Bukhari

Hadith Commentary:
The correspondence between the hadith and the chapter is evident in that the Messenger of Allah (sallallahu alayhi wa sallam) was seated upon his mount and was explaining religious rulings.

Hadith Commentary:
1.
In one hadith it is stated that one should not use the backs of animals as pulpits.
(Sunan Abi Dawud, Al-Jihad, Hadith: 2567)
From this, it is understood that delivering sermons or issuing fatwas while riding an animal is not correct.
The way to reconcile both narrations is that one should not make it a habit to deliver speeches unnecessarily while sitting on the backs of animals; it is better to avoid this. However, in times of necessity, it is permissible.
Although it is better for the mufti to sit in a place with composure when issuing a fatwa, and this is also what caution demands, it is still permissible to inform a questioner of a ruling while standing or walking. However, the permissibility of teaching and instruction while walking or sitting on a mount cannot be derived, because the dignity of teaching and instruction is entirely different from that of issuing fatwas, etc.

2.
In the hadith that Imam Bukhari rahimahullah has presented to establish the chapter heading, there is no mention of a dabbah (animal).
However, in other narrations of this chapter heading, this word is present.
(Sahih al-Bukhari, Al-Hajj, Hadith: 1738)
Imam Bukhari rahimahullah often does this: he extracts rulings from narrations while keeping in view words that are not explicitly mentioned.

3.
On the Day of Sacrifice (Yawm al-Nahr), there are four acts:
Stoning (rami), slaughtering (dhabh), shaving the head (halq), and the circumambulation of visitation (tawaf al-ziyarah). In the case of performing these acts out of order, neither is expiation (kaffarah) necessary, nor is there any loss or sin in the Hereafter.
At the end of the hadith, the narrator states that regarding all the questions asked about precedence and delay, the Messenger of Allah sallallahu alayhi wa sallam gave the same answer: whatever act remains, perform it now; there is no harm in it.
A complete discussion will come in the Book of Hajj.

4.
The chapter heading established by Imam Bukhari rahimahullah has two parts:
(a)
Standing on a mount (waquf ‘ala al-dabbah).
(b)
Standing not on a mount (waquf ‘ala ghayr dabbah).
From this hadith, the second part is established.
From this, the position of Imam Malik rahimahullah is affirmed: that knowledge should be taught with dignity and composure.
Similarly, one should not issue fatwas while walking along the road, but Imam Bukhari rahimahullah’s position is that so many conditions should not be imposed that a questioner is unable to ask an urgent question.

Explanation:
(The limit of prejudice has been reached) The intention of Imam Bukhari, quddisa sirruh, is clear: that even at the time of stoning the Jamarat, it is permissible to ask about legal issues. On this occasion, whatever questions were asked of the Prophet sallallahu alayhi wa sallam, under «الدين يسر», the Prophet sallallahu alayhi wa sallam, disregarding precedence and delay, said that whatever acts have been missed, perform them now, there is no harm. The matter is absolutely straightforward and clear, but, alas, the author of Anwar al-Bari sees everywhere only this: that Imam Bukhari rahimahullah is writing here solely to refute the Hanafis. In his deficient opinion, it is as if the entire Sahih collection was written from beginning to end solely to refute the Hanafis. His words are as follows:

SA "The humble opinion (of the author of Anwar al-Bari) is that Imam Bukhari rahimahullah, as per his habit, adopts whichever opinion he chooses, and, according to Shah Sahib, brings hadiths in accordance with that, neglecting the other side. Therefore, in the matter of the order of the acts of Hajj, since he is opposed to the opinion of Imam Abu Hanifah rahimahullah, he has, in support of his own view, repeatedly brought the hadith «الباب افعل ولاحرج»." [انوار الباري،جلد4،ص: 104] EA

It appears that the author of Anwar al-Bari has complete knowledge of the heart of Imam Bukhari rahimahullah; that is why he is passing such a verdict on his conscience. The teaching of Islam was that Muslims should think well of one another, but here there is ill suspicion. Astaghfirullah.

Further, the author of Anwar al-Bari clarifies:

SA "Today, with this very kind of extremism, our non-muqallid brothers and the Najdi scholars of the Haramain Sharifain form a front against the Hanafi Imams, and, to provoke the Hanafis, they present the one-sided hadiths of Imam Bukhari rahimahullah." [حواله مذكور] EA

Much could be written in response to this accusation of the author of Anwar al-Bari. There is a principle «المرء يقيس على نفسه» (a person judges others by his own self). Since this extremism and provocation is manifest and evident in many places in the book Anwar al-Bari, he views others through the same lens, whereas the facts are entirely contrary to this. It is a matter of great gratitude that here he has at least referred to his most criticized group, Ahl al-Hadith, as "non-muqallid brothers." May Allah make this brotherhood with the non-muqallids not a mere imitation of the brothers of Yusuf, and we are certain that it will never be so. May Allah Most High grant us all mutual unity for the protection of the honor of Islam. Such precedence and delay is excused on such occasions by mistake. This is the very intent of the hadith; provoking the Hanafis is not the intention of Imam Bukhari rahimahullah.

Hadith Commentary:
1.
It is mentioned in the hadith that the circumambulation (tawaf) of the House of Allah, the running (sa’i) between Safa and Marwah, and the stoning of the pillars (rami al-jimar) are for the establishment of the remembrance of Allah (dhikr Allah).
(Sunan Abi Dawud, Al-Manasik, Hadith: 1888)
The intention of Imam Bukhari rahimahullah is that, in light of this hadith, if a person is engaged in the remembrance of Allah during the stoning of the pillars (rami al-jimar), is it permissible to ask and answer questions in such a state or not? Imam Bukhari rahimahullah has established its permissibility from the aforementioned hadith. In reality, there are two types of remembrance (dhikr):
One is such that, while engaged in it, it is not permissible to pay attention to anything else, as in the case of prayer (salah) and the like. The second type is such that, during engagement in it, neither is conversation prohibited nor is it impermissible to pay attention elsewhere, such as during the stoning of the pillars (rami al-jimar) and circumambulation (tawaf), etc.
At this point, the intention is not to discuss the rulings of Hajj, as they will be discussed in the Book of Hajj.
It has been mentioned in the Book of Knowledge (Kitab al-‘Ilm) for the purpose of clarifying the status and rank of knowledge.
That is, knowledge is so important that even interrupting the remembrance of Allah to answer scholarly questions is permissible. However, the narrator’s statement in the hadith is in these words: “I saw the Messenger of Allah sallallahu alayhi wa sallam at the pillar (jamrah),” which does not establish that the Messenger of Allah sallallahu alayhi wa sallam was actually performing the stoning (rami al-jimar) at that moment. The answer given is that the presence of the Messenger of Allah sallallahu alayhi wa sallam at the pillar (jamrah) could be in two situations:
Either he was performing the stoning (rami), or after the stoning he was engaged in supplication (du’a), and supplication is also worship (‘ibadah). Therefore, regardless of the situation in which the question was asked, it was asked during worship, and the Prophet sallallahu alayhi wa sallam did not say to the questioners that he was engaged in worship at that moment; rather, he answered their questions.
Thus, it is established that in those acts of worship in which conversation is permitted, if a question is asked to a scholar during them, it is permissible for him to answer.

2.
From this, it becomes evident how deep and profound Imam Bukhari rahimahullah’s knowledge was, and how high his status was in reliability and jurisprudence! But may envy and malice be ruined, for they make a person completely blind. Thus, Amin Ahsan Islahi, under the guise of “Tadabbur Hadith,” expressed the malice of his inner self in these words:
“This is a chapter over which even our hadith scholars have beaten their heads, that this chapter has been established absolutely pointlessly.”
(Tadabbur Hadith: 1/223)
However, Allamah Isma’ili objected to Imam Bukhari rahimahullah that if a chapter is to be established on such a matter, then there should have been three chapters on this hadith:
1.
Chapter: Asking questions during the stoning of the pillars (Bab al-Su’al ‘inda Rami al-Jimar).
2.
Chapter: Asking and being asked while mounted (Bab al-Su’al wa al-Mas’ul ‘ala al-Rahil).
3.
Chapter: Asking questions on the Day of Sacrifice (Bab al-Su’al Yawm al-Nahr).
The answer to this objection has been given by Hafiz Ibn Hajar rahimahullah, that among these three headings, one has already appeared previously, i.e., giving a legal verdict (fatwa) while mounted on a riding animal, etc.
(Chapter number 23)
There too, this same hadith was presented.
Then Imam Bukhari rahimahullah, disregarding the place, considered the time and occasion and established the heading.
The reason for this particularity is that it is the day of Eid.
Due to this, a person might think that perhaps, because of amusement and play on the day of Eid, it is not permissible to ask scholarly questions.
Imam Bukhari rahimahullah’s intention is to show that even on this day, the process of questions and answers can continue.
(Fath al-Bari: 1/297)
Even after our clarification, if someone still wants to beat his head, let him do so; let him mourn his own intellect and wisdom. What need is there to accuse or slander the noble hadith scholars?

Hadith Commentary: Benefits and Issues: According to most jurists and hadith scholars—including Imam Shafi’i rahimahullah, Ishaq rahimahullah, Abu Yusuf rahimahullah, and Muhammad—the position is that the prescribed order of the four acts on the days of sacrifice is Sunnah (recommended), not obligatory or compulsory. If a person forgets this order and performs an act that should come earlier after a later one, or vice versa—whether intentionally, out of forgetfulness, or due to ignorance—there is no sin upon him nor is any sacrifice required, as is established from the statement of the Prophet sallallahu alayhi wa sallam: “There is no harm in it.” Imam Ahmad rahimahullah also holds that the order is Sunnah; if someone reverses it out of forgetfulness or ignorance, no sacrifice is required. However, if he does so intentionally, then two opinions are narrated from Imam Ahmad rahimahullah: according to one, a sacrifice is required, and according to the other, it is not.

According to Hasan al-Basri, Ibrahim rahimahullah, Nakh’i rahimahullah, and Imam Abu Hanifah rahimahullah, for the individual performing Hajj alone (mufrid), the order of all these acts is Sunnah. However, for the one performing tamattu’ (muttamatti’) and the one combining Hajj and ‘Umrah (qarin), the order between stoning (rami), sacrifice (udhiyah), and shaving or trimming the hair (halq or taqsir) is obligatory (wajib). If this order is reversed, then for the muttamatti’ one additional animal must be sacrificed, and for the qarin, two animals are required. According to Zufar, three animals must be sacrificed.

According to Imam Malik rahimahullah, if someone shaves his head before offering the sacrifice, no sacrifice is required. But if he shaves before stoning, then a sacrifice is required. According to Imam Malik rahimahullah, if someone performs the tawaf al-ifadah before stoning, then according to one opinion, the tawaf is valid but a sacrifice is required; according to another opinion, the tawaf al-ifadah must be repeated at its proper time.

According to the rest of the Imams, the tawaf al-ifadah is valid and neither a sacrifice nor repetition is required. The essential point is that we should perform the acts as the Prophet sallallahu alayhi wa sallam did, and not adopt our own or anyone else’s opinion.

Hadith Commentary:
This was said by him merely due to forgetfulness or error; otherwise, to do so intentionally is not permissible.
Imam Bukhari rahimahullah derived from this that in the acts of Hajj, the Messenger of Allah sallallahu alayhi wa sallam did not prescribe any expiation (kaffarah) or ransom (fidyah) for mistakes made out of forgetfulness. Similarly, if someone breaks an oath (qasam) out of forgetfulness, expiation does not become obligatory (Wahidi).
In the chain of narration, Abdullah ibn Amr ibn al-As Sahmi Qurashi radi Allahu anhu is mentioned; he was a great worshipper, scholar, memorizer, and reciter of the Qur’an.
He had sought permission from the Messenger of Allah sallallahu alayhi wa sallam to write down his ahadith, and he was granted permission.
Thus, he is among the earliest compilers of the Prophetic ahadith.
At night, he would extinguish the lamp and stand in prayer, weeping profusely.
As a result, his eyes became impaired.
He passed away during the days of the Harrah incident, in the month of Dhu al-Hijjah, 63 AH. Radi Allahu anhu wa ardah. Ameen.
The correspondence of this hadith with the chapter heading is difficult.
However, perhaps Imam Bukhari, by bringing this narration, is alluding to another route of this narration.
In that version, it is stated that the third time, the man said, “By the Lord who sent you with the truth, I cannot pray better than this.” Such an oath is also included in the verse:
﴿لَا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ﴾ ().

Hadith Commentary:
(1)
Regarding the three pillars of Hajj—sacrifice (dhabh), shaving the head (halq), and stoning (rami)—it is stated that there is no harm in performing them out of order due to forgetfulness. The Prophet sallallahu alayhi wa sallam established this principle on the basis of forgetfulness and error, because intentionally performing them out of order is not permissible.

(2)
Imam Bukhari rahimahullah has established that when, concerning the pillars of Hajj, the Messenger of Allah sallallahu alayhi wa sallam did not prescribe any expiation (kaffarah) nor made ransom (fidyah) obligatory for performing them out of order, then the same rule applies to oaths (qasam): if an oath is broken due to forgetfulness, error, or oversight, then expiation (kaffarah) will not be obligatory for it either.

Hadith Authentication:
[وأخرجه البخاري 83، 1736، ومسلم 1306، من حديث مالك به]

Jurisprudential Understanding
➊ If, due to ignorance, there is any precedence or delay in throwing the pebbles (ramy al-jamarat) or in offering the sacrifice (qurbani), then there is no harm and no expiatory sacrifice (dam, i.e., slaughtering a goat) is obligatory.
➋ If, after gaining knowledge, any obligatory act is omitted, then an expiatory sacrifice (dam) must be given. The statement of Sayyiduna Ibn Abbas radi Allahu anhuma is:
«من نسي من نسكه شيئًا أو تركه فليهرق دمًا»
“Whoever forgets or omits any (obligatory) act from his Hajj or Umrah, then an expiatory sacrifice (dam) is due upon him, meaning he must slaughter a goat and distribute it among the needy of the Haram.” [السنن الكبريٰ للبيهقي 5/30 وسنده صحيح، الموطأ للامام مالك 1/419 ح968 وسنده صحيح]
➌ The summary of one hadith is that if a pilgrim is unable to perform the circumambulation (tawaf) before the evening of the Day of Sacrifice (10th Dhu al-Hijjah), then all the restrictions of ihram will return upon him, meaning he will have to re-enter the state of ihram until he performs the tawaf al-ziyarah. See: [سنن ابي داؤد 1999 وسنده حسن وصححه ابن خزيمه 2958]
➍ The people of knowledge should, during the days of Hajj (and before and after them), inform the people of matters of knowledge in accordance with the Book and the Sunnah and the evidences of the Shari‘ah.
➎ There is consensus that the pilgrim and the one performing Umrah will not cut or have their hair cut while in the state of ihram. If, due to a legitimate Shari‘ah excuse, one is compelled to have the hair cut, then an expiatory sacrifice (dam) must be given.
➏ After throwing the pebbles at Jamrah al-‘Aqabah, shaving the head (halq) is superior, and trimming the hair is permissible.
➐ For detailed rulings of Hajj and Umrah, see my (translated and verified) book “The Pilgrim’s Day and Night.”

631 Lexical Explanation:
«وقف فى حجة الوداع» On the tenth of Dhu al-Hijjah, after the sun had passed its zenith, the Prophet sallallahu alayhi wa sallam stood by the Jamrah on his mount to deliver a sermon.

«لم اشعر» In «اشعر», there is a dammah on the letter ‘ayn. That is, it means: I did not become aware of it. I did not understand.

«قدم ولا اخر» Both of these are passive forms from the bab taf‘il (causative form). It should be noted that on the day of sacrifice (Yawm al-Nahr), four acts are to be performed by the pilgrims in order: the first is to stone the Jamrah al-‘Aqabah, the second is to offer the sacrifice (qurbani), the third is to shave the head or cut the hair, and the fourth is to perform the Tawaf al-Ifadah. The scholars are agreed and unanimous that this sequence is legislatively required and intended. However, there is a difference of opinion among them regarding the permissibility of changing the order of some of these acts. Similarly, there is also a difference regarding the obligation of offering a compensatory sacrifice (dam) if the order is changed. This hadith supports those scholars who hold the view that it is permissible to advance or delay these acts and that a compensatory sacrifice (dam) is not required.

Benefit:
From this hadith, it is established that the pilgrims will perform these four acts in order on the day of 10th Dhul-Hijjah. On this day, all pilgrims are to perform these four acts: stoning (rami), animal sacrifice, circumambulation (tawaf), and shaving the head (halq). It is necessary to observe their sequence, but if, out of forgetfulness or ignorance, any act is performed out of order, then no expiatory sacrifice (dam) is required. Thus, it is proven that the Shariah is easy.