Book 20: Hajj

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "If someone dedicates an animal voluntarily and then it is injured and he kills it and gives everyone a free hand in eating it, he owes nothing. If, however, he eats some of it himself, or tells certain other people to eat it, then he owes compensation

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abdullah ibn Abbas the same as that

Yahya related to me from Malik that Ibn Shihab said, "If someone dedicates an animal as compensation, or for a vow, or as the sacrifice for tamattu, and misfortune befalls it on the road, he must provide a substitute

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone dedicates an animal and then it goes astray or dies, he should provide a substitute, if it was for a vow. If, however, it was voluntary, then he can either provide a substitute for it or not, as he wishes

Yahya related to me from Malik that he had heard the people of knowledge say, "Someone who dedicates a sacrificial animal for compensation or as part of the hajj should not eat from it." Yahya related to me from Malik that he had heard that Umar ibn al-Khattab and AIi ibn Abi Talib and Abu Hurayra were asked about a man who had intercourse with his wife while he was in ihram on hajj. They said, "The two of them should carry on and complete their hajj. Then they must do hajj again in another year, and sacrifice an animal." Malik added that AIi ibn Abi Talib said, "When they then go into ihram for hajj in a future year they should keep apart until they have completed their hajj

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj." Malik said, "They should both sacrifice an animal." Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj." Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal

Yahya related to me from Malik that Yahya ibn Said said that Sulayman ibn Yasar told him that Abu Ayyub al-Ansari once set off to do hajj and then, when he reached an-Naziya, on the road to Makka, his riding beasts strayed. He reached Umar ibn al-Khattab on the day of sacrifice and told him what had happened and Umar said, "Do what someone doing umra would do, and then you can leave ihram, and then when the hajj next comes upon you, do it and sacrifice whatever animal is easy for you

Malik related to me from Nafi from Sulayman ibn Yasar that Habbar ibn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattab was sacrificing his animal and said, "Amir al-muminin, we made a mistake in our reckoning and we thought that today was the day of Arafa." Umar said, "Go to Makka, you and whoever else is with you, and do tawaf and sacrifice your animal if you have one with you. Then shave or cut your hair and return home. Then, in another year, do hajj and sacrifice an animal, and if you cannot find one, fast three days on hajj and seven when you return home." Malik said, "Someone who intends to do hajj and umra together and then misses the hajj must do hajj again in another year, doing hajj with umra, and offer two sacrificial animals, one for doing the hajj with umra, and one for the hajj that he has missed

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Ata ibn Abi Rabah that Abdullah ibn Abbas was asked about a man who had had intercourse with his wife while at Mina before he had done the tawaf al-ifada, and he told him to sacrifice an animal

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that lkrama, the mawla of Ibn Abbas, said, (and Thawr believed it to be from Abdullah ibn Abbas), "Someone who has intercourse with his wife before he has done the tawaf al-ifada should do an umra and sacrifice an animal

Yahya related to me from Malik that he had heard Rabia ibn Abi Abd ar-Rahman saying the same about that as what Ikrama related from Ibn Abbas. Malik said, "That is what I like most out of what I have heard about the matter." Malik was asked about a man who forgot the tawaf al-ifada until he had left Makka and returned to his community and he said, "I think that he should go back and do the tawaf al-ifada, as long as he has not had sexual relations with women. If, however, he has had sexual relations with women, then he should not only return and do the tawaf al-ifada, but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there, but if he has not brought one with him from wherever it was he set out to do umra, he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there

Yahya related to me from Malik from Jafar ibn Muhammad from his father that Ali ibn Abi Talib used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep." Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people

Yahya related to me from Malik from Nafi that Abdullah ibn Urnar used to say, "The least thing that is acceptable as a sacrificial animal is a camel or a cow

Yahya related to me from Malik fromAbdullah ibn Abi Bakr that a mawla of Amir bint Abd ar-Rahman called Ruqayya told him that she once set out with Amra bint Abd ar-Rahman to go to Makka. She said, ''Amra entered Makka on the eighth of Dhu'l-Hijja, and I was with her. She did tawaf of the House, and say between Safa and Marwa, and then entered the back of the mosque. She asked me, 'Do you have a pair of scissors with you?' and I said, 'No.' She said, 'Then try and find some for me.' I went and looked for some and brought them back and she cut some hair from the tresses of her head.Then, on the day of sacrifice, she slaughtered a sheep

Yahya related to me from Malik from Sadaqa ibn Yasar al-Makki that a man from the people of Yemen, who had his hair braided, came to Abdullah ibn Umar and said, "Abu Abd arRahman, I have come to do just umra. ''Abdullah ibn Umar said to him, "If I had been with you or you had asked me I would have told you to do hajj and umra together." The Yemeni answered, "I am doing what I am doing," and Abdullah ibn Umar said to him, "Cut off the locks that are hanging from your head and offer a sacrificial animal." A woman from Iraq said, "What should his sacrificial animal be, Abu Abd ar-Rahman?" and he said, "His sacrificial animal?" and she said to him, "What should his sacrificial animal be?" Abdullah ibn Umar said, "If I could only find a sheep to sacrifice, I would prefer to do that than to fast

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "A woman in ihram should not comb her hair when she leaves ihram until she has cut some of the tresses of her hair, and if she has an animal for sacrifice with her she should not cut off any of her hair until the animal has been killed

Yahya related to me from Malik that he had heard one of the people of knowledge say, "A man and wife should not share in one sacrificial animal. Each should sacrifice an animal separately." Malik was asked about whether someone who had been entrusted with an animal for him to sacrifice on hajj, who went into ihram for umra, should sacrifice it when he came out of ihram or postpone it so that he sacrificed it at the time of the hajj while in the meantime he came out of ihram from his umra. He said, "He should postpone it so that he may sacrifice it at the time of the hajj, and meanwhile come out of ihram from his umra." Malik said, "If it is judged that some- one must offer an animal for having killed game, or for any other reason, this animal can only be sacrificed at Makka, since Allah, the Blessed and Exalted, says, 'a sacrificial animal which will reach the Kaba.' The fasting or sadaqa that is considered equivalent to offering a sacrifice can be done outside Makka, and the person who is doing it can do it wherever he likes." Yahya related to me from Malik from Yahya ibn Said from Yaqub ibn Khalid al-Makhzumi that Abu Asma, the mawla of Abdullah ibn Jafar, told him that he was with Abdullah ibn Jafar when they set out once from Madina. At as-Suqya they passed by Husayn ibn Ali, who was ill at the time. Abdullah ibn Jafar stayed with him and then, when he feared that he was late (for the hajj) he left, and sent for Ali ibn Abi Talib and Asma bint Umays in Madina, and they came to Husayn. Then Husayn pointed to his head, and AIi told someone to shave his head. Then he sacrificed an animal for him at as-Suqya, killing a camel for him. Yahya ibn Said added, "Husayn had set out with Uthman ibn Affan on that particular journey to Makka

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "The whole of Arafa is a mawqif, except the middle of Urana, and the whole of Muzdalifa is a standing-place, except for the middle of Muhassir

Yahya related to me from Malik from Hisham ibn Urwa that Abdullah ibn az-Zubayr used to say, "Know that the whole of Arafa is a standing-place except for the middle of Urana, and that the wholeof Muzdalifa is a standing-place except for the middle of Muhassir." Malik said, "Allah, the Blessed and Exalted says, 'There is to be no rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat 197). He added, "Rafath is sexual relations with women, and Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with your women is permitted to you on the night of the fast.' (Sura 2 ayat 197). Fusuq are sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted, says, 'Or a fisq offered up to other than Allah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers to when the Quraysh used to stand near the mashar al-haram at Quzah in Muzdalifa, while the Arabs and others would stand at Arafa, and they would argue about who was the more correct. Allah, the Blessed and Exalted, says, 'And we appointed a method of sacrifice for every nation, which they followed, so let them not dispute with you about the matter, and call to your Lord. Surely you are on a straight guidance.' (Sura 22 ayat 67) This is what jidal refers to in our opinion, and Allah knows best. This I have heard from the people of knowledge

Malik was asked about whether a man could stand at Arafa, or at Muzdalifa, or stone the Jamras, or do say between Safa and Marwa if he was not in wudu, and he said, "Every practice in the hajj that a menstruating woman can take part in can be taken part in by a man who is not in wudu and there is nothing due from him for that. However, it is better for him to be in wudu for all those things, and he should not make a general practice of it." Malik was asked whether a man who was riding should get down to do the standing at Arafa or if he could stand while mounted, and he said, "He can stand while mounted, unless he or his riding beast have an illness, in which case Allah is the one who most often accepts an excuse." Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "Someone who does not stand at Arafa on the night of Muzdalifa before the dawn breaks has missed the hajj, and someone who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Someone who does not stand at Arafa on the night of Muzdalifa before the dawn breaks has missed the hajj, and some one who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj. Malik said, about a slave freed during the wuquf at Arafa, "His standing does not fulfil for him the hajj of Islam, except if he was not in ihram and then he went into ihram after he was freed and he stood at Arafa that same night before the dawn broke in which case that is enough for him. If, however, he did not go into ihram until after the dawn had broken, he is in the same position as someone who misses the hajj by not catching the standing at Arafa before the breaking of the dawn on the night of Muzdalifa, and he will have to do the hajj of Islam later

Yahya related to me from Malik from Nafj from Salim and Ubaydullah, two sons of Abdullah ibn Umar, that their father Abdullah ibn Umar used to send his family and children from Muzdalifa to Mina ahead of him so that they could pray subh at Mina and throw the stones before everyone (else) arrived

Yahya related to me from Malik from Yahya ibn Said from Ata ibn Abi Rabah that a mawla of Asma bint Abi Bakr told him, "We arrived at Mina with Asma bint Abi Bakr at the end of the night, and I said to her, 'We have arrived at Mina at the end of the night,' and she said, 'We used to do that with one who was better than you

Yahya related to me from Malik that he had heard that Talha ibn Ubaydullah used to send his family and children from Muzdalifa to Mina ahead of him

Yahya related to.me from Malik that he had heard one of the people of knowledge disapproving of stoning the jamra until after dawn on the day of sacrifice, as it was halal for whoever had thrown the stones to sacrifice. Yahya related to me from Malik from Hisham ibn Urwa that Fatima bint al-Mundhir told him that she used to see Asma bint Abi Bakrat Muzdalifa telling whoever led the subh prayer for her and her companions to pray it as soon as the dawn broke, after which she would mount and go to Mina without stopping at all

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "I was sitting with Usama ibn Zayd when some one asked him, 'How did the Messenger of Allah, may Allah bless him and grant him peace, travel when he went from Arafa to Muzdalifa during the farewell hajj?' and he replied, 'He went at a medium pace, but when he found a gap (in the crowds) he speeded up

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to spur on his mount in the middle of Muhassir over the distance of a stone's throw

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said once at Mina, "This place (where I have just sacrificed), and the whole of Mina, is a place of sacrifice," and he said once during umra, "This place of sacrifice" meaning Marwa, "and all the pathways of Makka and its roads are a place of sacrifice

Yahya related to me from Malik that Yahya ibn Said said that Amra bint Abd ar-Rahman told him that she had heard A'isha, umm al-muminin, saying, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, when there were five nights left in Dhu'l-Qada and we assumed that we must be setting out for hajj. When we got near to Makka, the Messenger of Allah, may Allah bless him and grant him peace, told everyone that did not have a sacrificial animal with them to leave ihram after they had done tawaf of the House and say between Safa and Marwa." A'isha added, "We were sent some beef on the day of sacrifice. I asked what it was and they said that the Messenger of Allah, may Allah bless him and grant him peace, had sacrificed for his wives." Yahya ibn Said said, "I mentioned this hadith to Qasim ibn Muhammad and he said, 'She has given you the complete hadith, by Allah

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Hafsa, umm al-muminin, once said to the Messenger of Allah, may Allah bless him and grant him peace, "Why is it that everyone has left ihram and you still have not left ihram from your umra?" and he replied, "I have matted my hair and garlanded my sacrificial animal and will not leave ihram until I have sacrificed the animal

Yahya related to me from Malik from Jafar ibn Muhammad from his father from Ali ibn Abi Talib that the Messenger of Allah, may Allah bless him and grant him peace, killed some of his sacrificial animals himself, and someone else killed the rest

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Someone who vows to sacrifice a camel or a cow to Allah should garland it with two sandals about its neck, and brand it by causing blood to flow from its side. He should then sacrifice it either at the House or at Mina on the day of sacrifice. There are no other correct places apart from those. However, someone who vows to slaughter a camel or a cow simply as a sacrifice can sacrifice it wherever he wishes

Yahya related to me from Malik from Hisham ibn Urwa that his father used to kill his sacrificial animals while they were standing. Malik said, "No-one is permitted to shave his head until he has killed his sacrificial animal, and no-one must sacrifice before dawn on the day of sacrifice. The things that should be done on the day of sacrifice are slaughtering, donning clothes, grooming the body generally (at-tafath) and shaving the head, and none of this may be done before the day of sacrifice

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "O Allah, have mercy on those who shave their hair." They said, "And those who shorten (their hair), Messenger of Allah." He said, "O Allah, have mercy on those who shave." They said, "And those who shorten, Messenger of Allah." He said, "And those who shorten

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to go into Makka by night when he was doing umra and do tawaf of the House and say between Safa and Marwa and delay the shaving until the morning, but he would not go back to the House and do tawaf again until he had shaved his head. Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr prayer there without actually going near the House." Malik said, "At-tafath is shaving the head, putting on normal clothes and things of that nature." Yahya said that Malik was asked whether a man who forgot to shave (his head) at Mina during the hajj could shave in Makka, and he said, "That is permissible, but I prefer the shaving to be done at Mina." Malik said, "What we are all agreed upon here (in Madina) is that no-one should shave his head or cut his hair until he has killed his sacrificial animal, if he has one, and things that are haram for him do not become halal for him until he leaves ihram at Mina on the day of sacrifice. This is because Allah, the Blessed and Exalted, says, 'Do not shave yourheads until the sacrificial animal has reached its destination

Yahya related to me from Malik from Nafi that if Abdullah ibn Umar had finished the fast of Ramadan and intended to do hajj, he would not cut his hair or beard at all until he had done hajj. Malik said, "It is not necessary for people to do the same

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to trim his beard and moustache when he shaved at the end of a hajj or umra

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors." Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal

Yahya related to me from Malik from Nafi that Abdullah ibn Umar once met a relative of his called al-Mujabbar who had done the tawaf al-ifada but, out of ignorance, had not shaved his head or cut his hair. Abdullah told him to go back and shave his head or cut his hair, and then go back and do the tawaf al-ifada

Yahya related to me from Malik that he had heard that when Salim ibn Abdullah intended to go into ihram he would call for some scissors and trim his moustache and beard before setting off and before going into ihram

Yahya related to me from Malik from Nafi from 'Abdullah ibn 'Umar that Umar ibn al-Khattab said, "Someone who puts plaits in his hair should shave his head, and do not plait your hair in such a way that it seems you have matted it

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "Anyone who has braided his hair, or plaited it or matted it must shave his head

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, entered the Kaba with Usama ibn Zayd, Bilal ibn Rabah and Uthman ibn Talha al-Hajabi and locked it behind him and stayed there for some time. Abdullah said that he asked Bilal when he came out what the Messenger of Allah had done there and he said, "He positioned himself with one support to his left, two supports to his right, and three behind him (the house had six supports at that time) and then he prayed

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al- Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' " 20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pray dhuhr, asr, maghrib, isha and subh at Mina. Then in the morning, after the sun had risen, he would go to Arafa . Malik said, "What we are all agreed upon here (in Madina) is that the imam does not recite the Qur'an out loud in dhuhr on the day of Arafa, and that he gives a khutba to the people on that day, and that the prayer on the day of Arafa is really a dhuhr prayer, and even if it coincides with a jumua it is still a dhuhr prayer, but one which has been shortened because of travelling." Malik said that the imam of the pilgrims should not pray the jumua prayer if the day of Arafa, the day of sacrifice or one of the three days after the day of sacrifice, was a Friday

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, prayed maghrib and isha together at Muzdalifa

Yahya related to me from Malik from Musa ibn Uqba that Kurayb, the mawla of Ibn 'Abbas, heard Usama ibn Zayd say, "The Messenger ofAllah, may Allah bless him and grant him peace, left Arafa and then, when he reached ash-Shib, he dismounted and urinated and then did wudu, though not thoroughly. I said to him, 'It is time for the prayer, Messenger of Allah,' and he said 'The prayer is ahead of you,' and then mounted. When we arrived at Muzdalifa he dismounted and did wudu thoroughly. Then the iqama was said for the prayer and he prayed maghrib. After that everyone settled his camel in its resting-place, and then the iqama for isha was said and he prayed it, without having prayed anything between the two

Yahya related to me from Malik from Yahya ibn Said from Adi ibn Thabit al-Ansari that Abdullah ibn Yazid al-Khatmi told him that Abu Ayyub al-Ansari told him that he prayed maghrib and isha together at Muzdalifa during the farewell hajj, with the Messenger of Allah, may Allah bless him and grant him peace

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pray maghrib and isha together at Muzdalifa