صحيح مسلم
Muslim
كتاب الحجThe Book of Pilgrimage
بَابُ بَيَانِ أَنَّ الْمُحْرِمَ بِعُمْرَةٍ لَّا يَتَحَلَّلُ بِالطَّوَافِ قَبْلَ السَّعْيِ وَأَنَّ الْمُحْرِمَ بِحَجٍّ لَّا يَتَحَلَّلُ بِطَوَافِ الْقُدُومِ وَكَذٰلِكَ الْقَارِنُChapter: Clarifying that the pilgrim who has entered Ihram for Umrah should not exit Ihram after performing Tawaf before Sa'i; And the pilgrim who has entered Ihram for Hajj should not exit Ihram after performing Tawaf Al-Qudum, and the same applies to the pilgrim performing Qiran
حَدَّثَنِي هَارُونُ بْنُ سَعِيدٍ الْأَيْلِيُّ ، حَدَّثَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي عَمْرٌو وَهُوَ ابْنُ الْحَارِثِ ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ ، أَنَّ رَجُلًا مِنْ أَهْلِ الْعِرَاقِ قَالَ لَهُ : سَلْ لِي عُرْوَةَ بْنَ الزُّبَيْرِ ، عَنْ رَجُلٍ يُهِلُّ بِالْحَجِّ فَإِذَا طَافَ بِالْبَيْتِ أَيَحِلُّ أَمْ لَا ؟ ، فَإِنْ قَالَ لَكَ : لَا يَحِلُّ ، فَقُلْ لَهُ : إِنَّ رَجُلًا يَقُولُ ذَلِكَ ، قَالَ : فَسَأَلْتُهُ ، فَقَالَ : " لَا يَحِلُّ مَنْ أَهَلَّ بِالْحَجِّ إِلَّا بِالْحَجِّ " ، قُلْتُ : فَإِنَّ رَجُلًا كَانَ يَقُولُ ذَلِكَ ، قَالَ : بِئْسَ مَا قَالَ ، فَتَصَدَّانِي الرَّجُلُ فَسَأَلَنِي فَحَدَّثْتُهُ ، فَقَالَ : فَقُلْ لَهُ : فَإِنَّ رَجُلًا كَانَ يُخْبِرُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْ فَعَلَ ذَلِكَ ، وَمَا شَأْنُ أَسْمَاءَ وَالزُّبَيْرِ قَدْ فَعَلَا ذَلِكَ ، قَالَ فَجِئْتُهُ فَذَكَرْتُ لَهُ ذَلِكَ ، فَقَالَ : مَنْ هَذَا ؟ ، فَقُلْتُ : لَا أَدْرِي ، قَالَ : فَمَا بَالُهُ لَا يَأْتِينِي بِنَفْسِهِ يَسْأَلُنِي أَظُنُّهُ عِرَاقِيًّا ، قُلْتُ : لَا أَدْرِي ، قَالَ : فَإِنَّهُ قَدْ كَذَبَ : " قَدْ حَجَّ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَأَخْبَرَتْنِي عَائِشَةُ رَضِيَ اللَّهُ عَنْهَا ، أَنَّ أَوَّلَ شَيْءٍ بَدَأَ بِهِ حِينَ قَدِمَ مَكَّةَ أَنَّهُ تَوَضَّأَ ، ثُمَّ طَافَ بِالْبَيْتِ " ، ثُمَّ حَجَّ أَبُو بَكْرٍ ، فَكَانَ أَوَّلَ شَيْءٍ بَدَأَ بِهِ الطَّوَافُ بِالْبَيْتِ ، ثُمَّ لَمْ يَكُنْ غَيْرُهُ ، ثُمَّ عُمَرُ مِثْلُ ذَلِكَ ، ثُمَّ حَجَّ عُثْمَانُ ، فَرَأَيْتُهُ أَوَّلُ شَيْءٍ بَدَأَ بِهِ الطَّوَافُ بِالْبَيْتِ ، ثُمَّ لَمْ يَكُنْ غَيْرُهُ ، ثُمَّ مُعَاوِيَةُ ، وَعَبْدُ اللَّهِ بْنُ عُمَرَ ، ثُمَّ حَجَجْتُ مَعَ أَبِي الزُّبَيْرِ بْنِ الْعَوَّامِ ، فَكَانَ أَوَّلَ شَيْءٍ بَدَأَ بِهِ الطَّوَافُ بِالْبَيْتِ ، ثُمَّ لَمْ يَكُنْ غَيْرُهُ ، ثُمَّ رَأَيْتُ الْمُهَاجِرِينَ وَالْأَنْصَارَ يَفْعَلُونَ ذَلِكَ ، ثُمَّ لَمْ يَكُنْ غَيْرُهُ ، ثُمَّ آخِرُ مَنْ رَأَيْتُ فَعَلَ ذَلِكَ ابْنُ عُمَرَ ، ثُمَّ لَمْ يَنْقُضْهَا بِعُمْرَةٍ ، وَهَذَا ابْنُ عُمَرَ عِنْدَهُمْ أَفَلَا يَسْأَلُونَهُ ، وَلَا أَحَدٌ مِمَّنْ مَضَى مَا كَانُوا يَبْدَءُونَ بِشَيْءٍ حِينَ يَضَعُونَ أَقْدَامَهُمْ ، أَوَّلَ مِنَ الطَّوَافِ بِالْبَيْتِ ، ثُمَّ لَا يَحِلُّونَ ، وَقَدْ رَأَيْتُ أُمِّي وَخَالَتِي حِينَ تَقْدَمَانِ ، لَا تَبْدَآنِ بِشَيْءٍ أَوَّلَ مِنَ الْبَيْتِ تَطُوفَانِ بِهِ ، ثُمَّ لَا تَحِلَّانِ ، وَقَدْ أَخْبَرَتْنِي أُمِّي أَنَّهَا أَقْبَلَتْ هِيَ وَأُخْتُهَا وَالزُّبَيْرُ وَفُلَانٌ وَفُلَانٌ بِعُمْرَةٍ قَطُّ ، فَلَمَّا مَسَحُوا الرُّكْنَ حَلُّوا ، وَقَدْ كَذَبَ فِيمَا ذَكَرَ مِنْ ذَلِكَ .
Muhammad bin 'Abdul Rahman reported: A person from Iraq said to him to inquire from 'Urwa bin Zubair for him whether a person who puts on Ihram for Hajj is allowed to put it off or not as he circumambulates the House. And if he says:" No, it can't be put off," then tell him that there is a person who makes such an assertion. He (Muhammad bin 'Abdul Rahman) then said: I asked him (Urwa bin Zubair), where- upon he said: The person who has entered into the state of Ihram for Hajj cannot get out of it unless he has, completed the Hajj I (further) said (to him): (What) if a person makes that assertion? Thereupon he said: It is indeed unfortunate that he makes such an assertion. That person ('Iraqi) then met me and he asked me and I narrated to him (the reply of 'Urwa), whereupon he (the Iraqi) said: Tell him ('Urwa) that a person had informed him that Allah's Messenger (ﷺ) had done that; and why is it that Asma' and Zubair have done like this? He (Muhammad bin 'Abdul Rahman) said: I went to him and made a mention of that to him, whereupon he ('Urwa) said: Who is he (the 'Iraqi)? I said: I do not know, whereupon he said: What is the matter that he does not come to me himself and ask me? I suppose he is an 'Iraqi. I said: I do not know, whereupon he said: He has told a lie. Allah's Messenger (ﷺ) performed Hajj, and 'A'isha (Allah be pleased with her) has told me that the first thing with which he commenced (the rituals) when he arrived at Makkah was that he performed ablution and then circumambulated the Ka’bah. Then Abu Bakr (RA) performed Hajj and the first thing with which he commenced (the Hajj) as the circumambulation of the Ka’bah and nothing besides it. So did 'Umar. Then 'Uthman performed Hajj and I saw that the first thing with which he commenced the Hajj was the circumambulation of the Ka’bah and nothing besides it. Then Mu'awiyah and'Abdullah bin 'Umar did that. Then I performed Hajj with my father Zubair bin al-'Awwam, and the first thing with which he commenced (Hajj) was the circumambulation of the House. He then did nothing besides it. I then saw the emigrants (Muhajirin) and the helpers (Ansar) doing like this and nothing besides it. And the last one whom I saw doing like this was Ibn 'Umar. And he did not break it (the Hajj) after performing 'Umrah. And Ibn 'Umar is with them. Why don't they ask him (to testify it)? And none amongst those who had passed away commenced (the rituals of Hajj) but by circumambulating the Ka’bah on their (first arrival) and they did not put off Ihram (without completing the Hajj), and I saw my mother and my aunt commencing (their Hajj) with the circumambulation of the House, and they did not put off Ihram. My mother informed me that she came and her sister, and Zubair and so and so for 'Umrah, and when they had kissed the corner (the Black Stone, after Sa'I and circumambulation), they put off Ihram. And he (the 'Iraqi) has told a lie in this matter.
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues:
➊ This hadith proves that performing ablution (wudu) before circumambulating the House of Allah (tawaf of the Ka'bah) is necessary. According to Imam Malik rahimahullah, Imam Shafi'i rahimahullah, Ahmad ibn Hanbal rahimahullah, and the scholars of hadith, being in a state of ablution is a condition for tawaf; without it, tawaf is not valid. According to the Hanafis, purity is not a condition but an obligation (wajib); if someone performs tawaf without purity, the tawaf will be valid, but due to abandoning an obligation, a sacrifice of one goat will be required.
➋ The position of Abdullah ibn Abbas radi Allahu anhu is that if a person enters the state of ihram for Hajj al-Ifrad and does not bring a sacrificial animal with him, and then performs tawaf of the House of Allah, his tawaf and sa'i will be counted as 'umrah, and his Hajj will be annulled (converted). This is because the Prophet sallallahu alayhi wa sallam, during the Farewell Pilgrimage (Hajjat al-Wada'), gave this very ruling: those who do not have a sacrificial animal should all become halal (exit ihram). The last part of this hadith: (فَلَمَّا مَسَحُوا الرُّكْنَ حَلُّوا) ("When they finished kissing the Black Stone, they became halal")—that is, when they completed the tawaf al-qudum and then performed sa'i, they became halal. This is the view of Ibn Abbas radi Allahu anhu. Those who did not become halal were only those who had sacrificial animals with them. However, the majority of the imams and many of the noble companions radi Allahu anhum ajma'in hold that the ruling of annulment (fasakh) was specific to the Farewell Pilgrimage; now, after beginning tawaf, Hajj cannot be annulled. The intent of Abdullah ibn Abbas radi Allahu anhu is not that after the tawaf of the House of Allah and before sa'i, one becomes halal, but rather that whoever does not have a sacrificial animal and performs tawaf of the House of Allah, must then perform sa'i and become halal. If he does not wish to become halal, he should not perform tawaf al-qudum; for Hajj, he should only perform tawaf al-ifadah. At the end of the hadith, Aisha radi Allahu anha is counted among those who became halal. This is correct in the sense that she had intended to perform Hajj al-Tamattu', in which a person becomes halal after performing 'umrah. However, when she began menstruating, she could not act on this intention because she could not perform tawaf of the House of Allah. Therefore, her being counted among those who became halal is only in terms of intention and resolve, not in practice.
Urwah mentioned the tawaf of all these individuals but omitted the sa'i, because it is already known that all of them performed sa'i after tawaf. His purpose is only to state that becoming halal is not necessarily dependent on tawaf and sa'i. All these individuals were performing qiran (combining Hajj and 'umrah) and had sacrificial animals with them; therefore, their not exiting ihram cannot be used as evidence against Ibn Abbas radi Allahu anhu, nor does it prove that sa'i is not necessary, because sa'i is a pillar (rukn) of both 'umrah and Hajj. Without it, neither 'umrah nor Hajj is valid. This is the position of Imam Malik rahimahullah, Imam Shafi'i rahimahullah, Imam Ahmad rahimahullah, and the rest of the scholars of hadith rahimahumullah. However, according to Imam Abu Hanifah rahimahullah, Sufyan Thawri rahimahullah, and Hasan al-Basri rahimahullah, it is obligatory (wajib) but not a pillar (rukn). According to Imam Ibn Qudamah rahimahullah, this is also the position of Imam Ahmad rahimahullah: if it is omitted, it can be compensated by sacrificing an animal. Some companions and successors (tabi'in) hold that it is a sunnah, not a pillar nor an obligation.
The question arises: when the Prophet sallallahu alayhi wa sallam performed sa'i, what does his excellent example require of us? Instead of legal hairsplitting, a Muslim should always keep in mind how the Prophet sallallahu alayhi wa sallam performed each act, especially since the statement exists: (صَلُّوا كَمَا رَأَيْتُمُونِي أُصَلِّي) ("Pray as you have seen me pray") and (خُذُوا عَنِّي مَناسِكَكُمْ) ("Take your rites of Hajj from me"). Therefore, every act should be performed according to the method of the Prophet sallallahu alayhi wa sallam.
➊ This hadith proves that performing ablution (wudu) before circumambulating the House of Allah (tawaf of the Ka'bah) is necessary. According to Imam Malik rahimahullah, Imam Shafi'i rahimahullah, Ahmad ibn Hanbal rahimahullah, and the scholars of hadith, being in a state of ablution is a condition for tawaf; without it, tawaf is not valid. According to the Hanafis, purity is not a condition but an obligation (wajib); if someone performs tawaf without purity, the tawaf will be valid, but due to abandoning an obligation, a sacrifice of one goat will be required.
➋ The position of Abdullah ibn Abbas radi Allahu anhu is that if a person enters the state of ihram for Hajj al-Ifrad and does not bring a sacrificial animal with him, and then performs tawaf of the House of Allah, his tawaf and sa'i will be counted as 'umrah, and his Hajj will be annulled (converted). This is because the Prophet sallallahu alayhi wa sallam, during the Farewell Pilgrimage (Hajjat al-Wada'), gave this very ruling: those who do not have a sacrificial animal should all become halal (exit ihram). The last part of this hadith: (فَلَمَّا مَسَحُوا الرُّكْنَ حَلُّوا) ("When they finished kissing the Black Stone, they became halal")—that is, when they completed the tawaf al-qudum and then performed sa'i, they became halal. This is the view of Ibn Abbas radi Allahu anhu. Those who did not become halal were only those who had sacrificial animals with them. However, the majority of the imams and many of the noble companions radi Allahu anhum ajma'in hold that the ruling of annulment (fasakh) was specific to the Farewell Pilgrimage; now, after beginning tawaf, Hajj cannot be annulled. The intent of Abdullah ibn Abbas radi Allahu anhu is not that after the tawaf of the House of Allah and before sa'i, one becomes halal, but rather that whoever does not have a sacrificial animal and performs tawaf of the House of Allah, must then perform sa'i and become halal. If he does not wish to become halal, he should not perform tawaf al-qudum; for Hajj, he should only perform tawaf al-ifadah. At the end of the hadith, Aisha radi Allahu anha is counted among those who became halal. This is correct in the sense that she had intended to perform Hajj al-Tamattu', in which a person becomes halal after performing 'umrah. However, when she began menstruating, she could not act on this intention because she could not perform tawaf of the House of Allah. Therefore, her being counted among those who became halal is only in terms of intention and resolve, not in practice.
Urwah mentioned the tawaf of all these individuals but omitted the sa'i, because it is already known that all of them performed sa'i after tawaf. His purpose is only to state that becoming halal is not necessarily dependent on tawaf and sa'i. All these individuals were performing qiran (combining Hajj and 'umrah) and had sacrificial animals with them; therefore, their not exiting ihram cannot be used as evidence against Ibn Abbas radi Allahu anhu, nor does it prove that sa'i is not necessary, because sa'i is a pillar (rukn) of both 'umrah and Hajj. Without it, neither 'umrah nor Hajj is valid. This is the position of Imam Malik rahimahullah, Imam Shafi'i rahimahullah, Imam Ahmad rahimahullah, and the rest of the scholars of hadith rahimahumullah. However, according to Imam Abu Hanifah rahimahullah, Sufyan Thawri rahimahullah, and Hasan al-Basri rahimahullah, it is obligatory (wajib) but not a pillar (rukn). According to Imam Ibn Qudamah rahimahullah, this is also the position of Imam Ahmad rahimahullah: if it is omitted, it can be compensated by sacrificing an animal. Some companions and successors (tabi'in) hold that it is a sunnah, not a pillar nor an obligation.
The question arises: when the Prophet sallallahu alayhi wa sallam performed sa'i, what does his excellent example require of us? Instead of legal hairsplitting, a Muslim should always keep in mind how the Prophet sallallahu alayhi wa sallam performed each act, especially since the statement exists: (صَلُّوا كَمَا رَأَيْتُمُونِي أُصَلِّي) ("Pray as you have seen me pray") and (خُذُوا عَنِّي مَناسِكَكُمْ) ("Take your rites of Hajj from me"). Therefore, every act should be performed according to the method of the Prophet sallallahu alayhi wa sallam.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 3001
