Hajj

Yahya related to me from Malik, from Hisham ibn 'Urwa, that hisfather would stop saying the talbiya when he entered the Haram, if hewas doing 'umra.

Malik said that someone who went into ihramat at-Tanim should stop saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people ofMadina, or elsewhere, who had begun doing umra at one of the mawaqit,should stop saying the talbiya, and he said, "Someone who goes intoihram at one of the mawaqit should stop saying the talbiya when hearrives at the Haram."

Malik added, "I have heard thatAbdullah ibn Umar used to do that."

Yahya related to me from Malik, from Ibn Shihab, that Muhammadibn Abdullah ibn al-Harith ibn Nawfal ibn Abd al-Muttalib told himthat he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussingtamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Onlysomeone who is ignorant of what Allah, the Exalted and Glorified, sayswould do that." Whereupon Sad said, "How wrong is what you have justsaid, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattabforbade that," and Sad said, "The Messenger of Allah, may Allah blesshim and grant him peace, did it, and we did it with him."

Yahya related to me from Malik, from Sadaqa ibn Yasar, thatAbdullah ibn Umar said, "By Allah, I would rather do umra before hajjand sacrifice an animal than do umra after hajj in the month ofDhu'l-Hijja."

Yahya related to me from Malik, from Abdullah ibn Dinar, thatAbdullah ibn Umar used to say, "Anyone that does umra in the months ofhajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before thehajj, and then stays in Makka until the time for hajj, is doingtamattu if he then does hajj. He must sacrifice whatever animal it iseasy for him to obtain, and if he cannot find one then he must fastthree days during hajj and seven days when he returns."

Maliksaid, "This is only the case if he stays until the hajj and does hajjin that same year."

Malik said that if someone who was fromMakka but had stopped living there and gone to live elsewhere, cameback to do umra in the months of the hajj and then stayed in Makka tobegin hajj there, he was doing tamattu, and had to offer up asacrificial animal, or fast if he could not find one. He was not thesame as the people of Makka.

Malik was asked whether someonewho was not from Makka and entered Makka to do umra in the months ofhajj with the intention of staying on to begin his hajj there wasdoing tamattu or not, and he said, "Yes, he is doing tamattu, and heis not the same as the people of Makka, even if he has the intentionof staying there. This is because he has entered Makka, and is not oneof its people, and making a sacrifice or fasting is incumbent onanyone who is not from Makka, and, although he intends to stay, hedoes not know what possibilities might arise later. He is not one ofthe people of Makka."

Yahya related to me from Malik that Yahya ibn Said used to hearSaid ibn al-Musayyab say, "Anyone that does umra in Shawwal,Dhu'l-Qada or Dhu l-Hijja, and then stays in Makka until it is timefor the hajj, is doing tamattu if he then does hajj. He must sacrificewhatever animal it is easy for him to obtain, and if he cannot findone then he must fast three days during hajj and seven days when hereturns."

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada orDhu'l-Hijja and then goes back to his people, and then returns anddoes hajj in that same year does not have to sacrifice an animal.Sacrificing an animal is only incumbent on some one who does umra inthe months of hajj, and then stays in Makka and then does hajj. Aperson not from Makka who moves to Makka and establishes his homethere and does umra in the months of the hajj and then begins his hajjthere is not doing tamattu. He does not have to sacrifice an animalnor does he have to fast. He is in the same position as the people ofMakka if he is one of those who are living there."

Malik wasasked whether a man from Makka who had gone to live in another town orhad been on a journey and then returned to Makka with the intention ofstaying there, regardless of whether he had a family there or not, andentered it to do umra in the months of the hajj, and then began hishajj there, beginning his umra at the miqat of the Prophet, may Allahbless him and grant him peace, or at a place nearer than that, wasdoing tamattu or not?

Malik answered, "He does not have tosacrifice an animal or fast as someone who is doing tamattu has to do.This is because Allah, the Blessed and Exalted, says in His Book,'That is for someone whose family are not present at Masjid al-Haram.'

Yahya related to me from Malik, from Sumayy, the mawla of AbuBakr ibn Abd ar-Rahman, from Abu Salih as-Samman, from Abu Hurayra,that the Messenger of Allah, may Allah bless him and grant him peace,said, "Umra is an expiation for what is between it and the next umra,and the only reward for an accepted hajj is the Garden."

Yahya related to me from Malik that Sumayy, the mawla of Abu Bakribn Abd ar-Rahman, heard Abu Bakribn Abd ar-Rahman say, "A woman cameto the Messenger of Allah, may Allah bless him and grant him peace,and said, 'I had arranged to do hajj, but I was prevented,' and theMessenger of Allah, may Allah bless him and grant him peace, said, 'Doumra in Ramadan, for doing umra in it is like doing hajj.' "

Yahya related to me from Malik, from Nafi, from Abdullah ibnUmar, that Umar ibn al-Khattab said, "Keep your hajj separate fromyour umra. That way your hajj will be more complete. And your umrawill be more complete if you do it outside of the months of the hajj."

Yahya related to me from Malik that he had heard that Uthman ibnAffan would sometimes never get down from the animal he was riding onwhen he was doing umra, until he had returned .

Malik said,''Umra is a sunna, and we do not know of any muslim who has ever saidthat it is permissible not to do it."

Malik said, "I do notthink that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with hiswife had to sacrifice an animal and do a second umra, which he had tobegin when he had finished the one that he had spoiled. He should gointo ihram at the same place where he went into ihram for the umrawhich he had spoiled, except if he had entered into ihram at a placefurther away than his miqat. This was because he only had to go intoihram from his miqat.

Malik said, "Someone who entered Makkato do umra, and does tawaf of the House and say between Safa and Marwawhile he is junub, or not in wudu, and afterwards has intercourse withhis wife, and then remembers, should do ghusl, or wudu, and then goback and do tawaf around the House and say between Safa and Marwa anddo another umra and sacrifice an animal. A woman should do the same ifher husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the onlyalternative). It is permissible if Allah wills for some one to leavethe Haram and go into ihram if he wishes, but the best way is for himto go into ihram at the miqat which the Messenger of Allah, may Allahbless him and grant him peace, used (i.e. at-Tanim), or one which isfurther away."

Yahya related to me from Malik, from Rabia ibn Abi Abd ar-Rahman,from Sulayman ibn Yasar, that the Messenger of Allah, may Allah blesshim and grant him peace, sent Abu Rafi and a man of the Ansar toarrange his marriage to Maymuna bint al-Harith, and the Messenger ofAllah, may Allah bless him and grant him peace, was in Madina beforehe had left for umra.

Yahya related to me from Malik, from Nafi, from Nubayh ibn Wahb,who was from the tribe of Bani Abd ad-Dar, that Umar ibn Ubaydullahsent a message to Aban ibn Uthman (who was amir of the hajj at thetime), while both of them were in ihram, saying, "I want to marry BintShayba ibn Jubayr to Talha ibn Umar and I want you to be present."Aban told him that he should not do that and said, "I heard Uthman ibnAffan say that the Messenger of Allah, may Allah bless him and granthim peace, said, 'A man in ihram should not marry, or give inmarriage, or get betrothed.' "

Yahya related to me from Malik, from Da'ud ibn al-Husayn, thatAbu Ghatafan ibn Tarif al-Murri told him that his father Tarif hadmarried a woman while he was in ihram, and Umar ibn al-Khattab hadrescinded the marriage.

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umarused to say, "Someone in ihram may neither get married, nor arrange amarriage for himself or others."

Yahya related to me from Malik that he had heard that Said ibnal-Musayyab, Salim ibn Abdullah and Sulayman ibn Yasar were askedabout whether someone in ihram could get married, and they said, "Someone in ihram may neither get married nor give some one in marriage."

Malik said that a man who was in ihram could return to hiswife if he wanted to, if she was still in her idda after she had beendivorced from him.

Yahya related to me from Malik, from Yahya ibn Sa'id, fromSulayman ibn Yasar, that the Messenger of Allah, may Allah bless himand grant him peace, was once cupped on the top of his head while hewas in ihram, at Lahyay Jamal, which is a place on the road to Makka.

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umarused to say, "Someone in ihram should not be cupped, except when thereis no other alternative."

Malik said, "Someone who is inihram should not be cupped except when it is necessary."

Yahya related to me from Malik, from Abu'n-Nadr, the mawla of'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al-Ansari, that Abu Qatada was once with the Messenger of Allah, mayAllah bless him and grant him peace. When they got to one of the roadsto Makka he fell behind with some companions of his who were muhrim,while he was not. Then he saw a wild ass, so he got on his mount andasked his companions to give him his whip but they refused. Then heasked them for his spear and they refused to give it to him. So hetook hold of it and attacked the ass and killed it. Some of thecompanions of the Messenger of Allah, may Allah bless him and granthim peace, ate from it, and others refused. When they had caught upwith the Messenger of Allah, may Allah bless him and grant him peace,they asked him about it and he said, "It is food that Allah has fedyou with."

Yahya related to me from Malik, from Hisham ibn Urwa, from hisfather, that az-Zubayr ibn al-Awwam used to take dried gazelle meat(safif adh-dhiba) as provisions while he was in ihram.

Maliksaid, "Safif are dried strips of meat."

Yahya related to me from Malik, from Zayd ibn Aslam, that Ata ibnYasar had told him, from Abu Qatada, the same hadith about the wildass as that of Abu'n-Nadr, except that in the hadith of Zayd ibn Aslamthe Messenger of Allah, may Allah bless him and grant him peace, said,"Do you still have any of its meat?"