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."
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.
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.
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.' "
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."
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.
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."
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."
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.' "
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."
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."
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."
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.
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."
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."
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."
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."
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."
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."
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."
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.' "
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.'
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.' "
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.
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 ."
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.
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."
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)."
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.
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.
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."
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."
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."
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.
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.
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)
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."
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.
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.' "
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."
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."
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) .
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.
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."
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
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."
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
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."
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.' "
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.' "
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."
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.
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.
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."
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.
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."
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."
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."
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."
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
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. '
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."
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.' "
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."
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."
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.
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.' "
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.
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."
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.
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.
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
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."
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.
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?"
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.
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.' "
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.' "
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.
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."
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.' "
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."
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
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 ."
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."
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. "
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."
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
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 .
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.' "
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.
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.
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
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.
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
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."
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."
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.''
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."
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) .
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).
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.
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."
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.
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.
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.
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.
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."
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
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."
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
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.
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."
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."
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."
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.
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."
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."
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."
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."
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."
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.
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."
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. " ' "
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."
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 ."
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.
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."
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.
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.
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.
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)
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.
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.
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."'
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.
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."
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
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.
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."
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."
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.
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."
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."
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.
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
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.
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."
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."
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."
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
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."
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
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 ."
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
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.
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."
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
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."
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."
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."
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."
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."
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."
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."
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. "
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."
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
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
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."
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."
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.
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.' "
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.
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.
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.' "
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.
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."
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.' "
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."
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.
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."
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."
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."
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. ' "
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."
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.' "
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.
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.
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."
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
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."
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
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.
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.
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."
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.
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.
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.
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
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
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
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."
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
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."
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."
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.
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.
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."
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.
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."
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
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.
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."
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."
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."
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."
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.
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
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. "
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."
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.
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.' "
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
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.
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."
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."
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."
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."
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."
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."
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."
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."
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
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."
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."
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."
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."
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."
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?"
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.'"
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."
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.
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.' "
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."
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.
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.' "
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."
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."
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.