Nasai

(1) The disputed issue is whether a person who has assumed the ihram for Hajj from the miqat can perform tawaf upon reaching Makkah or not. Ibn Abbas radi Allahu anhu was of the opinion that the pilgrim should not perform the tawaf of arrival (tawaf al-qudum); if he performs tawaf and sa’i upon reaching Makkah, then his tawaf will turn his Hajj into an ‘umrah, thus after performing tawaf and sa’i he will become halal (exit the state of ihram), and during the days of Hajj he should assume a new ihram for Hajj and perform Hajj. In this way, his Hajj will become Hajj tamattu’, and for this, the sacrifice (hady) will become obligatory upon him. This position of his was not correct. In contrast, the position of the majority is the preferred one: that the mufrid (one performing Hajj ifrad) can perform the tawaf of arrival (tawaf al-qudum). In any case, besides Hajj tamattu’, Hajj ifrad and Hajj qiran are also permissible. In the case of Hajj qiran, even after performing tawaf and sa’i upon reaching Makkah, the pilgrim will remain in the state of ihram until he completes the rites of Hajj. For him, the sacrifice is obligatory. This tawaf will be the tawaf of arrival (tawaf al-qudum). His ihram for Hajj will remain valid. During the days of Hajj, he will perform Hajj in this same ihram, and this will be only Hajj; sacrifice will not be obligatory. The one performing Hajj tamattu’ will become halal after tawaf and sa’i, and then on the 8th of Dhu al-Hijjah, he will assume ihram for Hajj. For the mutamatti’ (one performing Hajj tamattu’), sacrifice is also necessary.

(2) It is obligatory upon every Muslim to follow the Book and the Sunnah. If any mufti or scholar issues a fatwa that is contrary to the Qur’an and Sunnah, then it should not be acted upon.

Hadith Commentary: Benefits and Issues: According to Imam Abu Hanifah rahimahullah, Imam Shafi’i rahimahullah, and Imam Ahmad ibn Hanbal rahimahullah, the arrival circumambulation (tawaf al-qudum) is not obligatory (wajib) for those performing Hajj Ifrad or Hajj Qiran. If a person arrives in Makkah at such a constrained time that, were he to perform tawaf al-qudum, he would miss the standing at Arafat—which, by consensus, is the greatest pillar of Hajj and without which Hajj is invalid—then he should proceed to Arafat without performing tawaf al-qudum. In this case, no expiatory sacrifice (dam) will be required of him.

However, according to Imam Malik rahimahullah, Abu Thawr rahimahullah, and some Shafi’i scholars, tawaf al-qudum is obligatory (wajib). If it is omitted, then the sacrifice of an animal becomes necessary. Qadi Shawkani has also considered tawaf al-qudum obligatory based on your (the Prophet’s) practice. But the position of Ibn Abbas radi Allahu ta’ala anhu is that if a person does not have a sacrificial animal (hady), then he should not perform the circumambulation of the House (Bayt Allah) before the standing at Arafat. If he does perform the circumambulation, then the Prophet sallallahu alayhi wa sallam commanded those who did not have a sacrificial animal to make this tawaf an ‘umrah; thus, he will become a mutamatti‘ and will no longer remain a mufrid or qarin.

However, if he does have a sacrificial animal, then he may perform tawaf al-qudum and sa‘i. To say regarding this that Ibn Abbas radi Allahu ta’ala anhu did not consider tawaf al-qudum for the mufrid is not correct. And Ibn Abbas radi Allahu ta’ala anhu was considered to have been afflicted by the tribulations of the world because he became the governor of Basrah during the era of Ali radi Allahu ta’ala anhu, whereas Ibn Umar radi Allahu ta’ala anhu did not accept any office or position.

1:
This means that the Prophet sallallahu alayhi wa sallam proclaimed the talbiyah for both Hajj and Umrah together. The statement of Anas radi Allahu anhu is based on the fact that when he was commanded to combine Umrah with Hajj, it was said to him: ((Say: 'Umrah within Hajj')). On this basis, Anas narrated this report.

1805. Commentary:
➊ The terms "Qiran" (with a kasrah on the letter Qaf) and "Tamattu" for Hajj were not as widely known and established in the beginning as they became later. This is why, in some hadiths, the word "Tamattu" is also used for "Qiran," as has appeared in the above-mentioned hadith. Here, it is used in its linguistic sense, meaning "to benefit." Since they obtained the benefit of performing ‘Umrah during their journey for Hajj, it has been described here in the linguistic sense as "Tamattu." Otherwise, according to the current terminology, this is not Hajj Tamattu but Hajj Qiran.

➋ Upon reaching Makkah, the very first act is the circumambulation (tawaf) of the House of Allah (Baytullah). This tawaf is called "Tawaf al-Qudum" (the arrival circumambulation).

➌ The tawaf begins at the Black Stone (Hajar al-Aswad) and with its touching (istilam), and it also ends there. Istilam means to touch or kiss. In a complete tawaf, seven circuits are performed, and in this first tawaf (Tawaf al-Qudum), it is Sunnah to walk briskly (raml) in the first three circuits. This is called «رمل » or «خبب». However, women are exempt from this. Raml is not performed in any subsequent tawaf.

➍ After tawaf, it is Sunnah to perform two units (rak‘ahs) of prayer. It is recommended (mustahabb) to perform them near the Station of Ibrahim (Maqam Ibrahim). After these, it is also Sunnah to kiss or touch the Black Stone again, which is established from authentic hadith. It should be noted that pushing and shoving to kiss the Black Stone is an ugly and impermissible act, especially for women to push into the crowd. One should wait for their turn with dignity, or simply touch it and gesture, then move on.

➎ For one performing Hajj Tamattu or Qiran, offering a sacrifice is obligatory. If one is unable to offer a sacrifice, then ten fasts must be observed: three during the days of Hajj and the remaining seven after returning to one's family. The days of Hajj refer to before the 9th of Dhu al-Hijjah (the Day of ‘Arafah) or during the days of Tashreeq. (Tafsir Fath al-Qadeer)

➏ One performing Hajj Tamattu or ‘Umrah becomes completely released from the state of ihram after the circumambulation of the House of Allah (tawaf) and the sa‘i between Safa and Marwah, by having their hair cut or shaved. However, one performing Hajj Ifrad or Qiran may change clothes and apply perfume only after offering the sacrifice and shaving the head on the 10th of Dhu al-Hijjah, but cannot approach his wife. After the tawaf of the House of Allah (Tawaf al-Ifadah or Tawaf al-Ziyarah), he becomes completely released from all restrictions.

➐ Shaykh al-Albani rahimahullah has considered the wording in this narration—"At the beginning, the Messenger of Allah sallallahu alayhi wa sallam recited the talbiyah for ‘Umrah, then for Hajj"—to be anomalous (shadh). The correct view is that he first recited the talbiyah for Hajj, and later combined ‘Umrah with Hajj. This did not happen at the beginning, but rather later on. In this way, the other narrations are reconciled. (For details, see: Zad al-Ma‘ad, Fath al-Bari, ‘Awn al-Ma‘bud, etc.)

(1) There is no disagreement regarding the permissibility of Hajj al-Tamattu'. The difference of opinion is about whether the Messenger of Allah (sallallahu alayhi wa sallam) performed Hajj al-Tamattu' or Qiran. The correct view is that he performed Qiran. And Tamattu' can also be referred to as Qiran, because linguistically, Tamattu' means to benefit. In both Tamattu' and Qiran, one benefits from performing 'Umrah along with Hajj; therefore, both can be called Tamattu' in the linguistic sense. Otherwise, the real Tamattu' is that one performs 'Umrah, becomes lawful (halal), and then performs Hajj with a separate ihram. In this hadith as well, Tamattu' is used in its linguistic meaning.

(2) "He pronounced the talbiyah for 'Umrah first"—this statement is contrary to the well-known narrations. In the previous narration, it is reported from Ibn 'Umar (radi Allahu anhu) himself that he pronounced the talbiyah for Hajj. The correct view is that he incorporated 'Umrah into Hajj.

(3) By every forbidden thing becoming lawful is meant the termination of ihram.