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Translation of Malik's Muwatta, Book 20:
Hajj
Courtesy of ISL
Software, makers of the WinAlim
Islamic database.
Section: The Ghusl to Enter Ihram
Book 20, Number 20.1.1:
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."
Book 20, Number 20.1.2:
Yahya related to me from Malik from Yahya ibn Said from Said 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.
Book 20, Number 20.1.3:
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.
Section: The Ghusl of Someone in Ihram
Book 20, Number 20.2.4:
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 some one in ihram could wash his head, and al Miswar
ibn Makhrama maintained that some one 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 hesaid, '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.' "
Book 20, Number 20.2.5:
Malik related to me from Humayd ibn Qays from Ata ibn Abi Rabah that
'Umar ibn alKhattab once asked Yala 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."
Book 20, Number 20.2.6:
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.
Book 20, Number 20.2.7:
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."
Section: Clothes Forbidden to be Worn in Ihram
Book 20, Number 20.3.8:
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."
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 some one who is in ihram can wear trousers,
because among the things which the Prophet, may Allah bless him and
grant him peace, forbade some one 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 Wearing Clothes when in Ihram
Section: Wearing Clothes when in Ihram
Book 20, Number 20.4.9:
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, and said, 'Anyone that cannot find
sandals can wear leather socks, but he should cut them off below the
ankles.' "
Book 20, Number 20.4.10:
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."
Book 20, Number 20.4.11:
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, though there was not any saffron in
them.
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 in it."
Book 20, Number 20.4.12:
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.
Book 20, Number 20.4.13:
Yahya related to me from Malik from Yahya ibn Sa'id that he heard
Said 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."
Section: Veiling the Face while in Ihram
Book 20, Number 20.5.13a:
Yahya related to me from Malik from Yahya ibn Said 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.
Book 20, Number 20.5.13b:
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 .
Book 20, Number 20.5.14:
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 would have perfumed him. "
Malik said, "A man can only do things while he is alive. When he is
dead, his actions stop."
Book 20, Number 20.5.15:
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.
Book 20, Number 20.5.16:
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.
Book 20, Number 20.5.17:
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."
Book 20, Number 20.5.18:
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."
Book 20, Number 20.5.19:
Yahya related to me from Malik from Nafi from Aslam, the mawla of
Umar ibn al Khattab, that Umar ibn al-Khattab discovered the smell of
perfume while he was at ash-Shajara, and he asked, "Who is this smell
of perfume coming from?" Muawiya ibn Abi Sufyan answered, "From me,
amir al-muminin." Umar said, "From you? By the life of Allah!" Muawiya
explained, "Umm Habiba perfumed me, amir al-muminin. "'Umar then said,
"You must go back and wash it off."
Book 20, Number 20.5.20:
Yahya related to me from Malik from as-Salt ibn Zubayd from more than
one of his family that Umar ibn al-Khattab discovered 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."
Book 20, Number 20.5.21:
Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn
Abi Bakr and Rabia 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 tawafal-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 some one
in ihram eating it if it has been cooked. If, however, it has not been
cooked he should not eat it."
Section: Where People Should Enter Ihram
Book 20, Number 20.6.22:
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.' "
Book 20, Number 20.6.23:
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.'
Book 20, Number 20.6.24:
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.' "
Book 20, Number 20.6.25:
Yahya related to me from Malik from Nafi that Abdullah ibn Umar once
entered ihram at al-Fur.
Book 20, Number 20.6.26:
Yahya related to me from Malik from a reliable source that Abdullah
ibn Umar once entered ihram at Ilya (Jerusalem).
Book 20, Number 20.6.27:
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-Jiirrana (near Makka) for an umra.
Section: How to Enter Ihram
Book 20, Number 20.7.28:
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."
Labayk, Allahumma labayk, la sharika laka labayk. Inna'l-hamda wa'n-nimata
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 ."
Labayk, labayk, labayk wa sadayka wa'l-khayr biyadayka labayk wa'r-raghba'u
ilayka wa'l-amalu.
Book 20, Number 20.7.29:
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 rakas 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.
Book 20, Number 20.7.30:
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, entered ihram from this desert of yours
is not true, because he only entered ihram from the mosque, i.e. the
mosque of Dhu'l-Hulayfa."
Book 20, Number 20.7.31:
Yahya related to me from Malik from Said ibn Abi Said 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 twoYamani 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)."
Book 20, Number 20.7.32:
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.
Book 20, Number 20.7.33:
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.
Section: Raising the Voice in Talbiyya
Book 20, Number 20.8.34:
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."
Book 20, Number 20.8.35:
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, "Some one 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 alHaram 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."
Section: Doing Hajj on its Own
Book 20, Number 20.9.36:
Yahya related to me from Malik, from Abu'l-Aswad Muhammad ibn Abd
ar-Rahman, fromUrwa 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 do umra,
some of us went into ihram to do hajj and umra, and some of us went
into ihram to do hajj on its own. The Messenger of Allah, may Allah
bless him and grant him peace, went into ihram to do hajj on its own.
Those who had gone into ihram to do umra came out of ihram (after doing
umra). Those who had gone into ihram to do hajj (on its own), or to
do both hajj and umra, did not come out of ihram until the day of the
sacrifice."
Book 20, Number 20.9.37:
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 on its own.
Book 20, Number 20.9.38:
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 Messenger of Allah, may Allah bless him and grant him peace, did
hajj on its own.
Book 20, Number 20.9.39:
Yahya related to me from Malik that he had heard the people of knowledge
say, "If someone goes into ihram to do hajj on its own, he cannot then
go into ihram to do umra.''
Malik said, "This is what I have found the people of knowledge in
our city doing."
Section: Doing Hajj and Umra Together (Hajj al-Qiran)
Book 20, Number 20.10.40:
Yahya related to me from Malik, from Jafar ibn Muhammad, from his
father, that al-Miqdad ibn al-Aswad once went to see AIi ibn Abi Talibat
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 and umra together."
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 and umra together?'
Uthman replied, 'That is my opinion.' Whereupon AIi got angry and went
out saying, 'I am at your service, O Allah, I am at your service for
a hajj and an umra together.' "
Malik said, "Our position (here in Madina) is that someone who does
hajj and umra together 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 the sacrifice."
Book 20, Number 20.10.41:
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 on its own,
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, whils tthose who had gone
into ihram to doumra (on its own) came out of ihram.
Book 20, Number 20.10.42:
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 s'ay 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. ' "
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 do hajj and umra together, and he should
not come out of ihram until he has finished both.' "
Section: When to Stop the Talbiya
Book 20, Number 20.11.43:
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."
Book 20, Number 20.11.44:
Yahya related to me from Malik, from Jafar ibn Muhammad, from his
father, that AIi 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."
Book 20, Number 20.11.45:
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) .
Book 20, Number 20.11.46:
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 say 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.
Book 20, Number 20.11.47:
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."
Book 20, Number 20.11.48:
Yahya related to me from Malik, from AIqama ibn Abi AIqama, 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-J uhfa, 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 do umra."
Book 20, Number 20.11.49:
Yahya related to me from Malik, from Yahya ibn Said, that Umar ibn
Abd alAziz 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."
Section: How the People of Makka, and Those Besides Them Living There, Go
into Ihram
Book 20, Number 20.12.50:
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."
Book 20, Number 20.12.51:
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 say between Safa and Marwa, but they
can do whatever other tawaf they want to, and they should pray two rakas
every time they complete seven tawafs, 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 theHouse and the say 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."
Section: Situations when Ihram Not Obligatory for Garlanding Sacrificial
Animals
Book 20, Number 20.13.52:
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 some one doing hajj was also haram for some one 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 notas 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 forthe 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."
Book 20, Number 20.13.53:
Yahya related to me from Malik that Yahya ibn Said 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 some one
who goes into ihram for hajj and begins saying the talbiya for whom
things are haram.' "
Book 20, Number 20.13.54:
Yahya related to me from Malik, from Yahya ibn Said, from Muhammad
ibn Ibrahim ibn al-Harith at-Taymi, that Rabia 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
."
Rabia said, "I then met Abdullah ibn az-Zubayr and so I mentioned
this to him and he said, 'By the Lord of the Kaba, an innovation.' "
Malik was asked about some one 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 hesaid, "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 somone who was not in ihram could set out with
a sacrificial 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 some one 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.' "
Section: What a Menstruating Woman Does on Hajj
Book 20, Number 20.14.55:
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 do
either hajj or umra can do so if she so wishes, but she cannot do tawaf
of the House, nor the say 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 say between Safa and Marwa, nor can she
come near the mosque until she is pure."
Section: Umra in the Months of Hajj
Book 20, Number 20.15.56:
Yahya related to me from Malik that he had heard that the Messenger
of Allah, may Allah bless him and grant him peace, did umra three times:
in the year of Hudaybiya, in the year of al-Qadiyya, and in the year
of al-Jiirrana.
Book 20, Number 20.15.57:
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 did three umras, one of them in Shawwal, and two in Dhu'l-Qada.
Book 20, Number 20.15.58:
Yahya related to me from Malik, from Abd ar-Rahman ibn Harmala al-Aslami,
that somebody asked Said ibn al-Musayyab, "Can I do umra before I do
hajj?", and Said said, "Yes, the Messenger of Allah, may Allah bless
him and grant him peace, did umra before doing hajj."
Book 20, Number 20.15.59:
Yahya related to me from Malik, from Ibn Shihab, from Said ibn al-Musayyab,
that Umar ibn Abi Salama once asked Umar ibn alKhattab 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.
Section: When to Stop Saying the Talbiya for Umra
Book 20, Number 20.16.60:
Yahya related to me from Malik, from Hisham ibn 'Urwa, that his father
would stop saying the talbiya when he entered the Haram, if he was doing
'umra.
Malik said that someone who went into ihram at at-Tanim 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 mawaqit, should
stop saying the talbiya, and he said, "Someone who goes into ihram at
one of the mawaqit should stop saying the talbiya when he arrives at
the Haram."
Malik added, "I have heard that Abdullah ibn Umar used to do that."
Section: Hajj At-Tamattu
Book 20, Number 20.17.61:
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
he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu
in 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 Sad said, "How wrong is what you have just said, son
of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab forbade that,"
and Sad said, "The Messenger of Allah, may Allah bless him and grant
him peace, did it, and we did it with him."
Book 20, Number 20.17.62:
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."
Book 20, Number 20.17.63:
Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah
ibn Umar used to say, "Anyone that does umra in the months of hajj,
that is, in Shawwal, Dhu'l-Qada, 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."
Book 20, Number 20.17.64:
Yahya related to me from Malik that Yahya ibn Said used to hear Said
ibn al-Musayyab say, "Anyone that does umra in Shawwal, Dhu'l-Qada 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."
Section: Circumstances in which Tamattu is Not Obligatory
Book 20, Number 20.18.65:
Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada 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 some one 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 Masjid al-Haram. '
Section: About Umra in General
Book 20, Number 20.19.66:
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."
Book 20, Number 20.19.67:
Yahya related to me from Malik that Sumayy, the mawla of Abu Bakr
ibn Abd ar-Rahman, heard Abu Bakribn 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.' "
Book 20, Number 20.19.68:
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."
Book 20, Number 20.19.69:
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. 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 entered Makka to do umra, and does tawaf
of the House and say between Safa and Marwa while he is junub, 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 say 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-Tanim, (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-Tanim), or one which is
further away."
Section: Marriage in Ihram
Book 20, Number 20.20.70:
Yahya related to me from Malik, from Rabia 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.
Book 20, Number 20.20.71:
Yahya related to me from Malik, from Nafi, from Nubayh ibn Wahb, who
was from the tribe of Bani 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 marry Bint Shayba
ibn Jubayr 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.' "
Book 20, Number 20.20.72:
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.
Book 20, Number 20.20.73:
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."
Book 20, Number 20.20.74:
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab,
Salim ibn Abdullah and Sulayman ibn Yasar were asked about whether someone
in ihram could get married, and they said, "Some one in ihram may neither
get married nor give some one in marriage."
Malik said that a man who was in ihram could return to his wife if
he wanted to, if she was still in her idda after she had been divorced
from him.
Section: Cupping in Ihram
Book 20, Number 20.21.75:
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 Lahyay Jamal, which is a place on the road to Makka.
Book 20, Number 20.21.76:
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 necessary."
Section: Game that can be Eaten by Someone who is in Ihram
Book 20, Number 20.22.77:
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 muhrim, 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."
Book 20, Number 20.22.78:
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 said, "Safif are dried strips of meat."
Book 20, Number 20.22.79:
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?"
Book 20, Number 20.22.80:
Yahya related to me from Malik that Yahya ibn Said al-Ansari said
that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn
Talha ibn Ubaydullah, fromUmayr 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 hesaid, "Leave it. The man to whom it belongs is about to come."
Then al-Bahzi, who was the man, 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, Iying 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.
Book 20, Number 20.22.81:
Yahya related to me from Malik, from Yahya ibn Said, that he heard
Said ibn al-Musayyab relating from Abu Hurayra that he was once coming
back from Bahrayn, 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.' "
Book 20, Number 20.22.82:
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.' "
Book 20, Number 20.22.83:
Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn
Yasar, that Kab 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 Kab 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, ''Kab.'' 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 Kab 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
Kab), "What made you tell them they could do that?" Kab said, "It is
game of the sea." He said, "How do you know?", and Kab 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 a muhrim 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 muhrim finds 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 some one in ihram to fish in the
sea or in rivers and lakes, etc.
Section: Game that is Not Halal to Eat in Ihram
Book 20, Number 20.23.84:
Yahya related to me from Malik, from Ibn Shihab, from Ubaydullah ibn
Abdullah ibn Utba ibn Masud, from Abdullah ibn Abbas, that as-Sab 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."
Book 20, Number 20.23.85:
Yahya related to me from Malik, from Abdullah ibn Abi Bakr, that Abd
ar-Rahman ibn Amir ibn Rabia 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 said, 'Will you not eat then?', and he said, 'I am not
in the same position as you. It was hunted for my sake.' "
Book 20, Number 20.23.86:
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 to do something, leave it," by
which she meant eating game-meat.
Malik said that if game was hunted forthe sake of a man who is 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 given 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 some one 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."
Section: Hunting in the Haram
Book 20, Number 20.24.87:
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 that does that has to pay a forfeit
for what has been hunted. However, some one 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 should not be eaten, however. If
he set the dog loose near the Haram then he has to pay a forfeit for
the game."
Section: Assessing the Forfeit for Hunting Game Animals that Someone in
Ihram can Kill
Book 20, Number 20.25.88:
Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust,
do not kill game while you are in ihram. Whoever of you kills game intentionally
has to pay a forfeit commensurate with what he has killed in cattle
which two men from among you shall judge, a sacrificial animal which
reaches the Kaba, or else he makes a kaffara of either feeding poor
people or the equivalent of that in fasting, so that he may taste the
consequences of what he has done.' " (Sura 5 ayat 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 some one who kills game in the Haram while he is
in ihram ."
Section: Animals that Someone in Ihram can Kill
Book 20, Number 20.26.89:
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 some one in
ihram to kill: crows, kites, scorpions, rats and mice, and wild dogs."
Book 20, Number 20.26.90:
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 some one in ihram to kill: scorpions, rats and mice, crows, kites
and wild dogs. "
Book 20, Number 20.26.91:
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 trespassers that can be killed in the Haram: rats
and mice, scorpions, crows, kites and wild dogs."
Book 20, Number 20.26.92:
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, Iynxes 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.
Section: Things that Someone in Ihram is Allowed to do
Book 20, Number 20.27.93:
Yahya related to me from Yahya ibn Said from Muhammad ibn Ibrahim
ibn alHarith at-Taymi from Rabia ibn Abi Abdullah ibn alHudayr 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.
Book 20, Number 20.27.94:
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 some one 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.' "
Book 20, Number 20.27.95:
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.
Book 20, Number 20.27.96:
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."
Book 20, Number 20.27.97:
Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi
Maryam once asked Said ibn al-Musayyab about (what to do with) a nail
of his that had broken while he was in ihram and Said said, "cut it
off."
Malik was asked whether some one 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 some one in ihram lancing an
abscess that he had, or a boil, or cutting a vein, if he needed to do
so.
Section: Doing the Hajj for Somebody Else
Book 20, Number 20.28.98:
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 Khathama 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 for him?', and he said, 'Yes.' This
was during the farewell hajj."
Section: Concerning Someone whose Path (to the House) is Blocked by an Enemy
Book 20, Number 20.29.99:
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 Kaba.
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 doing anything they had not finished doing.
Book 20, Number 20.29.100:
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
Zubair 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-Hudaybiya.
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
set of tawaf, which he considered to be enough for himself, and sacrificed
an animal.
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 some one is hindered by anything other than an enemy, he is
only freed from ihram by tawaf of the House. "
Section: Concerning Someone who is Hindered (From Going To The House) by
Something Other than an Enemy
Book 20, Number 20.30.101:
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 say 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."
Book 20, Number 20.30.102:
Yahya related to me from Malik from Yahya ibn Said 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."
Book 20, Number 20.30.103:
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.''
Book 20, Number 20.30.104:
Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah
that Abdullah ibn Umar said, "Some one who is detained by sickness before
he has got to the House cannot leave ihram until he has done tawaf of
the House and say between Safa and Marwa."
Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn
Yasar that Said 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 another 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 came to the day of the sacrifice and had 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 some time 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 some one 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 was in labour, and he said, "Someone
to whom this happens is in the same situation as one who is hindered
from doing the hajj, and he must do the same as people from outlying
regions do when they are hindered from doing the 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 say between Safa and Marwa, and then leave
ihram. He must then do hajj again another year and offer a sacrificial
animal ."
Malik said, about someone who left ihram in Makka, and then did tawaf
of the House and say 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 say 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 say 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 say between
Safa and Marwa, because his initial tawaf and say were intended for
the hajj. He must do the next hajj and offer a sacrificial animal."
Section: Concerning Building the Kaba
Book 20, Number 20.31.105:
Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah
that Abdullah ibn Muhammad ibn Abi Bakras-Siddiq told Abdullah ibn Umar
from A'isha, that the Prophet, may Allah bless him and grant him peace,
said, "Don't you see that when your people built the Kaba they fell
short of the foundations of Ibrahim?" A'isha said, "Messenger of Allah,
won't you return 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 kufr, I would have done
so."
Salim ibn Abdullah said 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 Kaba) .
Book 20, Number 20.31.106:
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).
Book 20, Number 20.31.107:
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 as they were making tawaf,
and their tawaf would therefore encompass the original House.
Section: Hastening (Raml) in the Tawaf
Book 20, Number 20.32.108:
Yahya related to me from Malik from Jafar 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."
Malik said, "This is what is still done by the people of knowledge
in our city."
Book 20, Number 20.32.109:
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.
Book 20, Number 20.32.110:
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 badama amatta.
Book 20, Number 20.32.111:
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-Tanim.
He said, "Then I saw him hasten around the House for three circuits."
Book 20, Number 20.32.112:
Yahya related to me from Malik from Nafi that Abdullah ibn Umar never
used to do tawaf of the House or say 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.
Section: Saluting the Corners during Tawaf
Book 20, Number 20.33.113:
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, prayed two rakas, and wanted to go to Safa and Marwa,
he would salute the corner of the Black Stone before he left.
Book 20, Number 20.33.114:
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 don't." The Messenger of Allah, may Allah bless
him and grant him peace, said, "You are right."
Book 20, Number 20.33.115:
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 he was prevented from it.
Section: Kissing the Corner of the Black Stone when Saluting the Corners
Book 20, Number 20.34.116:
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.
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."
Section: The Two Rakas of Tawaf
Book 20, Number 20.35.117:
Yahya related to me from Malik from Hisham ibn Urwa that his father
would never do two sets of seven tawafs together without praying between
them. After every seven tawafs he would pray two rakas, 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 rakasafter every seven circuits."
Malik said, about someone who began doing tawaf and then forgot how
many he had done and did eightor nine circuits, "He should stop when
he knows that he has done more than the right number and then pray two
rakas,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 rakas
for the two sets of seven circuits together, because the sunna is that
you pray two rakas after every seven circuits."
Malik said that someone who was in doubt about his tawaf after he
had prayed the two rakas 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 rakas, because prayer when doing tawaf was only valid after
completing seven circuits.
"If some one breaks his wudu either while he is doing tawaf, or when
he has finished tawaf but before he has prayed the two rakas of tawaf,
he should do wudu and begin the tawaf and the two rakas afresh. Breaking
wudu does not interrupt say between Safa and Marwa, but a person should
not begin say unless he is pure by being in wudu."
Section: Praying after Subh and Asr when doing Tawaf
Book 20, Number 20.36.118:
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 rakas.
Book 20, Number 20.36.119:
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."
Book 20, Number 20.36.120:
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 rakas until after
he has prayed maghrib."
Malik said, "There is no harm in someone doing a single tawaf after
subh or after asr, not to do more than one group of seven circuits,
and then as long as he delays the two rakas until after the sun has
risen, as Umar ibn al-Khattab did, or he delays them 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."
Section: Taking Leave of the House
Book 20, Number 20.37.121:
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, 'Whoever exalts
the rituals of Allah - that is from the taqwa of the hearts' (Sura 22
ayat 32), and He says, 'Then their halal place (of sacrifice) is at
the Ancient House,' and the place of all the rituals and where they
end is therefore at the Ancient House."
Book 20, Number 20.37.122:
Yahya related to me from Malik from Yahya ibn Said 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.
Book 20, Number 20.37.123:
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 contract, 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 contract 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."
Section: Tawaf in General
Book 20, Number 20.38.124:
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."
Book 20, Number 20.38.125:
Yahya related to me from Malik from Abu'z Zubayr al-Makki that Abu
Maiz 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."
Book 20, Number 20.38.126:
Yahya related to me from Malik that he had heard that if Sad ibn Abi
Waqqas entered Makka late, he would go to Arafa before doing tawaf of
the House and say 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 say between Safa and Marwa."
Section: Starting with Safa in the Say
Book 20, Number 20.39.127:
Yahya related to me from Malik from Jafar ibn Muhammad ibn AIi 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 that with which Allah began,'
and he began with Safa."
Book 20, Number 20.39.128:
Yahya related to me from Malik from Jafar ibn Muhammed ibn AIi 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 dua. He would then
do the same on Marwa.
Book 20, Number 20.39.129:
Yahya related to me from Malik from Nafi that he heard Abdullah ibn
Umar making dua 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 askingYou,
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."
Section: Say in General
Book 20, Number 20.40.130:
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 seen the saying of Allah, the Blessed and Exalted, "Safa and Marwa
are among the waymarks of Allah, so whoever does hajj or umra to the
House, there is no harm in his going between them," so it follows that
there should be no harm for some one who does not go between them.'
A'isha said, 'No. If it were as you say, there would be no harm in
his not going between them. This ayat was only 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 waymarks of Allah, so whoever does hajj
or umra to the House, there is no harm in his going between them. "
' "
Book 20, Number 20.40.131:
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 hajj 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 unsuccessful
and have lost.' "
Malik said, "Someone who forgets say between Safa and Marwa in an
umra, and does not remember until he is far from Makka, should return
and do say. If, in the meantime, he has had intercourse with a woman,
he should return and do say between Safa and Marwa so as to complete
what remains of that umra, and then after that he has to do another
umra and offer a sacrificial animal."
Malik was asked about someone who met another man when doing say 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 say between Safa and Marwa, he
should stop the say and complete his tawaf of the House apart from that
about which he is certain. After that he prays the two rakas of the
tawaf, and then begins his say between Safa and Marwa."
Book 20, Number 20.40.132:
Yahya related to me from Malik from Jafar 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.
Malik said, about a man who, out of ignorance, did the say 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 say 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 say 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 say between Safa and
Marwa so that he completes what he owes of that umra. Then, after that,
he has to do another umra and offer a sacrificial animal ."
Section: Fasting the Day of Arafa
Book 20, Number 20.41.133:
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.
Book 20, Number 20.41.134:
Yahya related to me from Malik from Yahya ibn Said 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."
Section: Fasting on the Days of Mina
Book 20, Number 20.42.135:
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.
Book 20, Number 20.42.136:
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.
Book 20, Number 20.42.137:
Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban
from al-Araj 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.
Book 20, Number 20.42.138:
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."
Section: What are Acceptable as Sacrificial Animals (Hadys)
Book 20, Number 20.43.139:
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.
Book 20, Number 20.43.140:
Yahya related to me from Malik from Abu'z Zinad from al-Araj 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, woe
on you," either the second or the third time.
Book 20, Number 20.43.141:
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."'
Book 20, Number 20.43.142:
Yahya related to me from Malik from Yahya ibn Said that Umar ibn Abd
al-Aziz once sacrificed a camel during a hajj or an umra.
Book 20, Number 20.43.143:
Yahya related to me from Malik from Abu Jafar al-Qari that Abdullah
ibn Ayyash ibn Abi Rabia al-Makhzumi sacrificed two camels, one of them
a Bactrian.
Book 20, Number 20.43.144:
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."
Book 20, Number 20.43.145:
ahya 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."
Section: What to Do with Sacrificial Animals (Hadys) while They are being
Driven
Book 20, Number 20.44.146:
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 together 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 of 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.
Book 20, Number 20.44.147:
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."
Book 20, Number 20.44.148:
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."
Book 20, Number 20.44.149:
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 Kaba and
have the Kaba draped with them.
Book 20, Number 20.44.150:
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
Kaba began to be draped with the kiswa, and he said, "He gave them away
as sadaqa."
Book 20, Number 20.44.151:
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."
Book 20, Number 20.44.152:
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.
Book 20, Number 20.44.153:
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."
Section: What to Do with Sacrificial Animals (Hadys) if They get Injured
or Stray
Book 20, Number 20.45.154:
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.
Book 20, Number 20.45.155:
Yahya related to me from Malik from Ibn Shihab that Said 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."
Book 20, Number 20.45.156:
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abdullah
ibn Abbas the same as that.
Book 20, Number 20.45.157:
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 tamattu,
and misfortune befalls it on the road, he must provide a substitute."
Book 20, Number 20.45.158:
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."
Book 20, Number 20.45.159:
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."
Section: The Animal (Hady) to be Sacriticed for Intercourse in Ihram
Book 20, Number 20.46.160:
Yahya related to me from Malik that he had heard that Umar ibn al-Khattab
and AIi 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 in another year, and sacrifice an animal."
Malik added that AIi ibn Abi Talib said, "When they then go into ihram
for hajj in a future year they should keep apart until they have completed
their hajj."
Book 20, Number 20.46.161:
Yahya related to me from Malik from Yahya ibn Said that he heard Said
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. Said 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 a future
year," and Said ibn al-Musayyab said, "They should carry on and complete
the hajj which they have spoiled, and then return home when they have
finished. If another hajj comes upon them, they must do hajj and sacrifice
an animal. They should go into ihram at the same place where they went
into ihram for the hajj that they 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 down from Arafa but before he had stoned the Jamra,
"He must sacrifice an animal and do hajj again in another 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 said, "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 also 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."
Section: The Animal (Hady) to be Sacrificed for Missing the Hajj
Book 20, Number 20.47.162:
Yahya related to me from Malik that Yahya ibn Said 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 ."
Book 20, Number 20.47.163:
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 and
then misses the hajj must do hajj again in another year, doing hajj
with umra, and offer two sacrificial animals, one for doing the hajj
with umra, and one for the hajj that he has missed."
Section: Intercourse with One's Wife Before Doing the Tawaf al-Ifada
Book 20, Number 20.48.164:
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.
Book 20, Number 20.48.165:
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that lkrama,
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."
Book 20, Number 20.48.166:
Yahya related to me from Malik that he had heard Rabia ibn Abi Abd
ar-Rahman saying the same about that as what Ikrama 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 community 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 theanimal 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."
Section: The Sacrificial Animals that are Considered Least Difficult
Book 20, Number 20.49.167:
Yahya related to me from Malik from Jafar 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."
Book 20, Number 20.49.168:
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 trust, do not kill game while you are in ihram. Whoever of
you kills it intentionally, there shall be repayment the like of what
he has slain, from livestock, as shall be judged by two men of justice
among you, a sacrificial animal which will reach the Kaba, or food for
poor people, or the equivalent of that in fasting,' (Sura 5 ayat 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."
Book 20, Number 20.49.169:
Yahya related to me from Malik from Nafi that Abdullah ibn Urnar used
to say, "The least thing that is acceptable as a sacrificial animal
is a camel or a cow."
Book 20, Number 20.49.170:
Yahya related to me from Malik fromAbdullah ibn Abi Bakr that a mawla
of Amir 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 say 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."
Section: Sacrificial Animals in General
Book 20, Number 20.50.171:
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 arRahman, I have come to do just umra. ''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 sacrificial
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."
Book 20, Number 20.50.172:
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 some of the tresses of 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."
Book 20, Number 20.50.173:
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 while in the meantime he came
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 some-one 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 animal which will reach the Kaba.' 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."
Book 20, Number 20.50.174:
Yahya related to me from Malik from Yahya ibn Said from Yaqub ibn
Khalid al-Makhzumi that Abu Asma, the mawla of Abdullah ibn Jafar, told
him that he was with Abdullah ibn Jafar when they set out once from
Madina. At as-Suqya they passed by Husayn ibn Ali, who was ill at the
time. Abdullah ibn Jafar 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 AIi told someone to shave his head. Then he sacrificed
an animal for him at as-Suqya, killing a camel for him.
Yahya ibn Said added, "Husayn had set out with Uthman ibn Affan on
that particular journey to Makka. "
Section: The Wuquf at Arata and Muzdalifa
Book 20, Number 20.51.175:
Yahya related to me from Malik that he had heard that the Messenger
of Allah, may Allah bless him and grant him peace, said, "The whole
of Arafa is a mawqif, except the middle of Urana, and the whole of Muzdalifa
is a standing-place, except for the middle of Muhassir."
Book 20, Number 20.51.176:
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 wholeof 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.' " (Sura 2 ayat 197).
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.' (Sura 2 ayat 197). 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.' (Sura
2 ayat 197) Jidal (arguing) during the hajj refers to when the Quraysh
used to stand near the mashar 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, 'And
we appointed a method of sacrifice for every nation, which they followed,
so let them not dispute with you about the matter, and call to your
Lord. Surely you are on a straight guidance.' (Sura 22 ayat 67) This
is what jidal refers to in our opinion, and Allah knows best. This I
have heard from the people of knowledge."
Section: Wuquf while Not in Wudu, and Wuquf on a Riding Beast
Book 20, Number 20.52.177:
Malik was asked about whether a man could stand at Arafa, or at Muzdalifa,
or stone the Jamras, or do say 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 not 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 have an illness,
in which case Allah is the one who most often accepts an excuse."
Section: The Wuquf at Arafa of Someone who Misses the Hajj
Book 20, Number 20.53.178:
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."
Book 20, Number 20.53.179:
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 some one 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 do the hajj of Islam later."
Section: Sending Women and Children Ahead
Book 20, Number 20.54.180:
Yahya related to me from Malik from Nafj 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.
Book 20, Number 20.54.181:
Yahya related to me from Malik from Yahya ibn Said 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.' "
Book 20, Number 20.54.182:
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.
Book 20, Number 20.54.183:
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.
Book 20, Number 20.54.184:
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 Bakrat 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.
Section: Going from Arafa to Muzdalifa
Book 20, Number 20.55.185:
Yahya related to me from Malik from Hisham ibn Urwa that his father
said, "I was sitting with Usama ibn Zayd when some one 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 speeded up.' "
Book 20, Number 20.55.186:
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.
Section: Sacrificing during the Hajj
Book 20, Number 20.56.187:
Yahya related to me from Malik that he had heard that the Messenger
of Allah, may Allah bless him and grant him peace, said once at Mina,
"This place (where I have just sacrificed), and the whole of Mina, is
a place of sacrifice," and he said once during umra, "This place of
sacrifice" meaning Marwa, "and all the pathways of Makka and its roads
are a place of sacrifice."
Book 20, Number 20.56.188:
Yahya related to me from Malik that Yahya ibn Said 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-Qada
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 say 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 Allah bless
him and grant him peace, had sacrificed for his wives."
Yahya ibn Said said, "I mentioned this hadith to Qasim ibn Muhammad
and he said, 'She has given you the complete hadith, by Allah.' "
Book 20, Number 20.56.189:
Yahya related to me from Malik from Nafi from Abdullah 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 matted my hair and garlanded my sacrificial animal and will not
leave ihram until I have sacrificed the animal."
Section: How to Make the Sacrifice
Book 20, Number 20.57.190:
190 Yahya related to me from Malik from Jafar 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.
Book 20, Number 20.57.191:
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."
Book 20, Number 20.57.192:
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."
Section: Shaving the Head
Book 20, Number 20.58.193:
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."
Book 20, Number 20.58.194:
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 say 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,
'Do not shave yourheads until the sacrificial animal has reached its
destination. ' "
Section: Cutting the Hair
Book 20, Number 20.59.195:
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."
Book 20, Number 20.59.196:
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.
Book 20, Number 20.59.197:
Yahya related to me from Malik from Rabia 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.' "
Book 20, Number 20.59.198:
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.
Book 20, Number 20.59.199:
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.
Section: Matting the Hair
Book 20, Number 20.60.200:
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 such a way that
it seems you have matted it."
Book 20, Number 20.60.201:
Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab
that Umar ibn al-Khattab said, "Anyone who has braided his hair, or
plaited it or matted it must shave his head."
Section: Doing the Prayer in the House, Shortening the Prayer, and Hastening
the Khutba at Arafa
Book 20, Number 20.61.202:
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 Kaba 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 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."
Book 20, Number 20.61.203:
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 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 a-lHajjaj 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 said, '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.' Then he began looking at 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.' "
20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and
the Jumua at Mina and Arafa
Book 20, Number 20.61.204:
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 jumua 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 jumua
prayer if the day of Arafa, the day of sacrifice or one of the three
days after the day of sacrifice, was a Friday.
Section: Doing the Prayer at Muzdalifa
Book 20, Number 20.62.205:
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.
Book 20, Number 20.62.206:
Yahya related to me from Malik from Musa ibn Uqba that Kurayb, the
mawla of Ibn 'Abbas, heard Usama ibn Zayd say, "The Messenger ofAllah,
may Allah bless him and grant him peace, left Arafa and then, when he
reached ash-Shib, 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."
Book 20, Number 20.62.207:
Yahya related to me from Malik from Yahya ibn Said 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.
Book 20, Number 20.62.208:
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used
to pray maghrib and isha together at Muzdalifa.
Section: Doing the Prayer at Mina
Book 20, Number 20.63.209:
Malik said that the people of Makka who are doing hajj should shorten
the prayer to two rakas when at Mina until they go back to Ma ka.
Book 20, Number 20.63.210:
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 raka prayers with only two rakas when at Mina, and that
Abu Bakr prayed them at Mina with only two rakas, and that Umar ibn
al-Khattab prayed them at Mina with only two rakas, and that Uthman
prayed them at Mina with only two rakas for half of his khalifate, and
then later completed them.
Book 20, Number 20.63.211:
Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab
that Umar ibn al-Khattab prayed two rakas 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 rakas with them at Mina, but we have not heard
that he said anything to them on that occasion.
Book 20, Number 20.63.212:
Yahya related to me from Malik from Zayd ibn Aslam from his father
that Umar ibn al-Khattab prayed two rakas with the people of Makka,
and then, when he had finished, he said, "People of Makka, complete
your prayer, becausewe are a group of travellers." Later, Umar prayed
two rakas 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 rakas
at Arafa or four, and whether the amir of the hajj, if he was a Makkan,
should pray dhuhr and asr with four rakas 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 rakas 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."
Section: The Prayer of the Visitor of Makka or Mina
Book 20, Number 20.64.213:
Yahya related to me that Malik said, "Someone who comes to Makka at
or before the new moon of Dhu'l-Hij ja 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."
Section: Saying the Takbir During the Days of Tashriq
Book 20, Number 20.65.214:
Yahya related to me from Malik from Yahya ibn Said 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 mid-day 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 elsewhere, and all of the takbirs should be done. 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). Some one who is not doing hajj does not follow them except
for the takbirs during the days of tashriq."
Malik said, "The 'limited number of days' are the days of tashriq."
Section: Doing the Prayer at al-Muarras and al-Muhassab
Book 20, Number 20.66.215:
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."
Malik said, "No-one should go past al-Muarras 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."
Book 20, Number 20.66.216:
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.
Section: Staying Overnight at Makka on the Nights of Mina
Book 20, Number 20.67.217:
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."
Book 20, Number 20.67.218:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that
Umar ibn al-Khattab said, "No-one doing hajj should spend the nights
of Mina beyond al-Aqaba."
Book 20, Number 20.67.219:
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."
Section: Stoning the Jamras
Book 20, Number 20.68.220:
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.
Book 20, Number 20.68.221:
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 duas to Allah,
but he did not stop at the jamrat al-Aqaba.
Book 20, Number 20.68.222:
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.
Book 20, Number 20.68.223:
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."
Book 20, Number 20.68.224:
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 Muawiya ibn Abi
Sufyan.
Book 20, Number 20.68.225:
Yahya related to me from Malik that he asked Abd ar-Rahman ibn Qasim,
"From where did Qasim stonethe jamrat al-Aqaba?"and he replied, "From
wherever it was possible."
Yahya said that Malik was asked whether some one 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, bleeding.
If a sick man regains his health during the days of tashriq, he should
stone whatever stoning has been done for him and he must offer a sacrificial
animal."
Malik said, "I do not consider that someone who stones the jamras
or does say between Safa and Marwa without being in wudu has to repeat
anything, but he should not make a general practice of it."
Book 20, Number 20.68.226:
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."
Section: Indulgence with Respect to Stoning the Jamras
Book 20, Number 20.69.227:
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.
Book 20, Number 20.69.228:
Yahya related to me from Malik that
Yahya ibn Said 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 where 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."
Book 20, Number 20.69.229:
Yahya related to me from Malik from Abu Bakr ibn Nafi from his father
that the daughter of one of Safiyya bint Abi Ubayd'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 some one 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."
Book 20, Number 20.69.230:
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."
Book 20, Number 20.69.231:
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 cut off 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."
Section: A Menstruating Woman's Entering Makka
Book 20, Number 20.70.232:
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 and umra together, 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 say 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-Tanim 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
say between Safa and Marwa, then left ihram. Then 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.
Book 20, Number 20.70.233:
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.' "
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 women starts her period after she has already done tawaf
of the House and prayed, she does say 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."
Section: The Tawaf al-Ifada of a Menstruating Woman
Book 20, Number 20.71.234:
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 Huyy 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. "
Book 20, Number 20.71.235:
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 Huyy 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."
Book 20, Number 20.71.236:
Yahya related to me from Malik from AbuRijal 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.
Book 20, Number 20.71.237:
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 Huyy 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."
Malik said that Hisham said that Urwa said that A'isha said, "We have
publicized that, so why do people make their women stay on to their
inconvenience? 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.' "
Book 20, Number 20.71.238:
Yahya related to me from Malik from Abdullah ibn Abi Bakr from his
father 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 the 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."
Section: The Compensation (Fidya) for Killing Birds and Wild Animals in
Ihram
Book 20, Number 20.72.239:
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 rabbit, and a four month old
kid for a jerboa.
Book 20, Number 20.72.240:
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 shall be judged by two men of justice among you, a sacrificial animal
to reach the Kaba' (Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."
Book 20, Number 20.72.241:
Yahya related to me from Malik from Hisham ibn Urwa that his father
used to say, "For the female of wild animals a cow is given and for
the female of gazelles a sheep."
Book 20, Number 20.72.242:
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab
used to say, "For the pigeon of Makka, when it is killed, a sheep is
due."
Malik said, that if a man of the people of Makka were to enter ihram
for hajj or umra and there was a flock of Makkan pigeons in his house
and they were shut in and died, "I think that he should pay for that
with a sheep for each bird."
Book 20, Number 20.72.243:
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 there is a newly-born male or
female slave for the unborn child of a free woman. The value of the
newly-born slave is fifty dinars, and that is one-tenth of what the
blood-money for the mother would be.
"Birds from the eagle family, 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."
Section: The Fidya for Killing Locusts in Ihram
Book 20, Number 20.73.244:
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."
Book 20, Number 20.73.245:
Yahya related to me from Malik from Yahya ibn Said 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 Kab, "Come, let's decide." Kab said,
"A dirham," and Umar said to Kab, "You can find dirhams. A date is better
than a locust."
Book 20, Number 20.73.246:
Yahya related to me from Malik from Abd al-Karim ibn Malik al-Jazari
from Abd ar-Rahman ibn Abi Layla from Kab 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."
Book 20, Number 20.73.247:
Yahya related to me from Malik from Humayd bin Qays from Mujahid Abu'l
Hajjaj from Ibn Abi Layla from Kab ibn Ujra that the Messenger of Allah,
may Allah bless him and grant him peace, said to him, "Perhaps your
pests 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."
Book 20, Number 20.73.248:
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
Kab 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.'"
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."
Section: What to Do for Forgetfulness in the Rituals
Book 20, Number 20.74.249:
Yahya related to me from Malik from Ayyub ibn Abi Tamima as-Sakhtayani
from Said 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."
Section: Compensation (Fidya) in General
Book 20, Number 20.75.250:
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 makes, 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
muhrim 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 stones or hunts game 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 O how wrong is what he has
done! "
Malik said, concerning some one 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."
Book 20, Number 20.75.251:
Yahya related to me from Malik from Ibn Shihab from clsa 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 done before or
after without his saying, "Do it, and don't worry."
Section: The Hajj in General
Book 20, Number 20.76.252:
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, making tawba, serving, prostrating, praising our Lord. Allah
has promised truly and given His slave victory and defeated the tribes
alone."
Book 20, Number 20.76.253:
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."
Book 20, Number 20.76.254:
Yahya related to me from Malik from Ibrahim ibn Abi Abla from Talha
ibn Ubaydullah ibn Kariyz 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 Allah's disregard for 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?"
Book 20, Number 20.76.255:
Yahya related to me from Malik from Zihad ibn Abi Ziyad the mawla
of Abdullah ibn Ayyash ibn Abi Rabia from Talha ibn Ubaydullah ibn Kariyz
that the Messenger of Allah, may Allah bless him and grant him peace,
said, "The most excellent dua is the dua 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.'"
Book 20, Number 20.76.256:
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 Kaba,'' 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."
Book 20, Number 20.76.257:
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.
Book 20, Number 20.76.258:
Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala ad-Dili
from Muhammad ibn lmran al-Ansari that his father said that Abdullah
ibn Umar came upon him while he 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 it's shade. Abdullah ibn Umar
said, "Anything besides that?" and he said, "No, that was the only.
reason he 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.' "
Book 20, Number 20.76.259:
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 uneasy. 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," and she replied, "I am not going to obey him
when he is alive and disobey him when he is dead."
Book 20, Number 20.76.260:
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 Kaba was called al-Multazam.
Book 20, Number 20.76.261:
Yahya related to me from Malik that Yahya ibn Said 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 he said, "No," so Abu Dharr said "Resume what you are doing wholeheartedly."
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.' "
Book 20, Number 20.76.262:
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."
Section: The Hajj of a Woman without a Mahram
Book 20, Number 20.77.263:
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."
Section: Fasting in at-Tamattu
Book 20, Number 20.78.264:
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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