Muwatta Malik (Yahya)

Imam Malik, may Allah have mercy on him, was asked about a person who set out with a sacrificial animal, performed the marking and garlanding at Dhu’l-Hulayfah, but did not enter into ihram until he reached Juhfah. Imam Malik, may Allah have mercy on him, replied: In my view, this is not good, and whoever does so has made a mistake. Rather, he should perform the marking and garlanding together with ihram. However, a person who does not intend to go with the sacrificial animal may send it without ihram and remain seated at his home.

Imam Malik, may Allah have mercy on him, was asked whether one can set out with the sacrificial animal (hady) without entering into ihram. He replied: Yes, there is no objection (but when he reaches the miqat, he should enter into ihram from there; he should not proceed further without ihram).

Imam Malik, may Allah have mercy on him, was asked that people have differed in this matter: if a person imitates (performs) the sacrifice of his Hadi (sacrificial animal) but does not intend Hajj or Umrah, will he become a Muhrim (enter the state of Ihram) or not? Imam Malik, may Allah have mercy on him, replied that in this issue we take the statement of Umm al-Mu'mineen Sayyida Aisha, may Allah be pleased with her, that the Messenger of Allah, peace and blessings be upon him, sent his Hadi (sacrificial animal) and he stayed (did not go for Hajj or Umrah), so nothing from the lawful things became unlawful for him, until the Hadi was slaughtered.

Rabee’ah bin Abdullah saw a man in Iraq who had removed his clothes (and that man was Sayyiduna Ibn Abbas, may Allah be pleased with them both), so he asked the people about the reason. The people said: He has ordered the marking of his sacrificial animal, so for that reason he has removed his stitched clothes. Rabee’ah said: I met Sayyiduna Abdullah bin Zubair, may Allah be pleased with him, and narrated this incident to him. He said: By the Lord of the Ka’bah! This act is an innovation.