Muwatta Malik (Yahya)

Sayyiduna Abdullah bin Zubair, may Allah be pleased with him, used to say: Know that all of Arafat is a place for staying except the valley of ‘Urnah, and all of Muzdalifah is a place for staying except the valley of Muhassir.

Imam Malik, may Allah have mercy on him, said that Allah, the Blessed and Exalted, said: «﴿فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ﴾ [البقرة: 197]» "There is to be no sexual relations, no disobedience, and no arguing during Hajj." The meaning of «رفث» is sexual intercourse, and Allah knows best. Allah, the Blessed and Exalted, said: «﴿أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَائِكُمْ﴾ [البقرة: 187]» "It is made lawful for you to have sexual relations with your wives during the nights of fasting." Here, "rafath" refers to sexual intercourse.

Imam Malik, may Allah have mercy on him, said: And by "fisq" is meant the slaughtering of animals for idols. Allah, the Exalted, said: «﴿أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللّٰهِ بِهِ﴾ [الأنعام: 145]» "Or fisq is that upon which a name other than Allah's has been invoked." And "arguing" refers to the fact that the Quraysh used to stay at Muzdalifah near Qazah, while everyone else would descend at Arafat, so the two groups would fight and argue with each other, saying: "We are on the straight and correct path." The others would say: "We are on the right way." So Allah, the Exalted, said: «﴿لِكُلِّ أُمَّةٍ جَعَلْنَا مَنْسَكًا هُمْ نَاسِكُوهُ، فَلَا يُنَازِعُنَّكَ فِي الْأَمْرِ وَادْعُ إِلَى رَبِّكَ إِنَّكَ لَعَلَى هُدًى مُسْتَقِيمٍ﴾ [الحج: 67]» meaning, "We have appointed for every group a way which they follow, so do not argue with you in the matter of religion, and call to your Lord, surely you are on the straight path." So this is the meaning of arguing during Hajj. (And Allah knows best), and I have heard this from the people of knowledge.

Imam Malik, may Allah have mercy on him, was asked whether one should stay at Arafat while mounted or dismounted. He replied: While mounted. But if there is an excuse for him or his animal, then Allah, Glorious and Exalted is He, accepts the excuse.

Imam Malik, may Allah have mercy on him, was asked whether a person can stay at Arafat or Muzdalifah without ablution, or throw pebbles without ablution, or run between Safa and Marwah without ablution? He replied: All the acts that a menstruating woman can perform, a man without ablution can also perform, and nothing is obligatory upon him except that it is better to remain in a state of ablution for all these acts, and it is not good to be deliberately without ablution.

Sayyiduna Abdullah bin Zubair, may Allah be pleased with him, used to say: Know that all of Arafat is a place for staying except the valley of ‘Urnah, and all of Muzdalifah is a place for staying except the valley of Muhassir.

Imam Malik, may Allah have mercy on him, said that Allah, the Blessed and Exalted, said: «﴿فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ﴾ [البقرة: 197]» "There is to be no sexual relations, no disobedience, and no arguing during Hajj." The meaning of «رفث» is sexual intercourse, and Allah knows best. Allah, the Blessed and Exalted, said: «﴿أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَائِكُمْ﴾ [البقرة: 187]» "It is made lawful for you to have sexual relations with your wives during the nights of fasting." Here, "rafath" refers to sexual intercourse.

Imam Malik, may Allah have mercy on him, said: And by "fisq" is meant the slaughtering of animals for idols. Allah, the Exalted, said: «﴿أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللّٰهِ بِهِ﴾ [الأنعام: 145]» "Or fisq is that upon which a name other than Allah's has been invoked." And "arguing" refers to the fact that the Quraysh used to stay at Muzdalifah near Qazah, while everyone else would descend at Arafat, so the two groups would fight and argue with each other, saying: "We are on the straight and correct path." The others would say: "We are on the right way." So Allah, the Exalted, said: «﴿لِكُلِّ أُمَّةٍ جَعَلْنَا مَنْسَكًا هُمْ نَاسِكُوهُ، فَلَا يُنَازِعُنَّكَ فِي الْأَمْرِ وَادْعُ إِلَى رَبِّكَ إِنَّكَ لَعَلَى هُدًى مُسْتَقِيمٍ﴾ [الحج: 67]» meaning, "We have appointed for every group a way which they follow, so do not argue with you in the matter of religion, and call to your Lord, surely you are on the straight path." So this is the meaning of arguing during Hajj. (And Allah knows best), and I have heard this from the people of knowledge.

Imam Malik, may Allah have mercy on him, was asked whether a person can stay at Arafat or Muzdalifah without ablution, or throw pebbles without ablution, or run between Safa and Marwah without ablution? He replied: All the acts that a menstruating woman can perform, a man without ablution can also perform, and nothing is obligatory upon him except that it is better to remain in a state of ablution for all these acts, and it is not good to be deliberately without ablution.

Imam Malik, may Allah have mercy on him, was asked whether one should stay at Arafat while mounted or dismounted. He replied: While mounted. But if there is an excuse for him or his animal, then Allah, Glorious and Exalted is He, accepts the excuse.