Nasai

(1) The obligation of Hajj is an issue upon which there is consensus and certainty; the difference of opinion is regarding when it was made obligatory. The well-known view is that it was in the 5th or 6th year of Hijrah, but the more researched opinion appears to be that it was made obligatory in the 9th year of Hijrah. Otherwise, the Prophet (sallallahu alayhi wa sallam) would have gone for Hajj instead of ‘Umrah in the 6th year. Even in the 8th year, after the conquest of Makkah, the Prophet (sallallahu alayhi wa sallam) performed ‘Umrah and returned, although the days of Hajj were near.

(2) “A man.” This was Aqra‘ ibn Habis al-Tamimi (radi Allahu anhu).

(3) “Would have become obligatory.” That is, the command regarding Hajj was revealed in an absolute sense. There was no explicit clarification whether it was obligatory once or every year. Its determination was left to the welfare of the Muslims. If the Prophet (sallallahu alayhi wa sallam) had perceived benefit in making it obligatory every year, it would have become obligatory every year, but this was contrary to the welfare (maslahah), so the Prophet (sallallahu alayhi wa sallam) did not support that person’s suggestion.

(4) In some matters, the Lawgiver (sallallahu alayhi wa sallam) deliberately remained silent so that there would be ease for the Muslims. In such matters, creating hardship through unnecessary questioning is blameworthy. Similarly, abolishing the breadth and flexibility granted by the Shari‘ah is undue extremism. In those matters where the Shari‘ah has left the matter open, it should be left open. One should not impose restrictions from oneself, for example: clothing, haircuts, living arrangements, and other customs. Likewise, in voluntary acts of worship, the explicit commands of the Shari‘ah should be considered sufficient, and people should not be unnecessarily burdened. As for the customs and traditions of a people, as long as they are not explicitly against the Shari‘ah, no restriction should be imposed upon them, nor should one seek proof for them from the Shari‘ah, because proof is required in acts of worship, not in customs. The absence of restriction in customs is itself sufficient.

(5) “According to ability.” It is understood from this that if a person strives to perform a commanded act according to his capacity and ability but is unable to fulfill it completely, then whatever part of the act he is incapable of is waived for him. This applies to good deeds which the Shari‘ah has commanded to be performed. However, in matters which are prohibited, there is no condition of ability; one must completely abstain from them in all circumstances. And Allah knows best.

(6) A command does not always necessitate repetition, nor does it always necessitate non-repetition; rather, its determination will be made based on the context, situation, indications, or evidences.