صحيح مسلم
Muslim
كتاب الحجThe Book of Pilgrimage
باب مَا يُبَاحُ لِلْمُحْرِمِ بِحَجٍّ أَوْ عُمْرَةٍ وَمَا لاَ يُبَاحُ وَبَيَانِ تَحْرِيمِ الطِّيبِ عَلَيْهِ:Chapter: What one who has entered Ihram for Hajj or Umrah is permitted to wear, and what is not permissible, and perfume is forbidden for him
وحَدَّثَنَا أَحْمَدُ بْنُ عَبْدِ اللَّهِ بْنِ يُونُسَ ، حَدَّثَنَا زُهَيْرٌ ، حَدَّثَنَا أَبُو الزُّبَيْرِ ، عَنْ جَابِرٍ رَضِيَ اللَّهُ عَنْهُ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ لَمْ يَجِدْ نَعْلَيْنِ فَلْيَلْبَسْ خُفَّيْنِ ، وَمَنْ لَمْ يَجِدْ إِزَارًا فَلْيَلْبَسْ سَرَاوِيلَ " .
Jabir (RA) reported Allah's Messenger (ﷺ) as saying: He who does not find shoes to wear may wear socks, and he who does not find lower garment to wear may put on trousers.
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: In the narrations of Ibn Abbas radi Allahu anhuma and Jabir radi Allahu anhuma, there is no mention of cutting the leather socks (khuffain). Therefore, according to Imam Ahmad rahimahullah, cutting the leather socks is not correct; rather, it is considered a waste of wealth. However, according to the rest of the Imams and hadith scholars, the clarification regarding cutting is present in the narration of Ibn Umar radi Allahu anhuma.
Therefore, the unrestricted (mutlaq) hadith of Ibn Abbas radi Allahu anhuma and Jabir radi Allahu anhuma will be acted upon in light of (restricted by) the conditional (muqayyad) hadith of Ibn Umar radi Allahu anhuma, and the legal ruling is that it is not a waste of wealth.
However, the narration of Ibn Abbas radi Allahu anhuma is also present in Sunan al-Nasa’i, and in it there is the command to cut, and similarly, in al-Awsat of al-Tabarani, in the narration of Jabir radi Allahu anhu, there is also the command to cut. Therefore, the mention of cutting is present in all the narrations, so it is not correct to declare the narration of Ibn Umar radi Allahu anhuma as abrogated (mansukh).
Whoever wears the leather socks without cutting them:
According to Imam Abu Hanifah rahimahullah, he will have to give a fidyah (compensatory sacrifice), and according to Imam Malik rahimahullah and Shafi’i rahimahullah, there is no fidyah upon him.
Similarly, if an izar (lower garment) is not available, then the trousers (sirwal) should be unstitched and made like a sheet (chadar). Otherwise, according to Imam Abu Hanifah rahimahullah and Imam Malik rahimahullah, a dam (sacrificial animal) will become obligatory.
According to Imam Shafi’i rahimahullah and Ahmad rahimahullah, there is no fidyah.
Therefore, the unrestricted (mutlaq) hadith of Ibn Abbas radi Allahu anhuma and Jabir radi Allahu anhuma will be acted upon in light of (restricted by) the conditional (muqayyad) hadith of Ibn Umar radi Allahu anhuma, and the legal ruling is that it is not a waste of wealth.
However, the narration of Ibn Abbas radi Allahu anhuma is also present in Sunan al-Nasa’i, and in it there is the command to cut, and similarly, in al-Awsat of al-Tabarani, in the narration of Jabir radi Allahu anhu, there is also the command to cut. Therefore, the mention of cutting is present in all the narrations, so it is not correct to declare the narration of Ibn Umar radi Allahu anhuma as abrogated (mansukh).
Whoever wears the leather socks without cutting them:
According to Imam Abu Hanifah rahimahullah, he will have to give a fidyah (compensatory sacrifice), and according to Imam Malik rahimahullah and Shafi’i rahimahullah, there is no fidyah upon him.
Similarly, if an izar (lower garment) is not available, then the trousers (sirwal) should be unstitched and made like a sheet (chadar). Otherwise, according to Imam Abu Hanifah rahimahullah and Imam Malik rahimahullah, a dam (sacrificial animal) will become obligatory.
According to Imam Shafi’i rahimahullah and Ahmad rahimahullah, there is no fidyah.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 2797
