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Translation of
Malik's Muwatta:
Hajj
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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