Muwatta Malik (Qasim)

Hadith Authentication (Takhrij al-Hadith):
[وأخرجه البخاري 1659، ومسلم 1285، من حديث مالك به]

Jurisprudential Understanding (Tafaqquh)
➊ Pilgrims reach Mina (a valley near Makkah) on the 8th of Dhul-Hijjah to perform the rites of Hajj. Then, on the next day, the 9th of Dhul-Hijjah, they proceed from Mina to Arafat.
➋ While going from Mina to Arafat, both reciting the Talbiyah and saying the Takbirat are permissible.
➌ One should not reject other brothers in matters that are permissible.
➍ If an issue is not known, it should be asked from the people of knowledge.
➎ Scholars should answer based on the Qur’an, Hadith, and the evidences of the Shari’ah.
➏ It is permissible to deduce rulings from the actions of the Companions (radi Allahu anhum) during the time of the Messenger of Allah (sallallahu alayhi wa sallam), provided that such actions are not contrary to any clear and authentic text (evidence).
➐ During Hajj and Umrah, the Talbiyah and Takbir should be recited in a loud voice.
➑ It is permissible to deduce rulings from the reports of the Salaf al-Salih (pious predecessors).

Hadith Footnote:
The investigation of the word "Mina" in the words of Hazrat Allama Qastallani, the commentator of Bukhari rahimahullah, is as follows:
"Mina, with the kasrah (i.e., the vowel 'i') under the meem, is used both as masculine and feminine. If the location is intended, it is masculine, is declinable, and is written with an alif (منا). If the area (a specific place) is intended, then it is feminine, is indeclinable, and is written with a ya (مني). However, the preferred usage is as masculine, and writing it with an alif (منا) is better."
Then he says:
"It was named Mina because 'yumna' (i.e., blood is poured out) there."
That is, this place was named Mina because the intention here is to shed blood (i.e., the ritual sacrifice).

Hadith Commentary:
(1)
The essence of the two Eids is precisely that Allah’s greatness and majesty should be proclaimed aloud during them. However, this does not mean that the talbiyah should be abandoned during these (Dhul-Hijjah) days; rather, along with the talbiyah, the takbirat should also be recited aloud. In these days, the takbirat begin from the ninth of Dhul-Hijjah and continue until the thirteenth of Dhul-Hijjah. However, if someone wishes to return on the twelfth of Dhul-Hijjah, that is up to him.

(2)
From this hadith, it is understood that during the days of Mina, the takbirat should be recited at all times, after the prayers—whether they are voluntary (nafl) or obligatory (fard). Likewise, men and women, residents and travelers—in short, every person in every condition—should recite the takbirat. Imam Bukhari rahimahullah did not make any exception to this; rather, he kept this ruling general, as is also clear from the narrations he has presented.

(3)
These are called the Takbirat of Tashreeq. However, on the Day of Arafah, while going from Mina to Arafat, reciting the talbiyah is also permissible. Accordingly, Imam Bukhari rahimahullah has established a chapter in the Book of Hajj with the following words:
(Bab al-Talbiyyah wa al-Takbir idha ghada min Mina ila Arafah)
“Chapter: The Statement Regarding Reciting the Talbiyah and Takbir When Going from Mina to Arafat.”

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has also mentioned this hadith in the Book of the Two Eids, and there he established the chapter with these words:
(Bab al-Takbir Ayyam Mina wa Idha Ghada ila Arafah)
“Proclaiming Allahu Akbar during the days of Mina and when proceeding to Arafah.”
(2)
In one narration, the narrator of the hadith, Abdullah bin Abu Salamah, said to Ubaydullah:
“I am astonished that you people do not inquire about the way of the Messenger of Allah sallallahu alayhi wa sallam.”
His intent was that from the aforementioned hadith, permissibility is understood, but the superiority (afdaliyah) is not indicated; the superior action will be known from the practice of the Messenger of Allah sallallahu alayhi wa sallam.
In any case, at that time both the takbir (saying Allahu Akbar) and the talbiyah are established; a person may choose whichever he wishes, or he may act upon both.
(Fath al-Bari: 3/644)
(3)
In reality, Imam Bukhari rahimahullah, through this chapter heading and the presented hadith, intends to refute those individuals whose position is that the pilgrims should cease the talbiyah when departing for the plain of Arafah, whereas this position is contrary to the hadith.

Benefits and Issues:
(1)
It is permissible to recite the talbiyah (labbaik) while going from Mina to Arafat, and it is also permissible to say the takbirat.

(2)
It is also correct that a person may recite the talbiyah for some time and say the takbirat for some time.

619 Benefit:
In this hadith, the manner of going from Mina to Arafat is described, which is evidence that at this place, saying the takbir instead of the talbiyah is also correct and valid.

Benefit:
From this hadith, it is understood that one should proceed from Mina to Arafah in the morning, and while going from Mina to Arafah, one may recite either the takbir or the talbiyah, and there is no blame upon anyone who performs a good deed.