Muwatta Malik (Qasim)

Takhrij al-Hadith:
[و اخرجه البخاري 4484، و مسلم 1333/399، من حديث مالك به، من رواية يحيٰ بن يحيٰ و فى الاصل : قالج، خطا مطبعي]

Jurisprudential Explanation:
➊ If two actions are permissible and established from the Book and the Sunnah, then in order to avoid evil and corruption, one of these actions may be abandoned.
➋ Umm al-Mu’minin Aisha radi Allahu anha said: I do not care whether I pray inside the Hijr (Hatim) or inside the House (Ka‘bah). [المؤطا رولية يحيٰ، 364/1 ح، 864 و سنده صحيح]
That is, praying inside the Hatim is equivalent to praying inside the Ka‘bah.
➌ Whoever performs tawaf (circumambulation) from inside the Hatim, according to the preferred opinion, his tawaf is not valid.
➍ The fact that Sayyiduna Ibn Umar radi Allahu anhu was unaware of this authentic hadith is clear evidence that even great scholars may remain unaware of certain hadiths.
➎ Whoever thinks that he has encompassed all the evidences of the Shari‘ah, such thinking is not correct.
➏ There is a difference of opinion regarding who first constructed the Ka‘bah. It is established from the Noble Qur’an that the foundations of the Ka‘bah were raised by Sayyiduna Ibrahim alayhis salam. The Messenger of Allah sallallahu alayhi wa sallam was asked: Which mosque was built first? He replied: Al-Masjid al-Haram. He was asked: Which mosque was built after that? He replied: Al-Masjid al-Aqsa. He was asked: What was the time span between the construction of the two? He replied: Forty (years). See: [صحيح بخاري ح3425، و صحيح مسلم ح520]
➐ The summary of a statement from Sayyiduna Ali radi Allahu anhu is that the people of Nuh and the people of Ibrahim lived in houses on earth, but the Ka‘bah is the very first place of worship. See: [المختارة للضياء المقدسي 60/2 ح 438،] and [المستدرك للحاكم 292/2، 293، و سنده حسن]
➑ People should not be put to trial without necessity.

Hadith Commentary:
The reason for the correspondence between the hadith and the chapter is that in it, the mention of the Abrahamic foundations has been stated.

Hadith Commentary:
The reason for the correspondence between the chapter title and the hadith is that this hadith mentions the Abrahamic foundations. We clarify this with the following diagram.

The two corners adjacent to the Hatim were not touched by the Messenger of Allah (sallallahu alayhi wa sallam) because the construction of the Ka'bah was not completed upon the foundations laid by Ibrahim (alayhis salam). Rather, an area of about six cubits was left out, which is called the Hatim, and this Hatim is a part of the Ka'bah. Due to financial constraints, the disbelievers of Quraysh left this portion out.

Hadith Commentary:
That is, Abdullah has been referred to as the grandson of Abu Bakr.
In some manuscripts, it is written as Abdullah ibn Abi Bakr.
Thus, the meaning would be that in this narration his name is mentioned as Abdullah, and in the narration of Tanisi, only "ibn Abi Bakr" was mentioned.
The narration of Isma'il has been connected (musnad) by the author himself in the Tafsir.

Hadith Commentary:
➊
In one narration, it is mentioned that Aisha (radi Allahu anha) asked the Messenger of Allah (sallallahu alayhi wa sallam) about the walls of Hatim:
"Are these a part of the House of Allah (Baytullah)?" He replied:
"Yes! But your people did not have sufficient funds to include it within the House of Allah during construction."
(Sahih al-Bukhari, Book of Hajj, Hadith: 1584)
The Messenger of Allah (sallallahu alayhi wa sallam) said to Aisha (radi Allahu anha):
"If it were not for the consideration of your people's sentiments, and if I had the means for the expenses, I would have included the area of Hatim within the House of Allah, leveled it with the ground, and placed two doors in it—one for entering and one for exiting. But due to the aforementioned reasons, I am leaving it in its current state."
(Sahih Muslim, Book of Hajj, Hadith: 3245(1333))

➋
In this hadith, there is mention of the foundations of the House of Allah (Baytullah) raised by Ibrahim (alayhis salam).
For this reason, Imam Bukhari (rahimahullah) has mentioned this hadith here.

Hadith Commentary:
Because the Hatim was included within the Ka‘bah in the construction of Ibrahim (alayhis salam).
The Quraysh, due to a shortage of funds, made the Ka‘bah smaller and left the land of the Hatim outside the Ka‘bah.
That is why the Hatim is included in the circumambulation (tawaf). (Wahidi)