Darimi

(Commentary on Hadiths 1846 to 1848)

In one narration, there is this addition: «فَإِنَّهَا مِنْ شِعَارِ الْحَجَّ.» meaning that the talbiyah is a distinguishing sign of Hajj. For this reason, some of the Hanafis have said that the talbiyah is obligatory (wajib); if it is omitted, a compensatory sacrifice (dam) becomes necessary. Imam Malik rahimahullah has also said something similar: it is not obligatory, but if it is omitted, a compensatory sacrifice (dam) becomes necessary. Imam Shafi’i rahimahullah said: Saying the talbiyah is Sunnah, not obligatory (wajib). And raising the voice while saying the talbiyah is only for men, not for women. Furthermore, every person should say it individually; saying the talbiyah collectively is not correct.

And Allah knows best.

From the aforementioned ahadith, it is clear that the pilgrim (haji) or one performing ‘umrah (mu‘tamir), if possible, should perform ritual bath (ghusl) at the miqat, then apply perfume to the body, wear the two sheets (ihram), and then say the talbiyah, which is the verbal intention (niyyah) for entering into Hajj or ‘umrah. If the intention is only for Hajj, then he should say “Labbayka Hajjah”; if only for ‘umrah, then “Labbayka ‘umrah”; and if the intention is for both Hajj and ‘umrah, then “Labbayka Hajjah wa ‘umrah” or whichever type of Hajj he intends, he may say accordingly. It should be clear that verbal intention (niyyah) has only been prescribed for Hajj and ‘umrah. If verbal intention were necessary for prayer (salah), then it would have been mentioned just as it is for Hajj, whereas prayer is the most important pillar of Islam after tawhid. Therefore, for the one praying, to say with the tongue, “I am performing prayer…” is an innovation (bid‘ah) and a newly invented matter for which there is no evidence in the authentic ahadith.