Nasai

391. Commentary:

➊ Tawaf al-Ifadah refers to the circumambulation (tawaf) performed on the 10th of Dhul-Hijjah, which is obligatory upon the pilgrim (haji). The meaning of "ifadah" is "return." Since this tawaf is performed after returning from Arafat, it is called Tawaf al-Ifadah. In addition to this, it is also called Tawaf az-Ziyarah and Tawaf al-Fard (the obligatory tawaf).

➋ After completing the rites of Hajj, it is also necessary to perform tawaf before returning home; this is called Tawaf al-Wada‘ (the farewell tawaf). However, if a woman has already performed Tawaf al-Ifadah and then her menstruation (hayd) begins before the date of her return home, she is excused and may return home without performing Tawaf al-Wada‘.

Hadith Commentary:
It is understood from this that it is recommended (mustahabb) to depart from Muhassab in the last part of the night.
The literal translation of the word "uqra" is "barren" and "halqa" is "head-shaven." The Prophet (sallallahu alayhi wa sallam) used these words out of affection, just as people commonly say "head-shaven" in everyday speech; it is a common colloquial expression.
This hadith also contains many benefits, especially regarding how much compassion and mercy the Prophet (sallallahu alayhi wa sallam) had in his blessed heart for women, that he did not even tolerate the slightest heartbreak of Umm al-Mu'minin Aisha (radi Allahu anha). Rather, to console her, he instructed her to go to Tan'im and assume the ihram for 'umrah from there, and he sent her brother Abdur Rahman (radi Allahu anhu) with her. From this, it is evident that it is not appropriate to leave women alone; rather, it is necessary that a responsible guardian be with them in any case.
Upon hearing the news that Umm al-Mu'minin Safiyyah (radi Allahu anha) had begun menstruating (became ha'id), the Prophet (sallallahu alayhi wa sallam) used the words "uqra" and "halqa" for her out of affection. This also reflects his kindness towards women. Furthermore, it shows that muftis must follow the noble example (uswah hasanah) of the Prophet (sallallahu alayhi wa sallam): within the boundaries of the Shari'ah, adopting every possible leniency is the Prophetic example.

Hadith Commentary:
(1)
If "idlaaj" is pronounced with a shaddah (emphasis) on the letter "dal," it means to travel during the last part of the night. The intent is that one should depart from the valley of Muhassab, where the night was spent, at the time of suhoor (pre-dawn meal).
(2)
Imam Bukhari rahimahullah has mentioned two narrations here. Since both pertain to the same incident, their relevance to the chapter heading is clear, because in the second narration it is explicitly stated that we met you in the last part of the night. Although this is not explicitly mentioned in the first narration, due to the incident being the same, the first narration will also be considered in accordance with the chapter heading. (Umdat al-Qari: 7/397)
(3)
The Messenger of Allah sallallahu alayhi wa sallam, out of affection, used these words for Safiyyah radi Allahu anha: "Aqra’, Halqa’, barren, short-haired." These words exude mercy and compassion, just as on a similar occasion he said to Aisha radi Allahu anha: "Menstruation is a matter that Allah, the Exalted, has decreed for the daughters of Adam." These words are not intended as a supplication against her, nor are they meant to express displeasure. (Fath al-Bari: 3/744)
(4)
The Messenger of Allah sallallahu alayhi wa sallam, for the sake of consoling Aisha radi Allahu anha, said: "Go with your brother, Abdur Rahman ibn Abi Bakr radi Allahu anhu, and assume the ihram for ‘umrah from the place of Tan‘im, and perform ‘umrah," because she had expressed the desire to perform an independent ‘umrah like the other Mothers of the Believers radi Allahu anhunna. Since it is not appropriate for women to travel alone, he sent her brother along with her.

Hadith Commentary: Benefits and Issues:

➊ The Tawaf al-Ifadah, which is also called Tawaf az-Ziyarah and Tawaf ar-Rukn, refers to the circumambulation that is performed on the 10th of Dhul-Hijjah after the stoning of the Jamarat, sacrifice, and shaving or shortening of the hair, when one comes from Mina to Makkah and performs it.

➋ For those who did not have a sacrificial animal (hady) with them, the Prophet sallallahu alayhi wa sallam ordered all of them to annul their Hajj and make it an ‘Umrah. Now, there is a difference of opinion regarding whether a person who has entered into the state of ihram for Hajj, upon reaching Makkah, can change his Hajj into ‘Umrah or not. According to Imam Abu Hanifah rahimahullah, Imam Malik rahimahullah, and Imam Shafi’i rahimahullah, annulling the ihram of Hajj and making it ‘Umrah was something specific to the Companions radi Allahu anhum ajma’in and is not permitted now. However, according to Imam Ahmad rahimahullah, Imam Dawud rahimahullah, Hafiz Ibn Taymiyyah rahimahullah, Ibn Qayyim rahimahullah, and the hadith scholars, whoever did not bring a sacrificial animal (hady) with him must change his Hajj into ‘Umrah.

➌ If a person reaches Makkah and wishes to perform ‘Umrah from there, then according to the majority of scholars, he must go outside the Haram and enter into ihram from the Hill (area outside the Haram). If he enters into ihram for ‘Umrah from within the Haram itself, then according to the well-known opinion of Imam Shafi’i rahimahullah, his ‘Umrah will be valid, but due to abandoning the miqat, a sacrifice (dam) will be obligatory. The second opinion is that this ‘Umrah is not valid; he must go outside the Haram, enter into ihram anew, and then perform ‘Umrah. According to the majority, the ‘Umrah is valid, but since he did not go outside the Haram, thus the Hill and Haram were not combined, so a sacrifice (blood) is obligatory.

According to Imam Malik rahimahullah, performing ‘Umrah from Tan‘im is necessary; without it, ‘Umrah will not be valid. According to the rest of the Imams, ‘Umrah can be performed from any place in the Hill. Hafiz Ibn Hajar writes that ‘Umrah in this case is when a person enters Makkah from outside; going outside Makkah to perform ‘Umrah, except for the ‘Umrah of that Hajj performed by A’ishah radi Allahu anha, is not established from any Companion. There were countless people with the Prophet sallallahu alayhi wa sallam during Hajj, but except for A’ishah radi Allahu anha, no one performed ‘Umrah after completing Hajj, and the Prophet sallallahu alayhi wa sallam performed only one ‘Umrah in a year; he did not perform two ‘Umrahs in one year. Therefore, according to Imam Malik rahimahullah, only one ‘Umrah should be performed in a year.

However, according to the majority, multiple ‘Umrahs can be performed. But the current practice, where people go outside the Haram to Tan‘im daily and perform ‘Umrah, and for this they cut only a few hairs, has no basis.

� Explanation:
The purpose of Sayyid al-Muhaddithin, Hazrat Imam Bukhari rahimahullah, is to state that it is permissible for a menstruating woman (ha’idhah) and a person in a state of major ritual impurity (junub) to recite the Noble Qur’an. As Hazrat Mawlana Abdur Rahman Sahib Mubarakpuri rahimahullah says:
«اعلم ان البخاري عقد بابا فى صحيحه يدل على انه قائل بجواز قراءة القرآن للجنب والحائض .» [تحفة الاحوذي، جلد1، ص : 124]
In the view of Hazrat Imam Bukhari rahimahullah, there is no authentic (sahih) narration in which a junub or ha’idhah is prohibited from reciting (the Qur’an), although there are numerous narrations in this regard and some of them have been declared authentic by several hadith scholars. However, the correct position is that there is no sahih narration in this matter, as the author of Idah al-Bukhari has written in volume 11, page 94. There are narrations that reach the level of hasan, but the common factor among all these narrations is that the junub is not permitted to recite the Qur’an. However, since in the view of Imam Bukhari rahimahullah, no narration has reached the level of sahih, he has therefore considered the recitation of the Qur’an permissible for both the junub and the ha’idhah. Among the jurists (fuqaha), there are two narrations from Imam Malik rahimahullah: in one, both the junub and the ha’idhah are permitted to recite, and this permission is also transmitted from Tabari, Ibn al-Mundhir, and some other scholars.

Mawlana Mubarakpuri quddisa sirruh says:
«تمسك البخاري ومن قال بالجواز غيره كالطبري و ابن المنذر وداود بعموم حديث كان يذكر الله على كل احيانه لان الذكر اعم ان يكون بالقرآن اوبغيره الخ» [تحفة الاحوذي، ج1، ص : 124]
That is, Imam Bukhari rahimahullah and other permissive scholars have deduced from the hadith «يذكرالله على كل احيانه» (The Messenger of Allah sallallahu alayhi wa sallam used to remember Allah in every condition) because the recitation of the Qur’an is included in dhikr (remembrance). However, the preferred position of the majority (jumhur) is that it is not permissible for the junub and ha’idhah to recite the Qur’an. For details, refer to the mentioned section of Tuhfat al-Ahwadhi.

The author of Idah al-Bukhari says: “In reality, the fundamental cause of these differences is the expansiveness (tawassu‘) of Islam, for which the Messenger of Allah sallallahu alayhi wa sallam also spoke during his lifetime, and regarding such differences, he happily foretold that the disagreement of my ummah will be a mercy.” [ايضاح البخاري، ج2، ص : 32]
(The hadith ‘the disagreement of my ummah is a mercy’ is not authentic.)

Benefits and Issues:
Relevance between the Chapter and the Hadith:
The chapter indicates that a menstruating woman should perform all the rites of Hajj except for prayer and circumambulation (tawaf). Imam Bukhari rahimahullah’s intention is also understood to be that a menstruating woman can recite the Qur’an. In the hadith, Imam Bukhari rahimahullah presented as evidence the incident with Heraclius, in which the Prophet sallallahu alayhi wa sallam sent him a letter containing a verse of the Qur’an. Necessarily, the king Heraclius read it while he was in a state of disbelief and impurity. From this, Imam Bukhari rahimahullah established that despite the impurity of disbelief and polytheism, a verse of the Qur’an was sent to him in writing. Conversely, a believing woman in a state of menstruation, although in a state of physical impurity, is by all means less impure than the impurity of disbelief and polytheism, because in the former case, the impurity is due to lack of faith, while in the latter, it is a woman’s physical impurity. Therefore, it is even more appropriate that reciting the Qur’an in this state is permissible.

◈ Allamah Ibn al-Munir rahimahullah also deduced from this hadith the permissibility of recitation for someone in a state of major ritual impurity (janabah), and he states that menstruation (hayd) is a greater state of impurity (hadath akbar) than janabah. Therefore, if reciting the Qur’an is permissible in the state of menstruation, then why should it not be permissible in the state of janabah, which is a lesser impurity? See: [المتواريص 83]

All these hadiths and reports that Imam Bukhari rahimahullah has presented have the same purpose: that a person in a state of janabah and a woman in a state of menstruation can recite the Noble Qur’an, and nothing prevents them from doing so. This is because King Heraclius was a disbeliever and polytheist, and he is considered in the same ruling as someone in a state of janabah. When the Qur’an was sent to him in writing and his recitation of it was deemed permissible, then the recitation of the Qur’an by a menstruating woman and a person in janabah is also permissible.

◈ Hafiz Ibn Hajar rahimahullah says:
«قيل مقصود البخاري ذكر فى هذا الباب من الاحاديث والاثار ان الحيض وما فى معناه من الجنابة لا ينافي جميع العبادات» [فتح الباري ج1، ص537]
“The purpose of Imam Bukhari rahimahullah in presenting all these hadiths and reports is that it is permissible for a woman in a state of menstruation and a person in a state of janabah to recite the Qur’an and engage in remembrance (dhikr).”

Therefore, Imam Bukhari rahimahullah establishing the chapter that a menstruating woman should perform all acts in Hajj except for tawaf, and presenting hadiths that Heraclius read a verse of the Qur’an, is relevant as we have explained: Heraclius is in the ruling of someone in janabah; when he can recite, then why not a menstruating woman?

◈ Allamah Kirmani has presented another reconciliation: that since a woman experiences menstruation every month, if she does not recite the Qur’an, she will forget it. For details, see: [الكواكب الدراري شرح صحيح الباري ج2، ص167]

The purpose of Imam Bukhari rahimahullah is to state that recitation of the Noble Qur’an is permitted for both menstruating women and those in a state of janabah. As:

◈ Shaykh Abdur Rahman Mubarakpuri rahimahullah says:
«اعلم ان البخاري عقد باباً فى صحيحه يدل على انه قائل بجواز قراءة القرآن للجنب والحائضة» [تحفةالاحوذي، ج1، ص124]
“Know that the chapter Imam Bukhari rahimahullah established in his Sahih indicates that Imam Bukhari rahimahullah holds the view of permissibility, that a person in janabah and a menstruating woman can recite the Noble Qur’an.”

In the view of Imam Bukhari rahimahullah, there is no authentic narration that prohibits a person in janabah or a menstruating woman from reciting. Although there are several narrations in this regard, and some have been authenticated by certain hadith scholars, the correct view is that there is no authentic narration in this matter. In the view of Imam Bukhari rahimahullah, no narration reaches the level of authenticity. Therefore, he considered the recitation of the Qur’an permissible for those in janabah and menstruation. Among the jurists, there are two narrations from Imam Malik rahimahullah that prohibit menstruating and postpartum women from reciting the Qur’an, but those narrations do not reach the level of proof. The first narration is reported from Ibn Umar radi Allahu anhuma: «عن ابن عمر رضي الله عنهما عن النبى صلى الله عليه وسلم لا يقرأ الجنب ولا الحائض شيئا من القرآن» [رواه ابوداؤد، رقم 229، سنن الترمذي، رقم : 146]
In its chain is Isma’il ibn ‘Ayyash, and he is weak, especially when he narrates from the people of Hijaz, and this narration is among those. See: [نيل الاوطار، شرح منتقي الاخبار، ج1، ص 293]

The second narration is: «لا تقرا الحائض ولا نفساء من القرآن شيئاً» [رواه الدارقطني فى سنة : ج1ص121]
That is, a menstruating or postpartum woman should not recite anything from the Qur’an. In its chain is Muhammad ibn al-Fudayl, who is abandoned, and it is ruled to be fabricated.

◈ Imam Bayhaqi says:
«هَذَا الْاَثَرُ لَيْسَ بِقوِي» “Therefore, there is no explicit evidence regarding the prohibition of recitation of the Qur’an by menstruating or postpartum women.” For this reason, Imam Shawkani rahimahullah said:
«والحديث هذا والذي بعده لا يصلحان للاحتجاج بهما على ذالك»
The narrations of Ibn Umar and Jabir ibn Abdullah radi Allahu anhum are not reliable enough in terms of authenticity to be used as evidence. Therefore, if menstruating and postpartum women do not recite the Qur’an for a long time, they will forget it. It is possible that this is also a reason, and that there is no authentic ruling prohibiting them in any hadith. As for the person in janabah, his state is very brief; as soon as he performs the ritual bath (ghusl), he becomes pure. Regarding the person in janabah, the hadith prohibiting recitation of the Qur’an is found in Musnad Abi Ya’la al-Mawsili, narrated from Sayyiduna Ali radi Allahu anhu, that a person in janabah should not recite the Qur’an. See: [مسند ابي يعلي ج1، ص188۔ رجاله موثقون]

Hadith Commentary:
The purpose of the leader of the hadith scholars, Imam Bukhari rahimahullah, is to state that it is permissible for a menstruating woman (ha’idhah) and a person in a state of major ritual impurity (junub) to recite the Noble Qur’an.
As Mawlana Abdur Rahman Sahib Mubarakpuri rahimahullah states:
“Know that Bukhari has established a chapter in his Sahih which indicates that he holds the view of permissibility of reciting the Qur’an for the junub and the menstruating woman.”
(Tuhfat al-Ahwadhi, vol. 1, p. 124)
In the view of Imam Bukhari rahimahullah, there is no authentic narration in which the junub and the menstruating woman are prohibited from recitation.
Although there are multiple narrations in this regard, and some have been authenticated by several hadith scholars, the correct position is that there is no authentic narration in this matter.
As the author of Idah al-Bukhari has written in volume 11, p. 94:
There are narrations that reach the level of hasan, but the common factor among all these narrations is that the junub is not permitted to recite the Qur’an.
However, since in the view of Imam Bukhari rahimahullah, no narration has reached the level of authenticity,
therefore, he has considered the recitation of the Qur’an permissible for both the junub and the menstruating woman.
Among the jurists, there are two narrations from Imam Malik rahimahullah:
In one, both the junub and the menstruating woman are permitted to recite, and this permission is also transmitted from Tabari rahimahullah, Ibn al-Mundhir rahimahullah, and some others.
Mawlana Mubarakpuri quddisa sirruh states:
“Bukhari and others who permitted it, such as Tabari, Ibn al-Mundhir, and Dawud, held to the generality of the hadith: ‘He (the Prophet sallallahu alayhi wa sallam) used to remember Allah in all his states,’ because dhikr is broader, whether it is with the Qur’an or otherwise, etc.” (Tuhfat al-Ahwadhi, vol. 1, p. 124)
“That is, Imam Bukhari rahimahullah and other permitters have deduced from the hadith ‘He (the Prophet sallallahu alayhi wa sallam) used to remember Allah in all his states’ (the Messenger of Allah sallallahu alayhi wa sallam used to remember Allah in every condition)
because recitation of the Qur’an is included in dhikr.”
However, the preferred position of the majority is that it is not permissible for the junub and the menstruating woman to recite the Qur’an.
For details, refer to the aforementioned section of Tuhfat al-Ahwadhi.
The author of Idah al-Bukhari states that in reality, the fundamental reason for these differences is the expansiveness of Islam, for which the Prophet sallallahu alayhi wa sallam also stated during his lifetime, and regarding such differences, he happily foretold that the disagreement of my ummah will be a mercy.
(Idah al-Bukhari:
vol. 2, p. 32) (The hadith that the disagreement of the ummah is a mercy is not authentic)

Hadith Commentary:
1.
Apparently, the purpose of the chapter heading is that a menstruating woman (ha’idha) can perform all the rites of Hajj during her menstruation, except for the circumambulation (tawaf) of the House of Allah, and she is not permitted to perform the sa’i between Safa and Marwah. However, the traditions (athar) presented by Imam Bukhari rahimahullah indicate that, according to him, it is permissible for a menstruating woman and a person in a state of major ritual impurity (junub) to recite the Noble Qur’an.
Previously, some introductory points were mentioned:
➊
It is permissible to recite the Qur’an in the proximity of impurity (najasa).
➋
It is permissible to recite the Qur’an while in the lap of a menstruating woman.
➌
A menstruating woman may lift the Qur’an by its cover’s string.
Now, in this chapter, as “other people’s hadiths,” he has stated his objectives: that neither menstruation is a barrier to reciting the Noble Qur’an, nor is a state of major ritual impurity (janabah) a prohibition.
As Hafiz Ibn Hajar rahimahullah, Ibn Battal rahimahullah, and Ibn Rashid rahimahullah write, Imam Bukhari rahimahullah derived from the hadith of Aisha radi Allahu anha that it is permissible for a menstruating woman and a person in a state of janabah to recite the Qur’an, because regarding prohibition, only tawaf is mentioned among the rites of Hajj.
That is, apart from tawaf, she can perform the other rites of Hajj.
And tawaf is prohibited because it is a specific form of prayer (salah); the rest of the acts of Hajj consist of remembrance (dhikr), talbiyah, and supplication (du’a), none of which are prohibited for a menstruating woman, nor are they prohibited for a person in a state of janabah, because the state of impurity (hadath) in menstruation is more severe.
If it is permissible for a menstruating woman, then it should be even more permissible for a person in a state of janabah.
If the remembrance of Allah is permissible, then recitation should also be permissible, as there is no difference between them.
If the prohibition of reciting the Qur’an for a menstruating woman and a person in a state of janabah is a matter of pure worship (amr ta’abudi), then it requires a specific proof.
The ahadith that have been narrated regarding its prohibition do not, in the view of Imam Bukhari rahimahullah, reach the level of authenticity.
Although, according to those who prohibit, these narrations collectively have the potential to serve as proof, most of them can be interpreted otherwise.
(Fath al-Bari: 1/529)
2.
Imam Bukhari rahimahullah is not unique in adopting the position of permissibility of reciting the Qur’an for a menstruating woman and a person in a state of janabah.
Among the predecessors, several scholars, such as Imam Tabari rahimahullah, Ibn Mundhir rahimahullah, Dawud and others, also consider it permissible for a person in a state of janabah and a menstruating woman to recite the Qur’an. However, these scholars do not have any explicit and clear proof for its permissibility; rather, they have deduced from the general and absolute statements of ahadith and traditions. But such generalities and absolutes cannot serve as proof against a specific ruling, as they are not effective in the face of a specific command.
Hafiz Ibn Hajar rahimahullah writes that the traditions from which Imam Bukhari deduced his position have all been subject to dispute and discussion, the details of which would be lengthy.
However, from Imam Bukhari’s method, it is clear that he intends to establish the permissibility of recitation from them.
On behalf of the majority, the hadith narrated from Ali radi Allahu anhu is presented as evidence for the prohibition of recitation:
“The only thing that prevented the Messenger of Allah sallallahu alayhi wa sallam from reciting and teaching the Qur’an was major ritual impurity (janabah).”
(Sunan Abi Dawud, Book of Purification, Hadith: 229)
Imam Tirmidhi rahimahullah and Imam Ibn Hibban rahimahullah have declared this narration authentic.
Although some scholars have considered some of its narrators weak, the correct view is that this narration is of the category of hasan and is suitable to be used as evidence.
However, it has been said that this inference is questionable, because this is a mere action of the Messenger of Allah sallallahu alayhi wa sallam, which does not constitute a prohibition for others.
Imam Tabari rahimahullah has answered this by saying that, in light of the evidence of both the prohibitors and the permitters, it should be interpreted as what is more complete (akmal), i.e., it is better to avoid recitation in such a state, but there is room for permissibility.
The hadith which states that a menstruating woman and a person in a state of janabah cannot recite any part of the Qur’an is weak and unsuitable as evidence from all its chains.
(Fath al-Bari: 1/530)
3.
Imam Bukhari rahimahullah has presented, as the last marfu’ hadith, the hadith of Aisha radi Allahu anha, which has already been mentioned.
It states that you are permitted everything except the circumambulation (tawaf) of the House of Allah.
Imam Bukhari’s reasoning is that a menstruating woman can perform all the rites of Hajj except tawaf, and these rites include talbiyah, remembrance (dhikr), supplications (du’a), etc., which also include the Qur’an.
If a menstruating woman is permitted, then a person in a state of janabah should be even more so permitted to recite the Qur’an.
But we would say that there is a significant difference between reciting the Qur’an as supplication (du’a) and reciting the Qur’an as tilawah (formal recitation).
There is no disagreement about reciting verses of the Qur’an as supplication or remembrance.
The disagreement is whether it is permissible for a menstruating woman and a person in a state of janabah to recite the Qur’an as formal recitation (tilawah).
According to the majority, it is not permissible.
In the view of Imam Bukhari rahimahullah, there is no authentic narration in which a person in a state of janabah or a menstruating woman is prohibited from reciting the Qur’an, and thus he has considered it permissible for them to recite the Qur’an. Although there are several narrations containing a prohibitive ruling, and some hadith scholars have authenticated them, other scholars consider there to be narrations of the level of hasan.
The common theme in these various narrations is that recitation of the Qur’an is not permitted for a menstruating woman or a person in a state of janabah.
In any case, both positions exist on the issue under discussion.
Among those who agree with Imam Bukhari rahimahullah are eminent scholars and leading imams such as Imam Ibn Hazm rahimahullah, Imam Ibn Taymiyyah rahimahullah, Imam Ibn al-Qayyim rahimahullah, and others.
Therefore, this position cannot be considered weightless in terms of evidence.
The other position is based on caution, and its proponents are greater in number.
And Allah knows best.

Explanation:
Tamattu‘ refers to when a person, upon reaching the miqat, assumes ihram only for ‘umrah, then upon reaching Makkah, performs ‘umrah and exits ihram. After that, on the 8th of Dhu’l-Hijjah, he assumes ihram for Hajj. The relevance of the chapter heading is as follows: when combing the hair is legislated for the ritual bath (ghusl) of ihram, then it is even more appropriate for the ritual bath of menstruation. Tan‘im is three miles from Makkah, close to the Haram. In the narration, there is mention of Laylat al-Hasbah; by this is meant the night when, after completing the rites of Hajj at Mina, people return and stay in the valley of Muhassab. This is the night of the 13th or 14th of Dhu’l-Hijjah, and it is called Laylat al-Hasbah.

Hafiz Ibn Hajar rahimahullah and other commentators have said, regarding the purpose of the chapter heading, whether a menstruating woman can assume ihram for Hajj or not, and then from the narration, its permissibility has been established. Although this is correct, the apparent wording indicates the meaning: in what state should a menstruating woman assume ihram—should she perform the ritual bath (ghusl) and then assume ihram, or do so without the bath? In another narration, the ritual bath is mentioned, even though purity will not be attained, but the ritual bath for ihram is a Sunnah. Thus, it will be acted upon.

Hadith Commentary:
1.
Imam Bukhari rahimahullah wishes to highlight the distinctive status of the ritual bath (ghusl) for menstruation (hayd). Previously, it was mentioned that the use of musk during the ritual bath for menstruation is a distinguishing feature from the ritual bath for major ritual impurity (janabah), and in this chapter heading, it is established that, contrary to the ritual bath for janabah, during the ritual bath for menstruation, the disarray of the hair must be removed by combing, so that washing them becomes easier.

In the upcoming chapter, the mention of undoing hair braids will be discussed.

From this, it is understood that according to Imam Bukhari rahimahullah, undoing the hair (naqdh ra’s) during the ritual bath for menstruation is necessary, whereas it is not necessary during the ritual bath for janabah.

As Umm Salamah radi Allahu anha asked the Messenger of Allah sallallahu alayhi wa sallam: “I make many braids in my hair, do I have to undo them during the ritual bath for janabah?” He replied: “No.” (Sahih Muslim, al-Hayd, Hadith: 744 (330))

However, Abdullah ibn Amr radi Allahu anhu used to be strict in this matter; he would order women to undo their hair even during the ritual bath for janabah.

In reaction, A’ishah radi Allahu anha would say: Why does he not order them to shave their heads instead of undoing their hair? The Messenger of Allah sallallahu alayhi wa sallam and I used to perform the ritual bath together from a single vessel, and I would pour water over my head only three times. (Sahih Muslim, al-Hayd, Hadith: 747 (331))

In another hadith in Sahih Muslim, the Messenger of Allah sallallahu alayhi wa sallam told Umm Salamah radi Allahu anha that it is sufficient for you to pour three handfuls of water over your head. (Sahih Muslim, al-Hayd, Hadith: 744 (330))

According to Imam Bukhari rahimahullah, the concession regarding hair applies to the ritual bath for janabah, not for menstruation; in the ritual bath for menstruation, the hair must be undone and combed. However, the majority (jumhur) consider this to be recommended (mustahabb), because in one narration, Umm Salamah radi Allahu anha asked about both the ritual bath for janabah and for menstruation: Is it necessary to undo the hair in both? He replied: No. (Sahih Muslim, al-Hayd, Hadith: 745 (330)) (Some scholars have declared the words “wal-haydah” in this narration to be anomalous (shadh), and this is the preferred view.)

Therefore, the argument of the majority is not correct.

According to the majority, there is no difference between the ritual bath for janabah and for menstruation; it is necessary for water to reach the roots of the hair. If this can be achieved without undoing the hair, then there is no need to undo it. If water cannot reach the roots without undoing, then it is necessary to undo the hair. According to us, the narration of Sahih Bukhari is preferred, in which the undoing of the hair during the ritual bath for menstruation is mentioned.

It should be noted that in the hadith of the chapter, the ritual bath is not mentioned, but in the chapter heading, Imam Bukhari has specified the ritual bath. According to him, undoing the hair and combing it is an allusion to the ritual bath, or he relied on other narrations in which the ritual bath is mentioned. (Sahih Muslim, al-Hajj, Hadith: 2937 (1213))

Now there are two scenarios:
© This ritual bath is considered related to menstruation, even if menstruation has not yet ended; however, it can be done for the purpose of reducing and lessening impurity.
© The ritual bath of ihram is considered a Sunnah, in which bodily cleanliness and purification are intended.

The ritual bath of ihram is of the status of Sunnah. If, due to cleanliness and purification, it is necessary to undo the hair and comb it during the ritual bath, then all the more so must this necessity be acknowledged in the ritual bath for menstruation, as the purpose of cleanliness and purification exists in both cases. In fact, the importance given to the ritual bath for menstruation is not given to the ritual bath of ihram in any way, because the ritual bath for menstruation is obligatory (fard), and its purpose is the removal of impurity, whereas the ritual bath of ihram is Sunnah and its purpose is only bodily cleanliness. (Fath al-Bari: 1/541)

2.
The “Night of al-Muhassab” refers to the night in which, after completing the rites of Hajj, the people of Madinah would halt for assembling their caravan. Their encampment was in the valley of al-Muhassab, which is a place between Makkah and Mina. Then, gathering there, they would depart towards Madinah in the last part of the night. The thirteenth or fourteenth night of Dhu al-Hijjah is called Laylat al-Hasbah or the Night of al-Muhassab.

Explanation:
This is also called the Tawaf al-Ifadah. It is performed on the tenth day after coming from Mina. This tawaf is obligatory (fard) and is a pillar (rukn) of Hajj. However, the Tawaf al-Wada‘, which pilgrims perform at the time of departure from the Sacred Ka‘bah, is not obligatory (fard). Therefore, it is excused for a menstruating woman.

Hadith Commentary:
1.
There are three types of circumambulation (tawaf):
➊.
Tawaf al-Qudum:
It is also called the Tawaf of Greeting (tahiyyah).
This tawaf is performed immediately upon entering the House of Allah (Baytullah).
If a woman arrives in Makkah in a state of menstruation (hayd), this tawaf is waived for her.
➋.
Tawaf al-Ifadah:
It is also called the Tawaf of Visitation (ziyarah).
This is a pillar (rukn) of Hajj.
This tawaf is performed on the 10th of Dhul-Hijjah.
It is not waived under any circumstance.
If a woman begins menstruating, she should wait until it ends, perform Tawaf al-Ifadah, and then return to her homeland.
➌.
Tawaf al-Wada‘:
It is also called the Tawaf of Departure (sadr), which is performed at the time of returning home.
If a woman is in a state of menstruation, Tawaf al-Wada‘ is also waived for her.
2.
The purpose of Imam al-Bukhari rahimahullah is that after performing Tawaf al-Ifadah, which is a pillar of Hajj, if a woman begins menstruating, it is not necessary for her to remain in Makkah for Tawaf al-Wada‘; she may return to her home, because the Shari‘ah has waived it for her.
Tawaf al-Ifadah is also called Tawaf al-Rukn, Tawaf al-Ziyarah, and Tawaf Yawm al-Nahr.
The initial fatwa of Ibn ‘Umar radi Allahu anhu was that a menstruating woman must wait for purification (taharah) in order to perform Tawaf al-Wada‘.
When he learned that the Messenger of Allah sallallahu alayhi wa sallam had granted a concession in this matter, he retracted this position—or perhaps he had known of the concession earlier but had forgotten, and thus began issuing a fatwa that was affected by this forgetfulness; later, when reminded, he withdrew his fatwa.
From this hadith, it is understood that a menstruating woman cannot perform the circumambulation (tawaf) of the House of Allah (Baytullah).
(Fath al-Bari: 1/555)

Commentary:
(1)
By uncovering the head is meant that the plaited hair should be untied and the head washed.
This ruling does not apply to the ritual bath (ghusl) of major ritual impurity (janabah). (See Hadith: 604, 603)

(2)
Some individuals, reasoning from the wording found in Sahih Muslim (فَأَنْقُضُهُ لِلْحَيْضَةِ وَالْجَنَابَةِ؟ فَقَالَ لَا) (Sahih Muslim, Book of Menstruation, Chapter: Ruling on the Braids of a Woman Performing Ritual Bath, Hadith: 330), say that it is not necessary for a woman to untie her hair during the ritual bath (ghusl) of menstruation (hayd). However, the author of ‘Awn al-Ma‘bud and Shaykh al-Albani rahimahullah have explicitly stated that in one chain of Sahih Muslim, the addition of (الحیضة) is irregular (shadh); the original narration is preserved without (الحیضة). See: (Awn al-Ma‘bud, Book of Purification, Chapter: Should a Woman Untie Her Hair When Performing Ritual Bath, and al-Albani’s al-Sahihah, Hadith: 188)

1:
In the narration of Bukhari and Muslim, it is stated: "Ahlī bil-ḥajj wa iṣnaʿī mā yaṣnaʿu al-ḥājj ghayra annā lā taṭūfī bil-bayt," meaning: Proclaim the talbiyah for Hajj and do all the actions that a pilgrim does, except that you should not perform the circumambulation (ṭawāf) of the House (Ka'bah).

Hadith Commentary:
Vocabulary of the Hadith:
‘Aqriya:
The literal meanings of “halqi” can vary,
but the Arabs do not use these words in such contexts according to their literal meanings;
they use them merely as idiomatic expressions.

Benefits and Issues:
➊
If a woman begins menstruating before reaching Makkah al-Mukarramah or before starting the circumambulation (tawaf), she will not perform the initial circumambulation (tawaf al-qudum).
And since the sa’i between Safa and Marwah must be performed after the circumambulation of the House of Allah (Baytullah), she will also not be able to perform the sa’i. Apart from these, she will perform all the other rites (manasik) of Hajj.
Similarly, if a woman begins menstruating after performing the tawaf al-ifadah (which is performed on the 10th of Dhul-Hijjah),
then it is not necessary for her to stay for the final circumambulation (tawaf al-wada‘);
she may depart with her companions.

➋
The correct situation is that Aishah radi Allahu anha, after completing her ‘umrah, was ascending towards Mahsab from Makkah, and the Prophet sallallahu alayhi wa sallam had already prepared to descend from Mahsab towards Makkah. Upon the arrival of Aishah radi Allahu anha, he departed, as has already been mentioned in (Hadith number 123).

Hadith Commentary:
Benefits and Issues:
From this hadith, it is understood that in the reward and merit of Hajj and Umrah, there is an increase or decrease corresponding to the hardship and difficulty endured, as well as the amount of expenditure incurred. Those who travel from distant places and bear hardship and toil to perform Umrah or Hajj receive greater reward and merit.

Hadith Commentary: Benefits and Issues: When they had set out from Madinah, according to the custom of the Arabs, everyone’s intention was to perform Hajj. The change had to be made later, when the command from Allah Ta’ala to combine ‘Umrah with Hajj was revealed through an implicit revelation (wahy khafi).

Hadith Commentary: Benefits and Issues: There is no contradiction in these various narrations; rather, the entire situation occurred collectively. All the noble wives (azwaj mutahharat) were aware of this incident, and all of them affirmed it. Therefore, sometimes an individual’s name is mentioned, and at other times, all are mentioned collectively.

1743. Commentary: By "Maqam Shajarah" is meant Dhul-Hulaifah or Al-Bayda, which is the miqat (designated station for entering ihram) for the people of Madinah.

Hadith Commentary: The Prophet (sallallahu alayhi wa sallam) sent Aisha (radi Allahu anha) to Taneem to assume the ihram for umrah.

Regarding this, Allamah Nawab Siddiq Hasan Khan (rahimahullah) states:

➊ The miqat for the people of Makkah is the area outside the sanctuary (hill), as established by the authentic hadiths in Sahihayn and others, wherein the Prophet (sallallahu alayhi wa sallam) instructed Abdur Rahman ibn Abi Bakr (radi Allahu anhu) to take Aisha (radi Allahu anha) to Taneem, and she assumed ihram for umrah from there. Whoever claims that the miqat for umrah is one’s residence or Makkah itself, their response to this hadith is that this instruction was given merely to please Aisha (radi Allahu anha), so that she could enter into ihram from the hill, as the other wives had done. However, this answer is contrary to the apparent meaning.

➋ The conclusion is that the Prophet (sallallahu alayhi wa sallam) did not specify a miqat for umrah, whereas the specification of the miqat for hajj for people coming from every direction is established.

➌ Therefore, if umrah is to be performed from these mawaqeet (fixed stations) just like hajj, then the Prophet (sallallahu alayhi wa sallam) has stated in an authentic hadith: “Whoever is within these boundaries, his miqat is his home; he should assume ihram from his home.” Similarly, the people of Makkah should assume ihram from Makkah itself, and this is found in Sahihayn.

➍ In fact, in the hadith of Ibn Abbas (radi Allahu anhu), after mentioning the mawaqeet for the people of each locality, it is explicitly stated that the Messenger of Allah (sallallahu alayhi wa sallam) said: “These are for their people and for those who pass by them, who are not of their people, for whoever intends hajj and umrah.” This hadith is in Sahihayn, and in it, the word “umrah” is explicitly mentioned.

(Budur al-Azhillah, p. 152)

The miqat for umrah for the people of Makkah is the area outside the sanctuary (hill).

Just as the Prophet (sallallahu alayhi wa sallam) instructed Abdur Rahman ibn Abi Bakr (radi Allahu anhu) to take his sister Aisha (radi Allahu anha) to Taneem, and she assumed ihram for umrah from there. And those scholars who have said that the miqat for umrah is one’s own home or Makkah itself, have responded regarding this hadith that the Prophet (sallallahu alayhi wa sallam) gave this instruction merely to console Aisha (radi Allahu anha), so that she could assume ihram from the hill, as the other noble wives had done. However, this answer is contrary to the apparent meaning.

The conclusion is that the Prophet (sallallahu alayhi wa sallam) did not specify a miqat for umrah, whereas the specification of the miqat for hajj for people coming from every direction is established.

Therefore, if umrah is to be performed from these mawaqeet just like hajj, then the Prophet (sallallahu alayhi wa sallam) has stated in an authentic hadith that those who are within the mawaqeet, their miqat is their home, and they should assume ihram from their homes. Similarly, the people of Makkah should assume ihram from Makkah itself, and this hadith is in Sahihayn.

In fact, in the hadith of Ibn Abbas (radi Allahu anhu), after mentioning the mawaqeet for the people of each locality, it is explicitly stated that the Messenger of Allah (sallallahu alayhi wa sallam) said: “These are for their people and for those who pass by them, who are not of their people, for whoever intends hajj and umrah.” And this hadith is in Sahihayn, and in it, the word “umrah” is explicitly mentioned.

The indication of the late Nawab seems to be that when the people of Makkah will assume ihram for hajj from Makkah itself, and their homes are their miqat, then the same ruling applies for umrah.

Because in this hadith, the Messenger (sallallahu alayhi wa sallam) mentioned hajj and umrah together in the same place.

Therefore, regarding the mawaqeet, all the rulings that apply to hajj also apply to umrah.

Based on this, it is not necessary for those who are assuming ihram for umrah from Makkah Sharif to go to Taneem.

And Allah knows best what is correct.

Hadith Commentary:
(1)
From this hadith, it is also understood that abandoning adornment and unnecessary luxuries during Hajj is superior; in this, a person should not be concerned with his own comforts. If any hardship or difficulty arises during this journey, it should be borne with a cheerful face, and no word of complaint should come to one's tongue, because this journey is no less than jihad.
(2)
The Messenger of Allah (sallallahu alayhi wa sallam) sent Aisha (radi Allahu anha) to perform ‘umrah from Tan‘im because it was a location at the nearest boundary of the Haram. We will present the complete details regarding this matter later, insha’Allah.

Hadith Commentary:
There are three types of Hajj:
➊ Tamattu‘ is that one assumes the ihram for ‘umrah from the miqat, and after reaching Makkah, performs the tawaf and sa‘i, then exits the state of ihram. Then, on the eighth (of Dhu’l-Hijjah), one assumes ihram for Hajj from within the Haram itself.
➋ The second is Qiran, which is that one assumes ihram for both Hajj and ‘umrah together from the miqat, or first assumes ihram for ‘umrah and then includes Hajj in it. In this case, the acts of ‘umrah are incorporated into the Hajj, and the acts of ‘umrah do not need to be performed separately.
➌ The third is Ifrad Hajj, meaning one assumes ihram for Hajj alone from the miqat, and for the one who does not have a sacrificial animal (hady) with him, it is permissible to convert his Hajj into ‘umrah.
This is permissible according to our Imam Ahmad ibn Hanbal rahimahullah and all the Ahl al-Hadith.
But Imam Malik, Shafi‘i, Abu Hanifah, and the majority of scholars have said that this matter was specific to those Companions radi Allahu anhum whom the Prophet sallallahu alayhi wa sallam granted permission, and they take as evidence the hadith of Hilal ibn Harith, in which it is stated, “This is specific for you.” However, this narration is weak and not reliable.
Imam Ibn al-Qayyim, Shawkani, and the verifying scholars of Ahl al-Hadith have said that the conversion (fasakh) of Hajj has been narrated by twenty-four Companions radi Allahu anhum.
A single weak narration of Hilal ibn Harith cannot stand against them.
The Prophet sallallahu alayhi wa sallam commanded those Companions who had not brought a sacrificial animal to perform ‘umrah and exit the state of ihram.
From this, the permissibility of tamattu‘ and converting Hajj into ‘umrah is established. And the command given to ‘A’ishah radi Allahu anha to intend Hajj, from this the permissibility of Qiran is derived.
Although this is not explicitly stated in that narration, since she did not perform ‘umrah due to menstruation and began Hajj, this meaning is derived.
This has already been explicitly stated in the previous narrations.
(Wahid al-Zaman, rahimahullah)

Hadith Commentary:
(1)
When the Messenger of Allah (sallallahu alayhi wa sallam) instructed those noble Companions (radi Allahu anhum) who had not brought sacrificial animals to perform ‘umrah and then exit the state of ihram, this establishes the validity of Hajj al-Tamattu‘. Furthermore, it also proves the permissibility of converting (fasakh) the intention of Hajj into ‘umrah.

(2)
This is also the heading chosen by Imam al-Bukhari (rahimahullah); however, in this hadith it is mentioned that our intention was only to perform Hajj, whereas according to the narration of ‘Urwah, ‘A’ishah (radi Allahu anha) had assumed ihram for ‘umrah.
(Sahih al-Bukhari, al-‘Umrah, Hadith: 1783; al-Maghazi, Hadith: 4395)
‘Allamah Isma‘ili (rahimahullah) has declared the narration in which ‘A’ishah (radi Allahu anha) is mentioned as having assumed ihram for ‘umrah to be incorrect.
The real matter is that, in the pre-Islamic era (Jahiliyyah), it was thought that ‘umrah should not be performed during the months of Hajj. Therefore, the noble Companions (radi Allahu anhum) set out having assumed ihram for Hajj.
Among them was also ‘A’ishah (radi Allahu anha).
Then, when the Messenger of Allah (sallallahu alayhi wa sallam) clarified and declared it permissible to perform ‘umrah during the months of Hajj, ‘A’ishah (radi Allahu anha) assumed ihram for ‘umrah. Therefore, there is no need to declare the narration of ‘Urwah as incorrect.
A possible reconciliation between these various narrations is that ‘A’ishah (radi Allahu anha) initially assumed ihram for Hajj al-Ifrad, just as the other Companions did.
This is what is mentioned in the aforementioned hadith of Aswad.
Then, when the Prophet (sallallahu alayhi wa sallam) instructed that the ihram for Hajj be converted into ‘umrah, ‘A’ishah (radi Allahu anha) also changed her ihram to that of ‘umrah, as is mentioned in the hadith of ‘Urwah. However, when they entered Makkah al-Mukarramah, ‘A’ishah (radi Allahu anha) was unable to perform ‘umrah due to her condition, so the Prophet (sallallahu alayhi wa sallam) instructed her to leave off the ‘umrah and said: “Now intend the ihram for Hajj.”
(Fath al-Bari: 3/534)

Hadith Commentary:
(1)
The first part of the chapter heading is established from this hadith, but the second part is not proven by it.
Perhaps Imam al-Bukhari rahimahullah has alluded to another narration of this hadith, in which Imam Malik rahimahullah has reported an additional statement that a menstruating woman should also not perform the sa’i (ritual walk) between Safa and Marwah.
This addition has not been narrated from Imam Malik except by Yahya ibn Yahya al-Naysaburi.
Even if this addition is authentic, it still cannot be used as a basis to make ablution (wudu) a condition for the sa’i between Safa and Marwah; however, performing tawaf (circumambulation) before the sa’i is necessary.
Since tawaf without ablution is not valid, by virtue of its dependence, the sa’i would also be prohibited without ablution.
Ibn Abi Shaybah has narrated from Ibn Umar rahimahullah that a menstruating woman should perform all the rites of Hajj except for the tawaf of the House (Ka’bah) and the sa’i between Safa and Marwah.
(al-Musannaf li-Ibn Abi Shaybah: 2/129)
None of the early generations made ablution a condition for the sa’i between Safa and Marwah, except that it is reported from Hasan al-Basri rahimahullah.
(Fath al-Bari: 3/637) (2)
Imam al-Bukhari rahimahullah has established the second part of the chapter heading in this way: this hadith prohibits a menstruating woman from performing the tawaf of the House (Ka’bah).
From this, it is understood that the sa’i between Safa and Marwah can be performed without ablution and without ritual purity (taharah).
It is also established from Ibn Umar radi Allahu anhu that if a woman begins menstruating after tawaf but before the sa’i, she may perform the sa’i between Safa and Marwah.
In our view, making ablution a requirement for the sa’i between Safa and Marwah is questionable.
And Allah knows best.

Hadith Commentary:
This is also called the Tawaf al-Ifadah, Tawaf al-Sadr, and Tawaf al-Rukn. In some narrations, it is mentioned that the Prophet (sallallahu alayhi wa sallam) performed this tawaf during the day.
Imam al-Bukhari (rahimahullah), by bringing the hadith of Abu Hisan, reconciled the various narrations in such a way that the statements of Jabir and Abdullah ibn Umar (radi Allahu anhuma) pertain to the first day, while the hadith of Ibn Abbas (radi Allahu anhu) relates to the remaining days. It is even narrated that:
أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَانَ يَزُورُ الْبَيْتَ كُلَّ لَيْلَةٍ مَا أَقَامَ بِمِنًى
—that the Prophet (sallallahu alayhi wa sallam) used to visit the House (the Ka‘bah) every night that he stayed in Mina, meaning that during the days of Mina, he would come to Makkah every night and perform the Tawaf al-Ziyarah.
(Fath al-Bari)

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) thought that Lady Safiyyah (radi Allahu anha) had not performed the Tawaf al-Ziyarah (the main circumambulation of Hajj), and that she would keep us waiting until she became pure, because Tawaf al-Ziyarah is obligatory (fard); without it, Hajj is not complete. After that, we were to depart for Madinah Tayyibah. However, when it was informed that she had already performed Tawaf al-Ziyarah on the tenth day, he (sallallahu alayhi wa sallam) said that now there was no need to stay, rather, set out, and he granted the concession to omit the Tawaf al-Wada‘ (farewell circumambulation), because it is waived for a menstruating woman.

(2)
It should be noted that Abu Salamah ibn Abd al-Rahman is not the only one who narrates from Lady Aishah (radi Allahu anha); rather, ‘Urwah, Qasim, and Aswad have also narrated this report from Lady Aishah (radi Allahu anha). The narration of Qasim has been recorded by Imam Muslim, and the narrations of ‘Urwah and Aswad have been recorded by Imam Bukhari (rahimahullah) with his connected chains of transmission. (Fath al-Bari: 3/717)

Hadith Commentary:

Here, an objection arises because in a previous narration it has been mentioned that when the Prophet (sallallahu alayhi wa sallam) intended to have relations with Safiyyah (radi Allahu anha), Aisha (radi Allahu anha) said that she was menstruating. So, if the Prophet (sallallahu alayhi wa sallam) did not know that she had already performed the Tawaf al-Ziyarah, as is implied by this narration, then why did he intend to have relations with her? The answer is that at the time of intending relations, he (sallallahu alayhi wa sallam) may have thought that, like the other wives, she too had performed the Tawaf al-Ziyarah, because he (sallallahu alayhi wa sallam) had given all his wives permission to perform the Tawaf, and at the time of departure, this matter may not have been on his mind, or he may have thought that perhaps she began menstruating before the Tawaf al-Ziyarah and thus had not performed it.

(Wahidi)

In any case, in this way, both narrations can be reconciled. Reconciling different authentic narrations in this manner is appropriate, rather than attempting to reject them, as nowadays the deniers of hadith, according to their custom, wish to judge the hadith according to their deficient intellects. May Allah's curse be upon their intellects, for when they find themselves incapable of understanding the depths of the words of the Messenger (sallallahu alayhi wa sallam), they choose this dangerous path of misguidance and deviation.

There is not even the slightest room for doubt or suspicion that denying authentic hadith is tantamount to denying the Noble Qur’an; rather, it is a denial of Islam and this comprehensive Shari’ah. After this reality, if the deniers of hadith are declared completely outside the fold of Islam and the ranks of the believers, then this decision is entirely justified.

And Allah is the Trustee over what we say.

Hadith Commentary:
Ibn Abd al-Salam said that this is not an absolute rule; in some acts of worship, there is less hardship and difficulty compared to other acts of worship, yet the reward is greater. For example, worshipping during the Night of Decree (Laylat al-Qadr) carries more reward than worshipping on many nights of Ramadan, or the reward for obligatory prayer (salah) or obligatory almsgiving (zakat) is much greater than that of voluntary prayers (nafl salah) and voluntary charity (nafl sadaqah).

Hadith Commentary:
(1)
The meaning is that spending wealth in acts of obedience is a cause of virtue, and likewise, suppressing the desires of the self and bearing hardship is also a cause of greater reward with Allah. However, this is not an absolute rule but a general one, because sometimes, due to certain circumstances, a small act of worship becomes the cause of greater reward. For example:
Worship on the Night of Qadr (Laylat al-Qadr) is superior to the worship of a thousand months, and this is due to the virtue of the time; and performing prayer in Masjid al-Haram is equal to one hundred thousand prayers, and this superiority is due to the blessing of the place.

(2)
It should be clear that only such spending and hardship are valid which are not condemned by the Shari‘ah; spending wealth wastefully or unnecessarily putting oneself into hardship is absolutely not praiseworthy in the Shari‘ah.

(3)
Apparently, from this hadith it seems that performing ‘umrah from the nearest miqat would result in less reward; most likely, the Messenger of Allah (sallallahu alayhi wa sallam) assumed the ihram for ‘umrah from Ji‘ranah, which is the farthest miqat in relation to Makkah al-Mukarramah.
(Fath al-Bari: 3/771)
And Allah knows best.

Benefits and Issues:

➊
By "Maqam Shajarah" is meant Dhu’l-Hulayfah, which is the miqat (appointed station for entering ihram) for the people of Madinah. The reason this place is called "al-Shajarah" (the tree) is that at that time there was a tree there.
At this place, Asma bint Umays radi Allahu anha gave birth to Muhammad ibn Abi Bakr.

➋
Muhammad ibn Abi Bakr radi Allahu anhu is among the younger Companions (as-Sighar as-Sahabah).
This son of Abu Bakr radi Allahu anhu, born from the womb of Asma bint Umays radi Allahu anha, remained under the upbringing and care of Ali radi Allahu anhu after Asma married him. Later, Ali radi Allahu anhu also appointed him as the governor of Egypt.

➌
Asma bint Umays radi Allahu anha is the maternal sister of Umm al-Mu’minin Maymunah bint al-Harith.
She was first married to Ja’far ibn Abi Talib radi Allahu anhu.
After his martyrdom in the Battle of Mu’tah, she married Abu Bakr radi Allahu anhu.
After his death, Ali radi Allahu anhu married her.

➍
A woman experiencing menstruation (hayd) or postnatal bleeding (nifas) will also enter ihram from the miqat.
Furthermore, at the time of ihram, a woman experiencing menstruation or postnatal bleeding should also perform the ritual bath (ghusl).

Benefits and Issues:
➊ The acts of Hajj are fundamentally comprised of staying at various locations (Mina, Muzdalifah, Arafat) and engaging in remembrance and supplication, and menstruation (hayd) and postnatal bleeding (nifas) do not prevent these.

➋ Menstruation (hayd) and postnatal bleeding (nifas) are an impediment to the circumambulation (tawaf) of the Ka'bah. However, there is allowance in terms of time for these.

➌ Islam is a complete religion in which full consideration has been given to human needs and weaknesses.

➍ In sacrifice (qurbani), it is permissible to sacrifice as many animals as possible. The Messenger of Allah (sallallahu alayhi wa sallam) sacrificed one hundred camels on his own behalf.

Benefits and Issues:

➊
Taneem is a location that is closest to Makkah.
Nowadays, it is called Masjid Aisha.

➋
The Prophet sallallahu alayhi wa sallam, after completing the stoning of the Jamarat on the 13th of Dhul-Hijjah, departed from Mina and stayed in the valley of Abtah, that is, the Khayf of Banu Kinana.
This is also called the fertile valley (Wadi Khasb).
The Messenger of Allah sallallahu alayhi wa sallam performed the prayers of Dhuhr, Asr, Maghrib, and Isha at this place on that day.
And after resting a little after Isha, he proceeded to Makkah Mukarramah and performed the Farewell Tawaf (Tawaf al-Wada). (Al-Raheeq al-Makhtum, p. 620)

➌
Aisha radi Allahu anha had assumed the ihram for ‘umrah, but due to the excuse of menstruation (hayd), she had to assume the ihram for Hajj without performing ‘umrah.
In such a situation, both Hajj and ‘umrah are considered performed even without carrying out the acts of ‘umrah.

➍
Aisha radi Allahu anha wished to perform a proper ‘umrah as well, so the Messenger of Allah sallallahu alayhi wa sallam sent her with her brother for ‘umrah.
This was an expression of the Prophet’s excellent treatment towards his noble wife.

➎
Taneem or Masjid Aisha is not a miqat (designated station for assuming ihram).
The Messenger of Allah sallallahu alayhi wa sallam only permitted Aisha radi Allahu anha to assume ihram from there and perform ‘umrah in order to console her.
At most, this establishes permission for women in a similar (menstruating) situation to perform ‘umrah from there, not for every person to assume ihram from there repeatedly and perform ‘umrah, as many people do and call it the “small ‘umrah.”
This custom or reasoning is baseless.

➏
Performing ‘umrah after Hajj does not make it Hajj tamattu‘; rather, Hajj tamattu‘ is when ‘umrah is performed before Hajj.
A sacrifice was offered due to the first ‘umrah, but no sacrifice was offered for this second ‘umrah.
Nor was its alternative, fidyah (compensation) in the form of fasting, given.

Benefits and Issues:

➊
Tawaf al-Ifadah is a pillar (rukn) of Hajj, which is performed on the 10th of Dhul-Hijjah.

➋
If a woman is unable to perform Tawaf al-Ifadah on the 10th of Dhul-Hijjah due to menstruation (hayd), then she should perform it when she becomes pure.

➌
If a woman has already performed Tawaf al-Ifadah, and she experiences menstruation on the day of departure from Makkah, then Tawaf al-Wada‘ is waived for her.

➍
The statement of the Messenger of Allah (sallallahu alayhi wa sallam):
“May you become barren! May your head be shaved!” is not meant as a supplication (du‘a) against her, but rather, according to the common idiom of the Arabs, it is an expression of distress.

Hadith Commentary:
➊
On the tenth of Dhu al-Hijjah, it is obligatory for pilgrims to perform the circumambulation (tawaf) of the House of Allah (Baytullah).
This is called Tawaf al-Ziyarah, Tawaf al-Sadr, and Tawaf al-Ifadah.
Until this tawaf is performed, the Hajj is not complete.
Menstruation (hayd) and postnatal bleeding (nifas) cannot be reasons for exemption from this tawaf.
➋
There is another tawaf, called Tawaf al-Wada‘ (Farewell Tawaf), which is performed after completing the Hajj.
It is obligatory for those coming from outside (Makkah).
A menstruating woman must wait for Tawaf al-Ziyarah, but there is no need to wait for Tawaf al-Wada‘; thus, when Lady Safiyyah (radi Allahu anha) began menstruating, the Noble Prophet (sallallahu alayhi wa sallam) thought perhaps she had not performed Tawaf al-Ifadah, upon which he expressed concern.
When it became known that she had already performed Tawaf al-Ifadah, he (sallallahu alayhi wa sallam) gave the order to depart.
Since this hadith mentions the Farewell Hajj (Hajjat al-Wada‘), Imam al-Bukhari (rahimahullah) has narrated this hadith.

Chapter of Sahih Bukhari Hadith Number: 5329: «بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَلاَ يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ} مِنَ الْحَيْضِ وَالْحَبَلِ:»
Relevance between the Chapter Heading and the Hadith:
Apparently, the connection between the chapter heading (tarjamat al-bab) and the hadith is not evident, because in the chapter heading, the statement of Allah is quoted that it is not permissible for women to conceal what Allah has created in their wombs, whereas in the hadith under discussion, there are no words explicitly mentioning the womb.

In reality, by reflecting on the hadith that Imam Bukhari rahimahullah has presented under this chapter, the relevance becomes clear: the Prophet sallallahu alayhi wa sallam accepted the statement of Safiyyah radi Allahu anha regarding her menstruation (hayd), which clarifies that even in matters such as return (ruju‘), termination of waiting period (‘iddah), and pregnancy, the woman's statement will be accepted even against the husband.

Accordingly, Hafiz Ibn Hajar rahimahullah writes:
«والمقصود من الاية أن أمر العدة لما دار على الحيض والطهر، والاطلاع على ذلك يقع من جهة النساء غالباً، جعلت المرأة مؤتمنة على ذالك، قال اسماعيل القاضي دلت الاية أن المرأة المعتدة مؤتمنة على رحمها من الحمل والحيض الا ان تاتي من ذالك لما يعرف كذبها فيه، وقد أخرج الحاكم فى ”المستدرك“ من حديث ابي بن كعب أن من الامانة ان ائتمنت المراة على فرجها .» [فتح الباري لابن حجر : 412/9]
“The purpose of the blessed verse is that since the matter of ‘iddah is based on menstruation and purity (tuhr), and information about this is only available from the women themselves, the woman has been made trustworthy (amin) regarding this information. Isma‘il Qadi says that the verse indicates that a woman in ‘iddah is trustworthy regarding matters of pregnancy and menstruation (i.e., her statement will be accepted), except in the case where she commits clear and evident falsehood. In Imam Hakim rahimahullah’s ‘al-Mustadrak’, it is narrated from Sayyiduna Ubayy ibn Ka‘b radi Allahu anhu that among the trusts (amanat) is that a woman is trustworthy regarding her private parts.”

‘Allamah Ibn al-Munir rahimahullah says:
«لما رتب النبى صلى الله عليه وسلم على مجرد قول صفية انها حائض تاخيره السفر أخذ منه تعدي الحكم الي الزوج، فتصدق المرأة فى الحيض والحمل باعتبار رجعة الزوج وسقوطها والحاق الحمل به .» [فتح الباري لابن حجر : 412/10]
“When the Prophet sallallahu alayhi wa sallam, merely on the statement of Lady Safiyyah radi Allahu anha that she was menstruating, intended to delay the journey, then from this, the extension of the ruling to the husband is also derived. Whether it is menstruation or pregnancy, in matters of the husband’s return (ruju‘), the woman’s claims must be verified. Similarly, in matters of miscarriage or pregnancy, or its attribution, her statement will be considered.”

It is written in Sahih Bukhari with the marginal notes of al-Saharanfuri:
«كئية اي خزينة وهذا موضع الترجمة اذا يفهم منه أظهرت حيضها .» [صحيح بخاري بحاشية السهارنفوري : 761/10]

Badr al-Din Ibn Jama‘ah rahimahullah, explaining the relevance between the chapter and the hadith, writes:
“Derivation (istinbat) will be made on the basis of the woman’s statement regarding the issues of menstruation and pregnancy, because the Prophet sallallahu alayhi wa sallam delayed the journey merely on the statement of Safiyyah radi Allahu anha. Thus, this indicates that indeed the woman’s statement will be considered valid in matters of ‘iddah, menstruation, and pregnancy.”

Therefore, from all these details, the connection between the chapter heading and the hadith is as follows: the Prophet sallallahu alayhi wa sallam delayed the journey on the statement of Safiyyah radi Allahu anha regarding her menstruation. When the woman’s statement is considered valid in the matter of menstruation, then certainly her statement will also be considered valid regarding pregnancy, miscarriage, and ‘iddah. Thus, this is where the relevance between the chapter heading and the hadith lies.

Hadith Commentary:

"‘Uqra halqa" are words of endearment in Arabic; they are not intended as a curse.
"‘Uqra" means: May Allah wound you.
"Halqa" means: May there be a wound in your throat.

The relevance of this hadith to the chapter is as follows: The Prophet sallallahu alayhi wa sallam accepted only the statement of Safiyyah radi Allahu anha regarding her menstruation, which shows that in matters such as return (ruju‘), lapse of return, completion of waiting period (‘iddah), and similar issues, the woman's statement will be accepted even in opposition to the husband.

Hadith Commentary:
(1)
According to this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) accepted the statement of Safiyyah (radi Allahu anha) regarding her menstruation (hayd).
From this, it is understood that matters related to women are to be accepted based solely on their statements; therefore, they should fear Allah and report matters truthfully.
(2)
In any case, the waiting period (‘iddah) depends on menstruation (hayd) and purity (tuhr), and in this regard, the statement of women will be relied upon unless evidence indicates that they are lying.
(Fath al-Bari: 9/596)

Hadith Commentary:

And it is evident that the Prophet (sallallahu alayhi wa sallam) did not command his wives to offer separate sacrifices, thus the position of the majority (jumhur) is established.

Imam Malik, Ibn Majah, and Tirmidhi have narrated from Ata bin Yasar that he said: I asked Abu Ayyub (radi Allahu anhu) what was the practice regarding sacrifice during the time of the Messenger of Allah (sallallahu alayhi wa sallam)? He said: A man would offer one goat as a sacrifice on behalf of himself and his household, and he would eat from it and feed others. Then people, out of pride, began the practice that you now see, which is contrary to the Sunnah.

Hadith Commentary:
(1)
The position of the people of Kufa is that only a resident free man can offer a sacrifice on his own behalf; a traveler, whether himself or on his behalf, cannot offer a sacrifice.
Similarly, according to the opinion of some scholars, sacrifice is not obligatory upon women.
Imam Bukhari rahimahullah, refuting all these views, has established that a traveler can himself offer a sacrifice and a sacrifice can also be offered on his behalf. Likewise, a woman can offer a sacrifice and it is also permissible to offer a sacrifice on her behalf. Accordingly, in this hadith, the Messenger of Allah sallallahu alayhi wa sallam was a traveler and he offered a sacrifice, and a cow was slaughtered as a sacrifice on behalf of the noble wives (azwaj mutahharat).
(2)
Imam Nawawi rahimahullah has written in his commentary on Sahih Muslim that the Messenger of Allah sallallahu alayhi wa sallam offered the sacrifice on behalf of the noble wives with their permission (Sharh Muslim li-Nawawi: 8/206, under hadith number: 2918 (1211)).
However, this does not seem to be correct.
If he had taken their permission, then Aisha radi Allahu anha would not have asked about the meat—what it was and where it had come from. And Allah knows best.

Hadith Commentary:
(1)
In one hadith, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam), on the occasion of the Farewell Pilgrimage (Hajjat al-Wada’), slaughtered a cow on behalf of his wives collectively—those among them who had performed ‘umrah.
(Sunan Ibn Majah, al-Adahi, Hadith: 3133)

(2)
This hadith also shows that any other person may slaughter the sacrificial animal if the one offering the sacrifice is unable to slaughter properly himself. In any case, there is no harm if someone else slaughters, or assists the one offering the sacrifice in the act of slaughtering.
And Allah knows best.

Hadith Commentary:
It is understood from this that in such a case of necessity, the Tawaf al-Ifadah can suffice in place of the Tawaf al-Wada‘.
Tawaf al-Ifadah is performed on the 10th of Dhul-Hijjah, while Tawaf al-Wada‘ is performed on the day of departure from Makkah.

Hadith Commentary:
In the first hadith, the Messenger of Allah (sallallahu alayhi wa sallam) used the phrase "may your hands be dust-covered" (turibat yameenuk) for Aisha (radi Allahu anha), and in the second hadith, he used the words "may your neck be cut" (uqra halqi) for Safiyyah (radi Allahu anha). The literal meanings of these phrases are not intended; rather, among the Arabs, such expressions are used to convey astonishment.

In addition, there is a noble statement of the Messenger of Allah (sallallahu alayhi wa sallam) which is very hope-inspiring for the Ummah:
"O Allah! I have made a covenant with You which You will not break. In the end, I am but a human being. If I have caused any harm to a believer, if I have spoken harshly to him, cursed or reviled him, or struck him, then make that for him a means of purification, mercy, and nearness (to You), and on the Day of Resurrection, make him among those brought near to You because of it."
(Sahih Muslim, al-Birr wa's-Silah, Hadith: 6619(2601))

349. Commentary:

➊ The phrase "daughters of Adam" is evidence that menstruation (hayd) has been prescribed for women from the very beginning, whereas it is transmitted from Abdullah ibn Mas‘ud radi Allahu anhu in a mawquf (companion's statement) form that menstruation was imposed upon the women of Bani Isra'il. See: [فتح الباري : 519/1]
A reconciliation between these two is possible in this way: the beginning was indeed from Hawwa (Eve) alayhas-salam herself, but during the era of Bani Isra'il, there was some increase (in its duration or severity), and this is not far-fetched. And Allah knows best.

➋ «أَنَفِسْتِ» In this sentence, by "nifas" (postnatal bleeding), what is meant is "hayd" (menstruation). It has been called "nifas" by way of analogy. The second part of the chapter is established from here.

243. Commentary:

➊ The intention of the Imam is that Ashhab, in this hadith, has mentioned both Hisham ibn Urwah along with Imam Malik’s teacher Ibn Shihab al-Zuhri, whereas the general narrators in this narration mention only al-Zuhri as Imam Malik’s teacher. When a narrator is not corroborated by any other companion, his narration is called “gharib” (solitary).

➋ Since entering the House of Allah (Baytullah) is prohibited during menstruation (hayd), therefore, a menstruating woman is forbidden from performing tawaf (circumambulation), and since sa’i (walking between Safa and Marwah) is dependent upon tawaf, it is also prohibited.

➌ Tan’im is the nearest point of the boundary (hill) on the road from Makkah to Madinah, i.e., the Haram ends here. The Prophet sallallahu alayhi wa sallam gave this special ruling for Aisha radi Allahu anha that she should assume ihram from Tan’im and perform ‘umrah, because Aisha radi Allahu anha had missed ‘umrah due to menstruation. This permission is not for everyone, that they may assume ihram from Tan’im and perform ‘umrah, as many pilgrims coming from outside the Miqat do, and some scholars also issue fatwas for its permissibility. However, this permissibility is questionable, as there is no evidence for it. The correct view is that for performing another ‘umrah, it is necessary to go to the Miqat and assume ihram from there. Or, in light of the aforementioned hadith, this permission to assume ihram from Tan’im is only for those women who could not perform ‘umrah due to their specific days (menstruation). And Allah knows best.

➍ Since the ihram of Hajj continues for several days, it was commanded to untie the braids and perform a thorough ritual bath (ghusl), so that there would be no hardship later. This bath has no connection to menstruation; rather, it is for cleanliness, and it is recommended (mustahabb) for every pilgrim in ihram.

291. Commentary:
➊ Since it is prohibited for a woman to stay in the mosque during menstruation, and tawaf (circumambulation) takes place in the mosque, therefore she is prevented from performing tawaf. Sa’i is also dependent upon tawaf, so it too is prohibited.
➋ The slaughtering of a cow by the Prophet sallallahu alayhi wa sallam on behalf of his wives would have been a voluntary (nafl) act, because sacrifice is not obligatory upon one performing Hajj Ifrad. It is possible that some of them may have performed ‘umrah along with Hajj.

This hadith has already been mentioned previously. For detailed benefits, see Hadith: 2764, 2765. As for the issue of the chapter—whether every person in the state of ihram for Hajj, who does not have a sacrificial animal with him, can perform ‘umrah and become released from ihram—the answer is that he can indeed become released from ihram; this is the correct view. Imam Ahmad and the Ahl al-Zahir still consider this permissible, and in fact, according to some researchers, if someone enters Makkah in the state of ihram for Hajj, then necessarily his ihram for Hajj will be converted into ‘umrah, and he will have to become released from ihram, whether he wishes to or not. Tamattu‘ is permissible until the Day of Judgment because there is explicit permission for it in the Noble Qur’an, and the address is general.

(1) "Reached the place of Sarif." Here, the hadith is concise in that our intention was for Hajj, but the Prophet (sallallahu alayhi wa sallam) instructed those who had not brought sacrificial animals to change their intention for Hajj to that of ‘Umrah. I also changed my intention for Hajj to ‘Umrah, but now menstruation (hayd) began. Due to this, Sayyidah Aishah (radi Allahu anha) became distressed, so the Messenger of Allah (sallallahu alayhi wa sallam) clarified the aforementioned procedure and thus removed her distress.

(2) "What others in the state of ihram do." Another meaning could be that whatever one who enters the state of ihram does, you should also do.

➊ Lexical Explanation:
«لَمَّا جِئْنَا» "When we came." This actually refers to the incident during the journey of the Farewell Pilgrimage (Hajjat al-Wada‘). At that time, Sayyidah Aisha radi Allahu anha was in a state of ihram (ritual consecration).
«سَرِف» The letter "seen" has a fatha (zabar) and the letter "ra" has a kasrah (zer) beneath it. This word is diptote (ghayr munsarif) for two reasons: first, because it is a proper noun (a place name), and second, due to its femininity. It is the name of a place near Makkah, at a distance of approximately ten miles.
«حِضْتُ» This is the first person singular form: "I began to menstruate."

Benefit:
According to this hadith, a menstruating (ha’idh) woman cannot perform the circumambulation (tawaf) of the House of Allah, because according to most scholars, purity is a condition for tawaf. In the state of menstruation, a woman becomes impure, and it is not permissible for an impure woman to remain in the mosque for an extended period; and the Ka‘bah is the most virtuous of mosques, so she is even more prohibited from performing tawaf. In such a state, she also cannot perform prayer (salah). Furthermore, now the area of sa‘i (the place for walking between Safa and Marwah) has also been included within the mosque, so she cannot perform sa‘i either. For this reason, the author (of Bulugh al-Maram) has mentioned this hadith in the chapter «باب الحيض» of Bulugh al-Maram.

Hadith Authentication: [وأخرجه البخاري 1806، ومسلم 1230، من حديث مالك به]
Jurisprudential Points:
➊ If a person who intends to perform ‘umrah later changes his intention to perform both ‘umrah and hajj together (i.e., qiran hajj), it is permissible.
➋ If the journey is dangerous, it is still permissible to travel to the House of Allah for hajj and ‘umrah.
➌ If someone comes to Makkah in the state of ihram with the intention of performing ‘umrah or hajj, and due to some excuse is prevented from entering the Haram, he should exit the state of ihram and offer a goat as compensation (fidyah). Later, he must make up (qada) for that ‘umrah or hajj. And Allah knows best.
➍ In all matters, the Prophetic method should be kept in view.
➎ One should issue a fatwa only after thorough deliberation on the issues.
➏ If research on an issue changes, one should retract the previous opinion and act upon the new research.

Benefit:
It is prohibited to perform the circumambulation (tawaf) of the House of Allah (Baytullah) while in the state of menstruation (hayd). The farewell circumambulation (tawaf al-wada') is obligatory, but it is waived for a menstruating woman.