Hajj

Yahya related to me from Malik that he had heard that Umar ibnal-Khattab and AIi ibn Abi Talib and Abu Hurayra were asked about aman 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 ananimal."

Malik added that AIi ibn Abi Talib said, "When theythen go into ihram for hajj in a future year they should keep apartuntil they have completed their hajj."

Yahya related to me from Malik from Yahya ibn Said that he heardSaid ibn al-Musayyab asking a group of people, "What do you thinkabout 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 hadintercourse with his wife while in ihram who has sent a message toMadina asking about it." Some of them said, "They should be kept apartuntil a future year," and Said ibn al-Musayyab said, "They shouldcarry on and complete the hajj which they have spoiled, and thenreturn home when they have finished. If another hajj comes upon them,they must do hajj and sacrifice an animal. They should go into ihramat the same place where they went into ihram for the hajj that theyspoiled, and they should keep apart until they have finished theirhajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wifeduring hajj after he had come down from Arafa but before he had stonedthe Jamra, "He must sacrifice an animal and do hajj again in anotheryear. If, however, he had intercourse with his wife after he stonedthe Jamra, he only has to do an umra and sacrifice an animal and hedoes not have to do another hajj."

Malik said, "What spoils ahajj or an umra and makes sacrificing an animal and repeating the hajjnecessary is the meeting of the two circumcised parts, even if thereis no emission. It is also made necessary by an emission if it is theresult of bodily contact. I do not think that a man who rememberssomething and has an emission owes anything, and if a man were to kisshis wife and no emission were to occur from that, he would only haveto sacrifice an animal. A woman in ihram who has intercourse with herhusband several times during hajj or umra out of obedience to him onlyhas to do another hajj and sacrifice an animal. That is if her husbandhas intercourse with her while she is doing hajj. If he hasintercourse with her while she is doing umra, she must repeat the umrashe has spoiled and sacrifice an animal."

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

Malik related to me from Nafi from Sulayman ibn Yasar that Habbaribn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattabwas sacrificing his animal and said, "Amir al-muminin, we made amistake in our reckoning and we thought that today was the day ofArafa." Umar said, "Go to Makka, you and whoever else is with you, anddo tawaf and sacrifice your animal if you have one with you. Thenshave or cut your hair and return home. Then, in another year, do hajjand sacrifice an animal, and if you cannot find one, fast three dayson hajj and seven when you return home."

Malik said, "Someonewho intends to do hajj and umra together and then misses the hajj mustdo hajj again in another year, doing hajj with umra, and offer twosacrificial animals, one for doing the hajj with umra, and one for thehajj that he has missed."

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

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili thatlkrama, the mawla of Ibn Abbas, said, (and Thawr believed it to befrom Abdullah ibn Abbas), "Someone who has intercourse with his wifebefore he has done the tawaf al-ifada should do an umra and sacrificean animal."

Yahya related to me from Malik that he had heard Rabia ibn AbiAbd ar-Rahman saying the same about that as what Ikrama related fromIbn Abbas.

Malik said, "That is what I like most out of whatI have heard about the matter."

Malik was asked about a manwho forgot the tawaf al-ifada until he had left Makka and returned tohis community and he said, "I think that he should go back and do thetawaf al-ifada, as long as he has not had sexual relations with women.If, however, he has had sexual relations with women, then he shouldnot only return and do the tawaf al-ifada, but he should also do anumra and sacrifice an animal. He should not buy theanimal in Makka andsacrifice it there, but if he has not brought one with him fromwherever it was he set out to do umra, he should buy one in Makka andthen take it outside the limits of the Haram and drive it from thereto Makka and sacrifice it there."

Yahya related to me from Malik from Jafar ibn Muhammad from hisfather that Ali ibn Abi Talib used to say, "The least difficult thingacceptable as a sacrificial animal is a sheep."

Yahya related to me from Malik that he had heard that Abdullahibn Abbas used to say, "The least difficult thing acceptable as asacrificial animal is a sheep."

Malik said, "That is what Ilike 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 notkill game while you are in ihram. Whoever of you kills itintentionally, there shall be repayment the like of what he has slain,from livestock, as shall be judged by two men of justice among you, asacrificial 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 isone of the animals which is judged to be acceptable as a sacrifice.Allah has called it a sacrificial animal, and there is no disputeamong us about the matter. How, indeed, could anyone be in doubt aboutthe matter? A sheep is the kaffara for anything which does not reachthe extent of something for which a camel or a cow would be thekaffara, and the kaffara for something which does not reach the extentof something for which a sheep would be the kaffara is fasting, orfeeding poor people."

Yahya related to me from Malik from Nafi that Abdullah ibn Urnarused to say, "The least thing that is acceptable as a sacrificialanimal is a camel or a cow."

Yahya related to me from Malik fromAbdullah ibn Abi Bakr that amawla of Amir bint Abd ar-Rahman called Ruqayya told him that she onceset out with Amra bint Abd ar-Rahman to go to Makka. She said, ''Amraentered Makka on the eighth of Dhu'l-Hijja, and I was with her. Shedid tawaf of the House, and say between Safa and Marwa, and thenentered the back of the mosque. She asked me, 'Do you have a pair ofscissors with you?' and I said, 'No.' She said, 'Then try and findsome for me.' I went and looked for some and brought them back and shecut some hair from the tresses of her head.Then, on the day ofsacrifice, she slaughtered a sheep."

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

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

Yahya related to me from Malik that he had heard one of thepeople of knowledge say, "A man and wife should not share in onesacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted withan 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 thathe sacrificed it at the time of the hajj while in the meantime he cameout of ihram from his umra. He said, "He should postpone it so that hemay sacrifice it at the time of the hajj, and meanwhile come out ofihram from his umra."

Malik said, "If it is judged that some-one must offer an animal for having killed game, or for any otherreason, this animal can only be sacrificed at Makka, since Allah, theBlessed and Exalted, says, 'a sacrificial animal which will reach theKaba.' The fasting or sadaqa that is considered equivalent tooffering a sacrifice can be done outside Makka, and the person who isdoing it can do it wherever he likes."

Yahya related to me from Malik from Yahya ibn Said from Yaqub ibnKhalid al-Makhzumi that Abu Asma, the mawla of Abdullah ibn Jafar,told him that he was with Abdullah ibn Jafar when they set out oncefrom Madina. At as-Suqya they passed by Husayn ibn Ali, who was ill atthe time. Abdullah ibn Jafar stayed with him and then, when he fearedthat he was late (for the hajj) he left, and sent for Ali ibn AbiTalib and Asma bint Umays in Madina, and they came to Husayn. ThenHusayn 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 forhim.

Yahya ibn Said added, "Husayn had set out with Uthmanibn Affan on that particular journey to Makka. "

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

Yahya related to me from Malik from Hisham ibn Urwa that Abdullahibn az-Zubayr used to say, "Know that the whole of Arafa is astanding-place except for the middle of Urana, and that the wholeofMuzdalifa is a standing-place except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to beno rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat197).

He added, "Rafath is sexual relations with women, andAllah knows best. Allah, the Blessed and Exalted says, 'Rafath withyour women is permitted to you on the night of the fast.' (Sura 2 ayat197). Fusuq are sacrifices made to idols, and Allah knows best. Allah,the Blessed and Exalted, says, 'Or a fisq offered up to other thanAllah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers towhen the Quraysh used to stand near the mashar al-haram at Quzah inMuzdalifa, while the Arabs and others would stand at Arafa, and theywould argue about who was the more correct. Allah, the Blessed andExalted, says, 'And we appointed a method of sacrifice for everynation, which they followed, so let them not dispute with you aboutthe matter, and call to your Lord. Surely you are on a straightguidance.' (Sura 22 ayat 67) This is what jidal refers to in ouropinion, and Allah knows best. This I have heard from the people ofknowledge."

Malik was asked about whether a man could stand at Arafa, or atMuzdalifa, or stone the Jamras, or do say between Safa and Marwa if hewas not in wudu, and he said, "Every practice in the hajj that amenstruating woman can take part in can be taken part in by a man whois not in wudu and there is nothing due from him for that. However, itis better for him to be in wudu for all those things, and he shouldnot make a general practice of it."

Malik was asked whether aman who was riding should get down to do the standing at Arafa or ifhe could stand while mounted, and he said, "He can stand whilemounted, unless he or his riding beast have an illness, in which caseAllah is the one who most often accepts an excuse."

Yahya related to me from Malik from Nafi that Abdullah ibn Umarused to say, "Someone who does not stand at Arafa on the night ofMuzdalifa before the dawn breaks has missed the hajj, and someone whostands at Arafa on the night of Muzdalifa before the dawn breaks hascaught the hajj."

Yahya related to me from Malik from Hisham ibn Urwa that hisfather said, "Someone who does not stand at Arafa on the night ofMuzdalifa

before the dawn breaks has missed the hajj, andsome one who stands at Arafa on the night of Muzdalifa before the dawnbreaks has caught the hajj.

Malik said, about a slave freedduring the wuquf at Arafa, "His standing does not fulfil for him thehajj of Islam, except if he was not in ihram and then he went intoihram after he was freed and he stood at Arafa that same night beforethe dawn broke in which case that is enough for him. If, however, hedid not go into ihram until after the dawn had broken, he is in thesame position as someone who misses the hajj by not catching thestanding at Arafa before the breaking of the dawn on the night ofMuzdalifa, and he will have to do the hajj of Islam later."