Hajj

Yahya related to me from Malik from Abd al-Malik ibn Qurayr fromMuhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "Iwas racing a friend on horseback towards a narrow mountain trail andwe killed a gazelle accidently and we were in ihram. What is youropinion?" Umar said to a man by his side, "Come, so that you and I maymake an assessment." They decided on a female goat for him, and theman turned away saying, "This amir al-muminin cannot even make anassessment in the case of a gazelle until he calls a man to decidewith him." Umar overheard the man's words and called him and askedhim, "Do you recite surat al-Ma'ida?" and he said, "No." He said,"Then do you recognize this man who has taken the decision with me?"and he said, "No." He said, "If you had told me that you did recitesurat al-Ma'ida, I would have dealt you a blow." Then he said, "Allahthe Blessed, the Exalted says in His Book, 'as shall be judged by twomen of justice among you, a sacrificial animal to reach the Kaba'(Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."

Yahya related to me from Malik from Hisham ibn Urwa that hisfather used to say, "For the female of wild animals a cow is given andfor the female of gazelles a sheep."

Yahya related to me from Malik from Yahya ibn Said that Said ibnal-Musayyab used to say, "For the pigeon of Makka, when it is killed,a sheep is due."

Malik said, that if a man of the people ofMakka were to enter ihram for hajj or umra and there was a flock ofMakkan pigeons in his house and they were shut in and died, "I thinkthat he should pay for that with a sheep for each bird."

Malik said, I still hear that when a person in ihram kills anostrich, a camel is due."

Malik said, "I think that for anostrich egg, one tenth of the price of a camel is due in the same waythat there is a newly-born male or female slave for the unborn childof a free woman. The value of the newly-born slave is fifty dinars,and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vulturescount as game for which a price is paid just as a price is paid forany game which a person in ihram kills. For everything for which apenalty is paid, the assessment is the same, whether the animal is oldor young. The analogy of that is that the blood-money for the youngand the old freeman, are considered to be the same."

Yahya related to me from Malik from Zayd ibn Aslam that a mancame to Umar ibn al-Khattab and said, "Amir al-muminin, I killed somelocusts with my whip when I was in ihram," and Umar said to him, "Givea handful of food."

Yahya related to me from Malik from Yahya ibn Said that a mancame to Umar ibn al-Khattab and asked him about some locusts he hadkilled while he was in ihram. Umar said to Kab, "Come, let's decide."Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. Adate is better than a locust."

Yahya related to me from Malik from Abd al-Karim ibn Malik al-Jazari from Abd ar-Rahman ibn Abi Layla from Kab ibn Ujra that onetime he was with the Messenger of Allah, may Allah bless him and granthim peace, in ihram, and he was suffering from lice on his head. TheMessenger of Allah, may Allah bless him and grant him peace, told himto shave his head, saying, "Fast three days, or feed six poor people,two mudds for each person, or sacrifice a sheep. If you do any ofthose it will be enough for you."

Yahya related to me from Malik from Humayd bin Qays from MujahidAbu'l Hajjaj from Ibn Abi Layla from Kab ibn Ujra that the Messengerof Allah, may Allah bless him and grant him peace, said to him,"Perhaps your pests are troubling you?" He replied that indeed theywere, and the Messenger of Allah, may Allah bless him and grant himpeace, said, "Shave your head and fast three days or feed six poor menor sacrifice a sheep."

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasanisaid that an old man from Suq al-Buram in Kufa had related to him thatKab ibn Ujra said, "The Messenger of Allah, may Allah bless him andgrant him peace, came to me while I was blowing under a cooking potbelonging to my companions and my head and beard were full of lice. Hetook my forehead and said, 'Shave your hair and fast three days orfeed six poor people.' The Messenger of Allah, may Allah bless himand grant him peace, was aware that I did not have anything with me tosacrifice.'"

Malik said, concerning paying compensation(fidya) for the relief of physical discomfort, "The custom concerningit is that no one pays compensation until he has done something whichmakes it obligatory to pay compensation just as making amends(kaffara) is only done when it has become obligatory for the one whoowes it. The person can pay the compensation wherever he wishes,regardless of whether he has to sacrifice an animal or fast or givesadaqa -- in Makka or in any other town."

Malik said, "It isnot correct for a person in ihram to pluck out any of his hair or toshave it or cut it until he has left ihram, unless he is sufferingfrom an ailment of the head, in which case he owes the compensationAllah the Exalted has ordered. It is not correct for a person in ihramto cut his nails, or to kill his lice, or to remove them from his heador from his skin or his garment to the ground. If a person in ihramremoves lice from his skin or his garment, he must give away thequantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his noseor armpit or rubs his body with a depilatory agent or shaves the hairfrom around a head wound out of necessity or shaves his neck for theplace of the cupping glasses, regardless of whether it is inforgetfulness or in ignorance, owes compensation in all theseinstances, and he must not shave the place of the cupping glasses.Someone, who, out of ignorance, shaves his head before he stones thejamra. must also pay compensation."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as-Sakhtayani from Said ibn Jubayr that Abdullah ibn Abbas said, "Ifsomeone forgets anything of the rituals or omits them intentionally,he must slaughter an animal." Ayyub added "I do not know if he said'Omits' or 'forgets'."

Malik said, "If it is a hady that hasto be slaughtered it may only be done in Makka, but if it is asacrifice, it may be slaughtered wherever the one who owes thesacrifice prefers."

Malik said, concerning someone who wishes to wear clothes that aperson in ihram must not wear, or cut his hair, or touch perfumewithout necessity, because he finds it easy to pay the compensation,"No-one must do such things. They are only allowed in cases ofnecessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself themethod of compensation he makes, and he was asked what kind of animalwas to be sacrificed, and how much food was to be given, and how manydays were to be fasted, and whether the person could delay any ofthese, or if they had to be done immediately. He answered, 'Wheneverthere are alternatives in the Book of Allah for the kaffara, theculprit can choose to do whichever of the alternatives he prefers. Asfor the sacrifice - a sheep, and as for the fasting - three days. Asfor the food - feeding six poor men, for every poor man two mudds, bythe first mudd, the mudd of the Prophet, may Allah bless him and granthim peace."

Malik said, "I have heard one of the people ofknowledge saying, 'When a person in ihram throws something and hitsgame unintentionally and kills it, he must pay compensation. In thesame way, someone outside the Haram who throws anything into the Haramand hits game he did not intend to, killing it, has to paycompensation, because the intentional and the mistaken are in the sameposition in this matter.' "

Malik said, concerning people whokill game together while they are muhrim or in the Haram, "I thinkthat each one of them owes a full share. If a sacrificial animal isdecided for them, each one of them owes one, and if fasting is decidedfor them, the full fasting is owed by each one of them. The analogy ofthat is a group of people who kill a man by mistake and the kaffarafor that is that each person among them must free a slave or fast twoconsecutive months."

Malik said, "Anyone who stones or huntsgame after stoning the jamra and shaving his head but before he hasperformed the tawaf al-ifada, owes compensation for that game, becauseAllah the Blessed, the Exalted said, 'And when you leave ihram, thenhunt,' and restrictions still remain for someone who has not done thetawaf al-ifada about touching perfume and women."

Malik said,"The person in ihram does not owe anything for plants he cuts down inthe Haram and it has not reached us that anyone has given a decisionof anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot thefast of three days in the hajj, or who was ill during them and so didnot fast them until he had returned to his community, "He must offer asacrificial animal (hady) if he can find one and if not he must fastthe three days among his people and the remaining seven after that."

Yahya related to me from Malik from Ibn Shihab from clsa ibnTalha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah,may Allah bless him and grant him peace, stopped for the people atMina, and they questioned him and a man came and said to him,'Messenger of Allah, I was unclear about what to do and I shavedbefore sacrificing,' and the Messenger of Allah, may Allah bless himand grant him peace, said, 'Sacrifice, and don't worry.' Then anothercame to him and said 'Messenger of Allah, I was unclear about what todo and I sacrificed before throwing the stones.' He advised, 'Throw,and don't worry.' "

Amr continued, saying that the Messengerof Allah, may Allah bless him and grant him peace, was not asked aboutanything done before or after without his saying, "Do it, and don'tworry."

Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat when the Messenger of Allah, may Allah bless him and grant himpeace, returned from a military expedition or a hajj or an umra, heused to say three takbirs on every elevated part of the land, and thenhe used to say, "There is no god but Allah, alone, without partner. ToHim belongs the Kingdom and to Him belongs the praise and He has powerover everything. Returning, making tawba, serving, prostrating,praising our Lord. Allah has promised truly and given His slavevictory and defeated the tribes alone."

Yahya related to me from Malik from Ibrahim ibn Uqba from Kuraybthe mawla of Abdullah ibn Abbas from Ibn Abbas that the Messenger ofAllah, may Allah bless him and grant him peace, passed a woman in alitter and it was said to her, "This is the Messenger of Allah, mayAllah bless him and grant him peace," and she took the forearms of ayoung boy who was with her and said, "Does this one have a hajj,Messenger of Allah?" and he said, "Yes, and you have a reward."

Yahya related to me from Malik from Ibrahim ibn Abi Abla fromTalha ibn Ubaydullah ibn Kariyz that the Messenger of Allah, may Allahbless him and grant him peace, said, "Shaytan is not considered moreabased or more cast out or more contemptible or more angry on any daythan on the Day of Arafa. That is only because he sees the descent ofthe Mercy and Allah's disregard for great wrong actions. That isexcept from what he was shown on the Day of Badr." Someone said, "Whatwas he shown on the Day of Badr, Messenger of Allah?" He said, "Didn'the see Jibril arranging the ranks of the angels?"

Yahya related to me from Malik from Zihad ibn Abi Ziyad the mawlaof Abdullah ibn Ayyash ibn Abi Rabia from Talha ibn Ubaydullah ibnKariyz that the Messenger of Allah, may Allah bless him and grant himpeace, said, "The most excellent dua is the dua on the Day of Arafa,and the best of what I and the prophets before me have said, is 'Thereis no god but Allah, alone, without partner.'"

Yahya related to me from Malik from Ibn Shihab from Anas ibnMalik that the Messenger of Allah, may Allah bless him and grant himpeace, entered Makka, in the Year of Victory, wearing a helmet, andwhen he took it off a man came to him and said, "Messenger of Allah,Ibn Khatal is clinging to the covers of the Kaba,'' and the Messengerof Allah, may Allah bless him and grant him peace, said, "Kill him."

Malik commented, "The Messenger of Allah, may Allah bless himand grant him peace, was not in ihram at the time, and Allah knowsbest."

Yahya related to me from Malik from Nafi that Abdullah ibn Umarwas coming from Makka and when he was at Qudayd, news came to him fromMadina and he returned and entered Makka without ihram.

Yahyarelated the same as that to me from Malik from Ibn Shihab.

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhalaad-Dili from Muhammad ibn lmran al-Ansari that his father said thatAbdullah ibn Umar came upon him while he stopped for a rest under atall tree on the road to Makka, and he said, "What has made you stopunder this tall tree?" He replied that he sought it's shade. Abdullahibn Umar said, "Anything besides that?" and he said, "No, that was theonly. reason he stopped for a rest," and Abdullah ibn Umar said, "TheMessenger of Allah, may Allah bless him and grant him peace, said, 'Ifyou are between al-Akhshabayn (which are two mountains) near Mina,'indicating the east with his outspread hand, 'you will find a valleycalled as-Surar with a tree in it beneath which the umbilical cords ofseventy prophets have been cut.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibnHazm from Ibn

Abi Mulayka that Umar ibn al-Khattab passed aleprous woman doing tawaf of the House, and he said to her, "Slave ofAllah, do not make people uneasy. Better that you stay in your house,"so she did so. A man passed by her after that and said to her, "Theone who forbade you has died, so come out," and she replied, "I am notgoing to obey him when he is alive and disobey him when he is dead."