Muwatta Malik (Qasim)

Hadith Authentication: [وأخرجه البخاري 1549، ومسلم 1184، من حديث مالك به]
Jurisprudential Explanation:
➊ In cases of necessity, exercising ijtihad (independent juristic reasoning) is permissible, provided that it does not contradict any text (from the Qur’an, Sunnah, or consensus).
➋ Any supplication (dua) or incantation (ruqyah) that does not contain polytheistic (shirk) expressions or exaggeration is permissible, but it should not be considered Sunnah. However, it is better to adhere to the supplications and remembrances that are established from the Sunnah.
➌ When people added to the words of the talbiyah, the Prophet (sallallahu alayhi wa sallam) did not object to them, even though he heard them. [سنن ابي داؤد : 1813، وسنده صحيح وصححه ابن خزيمه : 2626]
However, it is still better to use only those words that are authentically established from the Prophet (sallallahu alayhi wa sallam).

Hadith Commentary:
Vocabulary of the Hadith:
Khashiya:
This word has been recited both in the passive (majhool) and active (ma’roof) forms.
In the passive form, the deputies (na’ib) would be the Companions (radi Allahu anhum), and in the active form, the doer (fa’il) would be the Prophet (sallallahu alayhi wa sallam).
By the command of the Prophet (sallallahu alayhi wa sallam), the grave was not made in an open place.

English Translation:
1:
In a narration from Jabir bin Abdullah, it is mentioned that people would add phrases such as ((Dha al-Ma'arij)) and similar words to the talbiyah of the Prophet sallallahu alayhi wa sallam, and the Prophet sallallahu alayhi wa sallam would hear them but would not say anything.
From this, it is understood that such additions are permissible.
If it were not permissible, he would have prohibited it.
His silence is evidence for the permissibility of adding to the specific words of the talbiyah.
This addition by Ibn Umar radi Allahu anhu is also of the same category.

In the words of the Talbiyah, the best practice is to confine oneself to the Talbiyah of the Messenger of Allah (sallallahu alayhi wa sallam). However, if someone adds to it, there is no harm in that, since some of the noble Companions (radi Allahu anhum) added words to the Talbiyah in the presence of the Messenger of Allah (sallallahu alayhi wa sallam), and he remained silent about it. Thus, it is established that such additions can be made to the words of the Talbiyah which are based on the glorification of Allah. This is also the view of the majority of scholars. For details, see: (Dhakheerat al-‘Uqba Sharh Sunan an-Nasa’i: 24/220-221)

Benefits and Issues:
➊ The Talbiyah is among the great manifestations of Hajj, through which one expresses love for Allah, devotion to Him, and the resolve to endure every kind of hardship for His sake.

➋ After prayer, when mounting a ride, and when ascending to a height, one should be especially attentive to reciting the Talbiyah.

➌ All Muslims saying the Talbiyah together at the same time demonstrates that everyone is equal before Allah, all are seekers of Allah’s pleasure, and distinctions of color, race, language, and region are insignificant compared to Islam’s universal identity.

➍ There is also a lesson in this that, in ordinary life, Muslims should act with such unity and harmony, and no Muslim should consider another as insignificant.

➎ The repeated affirmation of monotheism (tawhid) in the Talbiyah is to strengthen the belief in tawhid in the heart.

➏ Various wordings of the Talbiyah have been narrated. One may recite whichever wording one wishes among them. It is also correct to sometimes recite the Talbiyah according to one narration and at other times according to another hadith.