Bukhari

Hadith Commentary: Qastallani said that the best time for throwing (rami) is until midday (zawal), and it is also excellent until before sunset, and after that it is still permissible. As for the time for shaving (halq) or shortening (qasr) the hair and for the Tawaf al-Ziyarah, there is no fixed time, but delaying them from the Day of Sacrifice (Yawm al-Nahr) is disliked (makruh), and delaying them beyond the Days of Tashreeq is severely disliked.

In summary, on the Day of Sacrifice, the pilgrim has four tasks to perform: rami, sacrifice (qurbani), and shaving or shortening the hair (halq or qasr). The order among these four is Sunnah, but not obligatory (fard). If any of these acts are performed out of order, there is no harm, as is evident from these hadiths.

Imam Malik, Shafi’i, Ishaq, and our Imam Ahmad ibn Hanbal—rahimahumullah—all hold this view. Imam Abu Hanifah—rahimahullah—says that a compensatory sacrifice (dam) becomes obligatory, and if the pilgrim is performing Qiran, then two compensatory sacrifices become obligatory.

(Wahidi)

When the Lawgiver (sallallahu alayhi wa sallam) himself has declared “no harm” (la haraj) in such situations, then making one or two compensatory sacrifices obligatory in these cases is not correct. Nowadays, the guides (mu’allimeen) trouble the pilgrims with such excuses and extort money from them—these actions are highly reprehensible.

Indeed, if there is a genuine legal shortcoming that warrants a compensatory sacrifice, then that is correct in its place. But to arbitrarily invent such things is very blameworthy.

This hadith also provides a lesson for the muftis of Islam: as far as possible, they should adopt the aspect of ease and gentleness for those seeking fatwa, in the light of the Book and the Sunnah, but there should be no leniency in the boundaries set by the Shari’ah.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah narrated the mentioned hadith through six routes, some with the text and some without the text.
The six routes are as follows:
(1)
Abdul Aziz bin Rafi’, from Ata’, from Ibn Abbas.
(2)
Qais bin Sa’d, from Ata’, from Jabir.
(3)
Ibn Khuthaim, from Ata’, from Ibn Abbas.
(4)
Abbad bin Mansur, from Ata’, from Jabir.
(5)
Ibn Khuthaim, from Sa’id bin Jubair, from Ibn Abbas.
(6)
Ikrimah, from Ibn Abbas.
Through the third route, this narration is mentioned in a suspended (mu’allaq) form, which Allamah Isma’ili has narrated with a connected chain.
The suspended narration of the fourth route has been narrated by Imam Ahmad in his Musnad.
The suspended narration of the fifth route has been narrated in Sunan an-Nasa’i with a connected chain.
(‘Umdat al-Qari: 7/335)
All of the aforementioned narrations pertain to the Farewell Pilgrimage (Hajjat al-Wada’).
That year, a large number of people participated in Hajj.
Some, due to unfamiliarity, performed the acts of the tenth of Dhul-Hijjah out of order, because on that day, stoning (rami) is done first, then the sacrifice (udhiyah) is slaughtered, after that the head is shaved (halq), and finally the Tawaf al-Ziyarah is performed. Also, on that day, the stoning (rami) must be done before sunset. However, if due to unfamiliarity these acts are performed out of order, there is no harm, as is mentioned in Sahih Muslim: The Messenger of Allah sallallahu alayhi wa sallam came to Mina on the tenth of Dhul-Hijjah for the people. A man came and said:
O Messenger of Allah! Out of ignorance, I shaved my head before sacrificing.
He sallallahu alayhi wa sallam said:
“Now perform the sacrifice, there is no harm.”
Another said:
O Messenger of Allah! Out of ignorance, I performed the sacrifice before stoning.
He said:
“Now perform the stoning, there is no harm.”
On that day, whatever question was asked regarding advancing or delaying these acts, he gave the same answer: Go and do it now, there is no harm in it.
(Sahih Muslim, Book of Hajj, Hadith: 3156(1306))
It is narrated from Ibn Abbas radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam was asked about sacrificing, shaving the head, stoning, and the advancing or delaying of these acts, and he said:
“There is no harm.” (Sahih al-Bukhari, Book of Hajj, Hadith: 1734)
(2)
Imam Bukhari wants to establish from these ahadith that the sacrifice should be performed before shaving the head, because from the question of the questioner it is understood that he knew that the sacrifice comes before shaving, but he did the opposite.
This is the basis of Imam Bukhari rahimahullah’s reasoning. Thus, it is narrated from al-Miswar bin Makhramah radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam performed the sacrifice before shaving the head and ordered his companions to do the same.
(Sahih al-Bukhari, Book of al-Muhsar, Hadith: 1811)
Although the mentioned order is from the occasion of the ‘Umrah of Hudaybiyyah, the prescribed (sunnah) order in Hajj is also the same, as Allamah al-Albani rahimahullah has established.
(Hajjatu an-Nabi sallallahu alayhi wa sallam by al-Albani, p. 85)
In summary, this order is sunnah, not obligatory.
If any act is performed out of order, there is no harm in it.

Hadith Commentary:
Regarding teaching and preaching, it was the noble habit of the Messenger of Allah (sallallahu alayhi wa sallam) that he would explain matters in great detail so that those present would not face any difficulty in understanding.
There is not such clarity in gestures of the hand, nor can every person comprehend them.
In view of all these ambiguities, Imam Bukhari (rahimahullah) has established its permissibility only when there is a need, not in general circumstances.

Hadith Commentary:
These are matters related to the Farewell Pilgrimage (Hajjat al-Wada‘).
They indicate the ease and simplicity of the religion, and are particularly noteworthy for those scholars who, over the smallest of issues, not only hold people accountable but even go so far as to accuse them of immorality (fisq) and disbelief (kufr).
In these delicate times, there is a great need for far-sightedness.
May Allah, the Exalted, grant the scholars of Islam this rank.
(Ameen)

Hadith Commentary:
(1)
All these incidents took place on the occasion of the Farewell Pilgrimage (Hajjat al-Wada‘).
They indicate the ease of the religion of Islam.
Even in such a delicate period, there is a need for far-sightedness like that of the Messenger of Allah (sallallahu alayhi wa sallam).
(2)
From this hadith, it is understood that there is no accountability upon one who errs or forgets; even if, due to forgetfulness or mistake, there is a shortcoming in the performance of an obligation (fard), it is not subject to accountability. Therefore, if an oath is broken due to forgetfulness, no expiation (kaffarah) will be required for it.
Imam Bukhari rahimahullah has presented this hadith for this very purpose.

Hadith Commentary:

In these situations, the Prophet (sallallahu alayhi wa sallam) did not declare any sin nor any expiation (fidyah) obligatory. This is the very position of the Ahl al-Hadith, and it is also the position of the Shafi'is and Hanbalis. The Malikis and Hanafis, however, hold that sequence (tartib) is obligatory in these matters, and that those who act contrary to this must offer a sacrificial animal (dam). It is evident that the statement of these scholars is not worthy of attention, since it is contrary to this hadith. For, when the speech of Mustafa (sallallahu alayhi wa sallam) exists, do not look at anyone else's statement or action.

Hadith Commentary:
(1)
This incident pertains to the Farewell Pilgrimage (Hajjat al-Wada‘). People had come from Makkah and its surrounding areas, as well as from the far and wide regions of Hijaz, and they were not fully acquainted with the rulings of Hajj. When, on the tenth day, there was precedence and delay in performing the rites of Hajj, the Messenger of Allah (sallallahu alayhi wa sallam) said that there is no sin in precedence or delay due to ignorance or forgetfulness, nor does any expiation (fidya) become obligatory because of it.

(2)
In this narration, there is no mention of performing an act out of forgetfulness or ignorance; however, in some other chains of this narration, forgetfulness and ignorance are explicitly mentioned. Thus, Imam Bukhari (rahimahullah) himself has narrated this hadith in which forgetfulness and ignorance are mentioned. See: (Hadith: 1736)

(3)
According to some scholars, the order of the rites on the tenth day is obligatory, and if done otherwise, a sacrificial animal (dam) becomes obligatory. However, this position is not worthy of consideration because it is contrary to authentic and explicit ahadith.

1983. Commentary: If on the Day of Sacrifice (the tenth day), the acts are performed in this order—that is, first the stoning of the Jamrah, then the sacrifice, then shaving (or cutting the hair), and then the Tawaf al-Ifadah—then this is the most virtuous. Otherwise, performing them out of order is also permissible.

(1) The time for stoning (rami) is during the day, but if it is not possible to perform the stoning during the day, then it will have to be done at night. However, this can only be done out of necessity. On the Day of Sacrifice (Yawm al-Nahr), four acts are performed in order: stoning (rami), sacrifice (qurbani), shaving the head (hajamat), and the farewell circumambulation (tawaf al-wada‘). However, if there is a disruption in this order, then according to this narration, there is no harm, because this order is Sunnah, not obligatory (fard). Even if, due to ignorance or mistake, the order is not maintained, the person is excused. There is no penalty upon him. Some jurists have interpreted this narration as negating sin, and in the case of disorder, they hold the opinion that an animal should be slaughtered, but there is no support for this from any marfu‘ narration. The majority of the scholars do not hold any penalty. It is narrated from Imam Abu Hanifah rahimahullah that if a qarin or mutamatti‘ has his head shaved before slaughtering the sacrificial animal, then as a penalty he must slaughter an animal. “And do not shave your heads until the sacrificial animal reaches its place of slaughter” (al-Baqarah 2:196). But what is meant by this is that one should not do so deliberately, as is indicated by “wa la tahliqu” (and do not shave). Otherwise, if it happens out of forgetfulness or ignorance, then there is no harm in it, as is evident from the noble statement of the Messenger of Allah sallallahu alayhi wa sallam. You are the Lawgiver (shari‘), and you certainly knew the intent of the Qur’an.

(2) The Noble Prophet sallallahu alayhi wa sallam conveyed the rulings of the religion as they ought to be conveyed, and the noble Companions radi Allahu anhum learned them with such diligence and dedication that they fulfilled the right of learning.