah ibn Hunayn. 'Abdullah ibn 'Abbas sent me to you to ask how the
Messenger of Allah, may Allah bless him and grant him peace, used to wash his
head when he was in ihram.' "

He continued, "Abu Ayyub put his hand on the garment and pulled it down until
I could see his head. He said to the man who was pouring out the water for him,
'Pour,' and he poured some over his head. Then he passed his hands over his head
from the front to the back and then to the front again, and then said, 'I saw
the Messenger of Allah, may Allah bless him and grant him peace, doing it like
this.' "

[cf Bukhari 1743]

5 Malik related to me from Humayd ibn Qays from 'Ata' ibn Abi Rabah that 'Umar
ibn al-Khatttab once asked Ya'la ibn Munya, who was pouring out water for him
while he was having a ghusl, to pour some on his head. Ya'la said, "Are
you trying to make me responsible? I will only pour it out if you tell me to do
so." 'Umar ibn al-Khattab said, "Pour, it will only make (my head) more
unkempt."

6 Malik related to me from Nafi' that 'Abdullah ibn 'Umar
would spend the night between the two trails in the valley of Dhu Tuwa when he
was approaching Makka. Then he would pray Subh, and after that he would
enter Makka by the trail which is at the highest part of Makka. He would never
enter Makka if he was coming for hajj or 'umra without doing
ghusl beforehand when he was near Makka at Dhu Tuwa, and he would tell
whoever was with him to do likewise.

[cf Bukhari 1498]

7 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar would
never wash his head while he was in ihram except if he had to do ghusl
because of a wet dream.

Malik said, "I have heard the people of knowledge say that there is no harm
in someone who is in ihram rubbing his head with certain kinds of plants
after he has stoned the Jamrat al-'Aqaba but before he has shaved his head,
because once he has finished stoning the Jamrat al-'Aqaba it is halal for
him to kill lice, to shave his head, to clean himself of body hair, and to wear
normal clothes."

 

20.3 Clothes Forbidden in Ihram

8 Yahya related to me from Malik from Nafi' from 'Abdullah
ibn 'Umar that a man once asked the Messenger of Allah, may Allah bless him and
grant him peace, what clothes someone in ihram could wear, and the
Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear
shirts, turbans, trousers, burnouses, or leather socks except if you cannot find
sandals. In that case you can wear leather socks, but cut them off below the
ankles. Do not wear any clothes that have been touched by saffron or yellow dye
(wars)."

[cf Bukhari 1468]

Yahya said that Malik was asked about the hadith attributed to the
Prophet, may Allah bless him and grant him peace, "Whoever cannot find a
waist-wrapper should wear trousers," and he said, "I have never heard this, and
I do not think that someone who is in ihram can wear trousers, because
among the things which the Prophet, may Allah bless him and grant him peace,
forbade someone in ihram to wear were trousers, and he did not make any
exception for them although he did make an exception for leather socks."

 

20.4 Clothes Worn in Ihram

9 Yahya related to me from Malik from 'Abdullah ibn Dinar that 'Abdullah ibn
'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace,
forbade anyone in ihram to wear a garment which had been dyed with
saffron or yellow dye (wars), and said, 'Anyone that cannot find sandals
can wear leather socks, but he should cut them off below the ankles.' "

[In Bukhari]

10 Yahya related to me from Malik from Nafi' that he had heard Aslam, the
mawla of 'Umar ibn al-Khattab, telling 'Abdullah ibn 'Umar that 'Umar ibn
al-Khattab once saw a dyed garment on Talha ibn 'Ubaydullah while he was in
ihram and 'Umar said, "What is this dyed garment, Talha?", and Talha said,
"Amir al-Muminin, it is only mud." 'Umar said, "You and your like are taken by
people as imams, and if an ignorant man were to see this garment he would say
that Talha ibn 'Ubaydullah used to wear a dyed robe while he was in ihram.
So do not wear any form of dyed clothes."

11 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
Asma' bint Abi Bakr had worn clothes that were completely dyed with safflower
while she was in ihram, - there was not any saffron on them, though.

Yahya said that Malik was asked if a garment which had been perfumed could be
used for ihram if the smell of the perfume had gone, and he said, "Yes,
as long as there is no saffron or yellow dye (wars) on it."

 

20.5 Wearing a Belt in Ihram

12 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
disapprove of anybody wearing a belt or girdle while in ihram.

13 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id
ibn al-Musayyab say, about the girdle worn by some one in ihram under his
clothes, "There is no harm in it if he ties the ends together as a belt."

Malik said, "This is what I like most out of what I have heard about the
matter."

 

20.6 Veiling the Face in Ihram

13* Yahya related to me from Malik from Yahya ibn Sa'id that al-Qasim ibn
Muhammad said that al-Furafisa ibn 'Umayr al-Hanafi saw 'Uthman ibn 'Affan at
al-'Arj, and he was covering his face while in ihram.

13* Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say that a man in ihram should not veil anything above his chin.

* The Arabic Edition repeats the numbering on these hadiths.

 

14 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar
shrouded his son Waqid ibn 'Abdullah, who had died at al-Juhfa while in ihram,
and he veiled his head and face and said, "If we had not been in ihram we
ourselves would have perfumed him."

Malik commented, "A man can only do things while he is alive. When he is
dead, his actions stop."

15 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
say that a woman in ihram should wear neither a veil nor gloves.

16 Yahya related to me from Malik from Hisham ibn 'Urwa that Fatima bint
al-Mundhir said, "We used to veil our faces when we were in ihram in the
company of Asma' bint Abi Bakr as-Siddiq."

 

20.7 Wearing Perfume during Hajj

17 Yahya related to me from Malik from 'Abd ar-Rahman ibn
al-Qasim from his father that 'A'isha, the wife of the Prophet, may Allah bless
him and grant him peace, said, "I perfumed the Messenger of Allah, may Allah
bless him and grant him peace, for his ihram before he entered ihram,
and when he came out of ihram before he did tawaf of the House."

[cf Bukhari 1465]

18 Yahya related to me from Malik from Humayd ibn Qays from
'Ata' ibn Rabah that a bedouin came to the Messenger of Allah, may Allah bless
him and grant him peace, when he was at Hunayn, and he was wearing a shirt with
traces of yellow on it. He said, "Messenger of Allah, I have entered ihram
for 'umra. What should I do?" The Messenger of Allah, may Allah bless him
and grant him peace, said to him, "Take off your shirt and wash off this
yellowness and do in 'umra as you would do on hajj."

[cf Bukhari 1463]

19 Yahya related to me from Malik from Nafi' from Aslam, the mawla of 'Umar
ibn al-Khattab, that 'Um Nafi' from Aslam, the mawla of 'Umar ibn al-Khattab,
that 'Umar ibn al-Khattab noticed the smell of perfume while he was at
ash-Shajara, and he asked, "Who is this smell of perfume coming from?" Mu'awiya
ibn Abi Sufyan answered, "From me, Amir al-Muminin." 'Umar said, "From you? By
the life of Allah!" Mu'awiya explained, "Umm Habiba perfumed me, Amir
al-Muminin." 'Umar then said, "You must go back and wash it off."

20 Yahya related to me from Malik from as-Salt ibn Zubayd from more than one
of his family that 'Umar ibn al-Khattab noticed the smell of perfume while he
was at ash-Shajara. Kathir ibn as-Salt was at his side, and 'Umar asked, "Who is
this smell of perfume coming from?", and Kathir said, "From me, Amir al-Muminin.
I matted my hair with perfume and I intended not to shave it." 'Umar said, "Go
to a sharaba and rub your head until it is clean," and Kathir did so.

Malik explained, "A sharaba is the ditch at the base of a date-palm."

21 Yahya related to me from Malik from Yahya ibn Sa'id and 'Abdullah ibn Abi
Bakr and Rabi'a ibn Abi 'Abd ar-Rahman that al-Walid ibn 'Abd al-Malik asked
Salim ibn 'Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume
after he had stoned the jamra and shaved his head, but before he had left
for the Tawaf al-Ifada. Salim forbade him to do so, but Kharija ibn Zayd
ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does
not have any perfume in it, either before he enters ihram, or before he
leaves Mina for the Tawaf al-Ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat
food with saffron in it, and he said, "There is no harm in someone in ihram
eating it if it has been cooked. If, however, it has not been cooked he should
not eat it."

 

20.8 Points of Entry for Ihram (Mawaqit)

 

22 Yahya related to me from Malik from Nafi' from 'Abdullah
ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace,
said, "The people of Madina should enter ihram at Dhu'l-Hulayfa, the
people of Syria should do so at al-Juhfa, and the people of Najd should do so at
Qarn."

'Abdullah ibn 'Umar added, "I have heard that the Messenger of Allah, may
Allah bless him and grant him peace, said, 'The people of Yemen should enter
ihram at Yalamlam.'"

[cf Bukhari 1453]

23 Yahya related to me from Malik from 'Abdullah ibn Dinar that 'Abdullah ibn
'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace,
told the people of Madina to enter ihram at Dhu'l-Hulayfa, the people of
Syria to do so at al-Juhfa, and the people of Najd to do so at Qarn."

24 'Abdullah ibn 'Umar said, "I heard these three from the Messenger of
Allah, may Allah bless him and grant him peace. I was also told that the
Messenger of Allah, may Allah bless him and grant him peace, said, 'The people
of Yemen should enter ihram at Yalamlam.'"

[In Bukhari]

25 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar once
entered ihram at al-Fur'.

26 Yahya related to me from Malik from a reliable source that 'Abdullah ibn
'Umar once entered ihram at Ilya' (Jerusalem).

27 Yahya related to me from Malik that he had heard that the Messenger of
Allah, may Allah bless him and grant him peace, once entered ihram at
al-Ji'irrana (near Makka) for an 'umra.

[In Abu Dawud, at-Tirmidhi and an-Nasa'i]

 

20.9 The Method of Entering Ihram

28 Yahya related to me from Malik from 'Abdullah ibn 'Umar
that the talbiya of the Messenger of Allah, may Allah bless him and grant
him peace, was, "I am at Your service, O Allah, I am at Your service. You have
no partner. I am at Your service. Praise and blessing belong to You, and the
Kingdom. You have no partner."

Labbayk, Allahumma labayk, la sharika laka labbayk. Inna'l-hamda
wa'n-ni'mata laka wa'l-mulk, la sharika lak.

Malik said that 'Abdullah ibn 'Umar used to add, "I am at Your service, I am
at Your service. I am at Your service and at Your call. Good is in Your hands,
and I am at Your service. Our desire is for You, and our action."

Labbayk, labbayk, labbayk wa s'dayka wa'l-khayr biyadayka labayk
wa'r-raghba'u ilayka wa'l-'amalu.

[cf Bukhari 1474]

29 Yahya related to me from Malik from Hisham ibn 'Urwa from
his father that the Messenger of Allah, may Allah bless him and grant him peace,
used to pray two rak'ats in the mosque at Dhu'l-Hulayfa, and then, when
he had got on to his camel and it had stood up, he would begin doing talbiya.

[cf Bukhari 1443]

30 Yahya related to me from Malik from Musa ibn 'Uqba that
Salim ibn 'Abdullah heard his father say, "Your claim that the Messenger of
Allah, may Allah bless him and grant him peace, began doing talbiya from
this desert of yours is not true, because he only began doing talbiya
from the mosque, i.e. the mosque of Dhu'l-Hulayfa."

[cf Bukhari 1467]

31 Yahya related to me from Malik from Sa'id ibn Abi Sa'id
al-Maqburi that 'Ubayd ibn Jurayj once said to 'Abdullah ibn 'Umar, "Abu 'Abd
ar-Rahman, I have seen you doing four things which I have never seen any of your
companions doing." He said, "What are they, Ibn Jurayj?" and he replied, "I have
seen you touching only the two Yamani corners, I have seen you wearing hairless
sandals, I have seen you using yellow dye, and, when you were at Makka and
everybody had started doing talbiya after seeing the new moon, I saw that
you did not do so until the eighth of Dhu'l-Hijja."

'Abdullah ibn 'Umar replied, "As for the corners, I only ever saw the
Messenger of Allah, may Allah bless him and grant him peace, touching the two
Yamani corners. As for the sandals, I saw the Messenger of Allah, may Allah
bless him and grant him peace, wearing hairless sandals and doing wudu'
in them, and I like wearing them. As for using yellow dye, I saw the Messenger
of Allah, may Allah bless him and grant him peace, using it, and I also like to
use it for dyeing things with. As for doing talbiya, I never saw the
Messenger of Allah, may Allah bless him and grant him peace, begin doing so
until he had set out on the animal he was riding on (i.e. for Mina and 'Arafa)."

[cf Bukhari 164]

32 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
pray in the mosque of Dhu'l-Hulayfa, and then go outside and get on his camel
and when his camel had stood up he would begin to do talbiya.

33 Yahya related to me from Malik that he had heard that 'Abd al-Malik ibn
Marwan had started to do talbiya at the mosque of Dhu'l-Hulayfa, after
the animal he was riding on had stood up, and that Aban ibn 'Uthman had told him
to do this.

 

20.10 Raising the Voice in Talbiya

34 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad
ibn 'Amr ibn Hazm from 'Abd al-Malik ibn Abi Bakr ibn al-Harith ibn Hisham from
Khallad ibn as-Sa'ib al-Ansari from his father that the Messenger of Allah, may
Allah bless him and grant him peace, said, "Jibril came to me and told me to
tell my companions, or whoever was with me, to raise their voices when doing
talbiya."

[In Abu Dawud, at-Tirmidhi, an-Nasa'i and Ibn Majah]

35 Yahya related to me from Malik that he had heard the people of knowledge
say, "Women do not have to raise their voices when they are doing talbiya,
and a woman should only speak loudly enough to hear herself."

Malik said, "Someone who is in ihram should not raise his voice when
doing talbiya if he is in a mosque where there are groups of people. He
should only speak loudly enough for himself and those who are near him to be
able to hear, except in the Masjid al-Haram and the mosque at Mina where he
should raise his voice."

Malik said, "I have heard some of the people of knowledge recommending
(people to do) talbiya at the end of every prayer and at every rise on
the route."

 

20.11 Hajj al-Ifrad

36 Yahya related to me from Malik from Abu'l-Aswad Muhammad
ibn 'Abd ar-Rahman, from 'Urwa ibn az-Zubayr, that 'A'isha, the wife of the
Prophet, may Allah bless him and grant him peace, said, "We set out with the
Messenger of Allah, may Allah bless him and grant him peace, in the year of the
Farewell Hajj, and some of us went into ihram to perform 'umra,
some of us went into ihram to perform hajj and 'umra, and some of
us went into ihram to perform hajj on its own. The Messenger of Allah,
may Allah bless him and grant him peace, went into ihram to perform hajj
on its own. Those who had gone into ihram to perform 'umra came out of ihram
(after doing 'umra). Those who had gone into ihram to perform hajj
on its own (Hajj al-Ifrad), or to perform both hajj and 'umra
(Hajj al-Qiran), did not come out of ihram until the Day of the
Sacrifice."

[cf Bukhari 1487]

37 Yahya related to me from Malik, from 'Abd ar-Rahman ibn al-Qasim, from his
father, from 'A'isha, Umm al-Muminin, that the Messenger of Allah, may Allah
bless him and grant him peace, did Hajj al-Ifrad.

[In Muslim]

38 Yahya related to me from Malik, from Abu'l-Aswad Muhammad ibn 'Abd
ar-Rahman, from 'Urwa ibn az-Zubayr, from 'A'isha, Umm al-Muminin, that the
Meessenger of Allah, may Allah bless him and grant him peace, did Hajj
al-Ifrad.

39 Yahya related to me from Malik that he had heard the people of knowledge
say, "If someone goes into ihram to perform Hajj al-Ifrad, he
cannot then go into ihram to perform 'umra."

Malik said, "This is what I have found the people of knowledge in our city
doing."

 

20.12 Doing Hajj and 'Umra Together (Hajj al-Qiran)

40 Yahya related to me from Malik, from Ja'far ibn Muhammad, from his father,
that al-Miqdad ibn al-Aswad once went to see 'Ali ibn Abi Talib at as-Suqya,
where he was feeding some young camels of his with a mash of meal and leaves,
and he said to him, "This man 'Uthman ibn 'Affan is telling people that they
cannot do Hajj al-Qiran."

Al-Miqdad said, "'Ali ibn Abi Talib went off with bits of meal and leaves on
his forearms - and I shall never forget the sight of the meal and the leaves on
his arms - and went to see 'Uthman ibn 'Affan and asked him, 'Are you saying
then that people cannot do Hajj al-Qiran?' 'Uthman replied, 'That is my
opinion.' Whereupon 'Ali got angry and went out saying, 'I am at your service, O
Allah, I am at your service for Hajj al-Qiran.' "

Malik said, "Our position (here in Madina) is that someone who does Hajj
al-Qiran should not remove any of his hair, nor should he come out of ihram
in any way until he has sacrificed an animal, if he has one. He should come out
of ihram at Mina, on the Day of Sacrifice."

41 Yahya related to me from Malik from Muhammad ibn 'Abd ar-Rahman, from
Sulayman ibn Yasar, that when the Messenger of Allah, may Allah bless him and
grant him peace, set out for hajj in the year of the Farewell Hajj, some of his
companions went into ihram to do Hajj al-Mufrad, some of them
combined hajj and 'umra, and some went into ihram to do 'umra
on its own. Those who had gone into ihram to do hajj, or hajj and
'umra together, did not come out of ihram, whilst those who had gone into
ihram to do 'umra (on its own) came out of ihram.

42 Yahya related to me from Malik that he had heard some of
the people of knowledge say, "If someone goes into ihram to do 'umra and
then wants to go into ihram to do hajj as well, he can do so, as long as
he has not done tawaf of the House and sa'y between Safa and
Marwa. This is what 'Abdullah ibn 'Umar did when he said, 'If I am blocked from
the House we shall do what we did when we were with the Messenger of Allah, may
Allah bless him and grant him peace.' He then turned to his companions and said,
'It is the same either way. I call you to witness that I have decided in favour
of hajj and 'umra together.' "

[cf Bukhari  1712]

Malik said, "The companions of the Messenger of Allah, may Allah bless him
and grant him peace, went into ihram to do 'umra in the year of
the Farewell Hajj, and the Messenger of Allah, may Allah bless him and grant him
peace, said to them, 'Anyone that has a sacrificial animal with him should go
into ihram to perform hajj and 'umra together, and he should not
come out of ihram until he has finished both.' "

 

20.13 When to Stop the Talbiya

43 Yahya related to me from Malik that Muhammad ibn Abi Bakr
ath-Thaqafi once asked Anas ibn Malik, while the two of them were going from
Mina to 'Arafa, "What did you use to do on this day when you were with the
Messenger of Allah, may Allah bless him and grant him peace?" He said, "Those of
us who were saying the talbiya would continue doing so, and no one
disapproved of it, and those of us who were saying 'Allahu akbar' would
continue doing so, and no one disapproved of that either."

[cf Bukhari  1576]

44 Yahya related to me from Malik, from Ja'far ibn Muhammad, from his father,
that 'Ali ibn Abi Talib used to say the talbiya while on hajj until after
noon on the day of 'Arafa, when he would stop doing so.

Yahya said that Malik said, "This is what the people of knowledge in our city
are still doing."

45 Yahya related to me from Malik, from 'Abd ar-Rahman ibn al-Qasim, from his
father, that 'A'isha, the wife of the Prophet, may Allah bless him and grant him
peace, would stop saying the talbiya when she arrived at the place of
standing (i.e. 'Arafa).

46 Yahya related to me from Malik, from Nafi', that when 'Abdullah ibn 'Umar
was doing hajj he would keep saying the talbiya until he reached the
Haram and did tawaf of the House and sa'y between Safa and Marwa.
He would then say the talbiya until he left Mina to go to 'Arafa, at
which point he would stop doing so. If he was doing 'umra he would stop saying
the talbiya on entering the Haram.

[cf Bukhari  1498]

47 Yahya related to me from Malik that Ibn Shihab used to say, "'Abdullah ibn
'Umar would never say the talbiya while he was doing tawaf of the
House."

48 Yahya related to me from Malik from 'Alqama ibn Abi 'Alqama from his
mother that 'A'isha, Umm al-Muminin, used to camp on the plain of 'Arafa at a
place called Namira, and then later she changed to another place called al-Arak.
She said, "'A'isha, and those who were with her, would say the talbiya
while she was at the place where they were camping, and then, when she had
mounted and set out towards the place of standing, she would stop doing so."

She continued, "'A'isha used to do 'umra when she was in Makka after the
Hajj was over, in the month of Dhu'l-Hijja. Then she stopped doing that, and
instead would set out before the new moon of Muharram for al-Juhfa, where she
would stay until she saw the new moon, and then, when she had seen the new moon,
she would go into ihram to perform 'umra."

49 Yahya related to me from Malik from Yahya ibn Sa'id that 'Umar ibn 'Abd
al-'Aziz was once going from Mina (to 'Arafa) on the Day of 'Arafa and heard the
takbir being said loudly, so he sent the guard to shout out to the
people, "O people, you should be saying the talbiya."

 

20.14 How the people of Makka, and those besides them living there, go
into ihram

50 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim from his
father that 'Umar ibn al-Khattab said, "People of Makka, why is it that people
arrive dishevelled while you still have oil on your hair? Go into ihram
when you see the new moon."

51 Yahya related to me from Malik from Hisham ibn 'Urwa that 'Abdullah ibn
az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj
at the beginning of Dhu'l-Hijja, and 'Urwa ibn az-Zubayr, who was with him,
would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living
there besides them should go into ihram for hajj if they are in
Makka, and anyone that is living in the centre of Makka and is not one of the
people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in
Makka should delay tawaf of the House and the sa'y between Safa
and Marwa until he has come back from Mina, which is what 'Abdullah ibn 'Umar
used to do."

Malik was asked what the people of Madina, or anybody else, should do about
tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja,
and he said, "They should delay the obligatory tawaf, which is the one
they combine with the sa'y between Safa and Marwa, but they can do
whatever other tawaf they want to, and they should pray two rak'ats
every time they complete seven circuits, which is what the companions of the
Messenger of Allah, may Allah bless him and grant him peace, did when they had
gone into ihram to do hajj. They delayed the tawaf of the
House and the sa'y between Safa and Marwa until they had come back from
Mina. 'Abdullah ibn 'Umar also did this, going into ihram for hajj in
Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of the
House and the sa'y between Safa and Marwa until he had come back from
Mina."

Malik was asked whether one of the people of Makka could go into ihram
to do 'umra in the centre of Makka, and he said, "No. He should go
outside the Haram and go into ihram there."

 

20.15 Situations when Ihram is not Obligatory for Garlanding
Sacrificial Animals

52 Yahya related to me from Malik from 'Abdullah ibn Abi
Bakr ibn Muhammad that 'Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi
Sufyan once wrote to 'A'isha, the wife of the Prophet, may Allah bless him and
grant him peace, saying "'Abdullah ibn 'Abbas said that whatever was haram for
someone doing hajj was also haram for someone who sent a sacrificial
animal until the animal was sacrificed. I have sent one, so write and tell me
what you say about this, or tell the man in charge of the animal what to do."

'Amra said that 'A'isha said, "It is not as Ibn 'Abbas has said. I once
plaited the garlands for the sacrificial animal of the Messenger of Allah, may
Allah bless him and grant him peace, with my own two hands. Then after that the
Messenger of Allah, may Allah bless him and grant him peace, himself put the
garlands on the animal and then sent it with my father. And there was nothing
that Allah had made halal for the Messenger of Allah, may Allah bless him and
grant him peace, that was haram for him until such time as the animal had
been sacrificed."

[cf Bukhari  1613]

53 Yahya related to me from Malik that Yahya ibn Sa'id said, "I asked 'Amra
bint 'Abd ar-Rahman if there was anything that was haram for someone who sent a
sacrificial animal (to Makka) but did not go there himself, and she told me that
she had heard 'A'isha say, 'It is only someone who goes into ihram for
hajj and begins saying the talbiya for whom things are haram.' "

54 Yahya related to me from Malik from Yahya ibn Sa'id from Muhammad ibn
Ibrahim ibn al-Harith at-Taymi that Rabi'a ibn 'Abdullah ibn al-Hudayr once saw
a man in a state of ihram in Iraq. So he asked people about him and they
said, "He has given directions for his sacrificial animal to be garlanded, and
it is for that reason that he has put on ihram." Rabi'a said, "I then met
'Abdullah ibn az-Zubayr and so I mentioned this to him and he said, 'By the Lord
of the Ka'ba, an innovation.' "

Malik was asked about someone who set out with his own sacrificial animal and
marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram
until he had reached al-Juhfa, and he said, "I do not like that, and whoever
does so has not acted properly. He should only garland his sacrificial animal,
or mark it, when he goes into ihram, unless it is someone who does not
intend to do hajj, in which case he sends it off and stays with his
family."

Malik was asked if someone who was not in ihram could set out with a
sacrifical animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what
became haram for someone who garlanded a sacrificial animal but did not
intend to do either hajj or 'umra, and he said, "What we go by as far as
this is concerned is what 'A'isha, Umm al-Muminin, said, 'The Messenger of
Allah, may Allah bless him and grant him peace, sent his sacrificial animal off
and did not go there himself, and there was nothing that Allah had made halal
for him that was haram for him until the animal had been sacrificed.'"

 

20.16 Menstruating Women on Hajj

55 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
say, "A menstruating woman who wants to go into ihram to perform either
hajj or 'umra can do so if she so wishes, but she cannot do tawaf
of the House nor the sa'y between Safa and Marwa. She can participate in
all the rituals along with everybody else, except that she cannot do tawaf
of the House, nor the sa'y between Safa and Marwa, nor can she come near
the mosque until she is pure."

 

20.17 'Umra in the Months of Hajj

56 Yahya related to me from Malik that he had heard that the Messenger of
Allah, may Allah bless him and grant him peace, performed 'umra three
times: in the year of Hudaybiyya, in the year of al-Qadiyya (the Fulfilled
'Umra), and in the year of al-Ji'rrana.*

* The first 'umra was in the year of the Treaty of Hudaybiyya, the second in
the year after the Truce, and the third on his return from Ta'if at Ji'rrana.

57 Yahya related to me from Malik from Hisham ibn 'Urwa from his father, that
the Messenger of Allah, may Allah bless him and grant him peace, only performed
three 'umras, one of them in Shawwal, and two in Dhu'l-Qa'da.

58 Yahya related to me from Malik from 'Abd ar-Rahman ibn
Harmala al-Aslami that somebody asked Sa'id ibn al-Musayyab, "Can I do 'umra
before I do hajj?", and Sa'id said, "Yes, the Messenger of Allah, may Allah
bless him and grant him peace, did 'umra before doing hajj."

[cf. Bukhari 1684]

59 Yahya related to me from Malik, from Ibn Shihab from Sa'id ibn al-Musayyab
that 'Umar ibn Abi Salama once ask 'Umar ibn al-Khattab for permission to do
'umra in Shawwal. He gave him permission, so he did 'umra and then went back
to his family, and he did not do hajj.

 

20.18 When to Stop Saying the Talbiya for 'Umra

60 Yahya related to me from Malik from Hisham ibn 'Urwa that this father
would stop saying the talbiya when he entered the Haram if he was
performing 'umra.

Malik said that someone who went into ihram at at-Tan'im should stop
saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people of Madina, or
elsewhere, who had begun doing 'umra at one of the miqats, should stop
saying the talbiya, and he said, "Someone who goes into ihram at
one of the miqats should stop saying the talbiya when he arrives
at the Haram."

Malik added, "I have heard that 'Abdullah ibn 'Umar used to do that."

 

20.19 Hajj at-Tamattu'

61 Yahya related to me from Malik from Ibn Shihab that
Muhammad ibn 'Abdullah ibn al-Harith ibn Nawfal ibn 'Abd al-Muttalib told him
that in the year when Mu'awiya ibn Abi Sufyan went on hajj he had heard Sa'd ibn
Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu' between 'umra
and hajj. Ad-Dahhak ibn Qays said, "Only someone who is ignorant of what Allah,
the Exalted and Glorified, says would do that." Whereupon Sa'd said, "How wrong
is what you have just said, son of my brother!" Ad-Dahhak said, "'Umar ibn
al-Khattab forbade that," and Sa'd said, "The Messenger of Allah, may Allah
bless him and grant him peace, did it, and we did it with him."

[cf Bukhari 1637]

62 Yahya related to me from Malik from Sadaqa ibn Yasar that 'Abdullah ibn
'Umar said, "By Allah, I would rather do 'umra before hajj and
sacrifice an animal than do 'umra after hajj in the month of
Dhu'l-Hijja."

63 Yahya related to me from Malik from 'Abdullah ibn Dinar that 'Abdullah ibn
'Umar used to say, "Anyone who does 'umra in the months of hajj,
that is, in Shawwal, Dhu'l-Qa'da, or in Dhu'l-Hijja before the hajj, and
then stays in Makka until the time for hajj, is doing tamattu' if
he then does hajj. He must sacrifice whatever animal it is easy for him
to obtain, and if he cannot find one then he must fast three days during hajj
and seven days when he returns."

Malik said, "This is only the case if he stays until the Hajj and does
hajj in that same year."

Malik said that if someone who was from Makka, but had stopped living there
and gone to live elsewhere, came back to do 'umra in the months of the Hajj and
then stayed in Makka to begin hajj there, he was doing tamattu',
and had to offer up a sacrificial animal, or fast if he could not find one. He
was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to
do 'umra in the months of hajj with the intention of staying on to begin
his hajj there was doing tamattu' or not, and he said, "Yes, he is
doing tamattu', and he is not the same as the people of Makka, even if he
has the intention of staying there. This is because he has entered Makka, and is
not one of its people, and making a sacrifice or fasting is incumbent on anyone
who is not from Makka, and, although he intends to stay, he does not know what
possibilities might arise later. He is not one of the people of Makka."

64 Yahya related to me from Malik that Yahya ibn Sa'id used to hear Sa'id ibn
al-Musayyab say, "Anyone that does 'umra in Shawwal, Dhu'l-Qa'da or Dhu'l-Hijja,
and then stays in Makka until it is time for the hajj, is doing
tamattu' if he then does hajj. He must sacrifice whatever animal it
is easy for him to obtain, and if he cannot find one then he must fast three
days during hajj and seven days when he returns."

 

20.20 Circumstances in which Tamattu' is not Obligatory

65 Malik said, "Someone who does 'umra in Shawwal, Dhu'l-Qa'da or
Dhu'l-Hijja and then goes back to his people, and then returns and does hajj
in that same year does not have to sacrifice an animal. Sacrificing an animal is
only incumbent on someone who does 'umra in the months of hajj, and then
stays in Makka and then does hajj. A person not from Makka who moves to Makka
and establishes his home there and does 'umra in the months of the Hajj
and then begins his hajj there is not doing tamattu'. He does not
have to sacrifice an animal nor does he have to fast. He is in the same position
as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town
or had been on a journey and then returned to Makka with the intention of
staying there, regardless of whether he had a family there or not, and entered
it to do 'umra in the months of the Hajj, and then began his hajj
there, beginning his 'umra at the miqat of the Prophet, may Allah
bless him and grant him peace, or at a place nearer than that, was doing
tamattu' or not? Malik answered, "He does not have to sacrifice an animal or
fast as someone who is doing tamattu' has to do. This is because Allah,
the Blessed and Exalted, says in His Book, 'That is for someone whose family are
not present at the Masjid al-Haram.' "

 

20.21 About 'Umra in General

66 Yahya related to me from Malik from Sumayy, the mawla of
Abu Bakr ibn 'Abd ar-Rahman, from Abu Salih as-Samman from Abu Hurayra that the
Messenger of Allah, may Allah bless him and grant him peace, said, "'Umra
is an expiation for what is between it and the next 'umra, and the only
reward for an accepted hajj is the Garden."

[cf Bukhari 1683]

67 Yahya related to me from Malik that Sumayy, the mawla of Abu Bakr ibn 'Abd
ar-Rahman, heard Abu Bakr ibn 'Abd ar-Rahman say, "A woman came to the Messenger
of Allah, may Allah bless him and grant him peace, and said, 'I had arranged to
do hajj, but I was prevented,' and the Messenger of Allah, may Allah bless him
and grant him peace, said, 'Do 'umra in Ramadan, for doing 'umra
in it is like doing hajj.' "

[In Abu Dawud, at-Tirmidhi, an-Nasa'i and Ibn Majah]

68 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
'Umar ibn al-Khattab said, "Keep your hajj separate from your 'umra -
that way your hajj will be more complete. And your 'umra will be more
complete if you do it outside of the months of the hajj."

69 Yahya related to me from Malik that he had heard that 'Uthman ibn 'Affan
would sometimes never get down from the animal he was riding on when he was
doing 'umra, until he had returned.

Malik said, "'Umra is a sunna, and we do not know of any Muslim who has ever
said that it is permissible not to do it."

Malik said, "I do not think that anyone can do more than one 'umra in
any one year."

Malik said that someone doing 'umra who had sexual intercourse with
his wife had to sacrifice an animal and do a second 'umra, which he had to begin
when he had finished the one that he had spoiled and that he should go into
ihram at the same place where he went into ihram for the 'umra
which he had spoiled, except if he had entered into ihram at a place
further away than his miqat. This was because he only had to go into
ihram from his miqat.

Malik said, "Someone who enters Makka to do 'umra, and does tawaf of
the House and sa'y between Safa and Marwa while he is in janaba, or not
in wudu', and afterwards has intercourse with his wife, and then remembers,
should do ghusl or wudu', and then go back and do tawaf
around the House and sa'y between Safa and Marwa and do another 'umra and
sacrifice an animal. A woman should do the same if her husband has intercourse
with her while she is in ihram."

Malik said, "As for beginning 'umra at at-Tan'im, (it is not the only
alternative). It is permissible if Allah wills for some one to leave the Haram
and go into ihram if he wishes, but the best way is for him to go into
ihram at the miqat which the Messenger of Allah, may Allah bless him
and grant him peace, used (i.e. at-Tan'im) or one which is further away."

 

20.22 Marriage while in Ihram

70 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman from
Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant
him peace, sent Abu Rafi' and a man of the Ansar to arrange his marriage to
Maymuna bint al-Harith, and the Messenger of Allah, may Allah bless him and
grant him peace, was in Madina before he had left for 'umra.

71 Yahya related to me from Malik from Nafi', from Nubayh ibn Wahb, who was
from the tribe of Banu 'Abd ad-Dar, that 'Umar ibn 'Ubaydullah sent a message to
Aban ibn 'Uthman (who was amir of the Hajj at the time), while both of them were
in ihram, saying "I want to give the daughter of Shayba ibn Jubayr in
marriage to Talha ibn 'Umar and I want you to be present." Aban told him that he
should not do that and said, "I heard 'Uthman ibn 'Affan say that the Messenger
of Allah, may Allah bless him and grant him peace, said, 'A man in ihram
should not marry, or give in marriage, or get betrothed.' "

[In Muslim]

72 Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan
ibn Tarif al-Murri told him that his father Tarif had married a woman while he
was in ihram, and 'Umar ibn al-Khattab had rescinded the marriage.

73 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
say, "Someone in ihram may neither get married, nor arrange a marriage
for himself or others."

74 Yahya related to me from Malik that he had heard that Sa'id ibn
al-Musayyab, Salim ibn 'Abdullah and Sulayman ibn Yasar were asked about whether
someone in ihram could get married, and they said, "Someone in ihram
may neither get married nor give someone in marriage."

Malik said that a man who was in ihram could take his wife back, if he
wanted to, if she was still in her 'idda after she had been divorced from
him.

 

20.23 Cupping while in Ihram

75 Yahya related to me from Malik from Yahya ibn Sa'id from
Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant
him peace, was once cupped on the top of his head while he was in ihram
at Lahya Jamal, which is a place on the road to Makka.

[cf Bukhari 1739]

76 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
say, "Someone in ihram should not be cupped except when there is no other
alternative."

Malik said, "Someone who is in ihram should not be cupped
except when it is absolutely necessary."

 

20.24 Game that can be Eaten by Someone who is in Ihram

 

77 Yahya related to me from Malik from Abu'n-Nadr, the mawla
of 'Umar ibn 'Ubaydullah at-Taymi from Nafi', the mawla of Abu Qatada al-Ansari,
that Abu Qatada was once with the Messenger of Allah, may Allah bless him and
grant him peace. When they got to one of the roads to Makka he fell behind with
some companions of his who were in ihram, while he was not. Then he saw a
wild ass, so he got on his mount and asked his companions to give him his whip
but they refused. Then he asked them for his spear and they refused to give it
to him. So he took hold of it and attacked the ass and killed it. Some of the
companions of the Messenger of Allah, may Allah bless him and grant him peace,
ate from it, and others refused. When they had caught up with the Messenger of
Allah, may Allah bless him and grant him peace, they asked him about it and he
said, "It is food that Allah has fed you with."

[cf Bukhari 2757]

78 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
az-Zubayr ibn al-'Awwam used to take dried gazelle meat (safif adh-dhiba)
as provisions while he was in ihram.

Malik explained, "Safif are dried strips of meat."

79 Yahya related to me from Malik from Zayd ibn Aslam that 'Ata' ibn Yasar
had told him from Abu Qatada the same hadith about the wild ass as that
of Abu'n-Nadr, except that in the hadith of Zayd ibn Aslam the Messenger
of Allah, may Allah bless him and grant him peace, said, "Do you still have any
of its meat?"

[In Bukhari]

80 Yahya related to me from Malik that Yahya ibn Sa'id al-Ansari said that
Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from 'Isa ibn Talha ibn
'Ubaydullah, from 'Umayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger
of Allah, may Allah bless him and grant him peace, set out once for Makka while
in ihram. When they had reached ar-Rawha, they unexpectedly came upon a
wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah
bless him and grant him peace, and he said, "Leave it. The man to whom it
belongs is about to come." Then al-Bahzi, the man himself, came to the Prophet,
may Allah bless him and grant him peace, and said, 'Messenger of Allah, do
whatever you want with this ass,' and the Messenger of Allah, may Allah bless
him and grant him peace, told Abu Bakr to divide it up among the company. Then
they went on until they came to the well of al-Uthaba, which was between
ar-Ruwaytha and al-'Arj (between Makka and Madina), where they unexpectedly came
upon a gazelle with an arrow in it, lying on its side in some shade. He claimed
that the Messenger of Allah, may Allah bless him and grant him peace, told
someone to stand by it to make sure no one disturbed it until everyone had
passed by.

[In an-Nasa'i]

81 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id
ibn al-Musayyab relating from Abu Hurayra that he was once coming back from
Bahrain, and, when he reached ar-Rabadha, he found a caravan of people from Iraq
in ihram, who asked him whether they could eat the meat of some game
which they had found with the people of ar-Rabadha, and he told them they could
eat it. He said, "Afterwards I had doubts about what I had told them to do, so
when I got back to Madina I mentioned the matter to 'Umar ibn al-Khattab and he
said, 'What did you tell them to do?' I said, 'I told them to eat it.' 'Umar ibn
al-Khattab said, threatening me, 'If you had told them to do anything else I
would have done something to you.' "

82 Yahya related to me from Malik from Ibn Shihab that Salim ibn 'Abdullah
heard Abu Hurayra relating to 'Abdullah ibn 'Umar how a group of three people in
ihram had passed him at ar-Rabadha and had asked him for a fatwa
about eating game which people who were not in ihram were eating, and he
told them that they could eat it. He said, "Then I went to 'Umar ibn al-Khattab
in Madina and asked him about it, and he said, 'What did you say to them?' and I
said, 'I told them that they could eat it.' 'Umar said, 'If you had told them
anything else I would have done you an injury.' "

83 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar
that Ka'b al-Ahbar was once coming back from Syria with a group of riders, and
at a certain point along the road they found some game-meat and Ka'b said they
could eat it. When they got back to Madina they went to 'Umar ibn al-Khattab and
told him about that, and he said, "Who told you you could do that?", and they
said, "Ka'b." He said, "He was indeed the one I made amir over you until you
should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by
and Ka'b told them to catch them and eat them. When they got back to 'Umar ibn
al-Khattab they told him about this, and he said (to Ka'b), "What made you tell
them they could do that?" Ka'b said, "It is game of the sea." He said, "How do
you know?", and Ka'b said, "Amir al-Muminin, by the One in whose hand my self
is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether someone in ihram could buy game that he had
found on the way. He replied, "Game that is only hunted to be offered to people
performing hajj I disapprove of and forbid, but there is no harm in game
that a man has which he does not intend for those in ihram, but which a
someone in ihram comes across and buys."

Malik said, about someone who had some game with him that he had hunted or
bought at the time when he had entered into ihram, that he did not have
to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for someone in ihram to fish in
the sea or in rivers and lakes, etc.

 

20.25 Game that is not Halal to Eat in Ihram

84 Yahya related to me from Malik from Ibn Shihab from
'Ubaydullah ibn 'Abdullah ibn 'Utba ibn Mas'ud from 'Abdullah ibn 'Abbas that
as-Sa'b ibn Jaththama al-Laythi once gave a wild ass to the Messenger of Allah,
may Allah bless him and grant him peace, while he was at al-Abwa or Waddan, and
the Messenger of Allah, may Allah bless him and grant him peace, gave it back to
him. However, when the Messenger of Allah, may Allah bless him and grant him
peace, saw the expression on the man's face he said, "We only gave it back to
you because we are in ihram."

[cf Bukhari 1729]

85 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr that 'Abd
ar-Rahman ibn 'Amir ibn Rabi'a said, "I once saw 'Uthman ibn 'Affan in ihram
on a hot summer's day at al-'Arj, and he had covered his face with a red woollen
cloth. Some game-meat was brought to him and he told his companions to eat. They
asked, 'Will you not eat then?', and he replied, 'I am not in the same position
as you. It was hunted for my sake.' "

86 Yahya related to me from Malik from Hisham ibn 'Urwa, from his father that
'A'isha, Umm al-Muminin, said to him, "Son of my sister, it is only for ten
nights, so if you get an urge for it, leave it," by which she meant eating
game-meat.

Malik said that if game was hunted for the sake of a man who was in ihram
and it was prepared for him and he ate some of it knowing that it had been
hunted for his sake, then he had to pay a forfeit for all of the game that had
been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he
was in ihram should hunt game and then eat that rather than the carrion,
and he said, "It is better for him to eat the carrion, because Allah, the
Blessed and Exalted, has not give permission for someone in ihram to
either eat game or take it in any situation, but He has made allowances for
eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or
not, to eat game which has been killed or sacrificed by someone in ihram,
because, whether it was killed deliberately or by mistake, it was not done in a
halal manner, and so eating it is not halal. I have heard this
from more than one person. Somebody who kills game and then eats it only has to
make a single kaffara, which is the same as for somebody who kills game
but does not eat any of it."

 

20.26 Hunting in the Haram

87 Malik said, "It is not halal to eat any game that has been hunted in the
Haram, or has had a dog set after it in the Haram and then been killed outside
the Haram. Anyone who does that has to pay a forfeit for what has been hunted.
However, someone that sets his dog after game outside the Haram and then follows
it until it is hunted down in the Haram does not have to pay any forfeit, unless
he set the dog after the game near to the Haram. The game, however, should not
be eaten. If he set the dog loose near the Haram then he has to pay a forfeit
for the game."

 

20.27 Assessing the Forfeit for Hunting Game Animals

88 Malik said, "Allah, the Blessed and Exalted, says, 'O you who believe,
do not kill game while you are in ihram. If one of you kills any deliberately,
the reprisal for it is a livestock animal equivalent to what he killed, as
judged by two just men among you, a sacrifice to reach the Ka'ba, or expiation
by feeding the poor, or fasting commensurate to that, so that he may taste the
evil consequences of what he did.'" (5:95).

Malik said, "Someone who hunts game when he is not in ihram and then
kills it while he is in ihram is in the same position as someone who buys
game while he is in ihram and then kills it. Allah has forbidden killing
it, and so a man who does so has to pay a forfeit for it. The position that we
go by in this matter is that a forfeit is assessed for anyone who kills game
while he is in ihram."

Yahya said that Malik said, "The best that I have heard about someone who
kills game and is assessed for it is that the game which he has killed is
assessed and its value in food is estimated and with that food he feeds each
poor man a mudd, or fasts a day in place of each mudd. The number
of poor men is considered, and if it is ten then he fasts ten days, and if it is
twenty he fasts twenty days, according to how many people there are to be fed,
even if there are more than sixty."

Malik said, "I have heard that a forfeit is assessed for someone who kills
game in the Haram while he is not in ihram in the same way that it is
assessed for someone who kills game in the Haram while he is in ihram."

 

20.28 Animals that Someone in Ihram can Kill

89 Yahya related to me from Malik from Nafi' from 'Abdullah
ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace,
said, "There are five kinds of animal which it is not wrong for someone in
ihram to kill: crows, kites, scorpions, rats and mice, and wild dogs."

[cf Bukhari 1730]

90 Yahya related to me from Malik from 'Abdullah ibn Dinar from 'Abdullah ibn
'Umar that the Messenger of Allah, may Allah bless him and grant him peace,
said, "There are five (kinds of) animal which it is not wrong for someone in
ihram to kill: scorpions, rats and mice, crows, kites and wild dogs."

91 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
the Messenger of Allah, may Allah bless him and grant him peace, said, "There
are five kinds of vicious animals that can be killed in the Haram: rats and
mice, scorpions, crows, kites and wild dogs."

[In Muslim]

92 Yahya related to me from Malik from Ibn Shihab that 'Umar ibn al-Khattab
told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the
Haram, that any animals that wounded, attacked or terrorised men, such as lions,
leopards, cheetahs and wolves, were counted as "wild dogs." However, someone who
was in ihram should not kill beasts of prey that did not attack (people),
such as hyenas, foxes, cats and anything else like them, and if he did then he
had to pay a forfeit for it. Similarly, someone in ihram should not kill
any predatory birds except the kinds that the Prophet, may Allah bless him and
grant him peace, specified, namely crows and kites. If someone in ihram
killed any other kind of bird he had to pay a forfeit for it.

 

20.29 Things that Someone in Ihram is Allowed to Do

93 Yahya related to me from Yahya ibn Sa'id from Muhammad ibn Ibrahim ibn
al-Harith at-Taymi from Rabi'a ibn Abi 'Abdullah ibn al-Hudayr that he saw 'Umar
ibn al-Khattab taking the ticks off a camel of his at as-Suqya while he was in
ihram.

Malik said that he disapproved of that.

94 Yahya related to me from Malik from 'Alqama ibn Abi 'Alqama that his
mother said, "I heard 'A'isha, the wife of the Prophet, may Allah bless him and
grant him peace, being asked whether someone in ihram could scratch their
body or not, and she said, 'Yes, he can scratch it and do so as hard as he
pleases. I would scratch even if my hands were tied and I could only use my
feet.' "

95 Yahya related to me from Malik from Ayyub ibn Musa that 'Abdullah ibn
'Umar once looked in the mirror for something that was irritating him while he
was in ihram.

96 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar did not
like people who were in ihram removing mites or ticks from their camels.

Malik said, "This is what I like most out of what I have heard about the
matter."

97 Yahya related to me from Malik that Muhammad ibn 'Abdullah ibn Abi Maryam
once asked Sa'id ibn al-Musayyab about (what to do with) one of his nails that
had broken while he was in ihram and Sa'id said, "Cut if off."

Malik was asked whether someone in ihram who had an ear-complaint could use
medicinal oil which was not perfumed for dropping into his ears, and he said, "I
do not see any harm in that, and even if he were to put it into his mouth I
still would not see any harm in it."

Malik said that there was no harm in someone in ihram lancing an
abscess that he had, or a boil, or cutting a vein, if he needed to do so.

 

20.30 Doing the Hajj for Somebody Else

98 Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar
that 'Abdullah ibn 'Abbas said, "Al-Fadl ibn 'Abbas wa Yahya related to me from
Malik from Ibn Shihab from Sulayman ibn Yasar that 'Abdullah ibn 'Abbas said,
"Al-Fadl ibn 'Abbas was riding behind the Messenger of Allah, may Allah bless
him and grant him peace, when a woman from the Khath'ama tribe came to him to
ask him for a fatwa. Al-Fadl began to look at her, and she at him, and
the Messenger of Allah, may Allah bless him and grant him peace, turned Fadl's
face away to the other side. The woman said, 'Messenger of Allah, Allah's making
the hajj obligatory finds my father a very old man, unable to stay firm on his
riding-beast. Can I do hajj on his behalf?', and he said, 'Yes.' This was during
the Farewell Hajj."

[cf Bukhari 1442]

 

20.31 Someone whose Path (to the House) is Blocked by an Enemy

99 Yahya related to me that Malik said, "Someone whose passage to the House
is blocked by an enemy is freed from every restriction of ihram, and
should sacrifice his animal and shave his head wherever he has been detained,
and there is nothing for him to make up afterwards."

Yahya related to me from Malik that he had heard that when the Messenger of
Allah, may Allah bless him and grant him peace, and his companions came out of
ihram at al-Hudaybiya they sacrificed their sacrificial animals and
shaved their heads, and were freed from all the restrictions of ihram
without having done tawaf of the House and without their sacrificial
animals reaching the Ka'ba.

There is nothing known about the Messenger of Allah, may Allah bless him and
grant him peace, ever telling any of his companions or anybody else that was
with him, to make up for anything they had missed or to go back to do anything
they had not finished doing.

100 Yahya related to me from Malik from Nafi' that when
'Abdullah ibn 'Umar set out for Makka during the troubles (between al-Hajjaj ibn
Yusuf and Zubayr ibn al-'Awwam) he said, "If I am blocked from going to the
House we shall do what we did when we were with the Messenger of Allah, may
Allah bless him and grant him peace," and he went into ihram for 'umra,
because that was what the Messenger of Allah, may Allah bless him and grant him
peace, did in the year of al-Hudaybiyya. But afterwards, he reconsidered his
position and said, "It is the same either way." After that he turned to his
companions and said, "It is the same either way. I call you to witness that I
have decided in favour of hajj and 'umra together." He then got through to the
House (without being stopped) and did one tawaf, which he considered to
be enough for himself, and sacrificed an animal.

[cf Bukhari 3949]

Malik said, "This is what we go by if someone is hindered by an enemy, as the
Prophet, may Allah bless him and grant him peace, and his companions were. If
someone is hindered by anything other than an enemy, he is only freed from
ihram by tawaf of the House."

 

20.32 Someone who is Prevented (from going to the House) by Something
Other than an Enemy

101 Yahya related to me from Malik from Ibn Shihab from Salim ibn 'Abdullah
that 'Abdullah ibn 'Umar said, "Someone who is held back from going to the House
by illness can only come out of ihram after he has done tawaf of
the House and sa'y between Safa and Marwa. If it is absolutely necessary
for him to wear any ordinary clothes or undergo medical treatment, he should do
that and pay compensation for it."

102 Yahya related to me from Malik from Yahya ibn Sa'id that he had heard
that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace,
used to say, "Only the House frees a person in ihram from ihram."

103 Yahya related to me from Malik from Ayyub ibn Abi Tamima as-Sakhtayani
that a very old man from Basra once said to him, "I set out for Makka but on the
way there I broke my thigh, so I sent a message on to Makka. 'Abdullah ibn
'Abbas and 'Abdullah ibn 'Umar and the people were there, but no one allowed me
to leave ihram, and I stayed there for seven months until I left ihram
by doing an 'umra."

104 Yahya related to me from Malik from Ibn Shihab from Salim ibn 'Abdullah
that 'Abdullah ibn 'Umar said, "Someone who is detained by sickness before he
has got to the House cannot leave ihram until he has done tawaf of
the House and sa'y between Safa and Marwa."

Yahya related to me from Malik from Yahya ibn Sa'id from Sulayman ibn Yasar
that Sa'id ibn Huzaba al-Makhzumi was thrown off his mount while he was in
ihram on the road to Makka. He asked after the person in charge of the relay
station where he was injured and he found 'Abdullah ibn 'Umar, 'Abdullah ibn
az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him
and all of them said that he should take whatever medicine he had to take and
pay compensation for it. Then, when he got better again, he should do 'umra
and come out of his ihram, after which he had to do hajj the
next year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by
something other than an enemy. And when Abu Ayyub al-Ansari and Habbar ibn
al-Aswad arrived on the Day of Sacrifice, having missed the Hajj, 'Umar ibn
al-Khattab told them to come out of ihram by doing 'umra and then
to go home free of ihram and do hajj sometime in the future and to
sacrifice an animal, or, if they could not find one, to fast three days during
the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone
into ihram, whether by illness or otherwise, or by an error in
calculating the month or because the new moon is concealed from him is in the
same position as someone who is hindered from doing the hajj and must do the
same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who
went into ihram for hajj and then broke a bone or had severe
stomach pain, or of a woman who gives birth, and he said, "Someone to whom this
happens is in the same situation as one who is hindered from doing hajj,
and he must do the same as people from outlying regions do when they are
hindered from doing hajj."

Malik said about someone who arrived in the months of the hajj with
the intention of doing 'umra, and completed his 'umra and went
into ihram in Makka to do hajj, and then broke a bone or something else
happened to him which stopped him from being present at 'Arafa with everybody
else, "I think that he should stay where he is until he is better and then go
outside the area of the Haram, and then return to Makka and do tawaf of
the House and sa'y between Safa and Marwa, and then leave ihram.
He must then do hajj again the next year and offer a sacrificial animal."

Malik said about someone who left ihram in Makka, and then did
tawaf of the House and sa'y between Safa and Marwa, and then fell ill
and was unable to be present with everybody at 'Arafa, "If the hajj
passes someone by he should, if he can, go out of the area of the Haram and then
come back in again to do 'umra and do tawaf of the House and
sa'y between Safa and Marwa, because he had not intended his initial
tawaf to be for an 'umra, and so for this reason he does it again. He
must do the next hajj and offer a sacrificial animal.

"If he is not one of the people of Makka, and something happens to him which
stops him from doing the hajj, but he does tawaf of the House and sa'y
between Safa and Marwa, he should come out of ihram by doing an 'umra and
then do tawaf of the House a second time, and sa'y between Safa
and Marwa, because his initial tawaf and sa'y were intended for
the hajj. He must do the next hajj and offer a sacrificial animal.

 

20.33 Building the Ka'ba

105 Yahya related to me from Malik from Ibn Shihab from
Salim ibn 'Abdullah that 'Abdullah ibn Muhammad ibn Abi Bakr as-Siddiq told
'Abdullah ibn 'Umar from 'A'isha, that the Prophet, may Allah bless him and
grant him peace, said, "Do you not see that when your people built the Ka'ba
they fell short of the foundations of Ibrahim?" 'A'isha said, "Messenger of
Allah, will you not restore it to the foundations of Ibrahim?" and the Messenger
of Allah, may Allah bless him and grant him peace, said, "If it were not that
your people have only recently left disbelief, I would have done so."

Salim ibn 'Abdullah added that 'Abdullah ibn 'Umar said, "If 'A'isha heard
this from the Messenger of Allah, may Allah bless him and grant him peace, then
I consider that the Messenger of Allah, may Allah bless him and grant him peace,
only refrained from greeting the two corners which are adjacent to the Hijr
because the House had not been completed on the foundations of Ibrahim." (i.e.
the corners he did not touch were not the original corners of the Ka'ba.)

[In Bukhari 4214]

106 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
'A'isha, Umm al-Muminin, said, "I do not mind whether I pray in the Hijr or in
the House." (i.e. praying in the Hijr is the same as praying in the House.)

107 Yahya related to me from Malik that he heard Ibn Shihab say that he had
heard one of the people of knowledge say that the Hijr was only enclosed so that
people would go beyond it when they were making tawaf, and their tawaf
would therefore encompass the original House.

 

20.34 Hastening (Raml) in the Tawaf

108 Yahya related to me from Malik from Ja'far ibn Muhammad from his father
that Jabir ibn 'Abdullah said, "I saw the Messenger of Allah, may Allah bless
him and grant him peace, hastening from the Black Stone until he reached it
again, three times."

[In Muslim]

Malik said, "This is what is still done by the people of knowledge in our
city (Madina)."

109 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to hasten from the Black Stone round to the Black Stone three times and then
would walk four circuits normally.

110 Yahya related to me from Malik from Hisham ibn 'Urwa that when his father
did tawaf of the House he would hasten in the first three circuits and
say in a low voice, "O Allah, there is no god but You, and You bring to life
after You have made to die."

Allahumma la ilaha illa anta, wa anta tuhyi ba'dama amatta.

111 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
he saw 'Abdullah ibn az-Zubayr go into ihram for 'umra at
at-Tan'im. He said, "Then I saw him hasten around the House for three circuits."

112 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar never
used to do tawaf of the House or sa'y between Safa and Marwa if he
went into ihram in Makka until he had returned from Mina, nor would he
hasten when doing tawaf of the House if he went into ihram in
Makka.

 

20.35 Saluting the Corners during Tawaf

113 Yahya related to me from Malik that he had heard that when the Messenger
of Allah, may Allah bless him and grant him peace, had finished his tawaf
of the House an prayed two rak'ats, and wanted to go to Safa and Marwa,
he would salute the corner of the Black Stone before he left.

[In Muslim]

114 Yahya related to me from Malik from Hisham ibn 'Urwa that his father said
that the Messenger of Allah, may Allah bless him and grant him peace, once said
to 'Abd ar-Rahman ibn 'Awf, "What do you do, Abu Muhammad, when saluting the
corner?" and 'Abd ar-Rahman said, "Sometimes I salute it, and sometimes I do
not." The Messenger of Allah, may Allah bless him and grant him peace, said,
"You are right."

[mursal]

115 Yahya related to me from Malik from Hisham ibn 'Urwa that his father used
to salute all the corners when he did tawaf of the House and did not omit
the Yamani corner unless prevented.

 

20.36 Kissing the Corner of the Black Stone when Saluting the Corners

116 Yahya related to me from Malik from Hisham ibn 'Urwa
from his father that 'Umar ibn al-Khattab said to the corner of the Black Stone
while he was doing tawaf of the House, "You are only a stone, and if I
had not seen the Messenger of Allah, may Allah bless him and grant him peace,
kiss you, I would not do so." Then he kissed it.

[cf Bukhari 1520]

Malik said, "I have heard some of the people of knowledge recommending
someone doing tawaf of the House to put his hand to his mouth when he
takes it from the Yamani corner."

 

20.37 The Two Rak'as of Tawaf

117 Yahya related to me from Malik from Hisham ibn 'Urwa that his father
would never do two sets of seven circuits together without praying between them.
After every seven circuits he would pray two rak'ats, sometimes at the Maqam of
Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to make it
easier on himself, join two or more sets of seven circuits and then pray
whatever he owed for those sets of seven, and he said, "He should not do that.
The sunna is that he does two rak'ats after every seven circuits."

Malik said about someone who began doing tawaf and then forgot how
many circuits he had done and did eight or nine, "He should stop when he knows
that he has done more than the right number and then pray two rak'ats, and he
should not count the ones that he has done in excess. Neither should he build on
the nine that he has done and then pray the rak'ats for the two sets of seven
circuits together, because the sunna is that you pray two rak'ats after
every seven circuits."

Malik said that someone who was in doubt about his tawaf after he had
prayed the two rak'ats of tawaf should go back and complete his
tawaf until he was certain of how much he had done. He should then repeat
the two rak'ats, because prayer when doing tawaf was only valid after
completing seven circuits.

"If someone breaks his wudu' either while he is doing tawaf, or
when he has finished tawaf but before he has prayed the two rak'ats of
tawaf, he should do wudu' and begin the tawaf and the two
rak'ats afresh. Breaking wudu' does not interrupt sa'y between
Safa and Marwa, but a person should not begin sa'y unless he is pure by
being in wudu.'"

 

20.38 Praying after Subh and 'Asr when doing Tawaf

118 Yahya related to me from Malik from Ibn Shihab from Humayd ibn 'Abd
ar-Rahman ibn 'Awf that 'Abd ar-Rahman ibn 'Abd al-Qari mentioned to him that he
once did tawaf of the House with 'Umar ibn al-Khattab after Subh
and when 'Umar had finished his tawaf he looked and saw that the sun had
not yet risen, so he rode on until he made his camel kneel at Dhu Tuwa, and he
prayed two rak'ats.

119 Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw
'Abdullah ibn 'Abbas doing tawaf after 'Asr. Then he went into his
room and I do not know what he did."

120 Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw
the House deserted both after Subh and 'Asr, with no one doing
tawaf."

Malik said, "If someone does some of his circuits and then the Subh or
'Asr prayer is begun, he should pray with the imam and then complete the
rest of his circuits but should not pray at all until the sun has either risen
or set."

He added, "There is no harm in delaying the two rak'ats until after he
has prayed Maghrib."

Malik said, "There is no harm in someone doing a single tawaf after
Subh or after 'Asr, but not more than that, and even then only as
long as he delays the two rak'ats until after the sun has risen, as 'Umar ibn
al-Khattab did, or until after the sun has set if it is after 'Asr. Then
when the sun has set he can pray them if he wants, or, if he wants, he can delay
them until after he has prayed Maghrib. There is no harm in that."

 

20.39 Taking Leave of the House

121 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
'Umar ibn al-Khattab said, "No one should leave the hajj until he has
done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about 'Umar ibn al-Khattab's saying '...tawaf
of the House is the final rite', "In our opinion, and Allah knows best, that is
because Allah, the Blessed and Exalted, says, 'As for those who honour
Allah's sacred rites, that comes from the fear of Allah within their hearts'
(22:32), and He says, 'Then their place of sacrifice is by the Ancient House.'
(22:33) Therefore the place of all the rituals and their ending should be at the
Ancient House."

122 Yahya related to me from Malik from Yahya ibn Sa'id that 'Umar ibn
al-Khattab refused to let one man who had not taken leave of the House pass
adh-Dhahran, (a valley eighteen miles from Makka) until he had taken leave of
it.

123 Yahya related to me from Malik from Hisham ibn 'Urwa that his father
said, "Allah has completed the hajj of anyone who does the Tawaf
al-Ifada. It is fitting that tawaf of the House be the last of his
affair, as long as nothing prevents him, and if something prevents him or an
obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his
affair is tawaf of the House until he has left owes anything unless he is
nearby and can return, do tawaf, and then leave having done the Tawaf
al-Ifada."

 

20.40 Tawaf in General

124 Yahya related to me from Malik from Abu'l-Aswad Muhammad ibn 'Abd
ar-Rahman ibn Nawfal from 'Urwa ibn az-Zubayr from Zaynab bint Abi Salama that
Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace,
said, "I once complained to the Messenger of Allah, may Allah bless him and
grant him peace, that I was ill and he said, 'Do tawaf riding behind the
people.' So I did tawaf riding my camel, while the Messenger of Allah,
may Allah bless him and grant him peace, was praying by the side of the House,
reciting Surat at-Tur (52)."

[cf Bukhari  452]

125 Yahya related to me from Malik from Abu'z-Zubayr al-Makki that Abu Ma'iz
al-Aslami 'Abdullah ibn Sufyan told him that once, when he was sitting with
'Abdullah ibn 'Umar, a woman came to ask him for an opinion. She said, "I set
out intending to do tawaf of the House, but then, when I got to the gate
of the Mosque, I started bleeding, so I went back until it had left me. Then I
set out again, and then, when I got to the gate of the Mosque, I started
bleeding, so I went back until it had left me. Then I set off again, and then,
when I got to the gate of the Mosque, I started bleeding." 'Abdullah ibn 'Umar
said, "That is only an impulse from Shaytan. Do ghusl, then bind your
private parts with a cloth and do tawaf."

126 Yahya related to me from Malik that he had heard that if Sa'd ibn Abi
Waqqas entered Makka late, he would go to 'Arafa before doing tawaf of
the House and sa'y between Safa and Marwa, and then do tawaf when
he got back.

Malik said, "The leeway is broad, if Allah wills."

Malik was asked whether somebody that was doing obligatory tawaf could
stop and talk with another man, and he said, "I do not like him to do that."

Malik said, "Only someone who is pure (by being in wudu') should do
tawaf of the House or sa'y between Safa and Marwa."

 

20.41 Starting with Safa in the Sa'y

127 Yahya related to me from Malik from Ja'far ibn Muhammad ibn 'Ali from his
father that Jabir ibn 'Abdullah said, "I heard the Messenger of Allah, may Allah
bless him and grant him peace, say as he left the Mosque, intending to go to
Safa, 'We begin with what Allah began,*' and he began with Safa."

* i.e. the Qur'an mentions Safa before Marwa.

[In Muslim]

128 Yahya related to me from Malik from Ja'far ibn Muhammad ibn 'Ali from his
father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him
and grant him peace, used to say, "Allah is greater" three times when he stopped
on Safa, and "There is no god but Allah, alone, without any partner. To Him
belong the Kingdom and praise, and He has power over everything" three times,
and make du'a'. He would then do the same on Marwa.

[In Muslim]

129 Yahya related to me from Malik from Nafi' that he heard 'Abdullah ibn
'Umar making du'a' on Safa saying, "O Allah, You have said, 'Call on Me -
I will answer you' and You do not break Your promise. So I am asking You, in the
same way that You have guided me to Islam, not to take it away from me, and that
You make me die while I am Muslim."

 

20.42 Sa'y in General

130 Yahya related to me from Malik from Hisham ibn 'Urwa
that his father said, "Once when I was young I said to 'A'isha, Umm al-Muminin,
'Have you heard the saying of Allah, the Blessed and Exalted, "Safa and Marwa
are among the Sacred Landmarks of Allah, so anyone who goes on hajj to the House
or does 'umra incurs no wrong in going back and forth between them" (2:158)?
So it follows that there should be no harm for someone who does not go between
them.' 'A'isha said, 'No, if it was as you say, it would have been, "There is no
harm in him not doing tawaf between them." However, this ayat was
revealed about the Ansar. They used to make pilgrimage to Manat, and Manat was
an idol near Qudayd, and they used to avoid going between Safa and Marwa, and
when Islam came they asked the Messenger of Allah, may Allah bless him and grant
him peace, about this and Allah, the Blessed and Exalted, revealed, "Safa and
Marwa are among the Sacred Landmarks of Allah, so anyone who goes on hajj to the
House or does 'umra incurs no wrong in going back and forth between them." '
"

[cf Bukhari 1561]

131 Yahya related to me from Malik from Hisham ibn 'Urwa that Sawda bint
'Abdullah ibn 'Umar, who was in the household of 'Urwa ibn az-Zubayr, set off
walking between Safa and Marwa when doing either haj j or an 'umra. She
was a heavy woman and she began when everybody was leaving after the 'Isha'
prayer, and she still had not completed her circuits when the first call was
given for Subh, but finished them between the two calls to prayer. If
'Urwa saw people doing circuits on riding beasts he would tell them in very
strong terms not to do so, and they would pretend to be ill, out of awe of him.

Hisham added, "He used to say to us about them, 'These are the unsuccessful
and have lost.'"

Malik said, "Someone who forgets sa'y between Safa and Marwa in an
'umra, and does not remember until he is far from Makka, should return and
do sa'y. If, in the meantime, he has had intercourse with a woman, he
should return and do sa'y between Safa and Marwa so as to complete what
remains of that 'umra, and then after that he has to perform another
'umra and offer a sacrificial animal."

Malik was asked about someone who met another man when doing sa'y
between Safa and Marwa and stopped to talk with him, and he said, "I do not like
anyone to do that."

Malik said, "If anyone forgets some of his tawaf or is uncertain about
it and remembers only when he is doing sa'y between Safa and Marwa, he
should stop the sa'y and complete his tawaf of the House apart
from that about which he is certain. After that he prays the two rak'ats
of the tawaf, and then begins his sa'y between Safa and Marwa."

132 Yahya related to me from Malik from Ja'far ibn Muhammad from his father
from Jabir ibn 'Abdullah that the Messenger of Allah, may Allah bless him and
grant him peace, walked when he came down from Safa and Marwa and then, when he
reached the middle of the valley, he broke into a light run until he had left
it.

[In Muslim]

Malik said, about a man who, out of ignorance, did the sa'y between
Safa and Marwa before he had done tawaf of the House, "He should go back
and do tawaf of the House and then do sa'y between Safa and Marwa.
If he does not learn about this until he has left Makka and is far away, he
should return to Makka and do tawaf of the House and sa'y between
Safa and Marwa. If in the meantime he has had intercourse with a woman, he
should return and do tawaf of the House and sa'y between Safa and
Marwa so that he completes what he owes of that 'umra. Then, after that,
he has to perform another 'umra and offer a sacrificial animal."

 

20.43 Fasting the Day of 'Arafa

133 Yahya related to me from Malik from Abu'n-Nadr, the
mawla of 'Umar ibn 'Ubaydullah, from 'Umayr, the mawla of 'Abdullah ibn 'Abbas,
from Umm al-Fadl bint al-Harith, that she was present when some people were
arguing on the Day of 'Arafa about whether the Messenger of Allah, may Allah
bless him and grant him peace, was fasting or not. Some of them said he was
fasting, and some of them said he was not. So she sent a bowl of milk to him
while his camel was standing still and he drank.

[cf Bukhari 1578]

134 Yahya related to me from Malik from Yahya ibn Sa'id from al-Qasim ibn
Muhammad that 'A'isha, Umm al-Muminin, used to fast on the Day of 'Arafa.

Al-Qasim said, "I saw her, when the imam began moving away (after sunset) on
the afternoon of 'Arafa, stay where she was until the ground between her and the
people became clear. Then she asked for something to drink and broke her fast."

 

20.44 Fasting on the Days of Mina

135 Yahya related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn
'Ubaydullah, from Sulayman ibn Yasar that the Messenger of Allah, may Allah
bless him and grant him peace, forbade fasting on the Days of Mina.

[mursal]

136 Yahya related to me from Malik from Ibn Shihab that the Messenger of
Allah, may Allah bless him and grant him peace, sent 'Abdullah ibn Hudhayfa out
on the Days of Mina to circulate among the people to tell them those days were
for eating and drinking and remembrance of Allah.

[mursal]

137 Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban from
al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and
grant him peace, forbade fasting on two days - the day of the 'Id al-Fitr
and the day of the 'Id al-Adha.

[In Muslim]

138 Yahya related to me from Malik from Yazid ibn 'Abdullah ibn al-Hadi from
Abu Murra, the mawla of Umm Hani, the sister of 'Aqil ibn Abi Talib, that
'Abdullah ibn 'Amr ibn al-'As told him that he had visited his father 'Amr ibn
al-'As and found him eating. His father had invited him to eat, and when he
replied that he was fasting, his father said, "These are the days on which the
Messenger of Allah, may Allah bless him and grant him peace, forbade us to fast,
and told us to break the fast on them."

Malik said, "These days are the Days of Tashriq."

[In Abu Dawud]

 

20.45 What are acceptable as sacrificial animals (hadys)

139 Yahya related to me from Malik from Nafi' from 'Abdullah ibn Abi Bakr ibn
Muhammad ibn 'Amr ibn Hazm that the Messenger of Allah, may Allah bless him and
grant him peace, sacrificed a camel, which had belonged to Abu Jahl ibn Hisham,
in either a hajj or an 'umra.

[mursal]

140 Yahya related to me from Malik from Abu'z-Zinad from
al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and
grant him peace, saw a man driving forward a camel which he was going to
sacrifice, and he told him to ride it. The man said, "Messenger of Allah, it is
an animal that I am going to sacrifice," and he replied, "Ride it, confound
you!," either two or three times.

[cf Bukhari  1604]

141 Yahya related to me from Malik from 'Abdullah ibn Dinar that he used to
see 'Abdullah ibn 'Umar sacrificing animals two at a time during hajj and one at
a time during 'umra. He said, "I saw him sacrifice an animal during an
'umra outside the house of Khalid ibn Usayd, where he was staying. I saw him
stick his spear in the throat of the animal he was going to sacrifice until the
spear came out under its shoulder."*

* Camels and other larger animals are usually slaughtered by sticking a spear
through the jugular vein rather than cutting it as is done with sheep.

142 Yahya related to me from Malik from Yahya ibn Sa'id that 'Umar ibn 'Abd
al-'Aziz once sacrificed a camel during a hajj or an 'umra.

143 Yahya related to me from Malik from Abu Ja'far al-Qari that 'Abdullah ibn
'Ayyash ibn Abi Rabi'a al-Makhzumi sacrificed two camels, one of them a
Bactrian.

144 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say, "If a she-camel that is being driven as a sacrificial animal gives
birth, the offspring should be carried along as well and they are sacrificed
together with her, and if there is no place where they can be carried, they
should be carried on the mother until they are all sacrificed."

145 Yahya related to me from Malik from Hisham ibn 'Urwa that his father
said, "If necessary, ride on your sacrificial animal, without burdening it, and,
if necessary, drink its milk after its young one has drunk its fill, and when
you sacrifice it, sacrifice the young one with it."

 

20.46 Treatment of Sacrificial Animals while Being Driven to Sacrifice

146 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
when he brought an animal to be sacrificed from Madina he would garland it and
brand it at Dhu'l-Hulayfa, doing the garlanding before the branding, but doing
both in the same place, while facing the qibla. He would garland the
animal with two sandals and brand it on its left side. It would then be driven
with him until he observed the standing along with everybody at 'Arafa. Then he
would drive it on with him when everybody else moved on, and then when he
arrived at Mina on the morning on the sacrifice, he would sacrifice the animal,
before he shaved his head. He would sacrifice the animals with his own hands,
lining them up standing and facing the qibla. He would then eat some of the
meat, and give some of it away.

147 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said,
when nicking the hump of his sacrificial animal to brand it, "In the name of
Allah, and Allah is greater."

148 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say, "A sacrificial animal is what has been garlanded, branded, and stood
with on 'Arafa."

149 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to drape his sacrificial animals in fine Egyptian linen, saddlecloths and sets
of clothing, which he would afterwards send to the Ka'ba and have the Ka'ba
draped with them.

150 Yahya related to me from Malik that he asked 'Abdullah ibn Dinar what
'Abdullah ibn 'Umar used to do with the drapings of his animals when the Ka'ba
began to be draped with the kiswa, and he said, "He gave them away as
sadaqa."

151 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say, about sacrificial animals, "Six year-old camels, three-year old cows and
sheep, or older than these."

152 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar never
used to tear the drapes of his sacrificial animals, and he would not drape them
until he went from Mina to 'Arafa.

153 Yahya related to me from Malik from Hisham ibn 'Urwa that his father used
to say to his sons, "My sons, let none of you sacrifice any animal which he
would be ashamed to sacrifice for a noble woman, for surely Allah is the noblest
of noble ones, and the most deserving of those for whom things are chosen."

 

20.47 Injury to Sacrificial Animals or their Loss

154 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
the man who was in charge of the sacrificial animal of the Messenger of Allah,
may Allah bless him and grant him peace, said, "Messenger of Allah, what should
I do with a sacrificial animal that gets injured?" The Messenger of Allah, may
Allah bless him and grant him peace, said to him, "Slaughter any sacrificial
animal that is injured. Then throw the garlands in its blood, and then give the
people a free hand in eating it."

[Abu Dawud, at-Tirmidhi and Ibn Majah]

155 Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al-Musayyab
said, "If someone dedicates an animal voluntarily and then it is injured and he
kills it and gives everyone a free hand in eating it, he owes nothing. If,
however, he eats some of it himself, or tells certain other people to eat it,
then he owes compensation."

156 Yahya related the same as that to me from Malik from Thawr ibn Zayd
ad-Dili from 'Abdullah ibn 'Abbas.

157 Yahya related to me from Malik that Ibn Shihab said, "If someone
dedicates an animal as compensation, or for a vow, or as the sacrifice for
Hajj at-Tamattu', and misfortune befalls it on the road, he must provide a
substitute."

158 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said,
"If someone dedicates an animal and then it goes astray or dies, he should
provide a substitute, if it was for a vow. If, however, it was voluntary, then
he can either provide a substitute for it or not, as he wishes."

159 Yahya related to me from Malik that he had heard the people of knowledge
say, "Someone who dedicates a sacrificial animal for compensation or as part of
the hajj should not eat from it."

 

20.48 The Animal to be Sacrificed on account of Intercourse in Ihram

160 Yahya related to me from Malik that he had heard that 'Umar ibn
al-Khattab and 'Ali ibn Abi Talib and Abu Hurayra were asked about a man who had
intercourse with his wife while he was in ihram on hajj. They said, "The
two of them should carry on and complete their hajj. Then they must do
hajj again the following year, and sacrifice an animal."

Malik added that 'Ali ibn Abi Talib said, "When they then go into ihram
for hajj in the following year they should keep apart until they have completed
their hajj."

161 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id
ibn al-Musayyab asking a group of people, "What do you think about someone who
has intercourse with his wife while he is in ihram?" and none of them
answered him. Sa'id said, "There is a man who has had intercourse with his wife
while in ihram who has sent a message to Madina asking about it." Some of
them said, "They should be kept apart until the following year," and Sa'id ibn
al-Musayyab said, "They should carry on and complete the hajj which they have
spoiled, and then return home when they have finished. When the following hajj
comes, they must do hajj and sacrifice an animal. They should go into ihram
for the hajj that they have spoiled, and they should keep apart until they have
finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said about a man who had intercourse with his wife during hajj after he
had come back from 'Arafa but before he had stoned the Jamra, "He must sacrifice
an animal and do hajj again the following year. If, however, he had intercourse
with his wife after he stoned the Jamra, he only has to do an 'umra and
sacrifice an animal and he does not have to do another hajj."

Malik explained, "What spoils a hajj or an 'umra and makes sacrificing an
animal and repeating the hajj necessary is the meeting of the two circumcised
parts, even if there is no emission. It is ao made necessary by an emission if
it is the result of bodily contact. I do not think that a man who remembers
something and has an emission owes anything, and if a man were to kiss his wife
and no emission were to occur from that, he would only have to sacrifice an
animal. A woman in ihram who has intercourse with her husband several
times during hajj or 'umra out of obedience to him only has to do another
hajj and sacrifice an animal. That is if her husband has intercourse with her
while she is doing hajj. If he has intercourse with her while she is
doing 'umra, she must repeat the 'umra she has spoiled and sacrifice an
animal."

 

20.49 The Animal to be Sacrificed on account of Missing the Hajj

162 Yahya related to me from Malik that Yahya ibn Sa'id said that Sulayman
ibn Yasar told him that Abu Ayyub al-Ansari once set off to do hajj and then,
when he reached an-Naziya on the road to Makka, his riding beasts strayed. He
reached 'Umar ibn al-Khattab on the Day of Sacrifice and told him what had
happened and 'Umar said, "Do what someone doing 'umra would do, and then you can
leave ihram, and then when the Hajj next comes upon you, do it and
sacrifice whatever animal is easy for you."

163 Malik related to me from Nafi' from Sulayman ibn Yasar that Habbar ibn
al-Aswad arrived on the Day of Sacrifice while 'Umar ibn al-Khattab was
sacrificing his animal and said, "Amir al-Muminin, we made a mistake in our
reckoning and we thought that today was the day of 'Arafa." 'Umar said, "Go to
Makka, you and whoever else is with you, and do tawaf and sacrifice your
animal if you have one with you, then shave or cut your hair and return home.
Then, in another year, do hajj and sacrifice an animal, and if you cannot find
one, fast three days on hajj and seven when you return home."

Malik said, "Someone who intends to do hajj and 'umra together (Hajj
al-Qiran) and then misses the hajj must do hajj again in
another year, doing Hajj al-Qiran and offer two sacrificial animals, one
for doing Hajj al-Qiran, and one for the hajj that he has missed."

 

20.50 Intercourse before the Tawaf al-Ifada

164 Yahya related to me from Malik from Abu'z-Zubayr al-Makki from 'Ata' ibn
Abi Rabah that 'Abdullah ibn 'Abbas was asked about a man who had had
intercourse with his wife while at Mina before he had done the Tawaf al-Ifada,
and he told him to sacrifice an animal.

165 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that 'Ikrima,
the mawla of Ibn 'Abbas, said, (and Thawr believed it to be from 'Abdullah ibn
'Abbas), "Someone who has intercourse with his wife before he has done the
Tawaf al-Ifada should do an 'umra and sacrifice an animal."

166 Yahya related to me from Malik that he had heard Rabi'a ibn Abi 'Abd
ar-Rahman saying the same about that as what 'Ikrima related from Ibn 'Abbas.

Malik said, "That is what I like most out of what I have heard about the
matter."

Malik was asked about a man who forgot the Tawaf al-Ifada until he had
left Makka and returned to his country and he said, "I think that he should go
back and do the Tawaf al-Ifada, as long as he has not had sexual
relations with women. If, however, he has had sexual relations with women, then
he should not only return and do the Tawaf al-Ifada, but he should also
do an 'umra and sacrifice an animal. He should not buy the animal in Makka and
sacrifice it there, but if he has not brought one with him from wherever it was
he set out to do 'umra, he should buy one in Makka and then take it
outside the limits of the Haram and drive it from there to Makka and sacrifice
it there."

 

20.51 The Sacrificial Animals considered Least Difficult

167 Yahya related to me from Malik from Ja'far ibn Muhammad from his father
that 'Ali ibn Abi Talib used to say, "The least difficult thing acceptable as a
sacrificial animal is a sheep."

168 Yahya related to me from Malik that he had heard that 'Abdullah ibn
'Abbas used to say, "The least difficult thing acceptable as a sacrificial
animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the
matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who
believe, do not kill game while you are in ihram. If one of you kills any
deliberately, the reprisal for it is a livestock animal equivalent to what he
killed, as judged by two just men among you, a sacrifice to reach the Ka'ba, or
expiation by feeding the poor, or fasting commensurate to that,' (5:95) and
a sheep is one of the animals which is judged to be acceptable as a sacrifice.
Allah has called it a sacrificial animal, and there is no dispute among us about
the matter. How, indeed, could anyone be in doubt about the matter? A sheep is
the kaffara for anything which does not reach the extent of something for
which a camel or a cow would be the kaffara, and the kaffara for
something which does not reach the extent of something for which a sheep would
be the kaffara is fasting, or feeding poor people."

169 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say, "The least thing that is acceptable as a sacrificial animal is a camel
or a cow."

170 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr that a mawla
of 'Amra bint 'Abd ar-Rahman called Ruqayya told him that she once set out with
'Amra bint 'Abd ar-Rahma Abi Bakr that a mawla of 'Amra bint 'Abd ar-Rahman
called Ruqayya told him that she once set out with 'Amra bint 'Abd ar-Rahman to
go to Makka. She said, "'Amra entered Makka on the eighth of Dhu'l-Hijja, and I
was with her. She did tawaf of the House, and sa'y between Safa
and Marwa, and then entered the back of the mosque. She asked me, 'Do you have a
pair of scissors with you?' and I said, 'No.' She said, 'Then try and find some
for me.' I went and looked for some and brought them back and she cut some hair
from the tresses of her head. Then, on the Day of Sacrifice, she slaughtered a
sheep."

 

20.52 Sacrificial Animals in General

171 Yahya related to me from Malik from Sadaqa ibn Yasar al-Makki that a man
from the people of Yemen who had his hair braided came to 'Abdullah ibn 'Umar
and said, "Abu 'Abd ar-Rahman, I have come to do 'umra by itself."
'Abdullah ibn 'Umar said to him, "If I had been with you or you had asked me I
would have told you to do hajj and 'umra together." The Yemeni answered,
"I am doing what I am doing," and 'Abdullah ibn 'Umar said to him, "Cut off the
locks that are hanging from your head and offer a sacrifcial animal." A woman
from Iraq said, "What should his sacrificial animal be, Abu 'Abd ar-Rahman?" and
he said, "His sacrificial animal?" and she said to him, "What should his
sacrificial animal be?" 'Abdullah ibn 'Umar said, "If I could only find a sheep
to sacrifice, I would prefer to do that than to fast."

172 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say, "A woman in ihram should not comb her hair when she leaves
ihram until she has cut off some tresses from her hair, and if she has an
animal for sacrifice with her she should not cut off any of her hair until the
animal has been killed."

173 Yahya related to me from Malik that he had heard one of the people of
knowledge say, "A man and wife should not share in one sacrificial animal. Each
should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with an animal
for him to sacrifice on hajj, who went into ihram for 'umra, should
sacrifice it when he came out of ihram or postpone it so that he
sacrificed it at the time of the hajj having in the meantime come out of
ihram from his 'umra. He said, "He should postpone it so that he may
sacrifice it at the time of the hajj, and meanwhile come out of ihram
from his 'umra."

Malik said, "If it is judged that someone must offer an animal for having
killed game, or for any other reason, this animal can only be sacrificed at
Makka, since Allah, the Blessed and Exalted, says, '...a sacrificial to reach
the Ka'ba.' The fasting or sadaqa that is considered equivalent to
offering a sacrifice can be done outside Makka, and the person who is doing it
can do it wherever he likes."

174 Yahya related to me from Malik from Yahya ibn Sa'id from Ya'qub ibn
Khalid al-Makhzumi that Abu Asma', the mawla of 'Abdullah ibn Ja'far, told him
that he was with 'Abdullah ibn Ja'far when they set out once from Madina. At
as-Suqya they passed by Husayn ibn 'Ali, who was ill at the time. 'Abdullah ibn
Ja'far stayed with him and then, when he feared that he was late (for the
hajj), he left and sent for 'Ali ibn Abi Talib and Asma bint 'Umays in
Madina, and they came to Husayn. Then Husayn pointed to his head, and 'Ali told
someone to shave his head. Then he sacrificed an animal for him at as-Suqya,
killing a camel for him.

Yahya ibn Sa'id added, "Husayn had set out with 'Uthman ibn 'Affan on that
particular journey to Makka."

 

20.53 The Wuquf (Standing) at 'Arafa and Muzdalifa

175 Yahya related to me from Malik that he had heard that the Messesenger of
Allah, may Allah bless him and grant him peace, said, "The whole of 'Arafa is a
standing-place, except the middle of 'Urana, and the whole of Muzdalifa is a
standing-place, except for the middle of Muhassir."

[In Muslim]

176 Yahya related to me from Malik from Hisham ibn 'Urwa that 'Abdullah ibn
az-Zubayr used to say, "Know that the whole of 'Arafa is a standing-place except
for the middle of 'Urana, and that the whole of Muzdalifa is a standing-place
except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to be no
rafath, no fusuq and no jidal during the hajj.'" (2:187).

He added, "Rafath is sexual relations with women, and Allah knows
best. Allah, the Blessed and Exalted says, 'Rafath with your women is
permitted to you on the night of the fast.' (2:187). Fusuq are
sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted,
says, 'Or a fisq offered up to other than Allah.' (2:145)

Jidal (arguing) during the hajj refers to when the Quraysh used
to stand near the Mash'ar al-Haram at Quzah in Muzdalifa, while the Arabs and
others would stand at 'Arafa, and they would argue about who was the more
correct.

Allah, the Blessed and Exalted, says, 'We have appointed for every nation
a rite that they observe. So let them not dispute with you about the matter.
Call the people to your Lord. You are guided straight.' (22:67) This is what
jidal refers to in our opinion, and Allah knows best. I have head this
from the people of knowledge."

 

20.54 Wuquf while not in Wudu', and Wuquf on a Riding
Beast

177 Malik was asked about whether a man could stand at 'Arafa, or at
Muzdalifa, or stone the Jamras, or do sa'y between Safa and Marwa if he
was not in wudu', and he said, "Every practice in the hajj that a
menstruating woman can take part in can be taken part in by a man who is not in
wudu', and there is nothing due from him for that. However, it is better for him
to be in wudu' for all those things, and he should make a general practice of
it."

Malik was asked whether a man who was riding should get down to do the
standing at 'Arafa, or if he could stand while mounted, and he said, "He can
stand while mounted, unless he or his riding beast has an illness, in which case
Allah is the one who most often accepts an excuse."

 

20.55 The Wuquf at 'Arafa of Someone who Misses the Hajj

178 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say, "Someone who does not stand at 'Arafa on the night of Muzdalifa before
the dawn breaks has missed the hajj, and someone who stands at 'Arafa on the
night of Muzdalifa before the dawn breaks has caught the hajj."

179 Yahya related to me from Malik from Hisham ibn 'Urwa that his father
said, "Someone who does not stand at 'Arafa on the night of Muzdalifa before the
dawn breaks has missed the hajj, and someone who stands at 'Arafa on the night
of Muzdalifa before the dawn breaks has caught the hajj."

Malik said about a slave freed during the wuquf at 'Arafa, "His
standing does not fulfil for him the hajj of Islam, except if he was not in
ihram and then he went into ihram after he was freed and he stood at
'Arafa that same night before the dawn broke - in which case that is enough for
him. If, however, he did not go into ihram until after the dawn had
broken, he is in the same position as someone who misses the hajj by not
catching the standing at 'Arafa before the breaking of the dawn on the night of
Muzdalifa, and he will have to perform the hajj of Islam later."

 

20.56 Sending Women and Children Ahead

180 Yahya related to me from Malik from Nafi' from Salim
and 'Ubaydullah, two sons of 'Abdullah ibn 'Umar, that their father 'Abdullah
ibn 'Umar used to send his family and children from Muzdalifa to Mina ahead of
him so that they could pray Subh at Mina and throw the stones before
everyone (else) arrived.

[cf Bukhari 1592]

181 Yahya related to me from Malik from Yahya ibn Sa'id
from 'Ata' ibn Abi Rabah that a mawla of Asma' bint Abi Bakr told him, "We
arrived at Mina with Asma' bint Abi Bakr at the end of the night, and I said to
her, 'We have arrived at Mina at the end of the night,' and she said, 'We used
to do that with one who was better than you.' "

[cf Bukhari 1595]

182 Yahya related to me from Malik that he had heard that Talha ibn
'Ubaydullah used to send his family and children from Muzdalifa to Mina ahead of
him.

183 Yahya related to me from Malik that he had heard one of the people of
knowledge disapproving of stoning the jamra until after dawn on the Day of
Sacrifice, as it was halal for whoever had thrown the stones to
sacrifice.

184 Yahya related to me from Malik from Hisham ibn 'Urwa that Fatima bint
al-Mundhir told him that she used to see Asma' bint Abi Bakr at Muzdalifa
telling whoever led the Subh prayer for her and her companions to pray it
as soon as the dawn broke, after which she would mount and go to Mina without
stopping at all.

 

20.57 Going from 'Arafa to Muzdalifa

185 Yahya related to me from Malik from Hisham ibn 'Urwa
that his father said, "I was sitting with Usama ibn Zayd when someone asked him,
'How did the Messenger of Allah, may Allah bless him and grant him peace, travel
when he went from 'Arafa to Muzdalifa during the Farewell Hajj?' and he replied,
'He went at a medium pace, but when he found a gap (in the crowds) he sped up.'"

[cf Bukhari 1583]

186 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to spur on his mount in the middle of Muhassir over the distance of a stone's
throw.

 

20.58 Sacrificing during the Hajj

187 Yahya related to me from Malik that he had heard that the Messenger of
Allah, may Allah bless him and grant him peace, once said at Mina, "This place
of sacrifice meaning Marwa, and the whole of Mina, is a place of sacrifice",
"and all the pathways of Makka and its roads are a place of sacrifice."

[In Abu Dawud and Ibn Majah]

188 Yahya related to me from Malik that Yahya ibn Sa'id
said that 'Amra bint 'Abd ar-Rahman told him that she had heard 'A'isha, Umm
al-Muminin, saying, "We set out with the Messenger of Allah, may Allah bless him
and grant him peace, when there were five nights left in Dhu'l-Qa'da and we
assumed that we must be setting out for hajj. When we got near to Makka, the
Messenger of Allah, may Allah bless him and grant him peace, told everyone that
did not have a sacrificial animal with them to leave ihram after they had done
tawaf of the House and sa'y between Safa and Marwa."

'A'isha added, "We were sent some beef on the day of sacrifice. I asked what
it was and they said that the Messenger of Allah, may Allahh bless him and grant
him peace, had sacrificed for his wives."

Yahya ibn Sa'id said, "I mentioned this hadith to Qasim ibn Muhammad
and he said, 'She has given you the complete hadith, by Allah.'"

[cf Bukhari 1623]

189 Yahya related to me from Malik from Nafi' from
'Abddullah ibn 'Umar that Hafsa, Umm al-Muminin, once said to the Messenger of
Allah, may Allah bless him and grant him peace, "Why is it that everyone has
left ihram and you still have not left ihram from your 'umra?" and
he replied, "I have gummed my hair and garlanded my sacrificial animal and will
not leave ihram until I have sacrificed the animal."

[cf Bukhari 1491]

 

20.59 How to Make the Sacrifice

190 Yahya related to me from Malik from Ja'far ibn Muhammad from his father
from 'Ali ibn Abi Talib that the Messenger of Allah, may Allah bless him and
grant him peace, killed some of his sacrificial animals himself, and someone
else killed the rest.

[In Muslim]

191 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said,
"Someone who vows to sacrifice a camel or a cow to Allah should garland it with
two sandals about its neck, and brand it by causing blood to flow from its side.
He should then sacrifice it either at the House or at Mina on the Day of
Sacrifice. There are no other correct places apart from those. However, someone
who vows to slaughter a camel or a cow simply as a sacrifice can sacrifice it
wherever he wishes."

192 Yahya related to me from Malik from Hisham ibn 'Urwa that his father used
to kill his sacrificial animals while they were standing.

Malik said, "No one is permitted to shave his head until he has killed his
sacrificial animal, and no one must sacrifice before dawn on the Day of
Sacrifice. The things that should be done on the Day of Sacrifice are
slaughtering, donning clothes, grooming the body generally (at-tafath)
and shaving the head, and none of this may be done before the Day of Sacrifice."

 

20.60 Shaving the Head

193 Yahya related to me from Malik from Nafi' from
'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant
him peace, said, "O Allah, have mercy on those who shave their hair." They said,
"And those who shorten (their hair), Messenger of Allah." He said, "O Allah,
have mercy on those who shave." They said, "And those who shorten, Messenger of
Allah." He said, "And those who shorten."

[cf Bukhari 1640]

194 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim that his
father used to go into Makka by night when he was doing 'umra and do
tawaf of the House and sa'y between Safa and Marwa and delay the
shaving until the morning, but he would not go back to the House and do tawaf
again until he had shaved his head.

'Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr
prayer there without actually going near the House."

Malik said, "At-tafath is shaving the head, putting on normal clothes
and things of that nature."

Yahya said that Malik was asked whether a man who forgot to shave (his head)
at Mina during the Hajj could shave in Makka, and he said, "That is permissible,
but I prefer the shaving to be done at Mina."

Malik said, "What we are all agreed upon here (in Madina) is that no one
should shave his head or cut his hair until he has killed his sacrificial
animal, if he has one, and things that are haram for him do not become
halal for him until he leaves ihram at Mina on the Day of Sacrifice.
This is because Allah, the Blessed and Exalted, says, 'But do not shave your
heads until the sacrificial animal has reached the place of sacrifice.'(2:196)"

 

20.61 Cutting the Hair

195 Yahya related to me from Malik from Nafi' that if 'Abdullah ibn 'Umar had
finished the fast of Ramadan and intended to do hajj, he would not cut his hair
or beard at all until he had done hajj.

Malik said, "It is not necessary for people to do the same."

196 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to trim his beard and moustache when he shaved at the end of a hajj or 'umra.

197 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman that a
man came to Qasim ibn Muhammad and said, "I did the Tawaf al-Ifada along
with my wife, and then I went off onto a mountain path and approached my wife to
make love to her, and she said, 'I have not cut my hair yet.' So I bit some of
her hair off with my teeth and then had intercourse with her." Qasim laughed and
said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking, an animal should be sacrificed in an instance such
as this, because 'Abdullah ibn 'Abbas said, 'Whoever forgets any of his rites on
hajj should sacrifice an animal.'"

198 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar once
met a relative of his called al-Mujabbar who had done the Tawaf al-Ifada
but, out of ignorance, had not shaved his head or cut his hair. 'Abdullah told
him to go back and shave his head or cut his hair, and then go back and do the
Tawaf al-Ifada.

199 Yahya related to me from Malik that he had heard that when Salim ibn
'Abdullah intended to go into ihram he would call for some scissors and
trim his moustache and beard before setting off and before going into ihram.

 

20.62 Gumming the Hair

200 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
'Umar ibn al-Khattab said, "Someone who puts plaits in his hair should shave his
head, and do not plait your hair in a such a way that it seems you have gummed
it."

201 Yahya related to me from Malik from Yahya ibn Sa'id from Sa'id ibn
al-Musayyab that 'Umar ibn al-Khattab said, "Anyone who has braided his hair, or
plaited it, or gummed it must shave his head."

 

20.63 Doing the Prayer in the House, Shortening the Prayer, and Hastening
the Khutba at 'Arafa

202 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
the Messenger of Allah, may Allah bless him and grant him peace, entered the
Ka'ba with Usama ibn Zayd, Bilal ibn Rabah and 'Uthman ibn Talha al-Hajabi and
locked it behind him and stayed there for some time.

'Abdullah said that he asked Bilal when he came out what the Messenger of
Allah, may Allah bless him and grant him peace, had done there and he said, "He
positioned himself with one support to his left, two supports to his right, and
three behind him (the house had six supports at that time) and then he prayed."

[cf Bukhari 483]

203 Yahya related to me from Malik from Ibn Shihab that
Salim ibn 'Abdullah said, "'Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf
telling him not to disagree with my father, 'Abdullah ibn 'Umar, about anything
to do with the hajj. Then, when the day of 'Arafa came, 'Abdullah ibn 'Umar went
to him just after noon, and I went with him. He called out to him outside his
tent, 'Where is this man?' and al-Hajjaj came out to him, wearing a blanket dyed
with safflower, and said to him, 'What's up with you, Abu 'Abd ar-Rahman?' He
said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At
this hour?' and he answered, 'Yes.' Al-Hajjaj said, 'Wait until I have poured
some water over myself, and then I will come out.'

"So 'Abdullah dismounted and waited until al-Hajjaj came out. He passed
between me and my father and I said to him, 'If you want to accord with the
sunna today, then make the khutba short, do not delay the prayer and
do the prayer quickly.'

"Al-Hajjaj looked at my father, 'Abdullah ibn 'Umar, to see if he would say
the same thing, and when 'Abdullah saw that, he said, 'What Salim is saying is
true.' "

[cf Bukhari 483]

 

20.64 Doing the Prayer at Mina on the Eighth Day of Dhu'l-Hijja, and the
Jumu'a at Mina and 'Arafa

204 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to pray Dhuhr, 'Asr, Maghrib, 'Isha' and Subh at
Mina. Then in the morning, after the sun had risen, he would go to 'Arafa.

Malik said, "What we are all agreed upon here (in Madina) is that the imam
does not recite the Qur'an out loud in Dhuhr on the Day of 'Arafa, and
that he gives a khutba to the people on that day, and that the prayer on
the day of 'Arafa is really a Dhuhr prayer, and even if it coincides with
a Jumu'a it is still a Dhuhr prayer, but one which has been
shortened because of travelling."

Malik said that the imam of the pilgrims should not pray the Jumu'a
prayer if the Day of 'Arafa, the Day of Sacrifice, or one of the three days
after the Day of Sacrifice, was a Friday.

 

20.65 Doing the Prayer at Muzdalifa

205 Yahya related to me from Malik from Ibn Shihab from
Salim ibn 'Abdullah from 'Abdullah ibn 'Umar that the Messenger of Allah, may
Allah bless him and grant him peace, prayed Maghrib and 'Isha'
together at Muzdalifa.

[cf Bukhari 1589]

206 Yahya related to me from Malik from Musa ibn 'Uqba that
Kurayb, the mawla of Ibn 'Abbas, heard Usama ibn Zayd say, " The Messenger of
Allah, may Allah bless him and grant him peace, left 'Arafa and then, when he
reached ash-Shi'b, he dismounted and urinated and then did wudu', though
not thoroughly. I said to him, 'It is time for the prayer, Messenger of Allah,'
and he said, 'The prayer is ahead of you,' and then mounted. When we arrived at
Muzdalifa he dismounted and did wudu' thoroughly. Then the iqama
was said for the prayer and he prayed Maghrib. After that everyone
settled his camel in its resting-place, and then the iqama for 'Isha'
was said and he prayed it, without having prayed anything between the two."

[cf Bukhari 1588]

207 Yahya related to me from Malik from Yahya ibn Sa'id
from 'Adi ibn Thabit al-Ansari that 'Abdullah ibn Yazid al-Khatmi told him that
Abu Ayyub al-Ansari told him that he prayed Maghrib and 'Isha'
together at Muzdalifa during the Farewell Hajj, with the Messenger of Allah, may
Allah bless him and grant him peace.

[cf Bukhari 1590]

208 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to pray Maghrib and 'Isha' together at Muzdalifa.

 

20.66 Doing the Prayer at Mina

209 Malik said that the people of Makka who are doing hajj should shorten the
prayer to two rak'ats when at Mina until they go back to Makka.

210 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that
the Messenger of Allah, may Allah bless him and grant him peace, prayed four
rak'at prayers with only two rak'ats when at Mina, and that Abu Bakr prayed them
at Mina with only two rak'ats, and that 'Umar ibn al-Khattab prayed them at Mina
with only two rak'ats, and that 'Uthman prayed them at Mina with only two
rak'ats for half of his khalifate, and then in the latter part completed them.

[mursal]

211 Yahya related to me from Malik from Ibn Shihab from Sa'id ibn al-Musayyab
that 'Umar ibn al-Khattab prayed two rak'as with everybody when he arrived in
Makka. Then, when he had finished, he said, "People of Makka, complete your
prayer, because we are a group of travellers." Later, 'Umar ibn al-Khattab
prayed two rak'ats with them at Mina, but we have not heard that he said
anything to them on that occasion.

212 Yahya related to me from Malik from Zayd ibn Aslam from his father that
Umar ibn al-Khattab prayed two rak'as with the people of Makka, and then, when
he had finished, he said, "People of Makka, complete your prayer, because we are
a group of travellers." Later, 'Umar prayed two rak'ats with them at Mina, but
we have not heard that he said anything to them on that occasion.

Malik was asked whether the people of Makka should pray two rak'ats at 'Arafa
or four, and whether the amir of the Hajj, if he was a Makkan, should pray
Dhuhr and 'Asr with four rak'ats or two, and also how the people of
Makka who were living (at Mina) should pray, and he said, "The people of Makka
should pray only two rak'ats at 'Arafa and Mina for as long as they stay there,
and should shorten the prayer until they return to Makka. The amir of the Hajj,
if he is a Makkan, should also shorten the prayer at 'Arafa and during the days
of Mina. Anyone who is living at Mina as a resident should do the full prayer at
Mina, and similarly anyone who lives at 'Arafa and is a resident there should do
the full prayer at 'Arafa."

 

20.67 The Prayer of the Visitor to Makka or Mina

213 Yahya related to me that Malik said, "Someone who comes to Makka at or
before the new moon of Dhu'l-Hijja and goes into ihram for the Hajj should do
the full prayer until he leaves Makka for Mina, and then he should shorten the
prayer. This is because he has decided to stay there for more than four nights."

 

20.68 Saying the Takbir during the Days of Tashriq

214 Yahya related to me from Malik from Yahya ibn Sa'id that he had heard
that on the day after the Day of Sacrifice 'Umar ibn al-Khattab went out a
little after the sun had risen and said the takbir, and everyone repeated
it after him. Then he went out a second time the same day when the sun was well
up and said the takbir, and everyone repeated it after him. Then he went
out a third time after midday and said the takbir, and everyone repeated
it after him until it resounded from group to group until it reached the House
and people knew that 'Umar had left to throw the stones.

Malik said, "What we do here (in Madina) is to say the takbir during
the Days of Tashriq after each prayer. The first time is when the imam and
everyone with him says the takbir after the Dhuhr prayer on the
Day of Sacrifice, and the last is when the imam and everyone with him says the
takbir after Subh on the last of the Days of Tashriq, after
which he stops saying the takbir."

Malik said, "The takbirs during the Days of Tashriq should be
done by both men and women, whether they are in a group or by themselves, at
Mina or anywhere else, and all of the them are obligatory. In this everyone
follows the imam of the Hajj and the people at Mina, because when everyone
returns (to Makka) and comes out of ihram they keep the same people as
imams while out of ihram (as they did when they were in ihram).
Someone who is not doing Hajj does not follow them except for the takbirs
during the Days of Tashriq."

Malik said, "The 'designated days' (2:203) are the Days of Tashriq."

 

20.69 Doing the prayer at al-Mu'arras and al-Muhassab

215 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
the Messenger of Allah, may Allah bless him and grant him peace, made his camel
kneel down at al-Batha', which is at Dhu'l-Hulayfa, and prayed there.

Nafi' said, "'Abdullah ibn 'Umar used to do that."

[In Muslim]

Malik said, "No one should go past al-Mu'arras when he is returning from hajj
without praying there. If he passes it at a time when prayer is not permissible
he should stay there until prayer is permissible and then pray whatever he feels
is appropriate. (This is) because I have heard that the Messenger of Allah, may
Allah bless him and grant him peace, stopped there to rest, and that 'Abdullah
ibn 'Umar stopped his camel there also."

216 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to pray Dhuhr, 'Asr, Maghrib and 'Isha' at al-Muhassab, and then
enter Makka at night and do tawaf of the House.

 

20.70 Staying Overnight at Makka on the Nights of Mina

217 Yahya related to me from Malik that Nafi' said, "They say that 'Umar ibn
al-Khattab used to send men out to bring people in from beyond al-'Aqaba."

218 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
'Umar ibn al-Khattab said, "No one doing Hajj must spend the nights of Mina
beyond al-'Aqaba."

219 Yahya related to me from Malik from Hisham ibn 'Urwa that his father
said, talking about spending the nights of Mina at Makka, "No one must spend the
night anywhere except Mina."

 

20.71 Stoning the Jamras

220 Yahya related to me from Malik that he had heard that 'Umar ibn
al-Khattab used to stop at the first two jamras for such a long time that
someone standing up would get tired.

221 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to stop for a long time at the first two jamras saying, "Allah is greater",
"Glory be to Allah", "Praise be to Allah", and making du'a's to Allah,
but he did not stop at the Jamrat al-'Aqaba.

222 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say "Allah is greater" whenever he threw a pebble while stoning the jamra.

223 Yahya related to me from Malik that he had heard some of the people of
knowledge saying, "The pebbles used for stoning the jamras should be like the
stones used as slingshot."

Malik said, "I like it better if they are a little larger than that."

Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to
say, "Someone who is at Mina when the sun sets in the middle of the Days of
Tashriq must not leave until he has stoned the jamras on the following day."

224 Yahya related to me from Malik from 'Abd ar-Rahman ibn Qasim from his
father that when people went to stone the jamras they would walk both going
there and coming back. The first one to ride was Mu'awiya ibn Abi Sufyan.

225 Yahya related to me from Malik that he asked 'Abd ar-Rahman ibn Qasim,
"From where did Qasim stone the Jamrat al-'Aqaba?" and he replied, "From
wherever it was possible."

Yahya said that Malik was asked whether someone else could throw the stones
for a child or a sick man and he said, "Yes, and a sick man should inquire as to
when the stones will be thrown for him and then say the takbir while he
is in the place where he is staying, losing blood. If a sick man regains his
health during the Days of Tashriq, he should stone whatever stoning has
been done for him and he should sacrifice an animal."

Malik said, "I do not consider that someone who stones the jamras or does
sa'y between Safa and Marwa without being in wudu' has to repeat anything,
but he should not do so deliberately."

226 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used
to say, "The jamras should not be stoned during the three days until after the
sun has passed the meridian."

 

20.72 Indulgence with respect to Stoning the Jamras

227 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Hazm from
his father that Abu'l-Baddah ibn 'Asim ibn 'Adi told him from his father that
the Messenger of Allah, may Allah bless him and grant him peace, allowed the
camel-herders to spend the night outside of Mina, and they threw the stones
(once) on the Day of Sacrifice, and (once) for the following day and the day
after that, and (once) on the day when they left Mina.

[In ABu Dawuf, at-Tirmidhi, an-Nasa'i and Ibn Majah]

228 Yahya related to me from Malik that Yahya ibn Sa'id heard 'Ata' ibn Abi
Rabah mentioning that the camel-herders were allowed to throw the stones at
night, and saying that this was in the early period (of Islam).

Malik said, "The explanation of the hadith in which the Messenger of
Allah, may Allah bless him and grant him peace, allowed the camel-herders to
delay the stoning of the jamras is, in our view, and Allah knows best,
that they threw stones on the Day of Sacrifice, and then threw again two days
later, which was the first possible day for leaving, and this throwing was for
the day which had passed. They then threw again for the day itself, because it
is only possible for someone to make up for something which is obligatory for
him, and when something obligatory passes someone by (without him doing it) he
must necessarily make it up afterwards (and not beforehand). So (in the case of
the camel-herders), if it seemed appropriate for them to leave that day, they
would have done all that they were supposed to do, and if they were to stay
until the following day, they would throw stones with everybody else on the
second and last day for leaving, and then leave."

229 Yahya related to me from Malik from Abu Bakr ibn Nafi' from his father
that the daughter of one of Safiyya bint Abi 'Ubayds's brothers was bleeding
after she had given birth to a child at Muzdalifa. She and Safiyya were delayed
and did not arrive at Mina until after the sun had set on the day of sacrifice.
'Abdullah ibn 'Umar told them both to stone the jamra at the time they arrived
and he did not think that they owed anything.

Yahya said that Malik was asked about someone who forgot to stone one of the
jamras on one of the days of Mina until it was evening and he said, "He should
throw the stones at whatever time of day or night he remembers, just as he would
pray the prayer if he forgot it and then remembered it at any time of day or
night. If he remembers (that he has not done the stoning) after he has returned
to Makka, or after he has left, he must sacrifice an animal."

 

20.73 The Tawaf al-Ifada

230 Yahya related to me from Malik from Nafi' and 'Abdullah ibn Dinar from
'Abdullah ibn 'Umar that 'Umar ibn al-Khattab gave a khutba to the people
at 'Arafa and taught them the conduct of the Hajj, and one of the things he said
to them in his speech was, "When you get to Mina and have stoned the jamra then
whatever is haram for someone doing the Hajj becomes halal, except
women and scent. No one should touch women or scent until he has done tawaf
of the House."

231 Yahya related to me from Malik from Nafi' and 'Abdullah ibn Dinar from
'Abdullah ibn 'Umar that 'Umar ibn al-Khattab said, "When someone has stoned the
jamra and shaved his head or shortened some of his hair and sacrificed an
animal, whatever was haram for him becomes halal, except women and
scent, (which remain haram for him) until he has done tawaf of the
House."

 

20.74 A Menstruating Woman's entering Makka

232 Yahya related to me from 'Abd ar-Rahman ibn al-Qasim,
from his father that 'A'isha, Umm al-Muminin, said, "We set out with the
Messenger of Allah, may Allah bless him and grant him peace, in the year of the
Farewell Hajj and we went into ihram for 'umra. Afterwards, the Messenger
of Allah, may Allah bless him and grant him peace, said, 'Whoever has a
sacrificial animal with him should go into ihram for Hajj al-Qiran,
and he should not leave ihram without leaving ihram for both of them at
the same time.' "

She continued, "I was menstruating when I got to Makka, so I did not do
tawaf of the House or sa'y between Safa and Marwa. I complained to
the Messenger of Allah, may Allah bless him and grant him peace, and he said,
'Undo your hair and comb it and leave the 'umra and go back into ihram
for the Hajj.' "

She said, "I did so, and when we had completed the Hajj, the Messenger of
Allah, may Allah bless him and grant him peace, sent me with 'Abd ar-Rahman ibn
Abi Bakr as-Siddiq to at-Tan'im and I performed an 'umra and he said,
'This is in place of your 'umra.' "

"Those who had entered ihram for the 'umra did tawaf of the
House and sa'y between Safa and Marwa, then left ihram. They they
did another tawaf after returning from Mina for their hajj, whereas those who
entered ihram for the hajj or combined the hajj and the 'umra, only did
one tawaf."

Yahya related the same as that to me from Malik from Ibn Shihab from 'Urwa
ibn az-Zubayr from 'A'isha.

[cf Bukhari 1481]

233 Yahya related to me from Malik from 'Abd ar-Rahman ibn
al-Qasim from his father that 'A'isha said, "I came to Makka at the time of my
period so I did not do tawaf of the House or go between Safa and Marwa. I
complained to the Messenger of Allah, may Allah bless him and grant him peace,
and he said, 'Do what the people doing hajj do except do not do tawaf of
the House and go between Safa and Marwa until you are pure.' "

[cf Bukhari 1567]

Malik said, concerning a woman who entered ihram for 'umra at the time
of Hajj, and she arrived in Makka during her period and so could not do tawaf
of the House, "When she fears that the time (for hajj) is getting close, she
gets into ihram for the Hajj and sacrifices an animal. She is like someone who
combines the Hajj and the 'umra. One tawaf is enough for her. If a woman starts
her period after she has already done tawaf of the House and prayed, she
does sa'y between Safa and Marwa and stops at 'Arafa and Muzdalifa and
stones the jamras but she does not do the Tawaf al-Ifada until she is
pure and has finished her menses."

 

20.75 The Tawaf al-Ifada of a Menstruating Woman

234 Yahya related to me from Malik from 'Abd ar-Rahman ibn
al-Qasim from his father from 'A'isha, Umm al-Muminin, that Safiyya bint Huyayy
began menstruating and so she mentioned it to the Messenger of Allah, may Allah
bless him and grant him peace, and he asked, "Will she delay us?" and he was
told, "She has already done the Tawaf al-Ifada," and he said, "Then she
will not delay us."

[cf Bukhari 1670]

235 Yahya related to me from Malik from 'Abdullah ibn Abi
Bakr ibn Hazm from his father from 'Amra bint 'Abd ar-Rahman that 'A'isha, Umm
al-Muminin, said to the Messenger of Allah, may Allah bless him and grant him
peace, "Messenger of Allah, Safiyya bint Huyayy has begun her period," and the
Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she
will delay us. Has she done tawaf of the House with you?" They said, "Of
course." He said, "So you are free to leave."

[cf Bukhari 1673]

236 Yahya related to me from Malik from Abu'r-Rijal Muhammad ibn 'Abd
ar-Rahman from 'Amra bint 'Abd ar-Rahman that when 'A'isha, Umm al-Muminin, was
doing hajj with women who were expecting their periods, she would hurry them to
do the Tawaf al-Ifada on the Day of Sacrifice. If they started to
menstruate after the Tawaf al-Ifada she did not stop for them but left
with them while they were menstruating.

237 Yahya related to me from Malik from Hisham ibn 'Urwa from his father from
'A'isha, Umm al-Muminin, that the Messenger of Allah, may Allah bless him and
grant him peace, mentioned Safiyya bint Huyayy and he was told that she had
started her period. The Messenger of Allah, may Allah bless him and grant him
peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she
has done tawaf," and the Messenger of Allah, may Allah bless him and
grant him peace, said, "Then she will not delay us."

[In Abu Dawud]

Malik said that Hisham said that 'Urwa said that 'A'isha said, "We can
remember, so why would people get their women to do the tawaf early if it
wasn't of benefit to them? If it were as they say, more than six thousand
menstruating women would still be in Mina in the morning, all of them having
already done the Tawaf al-Ifada.' "

238 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr from his f
ather that Abu Salama ibn 'Abd ar-Rahman told him that Umm Sulaym bint Milhan
asked the Messenger of Allah, may Allah bless him and grant him peace, for
advice one time when she had begun menstruating, or had given birth to a child
after she had done Tawaf al-Ifada on the Day of Sacrifice. The Messenger
of Allah, may Allah bless him and grant him peace, gave her permission to leave.

Malik said, "A woman menstruating at Mina stays until she has done tawaf
of the House. There is no escape from that for her. If she has already done the
Tawaf al-Ifada and she starts to menstruate afterwards, she may leave for
her country, since permission for menstruating women to leave has been
transmitted to us from the Messenger of Allah, may Allah bless him and grant him
peace."

He added, "If a woman starts her period at Mina before she does the Tawaf
al-Ifada, and the period lasts longer than usual, she has to stay longer
than the time that bleeding would usually detain women."

 

20.76 The Compensation (Fidya) for Killling Birds and Wild Animals in
Ihram

239 Yahya related to me from Malik from Abu'z-Zubayr that 'Umar ibn
al-Khattab gave the judgement of a ram for a hyena, a female goat for a gazelle,
a she-goat less than one year old for a hare, and a four month old kid for a
jerboa.

240 Yahya related to me from Malik from 'Abd al-Malik ibn Qurayr from
Muhammad ibn Sirin that a man came to 'Umar ibn al-Khattab and said, "I was
racing a friend on horseback towards a narrow mountain trail and we killed a
gazelle accidently and we were in ihram. What is your opinion?" 'Umar said to a
man by his side, "Come, so that you and I may make an assessment." They decided
on a female goat for him, and the man turned away saying, "This Amir al-Muminin
cannot even make an assessment in the case of a gazelle until he calls a man to
decide with him." 'Umar overheard the man's words and called him and asked him,
"Do you recite Surat al-Ma'ida?" and he said, "No." He said, "Then do you
recognize this man who has taken the decision with me?" and he said, "No." He
said, "If you had told me that you did recite Surat al-Ma'ida, I would have
dealt you a blow." Then he said, "Allah the Blessed, the Exalted says in His
Book, 'as judged by two just men among you, a sacrifice to reach the Ka'ba'
(5:95), and this is 'Abd ar-Rahman ibn 'Awf."

241 Yahya related to me from Malik from Hisham ibn 'Urwa that his father used
to say, "For an oryx a cow is given and for the female of gazelles a sheep."

242 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn
al-Musayyab used to say, "For a pigeon in Makka, when it is killed, a sheep is
due."

Malik said, speaking about if a man of the people of Makka were to enter
ihram for hajj or 'umra and there were some Makkan nestlings in his house
and they were shut in and died, "I think that he should pay for that with a
sheep for each bird."

243 Malik said, "I still hear that when a person in ihram kills an
ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one-tenth of the price of a
camel is due in the same way that one pays the price of a slave, either male or
female, ( for the unborn child of a free woman. The value of the slave is fifty
dinars, and that is one-tenth of what the blood-mone, (in compenson) for the
death of an unborn child of a free woman. The value of the slave is fifty
dinars, and that is one-tenth of what the blood-money for the mother would be.

"In the case of birds of prey, eagles or falcons or vultures count as game
for which a price is paid just as a price is paid for any game which a person in
ihram kills. For everything for which a penalty is paid, the assessment
is the same, whether the animal is old or young. The analogy of that is that the
blood-money for the young and the old freeman are considered to be the same."

 

20.77 The Fidya for Killing Locusts in Ihram

244 Yahya related to me from Malik from Zayd ibn Aslam that a man came to
'Umar ibn al-Khattab and said, "Amir al-Muminin, I killed some locusts with my
whip when I was in ihram," and 'Umar said to him, "Give a handful of
food."

245 Yahya related to me from Malik from Yahya ibn Sa'id that a man came to
'Umar ibn al-Khattab and asked him about some locusts he had killed while he was
in ihram. 'Umar said to Ka'b, "Come, let us make an assessment." Ka'b
said, "A dirham," and 'Umar said to Ka'b, "You can find dirhams. A date is
better than a locust."

 

20.78 The Fidya for Shaving the Head before Sacrificing

246 Yahya related to me from Malik from 'Abd al-Karim ibn Malik al-Jazari
from 'Abd ar-Rahman ibn Abi Layla from Ka'b ibn 'Ujra that one time he was with
the Messenger of Allah, may Allah bless him and grant him peace, in ihram,
and he was suffering from lice on his head. The Messenger of Allah, may Allah
bless him and grant him peace, told him to shave his head, saying, "Fast three
days, or feed six poor people, two mudds for each person, or sacrifice a
sheep. If you do any of those it will be enough for you."

247 Yahya related to me from Malik from Humayd bin Qays
from Mujahid Abu'l Hajjaj from Ibn Abi Layla from Ka'b ibn 'Ujra that the
Messenger of Allah, may Allah bless him and grant him peace, said to him,
"Perhaps your lice are troubling you?" He replied that indeed they were, and the
Messenger of Allah, may Allah bless him and grant him peace, said, "Shave your
head and fast three days or feed six poor men or sacrifice a sheep."

[cf Bukhari 1719]

248 Yahya related to me from Malik that 'Ata' ibn 'Abdullah
al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him
that Ka'b ibn 'Ujra said, "The Messenger of Allah, may Allah bless him and grant
him peace, came to me while I was blowing under a cooking pot belonging to my
companions and my head and beard were full of lice. He took my forehead and
said, 'Shave your hair and fast three days or feed six poor people.' The
Messenger of Allah, may Allah bless him and grant him peace, was aware that I
did not have anything with me to sacrifice.' "

[cf Bukhari  3927]

Malik said, concerning paying compensation (fidya) for the relief of
physical discomfort, "The custom concerning it is that no one pays compensation
until he has done something which makes it obligatory to pay compensation just
as making amends (kaffara) is only done when it has become obligatory for
the one who owes it. The person can pay the compensation wherever he wishes,
regardless of whether he has to sacrifice an animal or fast or give sadaqa
- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any
of his hair or to shave it or cut it until he has left ihram, unless he
is suffering from an ailment of the head, in which case he owes the compensation
Allah the Exalted has ordered. It is not correct for a person in ihram to
cut his nails, or to kill his lice, or to remove them from his head or from his
skin or his garment to the ground. If a person in ihram removes lice from
his skin or his garment, he must give away the quantity of food that he can
scoop up with both hands."

Malik said, "Anyone who, while in ihram, plucks out hairs from his
nose or armpit or rubs his body with a depilatory agent or shaves the hair from
around a head wound out of necessity or shaves his neck for the place of the
cupping glasses, regardless of whether it is in forgetfulness or in ignorance,
owes compensation in all these instances, and he must not shave the place of the
cupping glasses. Someone, who, out of ignorance, shaves his head before he
stones the jamra, must also pay compensation."

 

20.79 Forgetfulness in the Rituals

249 Yahya related to me from Malik from Ayyub ibn Abi Tamima as-Sakhtayani
from Sa'id ibn Jubayr that 'Abdullah ibn 'Abbas said, "If someone forgets
anything of the rituals or omits them intentionally, he must slaughter an
animal."

Ayyub added "I do not know if he said 'omits' or 'forgets'."

Malik said, "If it is a hady that has to be slaughtered, it may only
be done in Makka, but if it is a sacrifice, it may be slaughtered wherever the
one who owes the sacrifice prefers."

 

20.80 Compensation (Fidya) in General

250 Malik said concerning someone who wishes to wear clothes that a person in
ihram must not wear, or cut his hair, or touch perfume without necessity,
because he finds it easy to pay the compensation, "No one must do such things.
They are only allowed in cases of necessity, and compensation is owed by whoever
does them."

Malik was asked whether the culprit could choose for himself the method of
compensation he made, and he was asked what kind of animal was to be sacrificed,
and how much food was to be given, and how many days were to be fasted, and
whether the person could delay any of these, or if they had to be done
immediately. He answered, "Whenever there are alternatives in the Book of Allah
for the kaffara, the culprit can choose to do whichever of the
alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting
- three days. As for the food - feeding six poor men, for every poor man two
mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and
grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a
person in ihram throws something and hits game unintentionally and kills
it, he must pay compensation. In the same way, someone outside the Haram who
throws anything into the Haram and hits game he did not intend to, killing it,
has to pay compensation, because the intentional and the mistaken are in the
same position in this matter.' "

Malik said concerning people who kill game together while they are in
ihram or in the Haram, "I think that each one of them owes a full share. If
a sacrificial animal is decided for them, each one of them owes one, and if
fasting is decided for them, the full fasting is owed by each one of them. The
analogy of that is a group of people who kill a man by mistake and the
kaffara for that is that each person among them must free a slave or fast
two consecutive months."

Malik said, "Anyone who throws something at game or hunts it after stoning
the jamra and shaving his head but before he has performed the Tawaf al-Ifada,
owes compensation for that game, because Allah the Blessed, the Exalted said,
'And when you leave ihram, then hunt,' and restrictions still remain for
someone who has not done the Tawaf al-Ifada about touching perfume and
women."

Malik said, "The person in ihram does not owe anything for plants he
cuts down in the Haram and it has not reached us that anyone has given a
decision of anything for it, but how wrong is what he has done!"

Malik said concerning someone who was ignorant of, or who forgot the fast of
three days in the Hajj, or who was ill during them and so did not fast them
until he had returned to his community, "He must offer a sacrificial animal (hady)
if he can find one and if not he must fast the three days among his people and
the remaining seven after that."

 

20.81 The Hajj in General

251 Yahya related to me from Malik from Ibn Shihab from
'Isa ibn Talha that 'Abdullah ibn 'Amr ibn al-'As said, "The Messenger of Allah,
may Allah bless him and grant him peace, stopped for the people at Mina, and
they questioned him and a man came and said to him, 'Messenger of Allah, I was
unclear about what to do and I shaved before sacrificing,' and the Messenger of
Allah, may Allah bless him and grant him peace, said, 'Sacrifice, and don't
worry.' Then another came to him and said, 'Messenger of Allah, I was unclear
about what to do and I sacrificed before throwing the stones.' He advised,
'Throw, and don't worry.' "

'Amr continued, saying that the Messenger of Allah, may Allah bless him and
grant him peace, was not asked about anything that should be done ber without
his saying, "Do it, and don't worry."

[cf Bukhari 1650]

252 Yahya related to me from Malik from Nafi' from
'Abdullah ibn 'Umar that when the Messenger of Allah, may Allah bless him and
grant him peace, returned from a military expedition or a hajj or an 'umra, he
used to say three takbirs on every elevated part of the land, and then he
used to say, "There is no god but Allah, alone, without partner. To Him belongs
the Kingdom and to Him belongs the praise and He has power over everything.
Returning, repenting serving, prostrating, praising our Lord. Allah has promised
truly and given His slave victory and defeated the tribes alone."

"La ilaha illa'llahu wahduhu, la sharika lah. Lahu'l-mulku wa lahu'l-hamdu
wa huwa 'ala kulli shay'in qadir. Ayibuna, ta'ibuna, 'abiduna, sajidun,
li-rabbina hamidun. Sadaqa'llahu wa'dahu wa nasira 'abdahu wa hazama'l-ahzaba
wahduh."

[cf Bukhari 1703]

253 Yahya related to me from Malik from Ibrahim ibn 'Uqba from Kurayb the
mawla of 'Abdullah ibn 'Abbas from Ibn 'Abbas that the Messenger of Allah, may
Allah bless him and grant him peace, passed a woman in a litter and it was said
to her, "This is the Messenger of Allah, may Allah bless him and grant him
peace," and she took the forearms of a young boy who was with her and said,
"Does this one have a hajj, Messenger of Allah?" and he said, "Yes, and you have
a reward."

[In Muslim]

254 Yahya related to me from Malik from Ibrahim ibn Abi 'Abla from Talha ibn
'Ubaydullah ibn Kurayz that the Messenger of Allah, may Allah bless him and
grant him peace, said, "Shaytan is not considered more abased or more cast out
or more contemptible or more angry on any day than on the Day of 'Arafa. That is
only because he sees the descent of the Mercy and that Allah overlooks great
wrong actions. That is except from what he was shown on the Day of Badr."
Someone said, "What was he shown on the Day of Badr, Messenger of Allah?" He
said, "Didn't he see Jibril arranging the ranks of the angels?"

[mursal]

255 Yahya related to me from Malik from Ziyad ibn Abi Ziyad the mawla of
'Abdullah ibn 'Ayyash ibn Abi Rabi'a from Talha ibn 'Ubaydullah ibn Kurayz that
the Messenger of Allah, may Allah bless him and grant him peace, said, "The most
excellent du'a' is the du'a' on the Day of 'Arafa, and the best of
what I and the Prophets before me have said, is 'There is no god but Allah,
alone, without partner.' "

"La ila illa'llah wahdahu la sharika lah."

256 Yahya related to me from Malik from Ibn Shihab from
Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him
peace, entered Makka, in the Year of Victory, wearing a helmet, and when he took
it off a man came to him and said, "Messenger of Allah, Ibn Khatal is clinging
to the covers of the Ka'ba", and the Messenger of Allah, may Allah bless him and
grant him peace, said, "Kill him."

Malik commented, "The Messenger of Allah, may Allah bless him and grant him
peace, was not in ihram at the time, and Allah knows best."

[cf Bukhari 1749]

257 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar was
coming from Makka and when he was at Qudayd, news came to him from Madina and he
returned and entered Makka without ihram.

Yahya related the same as that to me from Malik from Ibn Shihab.

258 Yahya related to me from Malik from Muhammad ibn 'Amr ibn Halhala ad-Dili
from Muhammad ibn 'Imran al-Ansari that his father said that 'Abdullah ibn 'Umar
came upon him while he was stopped for a rest under a tall tree on the road to
Makka, and he said, "What has made you stop under this tall tree?" He replied
that he sought its shade. 'Abdullah ibn 'Umar said, "Anything besides that?" and
he said, "No, that was the only reason I have stopped for a rest," and 'Abdullah
ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him
peace, said, 'If you are between al-Akhshabayn (which are two mountains) near
Mina, (indicating the east with his outspread hand) you will find a valley
called as-Surar with a tree in it beneath which the umbilical cords of seventy
prophets have been cut.'"

[In an-Nasa'i]

259 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Hazm from
Ibn Abi Mulayka that 'Umar ibn al-Khattab passed a leprous woman doing tawaf
of the House, and he said to her, "Slave of Allah, do not make people
uncomfortable. Better that you stay in your house," so she did so. A man passed
by her after that and said to her, "The one who forbade you has died, so come
out." She replied, "I am not going A man passed by her after that and said to
her, "The one who forbade you has died, so come out." She replied, "I am not
going to obey him when he is alive and disobey him when he is dead."

260 Yahya related to me from Malik that he had heard that 'Abdullah ibn
'Abbas used to say that the area between the corner of the Black Stone and the
door of the Ka'ba was called al-Multazam.

261 Yahya related to me from Malik that Yahya ibn Sa'id heard Muhammad ibn
Yahya ibn Habban mentioning that a certain man passed Abu Dharr at ar-Rabadha
(which was about 30 miles from Madina) and Abu Dharr asked him, "Where are you
heading to?" and he replied, "I am intending to do hajj." Abu Dharr questioned,
"Has anything else brought you out?" and on his saying, "No", Abu Dharr said
"Resume what you are doing whole-heartedly."

The man related, "I went on till I came to Makka and I stayed as long as
Allah willed. Suddenly, one time, I was with a crowd of people thronging about a
man and I pushed through the people to him and it was the old man that I had
come across at ar-Rabadha. When he saw me, he recognized me and said, 'Ah, you
have done what I told you.'"

262 Yahya related to me from Malik that he asked Ibn Shihab about making a
condition in the Hajj that one could leave ihram at any place where an obstacle
befell one and he said, "Does anyone do that?" and disapproved of it.

Malik was asked whether a man could cut plants from the Haram for his mount,
and he said, "No."

 

20.82 The Hajj of a Woman without a Mahram

263 Malik said concerning a woman who had never been on hajj, "If she doesn't
have a mahram, or if she has, but he cannot come with her, she does not
abandon Allah's making of the Hajj obligatory for her. Let her go in a group of
women."

 

20.83 Fasting in Hajj at-Tamattu'

264 Yahya related to me from Malik from Ibn Shihab from 'Urwa ibn az-Zubayr
that 'A'isha, Umm al-Muminin, used to say, "Someone performing Hajj at-Tamattu'
who does not have a sacrificial animal fasts (three days) from the time he
enters ihram for the Hajj till the Day of 'Arafa, and if he does not fast
then, he fasts the days of Mina."

Yahya related to me from Malik from Ibn Shihab from Salim ibn 'Abdullah that
'Abdullah ibn 'Umar used to say the same concerning that as the words of 'A'isha,
may Allah the Exalted be pleased with her.

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