Bukhari

Hadith Commentary:
The relevance of the hadith to the chapter is that the Prophet (sallallahu alayhi wa sallam) forbade Al-Fadl ibn Abbas (radi Allahu anhuma) from looking towards a non-mahram woman.

Hadith Commentary:
(1)
The relevance of this hadith to the chapter heading is that the Messenger of Allah (sallallahu alayhi wa sallam) practically forbade Al-Fadl ibn Abbas (radi Allahu anhu) from looking at a non-mahram woman. In any case, the believers have been commanded to lower their gazes so that they may be protected from the poisonous and dangerous trial of lustful glances.

(2)
Some scholars have deduced from this hadith the issue that it is not obligatory for a woman to cover her face, because the Messenger of Allah (sallallahu alayhi wa sallam) did not command the woman to cover herself, but rather turned the face of Al-Fadl ibn Abbas (radi Allahu anhu) away. If covering the face were obligatory, then the Messenger of Allah (sallallahu alayhi wa sallam) would certainly have ordered her to cover her face, as is apparent from the approach of the commentator of Sahih al-Bukhari, Ibn Battal (see Fath al-Bari: 11/14). However, this position is questionable both rationally and textually, because the face of a woman is the very thing that is most attractive to a man among all her body parts. If the face itself is exempted from hijab, then what is the benefit of the other rulings of hijab? And textually, it is incorrect because the practice of Aisha (radi Allahu anha) is contrary to this interpretation. Regarding the incident of Ifk, Aisha (radi Allahu anha) narrates as follows:

“I remained sitting in that place. Meanwhile, sleep overcame me. Suddenly, a man, Safwan ibn al-Mu’attal (radi Allahu anhu), came to that spot and saw that someone was sleeping. As soon as he saw me, he recognized me, because he had seen me before the command of hijab was revealed. Upon seeing me, he recited ‘Inna lillahi wa inna ilayhi raji’un,’ and I woke up. I immediately covered my face with my sheet.” (Sahih al-Bukhari, al-Maghazi, Hadith: 4141)

Aisha (radi Allahu anha) was so strict regarding hijab that even in the state of ihram, she would conceal her face from non-mahram men. She narrates that caravans of men would pass by us while we were with the Messenger of Allah (sallallahu alayhi wa sallam) in the state of ihram. When they would come near us, we would let our veils drop from our heads over our faces, and when they had passed, we would uncover our faces again. (Musnad Ahmad: 30/6)

Imam Abu Dawud (rahimahullah) has titled this hadith with the words:

(Bab fi al-muhrimah taghatti wajhaha)
“A woman in the state of ihram covers her face.” (Sunan Abi Dawud, al-Manasik, Chapter: 33)

Imam Ibn Majah (rahimahullah) has titled this hadith as:

(Bab al-muhrimah tasdilu al-thawb ‘ala wajhiha)
“A woman in ihram also lets her garment hang over her face.” (Sunan Ibn Majah, al-Manasik, Chapter: 23)

Similarly, a narration from Umm Salamah (radi Allahu anha) states that they would cover their faces from non-mahram men even in the state of ihram. (Sunan al-Daraqutni: 295/2, al-Hajj, Hadith: 263)

It is narrated from Asma bint Abi Bakr (radi Allahu anha) that she would conceal her face from non-mahram men in the state of ihram. (al-Mustadrak lil-Hakim: 454/1)

The Noble Qur’an says regarding a daughter of a prophet:

“One of the two women came to him walking with shyness.” (al-Qasas 28:25)

The manner of walking with shyness is described in these words: she came with her hand placed over her face. (al-Mustadrak lil-Hakim: 441/2)

(3)
In this regard, there is a clear text of the Noble Qur’an. Allah the Exalted says:

“O Prophet! Tell your wives, your daughters, and the believing women to draw their cloaks over themselves. That is more likely that they will be recognized and not be harmed.” (al-Ahzab 33:59)

In this noble verse, all believing women are told that when they go out, they should let their cloaks hang down from above their heads, i.e., they should draw a veil. Linguistically, this is the meaning of the verse, because “adna” in Arabic means: to bring close, to lower, and to let hang. When it is followed by “ala,” it specifically means to let hang down from above, and when the meaning is to let hang down, it means to let it hang from the head down, which automatically includes covering the face.

(4)
To establish the non-obligation of covering the face from the aforementioned hadith is questionable, because the Khath’amite woman not covering her face was due to some necessity or benefit, as Hafiz Ibn Hajar (rahimahullah) has clarified with reference to a hadith. He writes:

“Al-Fadl ibn Abbas (radi Allahu anhu) narrates that I was riding behind the Messenger of Allah (sallallahu alayhi wa sallam). Suddenly, a Bedouin appeared before us with his beautiful daughter, whom he wanted to present to the Messenger of Allah (sallallahu alayhi wa sallam) so that he might marry her. His purpose was that the Messenger of Allah (sallallahu alayhi wa sallam) would listen to her and see her himself.” (Fath al-Bari: 4/89)

For such a necessity or benefit, it is permissible for a woman to uncover her face. Since it was not permissible for Al-Fadl (radi Allahu anhu) to look, the Prophet (sallallahu alayhi wa sallam) practically forbade him. And Allah knows best.

(5)
There are a few exceptional cases regarding covering and hijab as follows:

٭ Coincidences:
These can be of several types, for example:
(a)
A woman lifting her veil when there are no men on the road, and then a man appears unexpectedly.
(b)
A gust of wind blows a woman’s garment, exposing her adornment or face.
(c)
While climbing onto a roof, one suddenly looks into the courtyard of another house.
In such situations, the first accidental glance is excused. Any subsequent glance is blameworthy.

٭ Benefit:
For some benefit, it is permissible for a woman to uncover her face, for example:
Before engagement, it is legally permissible for the prospective husband and wife to look at each other once. For this benefit, a woman may uncover her face.

٭ Necessity:
For a specific necessity, it is permissible to uncover the face, for example:
Uncovering the face, hands, or any part of the body before a physician for treatment; similarly, in times of war, if there is a need for women, the rulings of covering and hijab may be relaxed as needed.

٭ Compulsion:
Due to some compulsion, it is permissible to uncover the face, for example:
If a house catches fire, or in the case of a flood, or if the roof of a house collapses, then in such situations, the rulings of covering and hijab are lifted.

And Allah knows best.

Hadith Commentary:
From this hadith, Imam Bukhari deduced that when the Sunnah (prescribed act) is not dropped due to death and the guardian (wali) is instructed to fulfill it, then, all the more so, zakat will not be dropped due to death or by means of legal stratagem (hiyal), and this is the correct view.

The Hanafis state that upon the death of the one liable for zakat, it is not obligatory upon the heirs to pay from his estate the zakat that was due upon him.

This ruling of the Hanafis is in clear contradiction to the hadith of Sa’d, because the mother of Sa’d had passed away, but regarding the vow (nazr) that remained upon her, the Messenger of Allah (sallallahu alayhi wa sallam) instructed Sa’d (radi Allahu anhu) to fulfill it.

The same ruling should apply to zakat as well.

Hadith Commentary:
➊
This hadith shows that if someone made a vow (nadhar) and passed away before fulfilling it, then it is obligatory upon his heirs to fulfill that vow. Just as the mother of Sa’d radi Allahu anhu had passed away while a vow was due upon her, so the Messenger of Allah sallallahu alayhi wa sallam ordered Sa’d radi Allahu anhu to fulfill her vow.
Similarly, the ruling of zakat is that after the death of the one upon whom zakat was obligatory, it does not lapse; rather, the heirs should first pay the zakat from his wealth, and then distribute his inheritance.
When a vow does not lapse due to death, then zakat, all the more so, will not lapse.

➋
At this point, some individuals have raised the discussion of the permissibility and enforcement of legal stratagems (hiyal), but this is nothing more than wordplay.
According to Imam Bukhari rahimahullah, both the permissibility and enforcement of legal stratagems are prohibited.
In any case, any stratagem employed to evade the commands of Allah has no validity in the Shari’ah; rather, on the Day of Judgment, such a person will certainly be held accountable.
And Allah knows best.

Hadith Commentary:
(1)
What was the vow (nadhar) incumbent upon the mother of Sa’d radi Allahu anhu? There is a difference of opinion regarding its specification. Some scholars are of the view that it was a vow of fasting, as is understood from a narration in Sahih Muslim, in which a man came to the Messenger of Allah sallallahu alayhi wa sallam and said:
O Messenger of Allah! My mother passed away while she still owed a month of fasting. Should I fast on her behalf? The Prophet replied:
“Yes.”
(Sahih Muslim, Kitab al-Siyam, Hadith: (154) 1148)
However, in this narration, it is not certain that the man was Sa’d radi Allahu anhu.
Some scholars say that the mother’s vow was related to a financial charity, as is understood from a narration in the Muwatta of Imam Malik, but in that narration, the vow is not explicitly mentioned.
(Al-Muwatta’ of Imam Malik, Kitab al-Aqdiyah, Hadith: 1515)
From the apparent narrations, it seems that her vow was related to wealth.

(2)
This hadith also shows that it is necessary to fulfill the obligatory rights owed by the deceased.
The majority of scholars are of the opinion that if someone dies and owes a financial vow, it is necessary to fulfill it from his estate, even if the deceased did not make a bequest for it. However, if the vow was made during a terminal illness, then it can be fulfilled from one third of the wealth.
And Allah knows best. (Fath al-Bari: 11/713)

Hadith Commentary:
➊
From this hadith, the noble hadith scholars (rahimahumullah) have established proof against the deniers of analogy (qiyas). For instance, Ibrahim Nazzam, Dawud ibn Ali al-Zahiri, Imam Ibn Hazm, and some of the Mu'tazilah have denied the authority of analogy (qiyas). However, the consensus of the Ummah is that analogy (qiyas) can be employed with correct conditions, because the issues that arise for the Ummah cannot be resolved without it. Nevertheless, there should not be excessive expansion in its use, as our jurists (fuqaha) have described such hypothetical cases that are not only difficult to accept as correct, but impossible.
It is unfortunate that these individuals did not observe any of the boundaries and conditions set for correct analogy (qiyas), and then wrote about such issues that outsiders began to look at the Islamic Shari'ah with doubt and suspicion.
We seek refuge with Allah.
➋
In any case, in this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) made an analogy (qiyas) between the repayment of Allah’s debt and the repayment of people’s debts, which the woman herself accepted.
The purpose of the Messenger of Allah (sallallahu alayhi wa sallam) was to make her understand.
If analogy (qiyas) is made while keeping these conditions and objectives in view, then there is no alternative but to accept it.
And Allah knows best.

Hadith Commentary:

From this hadith, the permissibility of performing Hajj on behalf of another (badal Hajj) is established; however, this Hajj is only permissible for one who has already performed his own obligatory Hajj. As is clarified in the hadith of Shubrumah. In the narration, the mention of the Farewell Pilgrimage (Hajjat al-Wada') is present, and this is the relevance to the chapter.

Hadith Commentary:
The meaning of the hadith is that when the verse of Hajj was revealed, at that time my father was extremely old; therefore, Hajj did not become immediately obligatory upon him, and due to the delay, he was no longer in a position to sit on a mount (for travel).
In such circumstances, is it permissible for someone else to perform Hajj on his behalf (Hajj badal)? The Prophet (sallallahu alayhi wa sallam) said:
"You may perform it on his behalf."
However, Hajj badal is only permissible if the person performing Hajj badal has already performed Hajj for himself, as is clarified in the hadith of Shubrumah.
(Sunan Abi Dawud, Manasik, Hadith: 1811.)
Since this hadith mentions the Farewell Pilgrimage (Hajjat al-Wada‘), Imam Bukhari (rahimahullah) has narrated it here.

Hadith Commentary:
The correspondence between the chapter and the hadith is evident in that the Messenger of Allah (sallallahu alayhi wa sallam) instructed him to fulfill his mother's vow. It is thus understood that the fulfillment of such obligations of the parents is incumbent upon the children.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah, through the aforementioned narration of Ibn Abbas radi Allahu anhu, has clarified an ambiguity found in the hadith narrated from Aisha radi Allahu anha, namely that the person mentioned therein refers to Sa’d bin Ubadah radi Allahu anhu.

(2)
From the narrations, there appears to be a contradiction in the statements of Sa’d radi Allahu anhu, because in one narration it is stated:
“My mother had a vow (nazr) upon her.”
In another narration it is stated:
“My mother passed away in my absence; if I give charity (sadaqah) on her behalf, will she benefit from it?”
The answer to this is that it is possible Sa’d radi Allahu anhu asked about both his mother’s vow (nazr) and giving charity (sadaqah) on her behalf.

(3)
In any case, from this hadith the second part of the chapter heading is established: if there is a vow (nazr) upon the deceased, the heirs should fulfill it.
Children should fulfill such obligations of their parents as are mentioned in the hadith.

Hadith Commentary:
This heading consists of three parts, the details of which are as follows:
➊ Hajj on behalf of another (Hajj badal), that is, performing Hajj for someone else.
This is evident from the narration.
It is also understood from this that a person who himself possesses the ability to perform the obligatory Hajj cannot appoint someone else as his deputy.
➋ Fulfilling a vow (nadhar) on behalf of the deceased, meaning that the obligatory rights of the deceased should be fulfilled because the deceased had made a vow to perform Hajj.
When it is permissible to make up (qada) the vow of Hajj, then making up other vows will also be permissible.
➌ A man performing Hajj on behalf of a woman, whereas the narration establishes a woman performing Hajj on behalf of another woman; however, a man can, with even greater reason, perform Hajj on behalf of a woman because a man's Hajj is superior to a woman's Hajj.
There are more rites (manasik) in a man's Hajj compared to a woman's Hajj, so when it is permissible for a woman to perform Hajj on behalf of another woman, then it is even more permissible for a man to perform Hajj on behalf of a woman.

(2)
In fact, Imam al-Bukhari rahimahullah has alluded to a narration which he himself has narrated at another place, the wording of which is as follows:
A man came to the Messenger of Allah sallallahu alayhi wa sallam and said that his sister had made a vow to perform Hajj but she passed away before fulfilling it.
(Sahih al-Bukhari, al-Ayman wa’l-Nudhur, Hadith: 6699) (3)
Hafiz Ibn Hajar rahimahullah, while discussing this hadith in Fath al-Bari, made an error.
He said:
In this hadith it is stated:
“A woman inquired about performing Hajj on behalf of her father.”
(Fath al-Bari: 4/84)
Whereas in the hadith it is stated:
“A woman inquired about performing Hajj on behalf of her mother.” The hadith to which Hafiz Ibn Hajar rahimahullah alluded will be mentioned under the next heading.

Hadith Commentary:

The name of this woman is not known. From this hadith, it is derived that if a living person becomes unable (to perform Hajj), then another person can perform Hajj on their behalf. It is also evident that a woman can perform such a substitute Hajj (Hajj badal) on behalf of a man.

Hafiz Ibn Hajar rahimahullah states:
“And among the benefits of this hadith is the permissibility of performing Hajj on behalf of another. The Kufans have used its generality as evidence for the validity of the Hajj of one who has not performed Hajj for himself, if he performs it as a proxy for someone else. The majority (jumhur), however, have opposed them and have restricted it to one who has already performed Hajj for himself. They have taken as evidence what is found in the Sunan and in the Sahih of Ibn Khuzaymah and others, from the hadith of Ibn Abbas radi Allahu anhu, that the Prophet sallallahu alayhi wa sallam saw a man calling out the talbiyah on behalf of Shubrumah. He (the Prophet) said: ‘Have you performed Hajj for yourself?’ He replied: ‘No.’ He (the Prophet) said: ‘Perform Hajj for yourself first, then perform Hajj for Shubrumah.’” (Fath al-Bari)

That is, among the benefits of this hadith is that it is permissible to perform Hajj on behalf of another, and the Kufans have used its generality as evidence that the Hajj of one who has not yet performed his own Hajj is also valid in deputation. The majority, however, have opposed them and have restricted it to one who has already performed his own personal Hajj. They have taken as evidence the hadith which the authors of the Sunan and Ibn Khuzaymah and others have transmitted from the hadith of Ibn Abbas radi Allahu anhu, that the Messenger of Allah sallallahu alayhi wa sallam saw a man calling out the talbiyah on behalf of Shubrumah. The Prophet sallallahu alayhi wa sallam asked: “Who is Shubrumah?” He informed him. Then the Prophet asked: “Have you performed your own personal Hajj?” He replied in the negative. The Prophet sallallahu alayhi wa sallam said: “First perform Hajj for yourself, then perform Hajj for Shubrumah.”

From this hadith, it is clearly evident that the person who is appointed to perform Hajj badal must have already performed his own Hajj. Hafiz Ibn Hajar states:
“And in it is that whoever dies and Hajj is obligatory upon him, it is obligatory upon his heir to arrange for someone to perform Hajj on his behalf from his principal wealth, just as it is obligatory to settle his debts. There is consensus that the debt owed to a human being is to be paid from the principal wealth, and likewise, anything similar to it in terms of fulfillment. And included with Hajj is every right that is established as a liability upon him, such as expiation (kaffarah), vow (nadhar), zakat, or anything else.” (Fath al-Bari)

That is, it is also (derived) that if a person dies and Hajj was obligatory upon him, then it is the duty of the heirs to arrange from his principal wealth for someone else to be sent for Hajj badal on his behalf. This is as necessary as the payment of his debts, and likewise, any expiation, vow, zakat, etc., that was obligatory upon him.

Hadith Commentary:
(1)
This hadith is narrated through various chains.
In some narrations, it is mentioned that the questioner was a man who asked about his father.
In some, it is stated that a woman asked the question.
In some narrations, it is reported that the question was about the mother.
Hafiz Ibn Hajar rahimahullah writes that the questioner was a man and his daughter was with him.
She also asked a question, and the one about whom the question was asked was both the father and the mother.
This is supported by a narration in which Hazrat Fadl bin Abbas radi Allahu anhu states:
I was riding behind the Messenger of Allah sallallahu alayhi wa sallam when a Bedouin came, and behind him was his beautiful daughter riding.
I began to look at her.
(Musnad Ahmad: 211/1)
In light of this narration, it can be said that first the girl asked about her grandfather and referred to him with the word "Abi" (my father), because the word "father" can be used for grandfather.
Then her father himself asked about his own father.
It is possible that he also asked about his mother.
(Fath al-Bari: 89/4)
Shaykh al-Albani rahimahullah has declared those narrations in which the questioner was a man to be shaadh (anomalous).
(2)
It should be clear that a woman can perform Hajj on behalf of a man, but for several reasons, a woman's Hajj is distinct:
٭ A woman can wear sewn clothing.
٭ She can wear socks.
٭ She can cover her head.
٭ She cannot raise her voice for the talbiyah.
٭ She cannot perform raml (walking briskly) during tawaf.
٭ She also cannot perform idtiba‘ (exposing the right shoulder) during tawaf.
٭ If she omits the farewell tawaf (tawaf al-sadr), no expiation (dam) is required of her.
٭ Due to menstruation, she can delay the tawaf al-ziyarah, and in this case, no expiation (dam) is required of her.
And Allah knows best.

Hadith Commentary:
From this hadith, it is derived that performing Hajj on behalf of another (by proxy) is permissible.
However, only that person may perform Hajj on behalf of another who has already fulfilled his own obligatory Hajj.
According to the Hanafis, it is permissible in all cases, but their view is refuted by the hadith which Ibn Khuzaymah and the authors of the Sunan have narrated from Ibn Abbas (radi Allahu anhu): The Prophet (sallallahu alayhi wa sallam) heard a man calling out the talbiyah on behalf of Shubrumah. He asked, “Have you performed Hajj for yourself?” He replied, “No.” The Prophet (sallallahu alayhi wa sallam) said, “First perform Hajj for yourself, then perform it on behalf of Shubrumah.”
Similarly, after a person’s death, Hajj can be performed on his behalf, provided he had made a bequest for it.
Some scholars have also permitted Hajj on behalf of parents even without a bequest.
(Wahidi)
One type of Hajj is Hajj al-Badal (substitute Hajj), which is performed by proxy on behalf of someone who is incapacitated or deceased.
At the time of making the intention, along with the talbiyah, the name of the person on whose behalf the Hajj is being performed should be mentioned.
For example, if a person is performing Hajj on behalf of Zayd, he should say: “Labbayka ‘an Zayd niyābah (Here I am, O Allah, on behalf of Zayd, as a proxy).”
It is permissible to perform Hajj on behalf of a living person who is incapacitated.
Similarly, Hajj al-Badal can be arranged on behalf of a deceased person.
A companion once said to the Prophet (sallallahu alayhi wa sallam) that his father had become very old and was unable to sit on a mount.
He asked for permission to perform Hajj on his behalf.
The Prophet (sallallahu alayhi wa sallam) said, “Yes, do so.” (Ibn Majah)
However, it is necessary that the person performing Hajj al-Badal has already performed his own Hajj, as is evident from the following hadith:
From Ibn Abbas (radi Allahu anhu): The Messenger of Allah (sallallahu alayhi wa sallam) heard a man saying:
Labbayka ‘an Shubrumah. The Messenger of Allah (sallallahu alayhi wa sallam) said:
«مَنْ شُبْرُمَةُ» He said:
He is a relative of mine. He said:
«هَلْ حَجَجْتَ قَطُّ؟» He said:
No. He said:
«فَاجْعَلْ هَذِهِ عَنْ نَفْسِكَ، ثُمَّ احْجُجْ عَنْ شُبْرُمَةَ» (Narrated by Ibn Majah)
That is, Ibn Abbas (radi Allahu anhu) narrates that the Prophet (sallallahu alayhi wa sallam) heard a man calling out the talbiyah on behalf of a person named Shubrumah.
He asked, “Who is Shubrumah?” The man replied, “He is a close relative of mine.”
He asked, “Have you performed Hajj for yourself?”
He replied, “No.”
He said, “First perform Hajj for yourself, then perform it on behalf of Shubrumah.”
This hadith clearly shows that only one who has performed his own Hajj may perform Hajj al-Badal for another.
Many Imams, including Imam Shafi‘i (rahimahullah) and Imam Ahmad (rahimahullah), hold this view.
In Lam‘at, Mulla Ali Qari (rahimahullah) writes:
al-amru yadullu bi-zahirihi ‘ala anna al-niyabah innama yajuzu ba‘da ada’ faridat al-hajj wa ilayhi dhahaba jama‘ah min al-a’immah wa al-Shafi‘i wa Ahmad.
That is, the apparent meaning of the Prophetic command indicates that proxy (niyabah) is only permissible for one who has fulfilled his own obligation.
Allamah Shawkani (rahimahullah) has established this chapter in his renowned book Nayl al-Awtar:
“Chapter: One who performs Hajj on behalf of another without having performed Hajj for himself.”
On this, he has cited the above hadith of Shubrumah and given the verdict:
wa laysa fi hadha al-bab asahhu minhu.
That is, there is no hadith more authentic in this chapter than the hadith of Shubrumah.
Then he says:
wa zahiru al-hadith annahu la yajuzu liman lam yahujj ‘an nafsihi an yahujj ‘an ghayrihi wasawa’un kana mustati‘an aw ghayr mustati‘ li’anna al-nabiy sallallahu alayhi wa sallam lam yastafsil hadha li’l-rajul alladhi sami‘ahu yalabbi ‘an Shubrumah wahuwa yanzilu manzilat al-‘umum wa ilayhi dhahaba al-Shafi‘i wa al-Nasir.
(Volume 4, Nayl al-Awtar, p. 173)
That is, the apparent meaning of this hadith is that one who has not performed Hajj for himself cannot perform Hajj al-Badal for another, whether he is able or unable to perform his own Hajj.
Because the Prophet (sallallahu alayhi wa sallam) did not seek this detail from the man whom he heard calling the talbiyah on behalf of Shubrumah.
Thus, this is in the ruling of generality, and this is the view of Imam Shafi‘i (rahimahullah) and al-Nasir (rahimahullah).
Therefore, those who perform or arrange Hajj al-Badal should reflect carefully.
The essential matter is that for Hajj al-Badal, a person should be sought who has already performed his own Hajj, so that the obligation of Hajj is fulfilled without doubt.
If someone who has not performed Hajj is sent, it will be contrary to the above hadith.
Moreover, there will remain considerable doubt regarding the acceptance and fulfillment of the Hajj.
Why should an intelligent person do something in which a large amount of money is spent, yet there remains doubt and uncertainty regarding its acceptance?
Why should a wise person do something that leads to regret?

Hadith Commentary:
(1)
The obligation of Hajj is established from this hadith in such a way that the woman from the tribe of Khath'am said before the Messenger of Allah (sallallahu alayhi wa sallam) that the obligation of Hajj, which Allah the Exalted has imposed upon His servants... The Messenger of Allah (sallallahu alayhi wa sallam) remained silent, as if his silence was an endorsement of her statement regarding the obligation of Hajj.
Its virtue is established in that the performance of Hajj was sought through deputation (niyabah), and also that even in the case of an excuse, the ruling is that Hajj is not waived; rather, the one who is excused should appoint a deputy and have Hajj performed on his behalf (Hajj al-Badal).

(2)
There are several hadiths narrated regarding the virtue of Hajj:
It is narrated from Abu Hurairah (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) said:
“The reward for an accepted Hajj (Hajj Mabrur) is nothing but Paradise.”
(Sahih al-Bukhari, Book of Hajj, Hadith: 1773)
Hajj Mabrur is that in which no sin is committed.
It is also narrated from Abu Hurairah (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) said:
“Whoever performs Hajj and does not approach his wife (i.e., does not have intercourse) and does not commit any act of disobedience or wickedness, he will return as free from sins as the day his mother gave birth to him.”
(Sahih al-Bukhari, Book of Hajj, Hadith: 1521)

(3)
It should be noted that Hajj was made obligatory at the end of the ninth year of Hijrah, but the Messenger of Allah (sallallahu alayhi wa sallam) performed it the following year, in the tenth year of Hijrah.

(4)
It is also understood from this hadith that it is permissible to perform Hajj on behalf of an excused person, which is called Hajj al-Badal, provided that the one performing Hajj al-Badal has already performed Hajj for himself.
And it is permissible to perform Hajj al-Badal on behalf of someone after his death as well.

Hadith Commentary:

Benefits and Issues:
➊ Whether the debt is owed to Allah or to any person, its repayment is obligatory.
➋ The debt can also be repaid by another individual.

Explanation:
1:
Fulfilling the obligatory rights of the deceased is incumbent upon his heirs.
For this, it is not necessary that the deceased should have made a bequest for its fulfillment.
The heirs themselves should be conscious of their responsibility.
Among the heirs, the primary responsibility to fulfill this lies upon the children.
If the vow (nadhar) pertains to wealth, then fulfilling it is recommended (mustahabb).

1809. Commentary:
➊ Wherever any action contrary to the Shariah (munkar) is seen, a Muslim should try to stop it in practice, just as the Messenger of Allah (sallallahu alayhi wa sallam) turned the face of Al-Fadl and forbade him from looking wrongly.
➋ When a person is afflicted with such an illness that recovery apparently seems difficult, then another person can perform Hajj on his behalf (Hajj badal). But if there is hope of recovery, then one should wait.
➌ When a person, on his own initiative, becomes a deputy on behalf of someone, then it is obligatory upon him to complete the Hajj.
➍ This hadith proves that a woman, in case of necessity, can converse with non-mahram men.
➎ This hadith «غض بصر» indicates the obligation of lowering the gaze and the prohibition of looking at a non-mahram woman.
➏ A woman can perform Hajj badal on behalf of her father, provided that she has already performed her own Hajj.
➐ Two people can ride on one mount.

Benefits and Issues:
If the deceased’s children or relatives fulfill his vow (nazr) on his behalf, it is valid.

Benefits and Issues:
Taking help from examples to explain issues makes the matter very clear.
Even a simple-minded person understands the intended meaning.

“Yes,” meaning perform Hajj on her behalf next year, because at present she was performing her own Hajj.

(1) It is understood that if an animal is strong, more than one person may ride upon it, but to place an excessive burden on a weak animal is oppression.
(2) The humility and compassion of the Prophet (sallallahu alayhi wa sallam), as well as the virtue and merit of Fadl ibn Abbas (radi Allahu anhu), are evident.
(3) It is prohibited to look at a non-mahram woman.
(4) It is obligatory upon every Muslim in general, and upon the scholar and imam in particular, that when they see an evil, they should strive to eliminate it by every possible means. See also, narration: 2636.

In the aforementioned narration, it is stated that the questioner was a man, whereas in the previous Hadith numbers: 2638, 2636, and in the subsequent Hadith: 2662, 2643, etc., it is mentioned that the questioner was a woman. However, the preferred and correct opinion is that the questioner was indeed a woman, and the wording “man” in [الرجل] is rare or objectionable (shadh or munkar). For details, see: (Da‘eef Sunan an-Nasa’i by al-Albani, Hadith: 2639)

English Translation:

In the first four narrations of this chapter, the questioner is a woman, and in the last four narrations, the questioner is a man, even though the incident is the same. Similarly, in the general narrations, the question is asked regarding the father, whereas in narration 5396, the question is about the mother. The reconciliation is as follows: the questioner was a man, and his young daughter was with him. First, the daughter asked the question, and then the man also asked. The question was regarding this man's father and mother. Since the girl was asking on behalf of her father, she used the words pertaining to her father. However, the person about whom the question was asked was the girl's grandfather. In any case, a grandfather can also be referred to as a father, and this is common in usage. Both of this man's parents were elderly, so the question was about both of them. From a narration in Musnad Abu Ya’la (Hadith: 6731, researched by Husayn Salim Asad), there is an indication of the aforementioned reconciliation, that the questioners were both the man and his young daughter. And Allah knows best. Some scholarly researchers are inclined towards preference; they say that in all the narrations transmitted through Imam Zuhri, only a woman is mentioned as the questioner. And these are the narrations of Bukhari and Muslim, so they are given preference. The point is that the questioner was a woman, not a man; the narrations mentioning a man as the questioner are less preferred. See also: (Ta’liqat Salafiyyah, new edition: 458/5)

English Translation:

There is no explicit statement in any narration regarding what the vow (nadhar) was. Some scholars have deduced from a narration that the vow was to free a slave, but even in that narration, it is not explicitly stated that the vow was to free a slave. It only mentions the freeing of a slave. It is possible that the slave was freed as expiation (kaffarah) for the vow, not as the vow itself. Some have said it was fasting. And Allah knows best. In any case, if the deceased made a bequest to fulfill the vow, then it is obligatory (fard) upon the heirs to fulfill it; otherwise, it is recommended (mustahabb).

For details, see Hadith number: 3680, 3694.

Urdu footnote:
Sa'd radi Allahu anhu was the chief of the well-known Ansar tribe, Banu Khazraj. Radi Allahu anhu wa ardaahu.

(1) It is understood that if one does not have physical ability but the pilgrimage (Hajj) becomes obligatory due to financial capability, then he should appoint someone else to perform Hajj on his behalf.

(2) From this blessed hadith, it is also learned that it is the religious responsibility of the scholar, imam, and ruler to prevent objectionable and non-Shari'ah-compliant acts. If possible, they should prevent it with their hand, just as the Messenger of Allah (sallallahu alayhi wa sallam) turned the face of Hazrat Fadl (radi Allahu anhu) to the other side.

The example of debt has been mentioned in order to clarify the issue, not to draw an analogy between Hajj and debt.

If Hajj had become obligatory upon the deceased and he was unable to perform it, then Hajj will be performed on his behalf. Otherwise, if Hajj was not obligatory upon him, then there is no need to perform Hajj on his behalf.

(1) The morning of Muzdalifah, that is, the morning when the pilgrims depart from Muzdalifah to Mina. In other words, the 10th of Dhul-Hijjah. This pertains to the Farewell Pilgrimage (Hajjat al-Wada‘).

(2) “Cannot sit on the mount.” From this, it is understood that physical strength is not a condition for the obligation of Hajj; rather, financial capability (i.e., the expenses for travel and food and drink) is sufficient. Otherwise, the Prophet (sallallahu alayhi wa sallam) would have said that Hajj is not obligatory upon your father at all. If one possesses financial capability, he should perform Hajj himself. If he does not have physical strength, then he should have someone perform it on his behalf.

(3) “He said: Yes.” That is, in the coming year or after that, because this Hajj she was performing was on her own behalf, and in fact, she had already performed it, since this conversation took place after the standing at ‘Arafah (wuquf ‘Arafah), and the standing at ‘Arafah is the essence of Hajj.

(4) According to the majority of scholars, a substitute Hajj (Hajj on behalf of another) can only be performed by someone who has already performed Hajj for himself. In a narration of Abu Dawud, the Prophet (sallallahu alayhi wa sallam) explicitly forbade a person from performing Hajj on behalf of a man named Shubrumah before performing Hajj for himself.

(5) Both men and women can perform substitute Hajj (Hajj on behalf of another) for each other, although there are some differences in the rulings for men and women, but those differences pertain to ihram and similar matters. The acts of Hajj themselves are the same.

(6) A woman’s voice is not ‘awrah (something to be concealed). On occasions of teaching and learning, seeking benefit and issuing fatwa, and other such necessary situations, there is no harm in hearing the voice of a non-mahram woman. However, a woman should not adopt a soft tone when speaking to a non-mahram, in a manner that could lead to temptation.

(7) One should treat parents with kindness and deal with them in a good manner. If, after their death, there remains any obligatory act such as Hajj or a debt which they could not fulfill due to some excuse, then the children should fulfill that obligation on their behalf. And Allah knows best.

Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, whereas other scholars have deemed it authentic.
And in light of the evidences, the opinion that affirms the authenticity of the hadith appears closer to correctness; therefore, performing Hajj and Umrah on behalf of one’s parents is permissible, whether they are alive or have passed away upon correct belief.

➋
Parents have many favors upon a person, so one should perform such deeds that benefit them, or at the very least, one must certainly avoid such actions that are counted as evil towards them.
The meaning of a hadith is that one who abuses another’s parents and thereby becomes the cause for his own parents to be abused is as if he himself abused his own parents. (Sahih al-Bukhari, al-Adab, “A man should not abuse his parents,” Hadith: 5973)

Benefits and Issues:

➊ Fulfilling a vow (nadhar) is obligatory.

➋ If someone passes away without having fulfilled a financial vow, then that vow should be fulfilled from his wealth just as a debt is paid, and only then should the inheritance be distributed.

➌ A bodily vow (badani nadhar) should be fulfilled by the deceased’s close heir.

➍ The children have a greater right to fulfill the vows of their parents.

Hadith Authentication:
[وأخرجه البخاري 1513، ومسلم 1334، من حديث ما لك به]

Jurisprudential Points:
➊ There is consensus among the majority of scholars that a man can perform Hajj on behalf of a woman and a woman can perform Hajj on behalf of a man; only Hasan bin Salih considers this disliked (makruh). [الاجماع لابن المنذر : 210، حاجي كے شب وروز ص 90]
➋ Some scholars have deduced from this hadith that it is not obligatory or mandatory for a woman in the state of ihram to cover her face from non-mahram men; however, it is preferable that a woman should also cover her face from non-mahram men. Fatimah bint al-Mundhir rahimahallah states that we used to cover our faces from non-mahram men while in the state of ihram, and with us was Asma bint Abi Bakr as-Siddiq radi Allahu anha. [الموطأ، رواية يحييٰ 328/1 ح 734، وسنده صحيح]
➌ If a mount (animal) has the strength to bear the load, then two (or more) people can ride on it.
➍ There is consensus that if a person who has reached puberty arrives at Arafat on the days of Hajj with the intention of Hajj and performs Hajj, then the obligation of Hajj is fulfilled on his behalf, whether this person was poor at that time or had reached Makkah for any reason.
➎ Only that person can perform Hajj on behalf of a deceased person who has already performed the obligatory Hajj for himself, as is established from the hadith of Shubrumah. See: [المعجم الكبير للطبراني 226/1 وسنده حسن]
➏ One should always seek forgiveness (istighfar) from Allah Ta'ala, because no matter how pious a person is, it is possible for him to make mistakes and errors.
➐ It is necessary for those in authority to enjoin good and forbid evil.

584 Lexical Explanation:
«رَدِيف» On a mount, among two riders, the one sitting behind is called «رديف».
«خَثْعَمَ» The “kha” has a fatha, the “tha” is sakin, and the “ayn” has a fatha. It is the name of a famous tribe of Yemen. It can be read as declinable (mansarif) and indeclinable (ghayr mansarif) both ways.
«الشِّقٌ» Meaning “side.” The Prophet (sallallahu alayhi wa sallam) turned the face of al-Fadl ibn Abbas (radi Allahu anhu) so that Satan would not put him to trial (fitnah).
«حَجَّةِ الْوَدَاعِ» This is the Hajj which the Prophet (sallallahu alayhi wa sallam) performed in the tenth year of Hijrah, and three months after it he passed away. The “waw” in “al-wada’” has a fatha. And it is the verbal noun (masdar) of «وَدَّعَ» «توديعا». It is also said that the “waw” has a kasrah beneath it, thus it is the verbal noun of «وَادَعَ» «موادعة». The last Hajj is called Hajjat al-Wada’ because the Prophet (sallallahu alayhi wa sallam) bade farewell to the people or to the Sacred House (Ka’bah) that year. This hadith is evidence that if a living person is incapacitated and there is no hope of recovery, then it is permissible for someone else to perform Hajj on his behalf (Hajj badal).

Benefit:
From this hadith it is understood that if Hajj is obligatory upon someone but due to a permanent illness or old age he does not have the ability to perform Hajj, then it is permissible for someone else to perform Hajj on his behalf (Hajj badal). However, in the case of a temporary illness (for which there is hope of recovery), deputation is not valid. This condition is for obligatory Hajj; for voluntary (nafl) Hajj, deputation is permissible even without this condition. This is the position of Imam Abu Hanifah and Imam Ahmad (rahimahullah). And it is better for Hajj badal that a close relative be appointed as deputy.

Explanation:
Al-Fadl ibn Abbas was the cousin of the Messenger of Allah (sallallahu alayhi wa sallam). His mother’s name was Umm Fadl Lubabah al-Kubra bint al-Harith al-Hilaliyyah. He was extremely handsome and beautiful. In the Battle of Hunayn, he remained steadfast with the Prophet (sallallahu alayhi wa sallam). He participated in giving the Prophet (sallallahu alayhi wa sallam) the ritual bath (ghusl) after his passing, and among the children of al-Abbas (radi Allahu anhu), he was the eldest. He traveled to Syria for jihad; it is said that he died near Jordan in the year 18 AH during the plague of ‘Amwas. Some have said he was martyred on the day of Yarmuk, and others have said he died in Damascus while the cloak of the Prophet (sallallahu alayhi wa sallam) was upon his body.

585 Lexical Explanation:

«جُهَيْنَة» The letter “jeem” has a dammah (u-sound) and the “haa” has a fathah (a-sound). (With diminutive form) It is the name of a well-known tribe. Most hold the view that it is a branch of Himyar from the descendants of Qahtan. Some have said that it is related to Ma‘ad ibn Adnan.

«حُجَّ» The verb is in the second person singular feminine form. And this is evidence that performing Hajj on behalf of a deceased person (Hajj badal) is permissible.

«دَيْن» The “dal” has a fathah (a-sound), meaning debt. The Prophet (sallallahu alayhi wa sallam) mentioned it by way of example so that its importance would be highlighted and firmly established in the heart.

Takhrij:
«أخرجه البخاري، الأيمان والنذور، باب من مات وعليه نذر، حديث:6698، ومسلم، النذر، باب لأمر بقضاء النذر، حديث:1638.»©Explanation:
➊ In some narrations, it is mentioned that this was a vow (nadhr) to free a slave.
There are also other opinions besides this.
➋ In any case, this hadith proves that fulfilling obligatory rights is the responsibility of the heirs of the deceased, and for this, it is not necessary that the deceased should have made a bequest (wasiyyah) to fulfill it; the heirs themselves should feel this responsibility.
➌ Among the heirs, the children in particular are more responsible for fulfilling it.

Explanation: «حضرت سعد بن عبادہ رضی اللہ عنہ » was the chief of the Khazraj tribe.
In all the battles (ghazawat), the flag of the Ansar would be in his hands.
He was a generous chief.
He knew how to write Arabic.
He was an expert in swimming and archery; for this reason, he was called "Kamil" (a master of every skill).
He was abundant in giving charity and alms.
He left Madinah without pledging allegiance (bay'ah) to Abu Bakr radi Allahu anhu.
He was killed by the jinn in the region of Hauran near Damascus in the year 14, 15, or 16 Hijri.

Benefit:
This hadith proves that if a person is unable to perform Hajj himself due to some excuse, it is permissible for someone else to perform Hajj on his behalf (Hajj badal). This is with the condition that the one performing Hajj badal must have already performed Hajj for himself.

Benefit:
It is established from this hadith that fulfilling a vow (nadhar) is obligatory; even if a person passes away, if he had made a vow, then his heirs must fulfill his bequest.