The Rites of Hajj (Kitab Al-Manasik Wa'l-Hajj)

كتاب المناسك

Chapter 38: A Muhrim Bathing

‘Abd Allah bin Hunain said ‘Abd Allah bin Abbas and Miswar bin Makhramah differed amongst themselves (on the question of washing the head in the sacred state) at al Abwa. ‘Ibn Abbas said A pilgrim in the sacred state (while wearing ihram) can wash his head. Al Miswar said A pilgrim in the sacred state(wearing ihram) cannot wash his head. ‘Abd Allah bin Abbas then sent him (‘Abd Allah bin Hunain) to Abu Ayyub Al Ansari. He found him taking a bath between two woods erected at the edge of the well and he was hiding himself with a cloth (curtain). He (the narrator) said I saluted him. He asked Who is this? I said I am ‘Abd Allah bin Hunain. ‘Abd Allah bin Abbas has sent me to you asking you how the Apostle of Allaah(ﷺ) used to wash his head while he was wearing ihram. Abu Ayyub then put his hand on the cloth and removed it till his head appeared to me. He then said to a person who was pouring water on him

Pour water. He poured water on his head and Abu Ayyub moved his head with his hands. He carried his hands forward and backward. He then said I saw him doing similarly.

Chapter 39: A Muhrim Marrying

Nubaih bin Wahb brother of Banu Abd Al Dar said ‘Umar bin Ubaid Allah sent someone to Aban bin Uthman bin Affan asking him (to participate in the marriage ceremony). Aban in those days was the chief of the pilgrims and both were in the sacred state (wearing ihram). I want to give the daughter of Shaibah bin Jubair to Talhah bin Umar in marriage. I wish that you may attend it. Aban refused and said I heard my father ‘Uthman bin Affan narrating a tradition from the Apostle of Allaah(ﷺ) as saying A pilgrim may not marry and give someone in marriage in the sacred state(while wearing ihram).

The aforesaid tradition has also been transmitted by Aban bin ‘Uthman on the authority of ‘Uthman from the Apostle of Allaah(ﷺ) in a similar manner. This version adds “And he should not make a betrothal”

Yazid bin Al Asamm, Maimunah’s nephew said on Maimunah’s authority The Apostle of Allaah(ﷺ) married me when we were not in the sacred state at Sarif.

Ibn ‘Abbas said The Prophet(ﷺ) married Maimunah while he was in the sacred state(wearing ihram).

Sa’id bin Al Musayyib said There is a misunderstanding on the part of Ibn ‘Abbas about the marriage (of the Prophet) with Maimunah while he was in the sacred state.

Chapter 40: The Animals That A Muhrim Is Allowed To Kill

Ibn ‘Umar said The Prophet (ﷺ) was asked as to which of the creatures could be killed by a pilgrim in the sacred state. He said there are five creatures which it is not a sin for anyone to kill, outside or inside the sacred area. The Scorpion, the Crow, the Rat, the Kite and the biting Dog.

Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying There are five(creatures) the killing of which is lawful in the sacred territory. The Snake, the Scorpion, the Kite, the Rat and the biting Dog.

Narrated AbuSa'id al-Khudri

The Prophet (ﷺ) was asked which of the creatures a pilgrim in sacred state could kill. He replied: The snake, the scorpion, the rat; he should drive away the pied crow, but should not kill it; the biting dog, the kite, and any wild animal which attacks (man).

Chapter 41: The Meat Of Game For The Muhrim

Abdullah ibn al-Harith reported on the authority of his father al-Harith

(My father) al-Harith was the governor of at-Ta'if under the caliph Uthman. He prepared food for Uthman which contained birds and the flesh of wild ass. He sent it to Ali (may Allah be pleased with him). When the Messenger came to him he was beating leaves for camels and shaking them off with his hand. He said to him: Eat it. He replied: Give it to the people who are not in sacred state; we are wearing ihram. I adjure the people of Ashja' who are present here. Do you know that a man presented a wild ass to the Messenger of Allah (ﷺ) while he was in ihram? But he refused to eat from it. They said: Yes.

Ibn ‘Abbas said Zaid bin ‘Arqam do you know that the limb of a game was presented to the Apostle of Allaah(ﷺ) but he did not accept it. He said “We are wearing ihram”. He replied, Yes.

Narrated Jabir ibn Abdullah

I heard the Messenger of Allah (ﷺ) say: The game of the land is lawful for you (when you are wearing ihram) as long as you do not hunt it or have it hunted on your behalf.

Abu Dawud said: When two traditions from the Prophet (ﷺ) conflict, one should see which of them was followed by his Companions.

Abu Qatadah said that he accompanied the Apostle of Allaah(ﷺ) and he stayed behind on the way to Makkah with some of his companions who were wearing ihram, although he was not. When he saw a wild ass he mounted his horse and asked them to hand him his whip, but they refused. He then asked them to hand him his lance. When they refused, he took it, chased the while ass and killed it. Some of the Companions of the Apostle of Allaah(ﷺ) ate it and some refused (to eat). When they met the Apostle of Allaah(ﷺ) they asked him about it. He said that was the food that Allaah provided you for eating.

Chapter 42: Regarding Eating Of Locuts By A Muhrim

Abu Hurairah reported the Prophet (ﷺ) as saying “Locusts are counted along with what is caught in the sea (i.e., the game of the sea).”

Abu Hurairah said, We found a swarm of Locusts. A man who was wearing ihram began to strike it with his whip. He was told that his action was not valid. The fact was mentioned to the Prophet (ﷺ); He said “That is counted along with the game of the sea.” I heard Abu Dawud say “The narrator Abu Al Muhzim is weak. Both these traditions are based on misunderstanding.

Ka’ab said “Locusts are counted along with the game of the sea.”

Chapter 43: Regarding The Fidyah

Ka’ab bin ‘Ujrah said that the Apostle of Allaah(ﷺ) came upon him (during their stay) at Al Hudaibiyyah. He asked do the insects of your head (lice) annoy you? He said Yes. The Prophet (ﷺ) said Shave your head, then sacrifice a sheep as offering or fast three days or give three sa’s of dates to six poor people.

Ka’ab bin ‘Ujrah said that the Apostle of Allaah(ﷺ) said to him, If you like sacrifice an animal or if you like fast three days or if you like give three sa’s of dates to six poor people.

Narrated Ka'b ibn Ujrah

The Messenger of Allah (ﷺ) came upon him (during their stay) at al-Hudaybiyyah. He then narrated the rest of the tradition. This version adds: "He asked: Do you have a sacrificial animal? He replied: No. He then said: Fast three days or give three sa's of dates to six poor people, giving one sa' to every two persons."

A man from the Ansar said on the authority of Ka'b ibn Ujrah that he was feeling pain in his head (due to lice); so he shaved his head. The Prophet (ﷺ) ordered him to sacrifice a cow as offering.