النص المفهرس

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whatever remained in the bucket.
The fact is that the first time he did not alight from the she camel because of a heavy crowd.
This is as the hadith of Ibn Abbas usan+). Then he came again and, finding an opportunity,
.رضى اللهعنه .he pulled a bucketful of water. This is the hadith of Ata
THE PROPHET MUHAMMAD'S صلى الله عليه وسلم FAREWELL TAWAF
(٢٦٦٤) وَعَنْ أَنَسٍ أَّ النَِّيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ صَلَى الُّهْرَ وَالْعَفْعَرَ وَالْمَغْرِبَ وَالْعِشَآء ثُذَّ رَقَدَ رَقْدَةً
بِالْمُحَضَبٍ ثُمَّ رَكِبَ إِلَى الْبَيْتِ فَطَاقَە په-(رواه البخارى)
2664. Sayyiduna Anas رضى الله عنه said that the Prophet Muhammad صلى الله عليه وسلم offered
the salah (prayer) of zuhr, asr, maghrib and isha in al-Muhassab. Then he rode to
the House and performed the tawaf.1
COMMENTARY: Muhassab is a land where too many pebbles are found, but this one Al-
Muhassab is the proper name of a place between Makkah and Madinah. It is called Abtah.
Batha and Khayf Banu Kinanah. Hence, another version says that the Prophet Muhammad
.offered the salah (prayer) at abtah صلى اللهعليه وسلم
PROPHET MUHAMMAD'S صلى الله عليه وسلم SALAH (PRAYER) ON THE DAYS OF AT-
TARWIYAH & AN-NAFR
(٢٦٦٥) وَعَنْ عَبْدِ الْعَزِيْزِ بْنِ رُفَيْعٍ قَالَ سَأَلْتُ أَنَسَ بُنَّ مَالِكٍ قُلْتُ أَخْبِرُنِ بِشَىْءٍ عَقَلْتَهُ عَنْ رَسُولَ اللَّهِ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَيْنَ صَلَّى التُُّهُرَ يَوْمَ الثَّوِيَةِ قَالَ يِمِلَى قَالَ فَأَيْنَ صَلَى الْعَصْرَ يَوْمّ النَّغْرِ قَالَ بِالْأَبْطَجِ
◌َُّ قَالَ اِفْعَلُ كَمَا يَفْعَلُ أُمَرَ اؤُكَ۔ (متفق عليه) .
2665. Sayyiduna Abdul Aziz ibn rufay alu, said that he asked Sayyiduna Anas ibn
Maalik to inform him what he knew about Allah's Messenger صلى الله عليه وسلم, "Where
did he offer the salah (prayer) of zuhr on the day of at-tarwiyah (which is 8th Dhul
Hijjah)?" He said, "At Mina." Then he asked, "Where did he offer the salah (prayer)
of asr on the day of an-nafr (Which is 13th of Dhul Hijjah)?" He said, "At al-Abtah"
Then Anas رضى الله عنه advised him to do as his leaders do.2
COMMENTARY: He advised Abdul Aziz als, to do as the amir did because if he did
otherwise he might suffer wrath of the amir. Moreover, it is not necessary in this case to
offer salah (prayer) of zuhr and asr on the day of at-tarwiyah and,an nafr at the same place
where the Prophet Muhammad صلى الله عليه وسلم offered these salah (prayer).
The preceding tradition mentions the salah (prayer) of zuhr in muhassab on the day of an-
nafr. In the second hadith, Anas usan +, was not asked about it, so he said nothing.
IS IT SUNNAH TO STAY IN ABTAH?
(٢٦٦٦) وَعَنْ عَائِشَةً قَالَ نُزُوُلُ الْأَبْطَحِ لَيْسَ بِسْتَّةٍ إِنَّمَا نَزَّلَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِأَنَّه كَاَّ
اسْمَحَّ ◌ِشُرُوجِهٍ إِذَا خَرَجَ ۔ (متفق عليه)
1 Bukhari # 1756, Darimi # 1873.
2 Bukhari # 1763, Muslim # 336-1309, Abu Dawud # 1912, Tirmidhi # 964, Nasa'i # 2997.

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2666. Sayyidah Ayshah &>, said that it is not a sunnah(Practice of Holy Prophet
Muhammad صلى الله عليه وسلم) to stop at Al-Abtah. Allah's Messenger صلى الله عليه وسلم had
stopped there only that it might be easier for him to depart (from Makkah) when he
had returned from there. 1
صلى الله عليه وسلم COMMENTARY: On the 13th Dhul Hijjah, when the Prophet Muhammad
returned, from mina, he stopped at abtah or Muhassab only to leave his luggage there and
proceed to Makkah. After performing tawaf al-wada (farewell circumambulation) and
when he decided to return to Madinah, he would travel lightly.
Some people, however, insist that it is a sunnah(Practice of Holy Prophet Muhammad le ano
) to stop at Muhassab and it is a part of the deeds of hajj. This is the view of Sayyiduna
Ibn Umar رضى الله عنه .His evidence is that the Prophet Muhammad صلى الله عليه وسلم had said in
Mina. "Tomorrow, insha Allah, we shall be at Khayf Banu Kinanah (which is Muhassab)
and stay there. The background of this was that it was here in khayf Banu Kinanah that the
idolaters had covenanted a pact while the Prophet Muhammad صلى الله عليه وسلم was in Makkah
to interdict Banu Hashim and Banu Abdul Muttalib completely - socially and
commercially - till they handed over the Prophet Muhammad صلى الله عليه وسلم to them. Thus
when Islam became dominant, the Prophet Muhammad صلى الله عليه وسلم wished to make
manifest the symbols of Islam in a place where till recently idolatry had dominated and
had conspired against Islam. In this way, he expressed gratitude for Allah's blessings when
He gave Islam power and dominance.
Tabarani رحمه الله has quoted Sayyiduna Umar رضى الله عنه in Awsat that it is a sunnah(Practice of
Holy Prophet Muhammad صلى الله عليه وسلم) to stay overnight at Abtah on the day of an-nafr.
Moreover, Umar usan», used to command people to stay here on this night.
It is stated in the Hidayah, the most famous book of Hanafi fiqh, "The more correct fact is
that the Prophet Muhammad صلى الله عليه وسلم stayed in abtah for the night to demonstrate to the
idolaters the power of Allah. The place where they had sat together to proscribe the
Muslims and show their might came under Muslim dominance by the mercy of Allah. so it
is sunnah(Practice of Holy Prophet Muhammad صلى الله عليه وسلم) to spend the night here.
However, some authorities assert that it is not a sunnah(Practice of Holy Prophet Muhammad
صلى الله عليه وسلم to spend the night in Muhassab because the Prophet Muhammad (صلى الله عليه وسلم
رضى الله عنه freedman Abu Rafi صلى الله عليه وسلم stay was by a coincidence the Prophet Muhammad
who was incharge of the Prophet Muhammad's صلى الله عليه وسلم luggage stopped there. He had
no prior command of the Prophet Muhammad صلى الله عليه وسلم. Among those who say that the
stay at Muhassab is not a sunnah(Practice of Holy Prophet Muhammad صلى الله عليه وسلم) are
Sayyiduna ibn Abbas رضى الله عنه and Sayyidah Ayshah رضى الله عنها as may be deduced from the
hadith under discussion (# 2666).
In short, the correct thing is that the Prophet Muhammad صلى الله عليه وسلم had stayed in
Muhassab even by a coincidence so, it is better that one should stay here as other sahabah
(Prophet's companions) رضى الله عنهم and the righteous caliphs رضى الله عنه did. But, if any one does
not stop here, then there is no harm in it.
1 Bukhari # 1765, Muslim # 339-1311, Abu Dawud # 2008, Tirmidhi # 923, Ibn Majah # 3067, Musnad
Ahmad 6-230.

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PROPHET MUHAMMAD'S صلى الله عليه وسلم DEPARTURE AFTER THE FAREWELL TAIMAF
(٢٦٦٧) وَعَنْهَا قَالَتُ أَحْرَمُتُ مِنَ التَّنْعِيُمِ بِعُمْرَةٍ فَدَخَلْتُ فَقَفَيْتُ عُمْرَتِ وَانْتَظَرَنِ رَسُولُ اللهِ صَلَّى اللَّهُ
قُلِهِ وَسَلَّمَ بِالْأَبْطَجٍ حَتَى فَرَغْتُ فَأَمَرَ النَّاسَ بِالرَّحِيْلِ فَخَرَجَ فَمَرَّ بِالْبَيْتِ فَطَافَ بِهِ قَبْلَ صَلَاةِ القُبْحِ ثَُّ
خَرَجٌ إِلَى الْمَدِيْنَةِ هذَا الْحَدِيْثُ مَا وَجَدْتُهُ بِرِوَايَةِ الشَُّخَيْنِ بَلْ بِرِوَايَةِ آلې دَاۈدَ مَعَ اخْتِلافٍ يَسِڭڕٍفى آخرِه۔
2667. Sayyidah Ayshah Que a+, narrated that she assumed the ilram (pilgrim-robe)
for umrah at Tanim. She then came in and performed her umrah. Allah's Messenger
the à o waited for her at Abtah till she had finished. Then he asked the People
to set out and he to get out. As he come by the House, he performed the tawaf
before the salah (prayer) of fajr. Then he went out towards Madinah. {This hadith
was not found by the compiler in Bukhari and Muslim but in Abu Dawud with
some difference)1
FAREWELL TAWAF IS WAJIB (OBLIGATORY)
(٢٦٦٨) وَعَنِ ابْنِ عَبَّاسٍ قَالَ كَانَ النَّاسُ يَنْصَرِ فُونَ فِي كُلِّ وَجُهٍ فَقَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
لَا يَنْفِرَكَّ أَحَدُكُمْ حَتَّى يَكُوْنَ أَخِرُ عَهْدِه بِالْبَيْتِ إِلَّ أَنَّهُ خُفِّفَ عَنِ الْخَائِضِ - (متفق عليه)
2668. Sayyiduna Ibn Abbas wal+, said that the people dispersed in every direction.
So, Allah's Messenger ,leano said, "None of you must depart without fulfilling
his last duty at the House, except that it is waived for the menstruating woman."2
COMMENTARY: The last thing a pilgrim does after doing all the rites of the pilgrimage is
to perform a tawaf before he departs. It is called tawaf wada and also tawaf sadr and it is
wajib (obligatory) on the aafaqi (a foreigner) though he may continue to stay in Makkah after
that for as many more days as he likes, but it is better to perform it just before going from.
Makkah. In fact, Imam Abu Hanifah &m , said that if anyone performs the tawaf wada
(farewell) during the day but stays on till after isha, then it is better for him to make
another tataf wada (farewell) before departing from Makkah.
This tawaf is wajib (obligatory) neither on the Makkans nor on those who reside within the
miqat. It is also not wajib (obligatory) on anyone who has settled in Makkah. And.intends to
depart from there.
This tawaf is also not wajib (obligatory) on one who has missed his hajj. It is not wajib
(obligatory) on one who performs the umrah.
Moreover, there is neither raml in this tawaf nor sa'I thereafter.
TAWAF WADA WAIVED IF THERE IS AN EXCUSE
(٢٦٦٩) وَعَنُ عَائِشَةً قَالَتْ حَاضَتُ صَفِيَّةٌ لَيْلَةَّ النَّقْرِ فَقَالَتْ مَا أُرَانِيٍ إِلَّ حَابِسَتَكُمْ قَالَ النَّبِىُّ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ عَقْرِى حَلْقَى أَطَافَتْ يَوْمّ النَّحُرِ قِيْلَ نَعَمْ قَالَ فَانْفِرِئٌ- (متفق عليه)
2669. Sayyiduna Ayshah e al , said that Sayyidah Safiyah experienced
menstruation on the right preceding (or following see commentary) yawm un nafr
1 Abu Dawud # 2006, but Masabih has it in Section I.
2 Bukhari # 1755, Muslim # 379. 1327, Abu Dawud, Ibn Majah, Ahmad.
·

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صلى الله عليه وسلم and lamented, 'I think I shall hold you back." The Prophet Muhammad .
expressed words of astonishment and regret, and asked, 'Had she performed the
tawaf (of ziyarah) on the day of sacrifice?" He was told,"Yes" So, he said, "Go (no
need to stay back)."1
COMMENTARY: The words (gal) the night preceding the day of sacrifice is the one on
which the Prophet Muhammad ,4,le ando stayed in Muhassab, the night of 13th Dhul Hijjah.
It must be borne in mind that in the references to hajj, the night is related to the day that has
passed (as spoken in English) not to the day that will follow (as spoken in Arabic and Urdu,
for instance Thursday night precedes Thursday and comes at sunset on Wednesday. In the
light of this explanation, the translation of the hadith will have to be amended) the right of
Yawm us nafr (13th Dhul Hijah) is, therefore, the one that follows the day of 13th.
Sayyidah Safiyah &+, presumed that tawaf wada could not be omitted even if there is a
reason for that just as tawaf ziyarah could not be omitted. So, she said that she ill be the
cause of detention of everyone till her menses ended and she had a both and performed the
tawaf. The Prophet Muhammad صلى الله عليه وسلم had presumed that she had not made the tawaf
ziyarah. On learning that she had, indeed, performed it, he said that she could return to
Madinah without tawaf wada' because if there is a reason its wajib (obligatory) nature is
waived. If, however, the tawaf ziyarah was pending, then she would have had to wait.
The words (ils,it) literally mean 'perish and to be wounded' and though it is a curse, the
Arabs are accustomed to use such sentences out of love without meaning to curse.
SECTION II
الفضلُ الثانی
PROPHET'S ADVICE ON THE DAY OF SACRIFICE
(٢٦٧٠) عَنْ عَمْرِو بُنِ الْأَخُوَصِ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ فِي حَجَّةِ الْوَدَاءِ آَىُّ
يَوْمٍ هُذَا قَالُوا يَوْمُ الْحُجِّ الْأَكْبَرِ قَالَ فَإَِّ بِمَاءَ كُمْ وَأَهْوَالَكُمْ وَأَعْرَاضَكُمْ بَيْنَكُمُ حَرَامُ كَحُرُمَةٍ
يَؤْمِكُمْ هُذَا آَلَّا لَا يَخْنِيِ جَارٍ عَلَى نَفْسِهٍ أَلَّا لَا تَخِْ جَارٍ عَلَى وَلَدِهِ وَلَّا مَوْلُدْ عَلَى وَالِدِهِ أَلَا وَإِّ
الشَّيْطَانَ قَدْ آَيِسَ آَنْ يُعبَّدَ فِيْ بَلَدِ كُمْ هذَا آَبَدًا وَلَكِنُ سَتَكُونُ لَهَ طَاعَةٌ فِيْمَا تَحْتَّقِرُونٌ مِنْ
اعْمَالِكُمْ فَسَيَرْضَى بِهِ-رَوَاءُ ابْنُ مَاجَهَ وَالِزْمِذِئُّ وَصَّحَه۔
2670. Sayyiduna Amir ibn al Ahwas as a >, narrated that he heard Allah's
Messenger صلى الله عليه وسلم ask the people on the day of the Farewell pilgrimage, 'what
day is it today?" They said, So, indeed, your blood, your properties and your
honour are sacred to each other of you as he sanctity of this your day in this your
town. Know! A saw only wrong himself. Know! A wrongdoer must not wrong his
child nor a child must wrong its parent. Indeed, the devil has despaired of ever
being worshipped in this your town, yet obedience will be shown to him in what
you consider minor deeds of no significance and you perform them He will be
pleased with that."2
COMMENTARY: The great hajj, or hajj akbar, means the hajj itself, Allah says:
1 Bukhari # 1731, Muslim # 387. 1211, Ibn Majah # 3072, Musnad Ahmad 6-85.
2 Tirmidhi # 2166, Ibn Majah # 3055

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وَآَذَّارٌ مِنَّ اللَّهِ وَرَسُوْلِهِ إِلَى النَّاسِ يَوْمِّ الْحُجِّ الْأَكْبَرِ آَّ اللَّهَ بَرِئٍُ مِنَ الْمُشْرِ كِيْنَ وَرَسُوُلُهُ
{And (this is) a proclamation from Allah and His Messenger to (all) the people on
the day of the Greater pilgrimage that Allah is free from obligation to the
associators, and so is His Messenger.} (9:3)
The qualifying word akbar (great) is used with hajj because umrah is called hajj asghar
(minor hajj). The well known exegete Baydawi als, said that eed ul adha, which is 10th
Dhul Hijjah, is called the day of hajj akbar because not only is hajj perfected this day but
also all great deeds of hajj are performed this day. According to a tradition, during the
farewell pilgrimage, the prophet Muhammad ,le ano stood near the jamrat on the day
of sacrifice (eed ul adha) and said, "This is the day of hajj akbar (the great hajj)."
No wrongdoer wrongs his son ... It means that wrongdoing of father or of son is not
blamed on son or father respectively. The wrongdoer is himself blamed and seized. This is
like the verse of the Quran;
وَلَا تَزِرُ وَازِرَةٌ وِزْرَ اُخْزِى
{No burdened soul will bear the burden of another} (17:15)
Of course, this is not limited to father and son but it is a universal concept. No one is
blamed for another's faults, be they related or not.
Some exponents drop the word (y) and hold that the sentence is negative to mean: 'no
wrongdoer must wrong himself.' If anyone wrongs another then he actually wrongs
himself, for, by doing so, he becomes liable to be punished.
The devil is despaired for ever that he would be worshipped in Makkah or would be
obeyed by having anyone else worshipped. It means that no non Muslim would enter this
town. It is a different thing that anyone comes disguised and worships someone other than
Allah secretly.
However, deeds would be performed in obedience to the devil. They will be sins like
slaying someone, robbing people and so on, and giving no thought to minor sins. Actually,
one who does not worry about minor sins obeys the devil who is pleased with this attitude.
Those deeds then lead him to more and a greater mischief.
(٢٦٧١) وَعَنْ رَافِعٍ بْنِ عَمْروِ الْمُزَّنِيِّ قَالَ رَأَيْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَخْلُبُ النَّاسَ بِمِنِى حِيْنَ
ارْتَفَعّ الضُّحى عَلى بَغْلَةٍ شَهْبَاء وَعَلِىّ ◌ُعْبِرُ عَنْهُ وَالنَّاسُ بَيْنَ قَائٍِ وَقَاعِدٍ-(رواهابوداؤد)
2671. Sayyiduna Rafi ibn Amr al Muzani As a +, narrated that he saw Allah's
Messenger ,le ino in Mina on the day of sacrifice in t he forenoon sitting on a
mule who had hair reddish on top but grey at the roots. He addressed the people
Sayyiduna Ali w ano, relayed whatever he said (for the convenience of those who
were afar). The people were either seated or standing.1
SCHEDULE OF TAWAF ZIYARAH
(٢٦٧٢) وَعَنْ عَائِشَةَ وَابْنٍ عَبَّاسٍ أَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ آَخَّرَ طَوَافَ الزِّيَارَةِ يَوْمَ النَّحْرِ إِلَى
1 Abu Dawud # 1956.

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اللَّيْلِ- (رواه الترمذى وابوداود وابن ماجة)
2672. Sayyiduana Ayshah رضى اله عنها and Sayyiduna Ibn Abbas رضى الهعنه narrated that Allah's
Messenger Lyleå lo deferred the tawaf ziyarah on the day of sacrifice till night.1
COMMENTARY: The Prophet Muhammad صلى الله عليه وسلم gave permission to women and
others to put off the tawaf ziyarah on the day of sacrifice till nightfall. It does not say that he
postponed his own tawaf ziyarah, for, he is known to have made it at the time of the
sacrifice and then offered the salah (prayer) of zuhr in Makkah or Mina.
Teebi alo>, said that Imam Shafi'I ale>, hold its time commences after midnight of eed ul
adha. Other imams say that it begins after dawn of that day and there is no closing time.
Imam Abu Hanifah als, holds that it is wajib (obligatory) in the days of sacrifice. After that
dumm will be due and it will be wajib (obligatory) to slaughter an animal as penalty.
NO RAML IN TAWAF ZIYARAH
(٢٦٧٣) وَعَنِ ابْنِ عَبَّاسِ أَثَّ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَمْ يَرْمَلُ فِى السَّبْعِ الَّذِى آَفَاضَ فِيْهِ۔
(رواه ابوداود وابن ماجة)
صلى الله عليه وسلم narrated that the Prophet Muhammad رضى الله عنه Sayyiduna Ibn Abbas .2673
did not make ramal in the tawaf ziyarah.2
COMMENTARY: Ramal has been explained previously as walking rapidly while jerking
shoulder and pulling out the chest.
The Prophet Muhammad صلى الله عليه وسلم did not observe ramal in tawaf ziyarah which is
fard(compulsory) because he had observed that in tawaf qudum.
The ruling is based on this. If anyone has made there is no ramal in tawaf ziyarah and no
sa'I thereafter. If anyone has not done both these things in tawaf qudum then he must do
both of them with tawaf ziyarah.
WHEN DOES ONE IS SACRED STATE FIND THE PROHIBITED BECOME LAWFUL
(٢٦٧٤-٢٦٧٥) وَعَنْ تَائِشَةَ أَكَّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا رَفى أَحَدُكُمْ جَمْرَةَ الْعَقَبَةِ فَقَدْ حَلَّ لَهُ
0
كُلُّ شَىْءٍ إِلَّ النِّسَاءَ - رَوَاءُ فِي شَرْجِ السُّنَّةِ وَقَالَ إِسْنَادُهُ ضَعِيُّفْ وَفِيْ رِوَايَةٍ أَحْمَدَ وَالنَّسَائِّ عَنِ ابْنِ عَبَّاسِ قَالَ
إِذَا رَقَى الْجُمْرَةَ فَقَدُ حَلَّ لَهُ كُلُّ شَىْءٍ إِلََّ النِّسَاءَ ..
صلى الله عليه وسلم narrated that the Prophet Muhammad رضى الله عنها Sayyidah Ayshah .2674
said, "when one of you casts pebbles at jamrat ul aqabah everything becomes
lawful to him but not women."3
2675. Sayyiduna Ibn Abbas à+, narrated that he said, "when he casts pebbles at
the jamrah, everything becomes lawful to him but not women (after shaving or
clipping hair)."4
1 Abu Dawud # 2000, Tirmidhi # 921, Ibn Majah # 5059, Musnad Ahmad 1-309
2 Abu Dawud # 2001, Ibn Majah # 3060.
3 Abu Dawud # 1978, Daraqutni # 179, (Muwaqat) Musnad Ahmad 6-143, Sharh us sunnah(Practice of
.(صلى الله عليه وسلم Holy Prophet Muhammad
4 Nasa'i # 3084, Musnad Ahmad

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THE PROPHET MUHAMMAD'S صلى الله عليه وسلم RAMI OF JAMARAT
(٢٦٧٦) وَعَنْهَا قَالَتْ آَفَاضَ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنْ أَخِرٍ يَوْمِهِ حِيْنَ صَلَّى الُّهْرَ تُؤَّ رَجَعَ إِلى
مِنِى فَمَكَّثَ بِهَا لَيَالِىَ آَيَّامِ التَّشْرِيْقِ يَرْمِى الْجُمُرَةَ إِذَا زَالَتِ الشَّمْسُ كُلَّ جَمْرَةٍ بِسَبْعِ حَصَيَّاتٍ يُكَّبِرُ مَعَ كُلِّ
حَصَاةٍ وَيَقِفُ عِنْدَ الْأُوْلِى وَالثَّانِيَةِ فَيُطِيْلُ الْقِيَامَ وَيَتَفَّرَُّ وَيَرُمِىِ القَّالِفَةَ فَلَا يَقِفُ عِنْدَهَا-(رواه ابوداؤد)
2676. Sayyidah Ayshah رضى الله عنها reported that Allah's Messenger صلى الله عليه وسلم observed
that fard(compulsory) tawaf towards the end of his day when he offered the salah
(prayer) of zuhr. Then, he returned to Mina and stayed there through the nights of
the days of tashriq (11th, 12th, 13th Dhul Hijjah). He threw pebbles at the jamrah after
the declination of the sun, casting seven at each and calling the takbir
simultaneously with each pebble. He stood long at the first and the second making
supplication humbly. And he cast pebbles at the third but did not stand next to it.1
صلى الله عليه وسلم COMMENTARY: This hadith says explicitly that the Prophet Muhammad
offered the salah (prayer) of zuhr on the 10th Dhul Hijjah in Makkah, not in Mina.
He did not stand next to jamrah aqabah, but it does not imply that he simply did not stand.
Rather, he did not stand long for supplication, but made supplication while he was in
motion from there.
SEQUENCE OF RAMI ON DAYS OF TASHRIQ
(٢٦٧٧) وَعَنُ أَبِ الْبَدَّاحِ بْنِ عَاصِمِ بْنِ عَدِيٍّ عَنْ آَيْءٍ قَالَ رَخَّصَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِرِعَاءٍ
الْإِبِلِ الْبَيْتُوْتَةِ أَنْ يَرُمُوْا يَوْمَ النَّحْرِ ثُمَّ مَجْمَهُوْا رَفْىَ يَوْمَيْنٍ بَعْدَ يَوْمِ النَّحْرِ فَيَرْمُؤُهُ فِىْ أَحَدِهِمَا- رَوَاءُ
مَالِكْ وَالتِّزْ مِذِىُّ وَالنََّائِىُّ وَقَالَ التِّزْمِذِىُّ هَذَا حَدِيْثُ ضَحِيْهُ۔
2677. Sayyiduna Abul Badah ibn Aasim ibn Adi ala, reported on he authority of
his father that Allah's Messenger صلى الله عليه وسلم gave permission to the hardsmen of the
camels to skip the night of Mina and to cast pebbles on the day of sacrifice.
Thereafter, they cold make the casting (of pebbles of two days together after the day
of sacrifice and cast on any of these days.2
COMMENTARY: Teebi رحمه الله said that the Prophet Muhammad صلى الله عليه وسلم had permitted
the shepherds not to stay the nights in Mina during the days of tashriq to be able to tend to
their animals.
They were to cast pebbles on the jamrah aqabah on the tenth, skip the eleventh and cast
pebbles on twelfth for two days together.
The ulama (Scholars) say that the casting of the eleventh cannot be advanced and of the
twelfth cannot be made on the eleventh. But, it can be put off twelfth.
1 Abu Dawud # 1973, Daraqutni # 179 (Muwaqit) Musnad Ahmad 6-90.
2 Abu Dawud # 1975, Tirmidhi # 956, Nasa'i # 3069, Ibn Majah # 3037, Muwatta Maalik # 218 (Hajj)
Musnad Ahmad 5-450.

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CHAPTER - XII
بَابْ مَا يَجْتَنِبُهُالْمُعْرِمُ
THAT FROM WHICH ONE WHO IS IN
IHRAM (PILGRIM-ROBE) MUST REFRAIN
We have stated earlier that with the assumption of the ihram (pilgrim-robe), certain things
become unlawful to the multrim. It is necessary for him to abstain from them. Some of them
are such that if perpetrated dumm which is to slaughter an animal, does not become wajib
(obligatory) on him. In this chapter those things are mentioned from which a muhrim must
keep away. Additionally. Such things are also stated as are permissible to him.
Some of these prohibited things when perpetrated make sadaqah (charity) wajib (obligatory)
to the extent of half a sa (which is one kilogram and 633 grams) of wheat, or one sa' (which
is three kilograms and 266 grams) of barley.
Some make a lesser amount of sadaqah (charity) wajib (obligatory).
Some call for any unspecified thing in a little quantity as wajib (obligatory) (A muhrim is one
who has assumed the ihram (pilgrim-robe).)
SECTION I
الفَضل الآول
THAT WHICH HE IS DISALLOWED TO WEAR
(٢٦٧٨) عَنْ عَبْدِ اللَّهِ بُنِ عُمَرَ آرٍّ رَجُلًا سَأَلَ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا يَلْبَسُ الْمُحْرِمُ مِنَ
الثِّابِ فَقَالَ لَا تَلْبَسُوا القُمُصَ وَلَّا الْعِمَائِمَ وَلَّا الشَّرَاوِيْلَاتٍ وَلَا الْبَرَانِسَ وَلَا الْخِفَافَ إِلَّ أَحَدْ لَا تَجِدُ
تَعْلَيْنٍ فَيَلْبَسُ خُفَّيْنٍ وَلْيُقْطَمْهُمَّا أَسْفَلَ مِنَ الْكُمْبَيْنِ وَلَا تَلْبُوْا مِنَ الثِّيَابِ شَيْئًا مَنَّهُ زَّغْفَرَاْ وَلَا
وَرُسْ- مُتَّفَقْ عَلَيْهِ وَزَادَ البُخَارِىُّ فِي رِوَايَةٍ وَلَّا تَنْتَقِبُ الْمَرْأَّةُ الْمُحْرِمَةُ وَلَّا تَلْبَسِ الْقُفَّازَيْنِ-
2678. Sayyiduna Abdullah ibn Umar us as , narrated that a man asked Allah's
Messenger صلى الله عليه وسلم, "What may a muhrim wear of the clothing?" He said, 'Do not
wear the shirt turbans, trousers, hooded cloaks, or socks but if any of you does not
have sandals then he may wear socks cutting them below the ankles. And do not
wear clothing on which saffron or wurs is applied."
According to a version of Bukhari, he also said, "A woman muhrim should not put a
veil over her face and not wear hand gloves."1
COMMENTARY: The shirt, trousers, etc. may not be worn in the normal manner, but may
be thrown over, or wrapped round, the body to cover the nakedness. This will not amount
to wearing them.
The same applies to the cap, turban or head coverings like burnus. If anything
unconventional is carried on the head then it is not wearing it. A pitcher or any vessel may
be carried on the head.
As for the socks, Imam Abu Hanifah als, means the bone at the back of the foot and Imam
Shafi'I ales, means the ankles as generally understood and which are washed in ablution.
1 Bukhari # 1542, Muslim # 1-1177, Tirmidhi # 834, Abu Dawud # 1823, Nasa'i # 2667, Ibn Majah #
2929, Darimi # 1798, Muwatta Maalik # 8 (Hajj), Musnad Ahmad 2-32.

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They must be bared.
The scholars differ on whether one who does not have sandals and puts on socks, will he
have to pay the fidyah (ransom) as wajib (obligatory)? Imam Maalik atus, and Imam Shafi'l
autos, say that nothing is wajib (obligatory) on him, but Imam Abu Hanifah ale>, says that it
is wajib (obligatory) on him to pay the fidyah just as one who is in a state of ihram (pilgrim-
robe) is compelled to shave his hair for some reason then he may do so and pay the fidyah.
Wurs is a kind of grass yellowish in colour. It is used for dying. Clothes dyed in saffron
wars are disallowed because these things have fragrance.
Women may not veil their faces but they may conceal their faces in such a way that the
covering does not touch their faces. The Hanafis also forbid men from covering their faces
while they are in a state of ihram (pilgrim-robe). Imam Maalik ales, and Imam Ahmad andes,
also hold the same opinion according to one version. However, Imam Shafi'I alas, holds a
different opinion.
It is disallowed to sit in a howdah if the head touches it, otherwise it is not disallowed. It is
also not allowed to stand underneath the covering of the ka'bah and a tent if the head
touches it, otherwise it is not disallowed.
(٢٦٧٩) وَعَنِ ابْنِ عَبَّاسٍ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَخْتُبُ وَهُوَ يَقُولُ إِذَا لَمُ تَجِدٍ
الْمُحْرِمُ تَعْلَيْنِ لَبِسَ خُقَّيْنٍ وَإِذَا لَمْ يَجِدْ إِزَّارًا لَبِسَ سَرَاوِيْلَ- (متفق عليه)
صلى الله عليه narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Ibn Abbas .2679
, say while he delivered a sermon, "When the muhrim does not find shoes, he may
put on socks. And when he does not find the waist wrapper, he may wear trousers."1
COMMENTARY: When a waist wrapper is not available, the pilgrim may wear trousers.
According to Imam Shafi'I am >, no fidyah will be wajib (obligatory) on him. Imam Abu
Hanifah al, said that he should tear the trousers and wrap them around, but if he wears
them in the conventional fashion then he will be liable to pay dumm which means that it is
wajib (obligatory) on him to slaughter an animal.
(٢٦٨٠) وَعَنْ يَعْلَى ابْنِ أُمْيَّةً قَالَ كُنَّا عِنْدَ النَّبِيِّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ بِالْجِعِزَّانَةِ إِذَا جَاءَهُ رَجُلْ أَغْرَائِيٌّ عَلَيْهِ
جُبَّةٌ وَهُوَ مُتَّضَّقِّةٌ بِالْخُلُوْقٍ فَقَالَ يَا رَسُولَ اللّهِ إِنِى أَخْرَهُكُ بِالْعُمْرَةِ وَهَذِهِ عَلَىَّ فَقَالَ أَمَا الْظِيْبُ الَّذِى بِك
فَاغْسِلُهُ ثَلَاثَ مَرَّاتٍ وَأَمَّا الْحُبَّةُ فَانْزِ عُهَا ثُقَّ اصْنَهُ فِى عُمُرَتِكَ كَمَا تَصُنّهُ فِي حَجِّكَ - (متفق عليه)
2680. Sayyiduna Ya'la ibn Umayyah us & +, narrated: We were with the prophet
Muhammad صلى الله عليه وسلم in ji'ranah when a villager came to him wearing an
overflowing long coat heavily perfumed with khuluq (prepared with saffron and of
Yellowish red colour). He submitted, "O Messenger of Allah, I assumed the ihram
(pilgrim-robe) of umrah while I had this coat on me." He said, "Wash off the
perfume that is on you three times and as for the shirt, take it off. Then perform
your umrah as you would perform your hajj."2
1 Bukhari # 1841, Muslim # 4-1178, Abu Dawud # 1829, Nasa'i # 2671, Ibn Majah # 2931, Darimi #
1799, Musnad Ahmad 1-215.
2 Bukhari # 1536, Muslim # 6-1180, Abu Dawed # 1819

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COMMENTARY: Men are forbidden to use saffron; and Khuluq is prepared chiefly
with saffron. So the prophet Muhammad صلى الله عليه وسلم asked him to wash it off. He said
that it should be done three times only to get rid of it absolutely, otherwise the purpose
was to remove it.
The concluding sentence means that whatever is forbidden to one who has assumed the
ihram (pilgrim-robe) of hajj is also forbidden to the pilgrim who performs umrah.
RULING: It is allowed to a muhrim to apply collyrium that is not perfumed provided it is
not done to beautify oneself. If anyone applies scented collyrium, it is makruh
(unbecoming) even if that be not for adornment.
Whatever is forbidden because of the ihram (pilgrim-robe) will make fidyah essential if
perpetrated willfully according to the unanimous verdict of the ulama (Scholars). But, if
anyone does that unintentionally then fidyah will not be wajib (obligatory) according to Imam
Shafi'T رحمه الله, Thawri رحمه الله,Ahmad رحمه اللهand Ishaq رحمه الله.On the other hands. Imam Abu
Hanifah &m», and Imam Maalik ate>, hold that, even in this case, fidyah is wajib (obligatory).
CONTRACTING MARRIAGE WHILE IN A STATE OF IHRAM (PILGRIM-ROBE)
(٢٦٨١) وَعَنْ عُثْمَاتَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَا يَنْكِحُ المُحْرِمُ وَلَّا يُنْكَُّ وَلَّا يَخْتُبُ۔
(رواه مسلم)
2681. Sayyiduna Uthman رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم said, "The
muhrim should not marry and should not give someone on marriage (as a guardian
or attorney). He also should not undertake to marry."1
COMMENTARY: Imam Shafi'I a >, and most of the scholars hold that it is
makruh(unbecoming) tahrimi (disliked to the point of being unlawful) to marry oneself or
get someone else married. To make a betrothal is makruh(unbecoming) tanzihi
(approaching lawful but disliked). Imam Abu Hanifah al , holds that all these three
things are forbidden as makruh(unbecoming) tanzihi, citing the prophet Muhammad's
رضى الله عنه .marriage to Sayyidah Maymunah الله عليه وسلم
(٢٦٨٢) وَعَنِ ابْنِ عَبَّاسٍ أَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَزَوَّجَ هَيْهُونَةً وَهُوَ مُحْرِمٌ - (متفق عليه)
صلى الله عليه وسلم narrated that the Prophet Muhammad رضى الله عنه Sayyiduna Ibn Abbas .2682
married Sayyidah Maymunah us an +, while he was a muhrim (having assumed the
ihram (pilgrim-robe) for the redeeming umrah).2
(٢٦٨٣) وَعَنْ يَزِيْدَ بُنِ الْأَصَوّ ابْنِ أُخْتٍ مَيْهُوْنَةً عَنْ مَيْمُوْنَةً أَكَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
تَزَوَّجَهَا وَهُوَ حَلَالْ - رَوَاهُ مُسْلِمْ قَالَ الشَّيْخُ الْإِمَامُ مُحِىُّ السُّنَّةِ وَالْأَكْثَرُوُجْ عَلَى أَنَّهُ تَزَوَجَّهَا حَلَالًا
وَظَهَرَ آَمْرُ تَزْوِجِهَا وَهُو ◌ُحُرِمْ ثُقَ بلی پِهَا وَهُوَ حَلَالْ پِسَرِقَ فِي طَرِئُقٍ مَگَّئُ۔
2683. Sayyiduna Yazid ibn al-Asamm alas, the nephew of Sayyidah Maymunah, +)
1 Muslim # 42-2409, Abu Dawud # 1841, Tirmidhi # 841, Nasa'i # 2844, Ibn Majah # 1966, Darimi #
2198, Muwatta Maalik # 70 (Hajj) Musnad Ahmad 1-67.
2 Bukhari # 1837, Muslim # 46-1410, Abu Dawud # 1844, Tirmidhi # 843, Nasa'i # 2840, Ibn Majah #
1965, Darimi # 1822, Musnad Ahmad 1-266.

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uc & said on the authority of Sayyidah Maymunah us a >, that when Allah's
Messenger صلى الله عليه وسلم married her, he was not muhrim.1
Shaykh Imam Muhyi us-sunnah(Practice of Holy Prophet Muhammad (, ,le ano)
asserted that most ulama (Scholars) (apart from Abu Hanifah) As a +, believe that
he married her when he was not a muhrim, but he disclosed the fact of his marriage
with her while he was a muhrim. Later, he consummated his marriage with her
while he was out of the sacred state (of the ihram (pilgrim-robe)) at Sarif which lies
on the route to Makkah.
COMMENTARY: As stated earlier (harith # 2532) Sarif is a place about six miles from
Makkah and about three miles to the north of Tan'im. We stated the strange coincidence a
Sarif where Sayyidah Mymunah an +, was married, her marriage was consummated anc
she died too. All three things transpired here.
The two consecutive hadith here contradict one another. The Hanafis go by the hadith of
Ibn Abbas us a +, who was more knowledgeable and had more retentive memory thar
Yazid رحمه الله. Also he was more sagacious. Besides, Ibn Abbas رضى الله عنه hadith is carried by
both Bukhari and Muslim, but Yazid's by only Muslim.
As for the hadith (# 2681) of Sayyiduna Uthman As an >, that a muhrim should not marry
the Hanafis say that it does not prescribe marriage outright. It only means to point out that
it is not reasonable to marry while one is engaged in a form of worship. As we stated there
against it is makruh(unbecoming) tanzihi.
The Shafi'is explain that the prophet Muhammad صلى الله عليه وسلم declared his marriage to her
when he was a muhrim and that ibn Abbas ws an>, had not known of it till then, so he
presumed that the Prophet Muhammad (,,le ao had married while he was a muhrim
This explanation by the Shafi'is is at best a mere formality.
HAIR MAY BE WASHED
(٢٦٨٤) وَعَنْ أَبِى أَيُّوْبَ أَتَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَاتَ يَخْسِلُ رَأْسَهُ وَهُوَ مُحْرِمٌ - (متفق عليه)
صلى الله عليه وسلم said that the Prophet Muhammad رضى الله عنه Sayyiduna Abu Ayyub .2684
used to wash his head while he was a muhrim.2
COMMENTARY: While it is allowed to wash the head, the muhrim must be careful not to
break any hair. If he uses marshmallows then according to Imam Abu Hanifah als, and
Imam Maalik a >, dumm would be wajib (obligatory) on him and he would have to
slaughter an animal. The reason is Khatmi (or marsh mellows) is scented and it also kills
lice. However, soap that is not perfumed to lotus leaves or such other things may be used
for washing head and they do not make anything wajib (obligatory) as compensation.
ALLOWED TO CUP ONESELF
(٢٦٨٥) وَعَنِ ابْنِ عَبَّاسٍ قَالَ احْتَجَمَ النَّبِىُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ مُحُرِمٌ - (متفق عليه)
2685. Sayyiduna Ibn Abbas رضى الله عنه said that the Prophet Muhammad صلى الله عليه وسلم had
1 Muslim # 48-1411, Abu Dawud # 1843, Tirmidhi # 846, Ibn Majah # 1964, Musnad Ahmad 6-335.
2 Bukhari # 1840, Muslim # 91-1205, Abu Dawud # 1840, Nasa'i # 2665, Ibn Majah # 2934, Musnac
Ahmad 5-418.

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himself cupped whle he was a muhrim.1
COMMENTARY: Most scholars say that in a state of iltram (pilgrim-robe), cupping is
permitted provided on hair breaks.
ABOUT COLLYRIUM
(٢٦٨٦) وَعَنْ عُثْمَاتَ حَدَّثَ عَنْ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي الرَّجُلِ إِذَا اشْتَكُ عَيْنَيْهِ وَهُوَ مُحْرِهْ
ضَمَّدَهُمَا بِالقَبِرِ - (رواه مسلم)
صلى الله عليه وسلم narrated a hadith of Allah's Messenger رضى الله عنه Sayyiduna Uthman .2686
about a muhrim who has a complaint in his eyes - or his eyesight becomes weak -
then he may bandage aloes to his eyes.2
COMMENTARY: While this translation of bandage for ( a) is from Taj ul Masadir, some
ulama (Scholars) say that it means to apply inside the eyes so like collyrium, aloes is applied
inside. Teebi ala>, said that it is to bandage a wound. It is also to apply medicine to a wound.
As stated earlier, collyrium may be applied if it is not scented and if it is not used to adorn
oneself otherwise it is makruh(unbecoming).
If collyrium is lightly scanted then only sadaqah (charity) (charity) will be wajib (obligatory). If it
is heavily scented then dumm will become wajib (obligatory) and an animal should be sacrificed.
If a muhrim bandages any of his limbs apart from his head and face then though nothing is wajib
(obligatory) on him, yet it is makruh(unbecoming). If he covers his head or face to the extend of
one fourth or more with cloth or any thing then dumm will be due from him. If he covers less
then one-fourth of it. Then only sadaqah (charity) (charity) will be wajib (obligatory).
PUTTING SHADE OVER HEAD
(٢٦٨٧) وَعَنْ أُمِّ الْحُقَيْنِ قَالَتْ رَأَيْتُ أُسَامَةً وَبِلَأَّا وَأَحَدُهُمَا أَخِذُ خِطَامِ نَاقَةٍ رَسُولِ اللَّهِ صَلَى اللّهُ عَلَيْهِ
وَسَلَّمَ وَالْآخَرُ رَافِعْ ثَوْبَهِ يَسْتُرُهُ مِنَ الْحُرِّ حَتَّى رَفى جَمْرَةَ الْعِقَبَةِ - (رواه مسلم)
2687. Sayyidah Umm al-Husayn narrated that she saw Sayyiduna Usamah As an(+)
and Sayyiduna Bilal san+). One of them held the helter of the she-camel of Allah's
Messenger صلى الله عليه وسلم and the other covered him with his garment raised high from
the heat, till he had cast pebbles at the jamrah al-aqabah.3
COMMENTARY: Sayyiduna Usamah usa», had raised the cloth fairly high so that it did
not touch the prophet Muhammad's صلى اللهعليه وسلم head.
Most ulama (Scholars) abide by this hadith and say that as long as the cloth does not touch
the muhrim's head, he is allowed to shelter himself with it. But Imam Maalik and; and
Imam Ahmad say that it is makruh(unbecoming) to do so.
MAKING UP FOR SHAVING HEAD
(٢٦٨٨) وَعَنُّ كَعُبٍ بُنِ عُبْرَةَ أَكَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَرَّبِهِ وَهُوَ بِالْحُدَيْبِيَّةِ قَبْلَ آَنْ يَدُخُلَ مَكَّهً
1 Bukhari # 1835, Muslim # 87-1202, Abu Dawud # 1835, Tirmidhi # 840, Nasa'i # 2845, Ibn Majah #
3081, Darimi # 1819, Musnad Ahmad 1-215.
2 Muslim # 840, Nasa'i # 2845, Ibn Majah # 3081, Darimi # 1819, Musnad Ahmad 1-215.
3 Muslim # 312-1298, Abu Dawud # 1834, Nasa'i # 3060.

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وَهُوَ مُحْرِمْ وَهُوَ يُؤْقِدُ تَحْتَ قِدْرٍ وَالْقَمْلُ تَتَهَافَتُ عَلَى وَجْهِهِ فَقَالَ آَتُؤَذِيُكَ هَوَاتُكَ قَالَ نَعَمْ قَالَ فَاحْلِقُ
رَأْسَكَ وَاطْحِمْ فَرْقًّا بَيْنَ سِتَّةٍ مَسَاكِيْنَ وَالْفَرُقُ ثَلَاثَةُ اصْعٍ أَوْصُمْ ثَلاثَةَ آَيَّامٍ أَوِانْسُتْ نَسِيْكَةً - (متفق عليه)
صلى الله narrated that the Prophet Muhammad رضى الله عنه Sayyiduna Ka'b ibn Ujrah .2688
jule passed by him at Hudaybiyah while he was a Muhrim before he could enter
Makkah. Ka'b was kindling a fire under a vessel. Lice dropped on his face
profusely. The Prophet Muhammad صلى الله عليه وسلم asked him, "Do your insects irk
you?" He submitted, "Yes!" So, he said, "Shave your head and feed a faraq to six
needy people. A faraq is three sa's Or, fast three days, or sacrifice an animal that is
eligible to slaughter."1
COMMENTARY: Sayyiduna Ka'b ibn Ujrah us an so, was a glorious ansar sahabi. He was
present at Hudaybiyah when the peace treaty was worked out. The story of his Islam is
very interesting and lesson. Bearing.
He had an idol that he worshiped. Ubadah ibn Samit us an+, was his friend. One day he
came to Ka'b who had worshipped the idol and departed from his house. Ubadahan+,
took the opportunity, went in and smashed t he idol. When Ka'b returned home, he saw his
idol in pieces and learnt that Ubadah usd+), but checked himself and wondered why the
idol had not defended itself. It had no power to do it. That brought a change in him and the
darkness of idolatry gave way to light of faith in his heart and mind. He embraced Islam.
Truly, when Allah guides anyone, He enables him to receive guidance.
This hadith allows anyone afflicted to shave his head and make an atonement. It is a
commentary of the verse:
فَمَنْ كَاتَ مِنْكُمْ مَرِيْضًا أَوْبٍ أَذَّقِنْ رَّاسِهِ فَفِدْيَةٌ مِنْ صِيَّامٍ آوْصَدَقَةٍ آؤُنُسُكٍ
{If any of you is ill or has an ailment of the head, he shall effect a redemption by
fasting, or by giving alms, or by any other act of worship} (2:196)
SECTION II
الفضلُ الثَّانِی
WHAT IS FORBIDDEN TO WOMEN WHO ARE IN IHRAM (PILGRIM-ROBE)
(٢٦٨٩) وَعَنِ ابْنِ عُمَرَ أَنَّهُ سَمِعَ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَنْفِى النِّسَاءِ فِ إِحْرَامِهِنَّ عَنِ الُفَّازَيْنِ
وَالِنْقَابٍ وَمَامَسَ الْوَرْسُ وَالزَّعْفَرَاكُ مِنَ الثَّابٍ وَلِتَلْبَسُ بَعْدَ ذَلِكَ مَا أَحَبَّتُ مِنْ أَلْوَابِ الِّابِ
مُعْضُّفٍَ أَوْخَزٍ آوْ حُلِيٍ آَوْسَرَاوِئْلَ آَوْ قَمِيُصٍ آوْخُقٍ-(رواهابوداؤد)
رضى الله عنه narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .2689
forbid women to wear hand gloves, veils (that touch their faces) or any garment to
which wars or saffron is applied when they are in the sacred state (having assumed
the ihram (pilgrim-robe)). After that, they may wear whatever garments they like
dyed yellow, silk jwellery, trousers, shirts or socks.2
COMMENTARY: The words in the hadith ( <33 Ju) (after that) are interpreted by shaykh
1 Bukhari # 1814, Muslim # 83-1201, Tirmidhi # 954, Muwatta Maalik # 238 (Hajj), Musnad Ahmad 1-
241.
2 Abu Dawud 1827.

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$
Abdul Haq Muhaddith Dahlawi ales, to mean 'after relinquishing the ihram (pilgrim-robe).
But, Mulla Ali Qari al 44>, had interpreted them to mean 'after these named things.' It is
'apart from those things that are forbidden in the hadith' and she may wear whatever other
kind of clothing.
Mulla Ali Qari ales, also wrote that (after interpreting (sau) in this manner) the hadith
apparently says that while it is disallowed t o wear garment dyed in saffron when the
pilgrim is in the state of ihram (pilgrim-robe), yet it is not disallowed to wear clothing dyed
with sunflower, However, the Hanafis hold that dyed garments are disallowed to a pilgrim
when he has assumed the ihram (pilgrim-robe). It is stated in books of high that if a muhrim
wears clothing dyed in saffron or sunflower for one day then dumm will become wajib
(obligatory) on him, for less than one day then sadaqah (charity) will become due.
Hence it is better to interpret ((3 4) as Shaykh Abdul Haq als, has interpret ed. Or, we
may say that the hadith speaks of clothing dyed with the sunflower that has been washed
and its fragrance is gone.
Teebi alas, said that jewellery is mentioned symbolically.
HOW TO DRAW THE VEIL IN IHRAM (PILGRIM-ROBE)
(٢٦٩٠) وَعَنْ عَائِشَةً قَالَتُ كَانَ الرُّكْبَابُ يَمُرُّونَ بِنَا وَتَحْنُ مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
مُحْرِمَاتْ فَإِذَا حَاذُوْا بِنَا سَدَلَتْ بِنَا إِحْدَانَا جِلْبَابَهَا مِنْ رَأْسِهَا عَلَى وَجْهِهَا فَإِذَا جَاوَزُوْنَا گَشَفْنَاءُ رَوَاءُ
أَبُوُدَاوُدَ وَلِابْنِ مَاجََ مَعْنَاهُ.
صلى الله عليه said that they were with Allah's Messenger رضى الله عنها Sayyidah Ayshah .2690
du in a state of ihram (pilgrim-robe) (so their faces were uncovered). Riders would
pass t hem. When they came near to them each of them would drop her covering
sheet from her head over her face (such that it did not touch the face). When they
were gone, they uncovered their faces.1
PERFUMED OIL DISALLOWED IN IHRAM (PILGRIM-ROBE)
(٢٦٩١) وَعَنِ ابْنِ عُمَّرَ أَكَّ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَانَ يَدَّهِنُ بِالزَّيْتِ وَهُوَ مُحْرِمْ غَيْرُ المُقَنَّتِ
يَعْنِى غَيْرَ المُطَيَّبٍ- (رواه الترمذى)
2691. Sayyiduna Ibn Umar us à >, narrated that even as a muhrim the prophet
Muhammad صلى الله عليه وسلم used to apply to himself olive oil that was not perfumed.2
COMMENTARY: The word (ca) (muqattat) is oil that is cooked after sweet-smelling
flowers are immersed in it. Or a scanted oil is mixed with this oil.
It is makruh(unbecoming) to use scanted oil when one is in a state of the ihram (pilgrim-
robe). If a mahrim applied perfumed oil of any kind on allot one of his limbs, or on many or
all of his limbs, then, according to the Hanafis, he will have to alone with a dumm,
meaning that it is wajib (obligatory) to slaughter an animal. In fact, Imam Abu Hanifah &m+,
holds that if olive oil or sesame oil is applied in large quantity then, even if there is no
1 Abu Dawud # 1833, Ibn Majah # 2935, Musnad Ahmad 6-30, (Ibn Majah is similar)
2 Tirmidhi # 964, Ibn Majah # 3083, Musnad Ahmad 2-145.
.

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perfume, dumm will be wajib (obligatory) but his two companions Imam Abu Yusuf alde,
and Imam Muhammad als>, hold that sadaqah (charity) is wajib (obligatory). However, this
difference of opinion is only when both oils are un perfumed and not cooked with frequent
flowers. If that is so (and they are perfumed) then the unanimous ruling is that dumm is
wajib (obligatory) and there is no differing opinion. Besides, the foregoing difference of
opinion is when the oil is applied in large quantity. If a small quantity is applied then they
all agree that only sadaqah (charity) is wajib (obligatory)
Moreover, dumm or sadaqah (charity) will be wajib (obligatory) on using these oils if they
are used only for fragrance. But, if they are used as medicine then the unanimous decision
is that nothing will be wajib (obligatory).
The question of musk and other perfume is different from this issue. If they are used
then dumm will be wajib (obligatory) in any case whether used as perfume for fragrance
or as medicine.
SECTION III
THAWING STITCHED GARMENTS OVER A MUHRIM
الفَصلُ الثَّالِثُ
(٢٦٩٢) وَعَنُّ نَافِعٍ آَّ ابْنَ عُمَرَ وَجَدَ الْقَرَّ فَقَالَ أَلُقٍ عَلَىَّ ثَوْبًّا يَا نَافِعُ فَأَلْقَيْتُ عَلَيْهِ بُرُنُسَّا فَقَالَ تُلْقِي عَلَىّ
هذَا وَقَدْ تَى رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ آَمْ يَّلْبَسَهُ الْمُحْرِمُ- (رواه ابوداؤد)
2692. Sayyiduna Nafi' at , narrated that (when he was in a state of ihram
(pilgrim-robe)) Sayyiduna Ibn Umar us at +, felt cold that and said, "Throw over
me a garment, O Nafi." He threw over him a hooded cloak, but he protested, "Do
you throw this over me when Allah's Messenger صلى الله عليه وسلم has forbidden the
muhrim to wear this?"1
COMMENTARY: The Hanafis say that it is disallowed to wear stitched garments when one
is in the state of ihram (pilgrim-robe), but he may throw them over himself in an
unconventional manner for instance as a blanket is thrown. This has been explained earlier.
Perhaps Ibn Umar que a +, abstained from using stitched garments in any manner or Nafi
may have covered his head too.
THE PROPHET MUHAMMAD صلى الله عليه وسلم HAD HIMSELF CUPPED
(٢٦٩٣) وَعَنْ عَبْدِ اللَّهِ ابْنِ مَالِكٍ ابْنِ بُجَيْنَةً قَالَ احْتَجَمَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ مُحْرِهْ پِلَتْي
جَمَلٍ مِنْ طَرِ ئِقٍ مَگَّةً فِى وَسَطِ رَأْسِه- (متفق عليه)
2693. Sayyiduna Abdullah ibn Maalik (End) Ibn Buhaynal sal+, said that Allah's
Messenger صلى الله عليه وسلم had himself cupped at lahy Jamal (a place) on the road to
Makkah in the middle of his head. At that time, he was a muhrim.2
COMMENTARY: Abdullah's father was Maalik and mother was Buhaynah. He was known
as Ibn Maalik as well as ion Buhaynah.
There must have been a reason for the Prophet Muhammad صلى الله عليه وسلم to have had
himself cupped in the middle of his head where because of that some hair would have
1 Abu Dawud # 1828.
2 Bukhari # 1836, Musilm # 88-1203, Nasa'i # 2850, Darimi # 1820, Muwatta Maalik # 47 (Hajj).
.
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broken definitely. If a mulırim has himself cupped where there is no hair then no fidyah
is wajib (obligatory).
RULING: If a multrim shaves less than one-fourth of his head, or less than one fourth break
when he undergoes cupping then sadaqah (charity) will be wajib (obligatory) on him. This
means that by way of atonement, he should either feed a hungry needy person to a full
stomach, or give him half sa' of wheat.
If a mulirim shaves hair on head, more than one-fourth of it, without a reason, or has
himself cupped without reason and more than one fourth hair of his head break then
dumm is wajib (obligatory). He will have to sacrifice a goat or something like it. But, if he
does one of these things for a reason, then he may do one of three things:
(i)
Slaughter a goat,
(ii)
Give to six needy people three sa' wheat at the rate on half sa' each.
(iii)
Fast three days on consecutive days or of different days with break.
If a muhrim decides to have himself cupped (in the head) and for that reason, shaves hair
from that place then according to Imam Abu Hanifah &m dos), dumm will became wajib
(obligatory) on him. But his two companions rule that sadaqah (charity) will be wajib.
The place of cupping implies he two sides of the neck and nape of the neck. If he shaves the
entire neck then the unanimous verdict is that dumm will be wajib (obligatory) on him. If he
shaves lesser than the full neck then sadaqah (charity) will be wajib (obligatory).
If hair break by themselves then nothing is wajib (obligatory).
(٢٦٩٤) وَعَنْ آَنَسٍ قَالَ احْتَجَمَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ مُحْرِهْ عَلَى ظَهْرِ الْقَدَمِ مِنْ وَجَعْ
گا په۔(رواه ابو داود والنسائى)
2694. Sayyiduna Anas رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم was a muhrim
when he had himself cupped on the back of his foot because of a pain he had.1
COMMENTARY: There are no hair on the surface of the foot so there was no question of
hair breaking. Besides, he had a reason for it - pain.
PROPHET MUHAMMAD'S y,lean. MARRIAGE WITH SAYYIDAH MAYMUNAH in>)
(٢٦٩٥) وَعَنْ آَبِ رَافِعٍ قَالَ تَزَوَّجَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَيْمُوْنَةٌ وَهُوَ حَلَالْ وَبَلَى بِهَا وَهُوَ حَلَالْ
وَكُنْتُ أَنَا الرَّسُوْلَ بَيْنَهُمَا - رَوَاءُ أَحْمَدُ وَالتِّزْ مِذِىُّ وَقَالَ هُذَا حَدِيثٌ حَسَنٌ.
2695. Sayyiduna Abu Rafi رضى الله عنه narrated, "Allah's Messenger صلى الله عليه وسلم married
Sayyidah Maymunah As à +, when he was not a muhrim. And when he
consummated the marriage, he was not a muhrim.2
I was the envoy between them.
COMMENTARY: This hadith also contradicts the hadith # 2682 of Ibn Abbas As an(+). We
have spoken on this subject against hadith # 2683.
The hadith of Ibn Abbas as an , is preferred because both Bukhari and Muslim have
transmitted it while none of them carries this hadith.
1 Abu Dawud # 1837, Nasa'i # 2839.
2 Tirmidhi # 842, Darimi # 1825, Musnad Ahmad 6-333.
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CHAPTER - XIII
THAT MUHRIM MUST ABSTAIN FROM HUNTING
بَابُ الْمُحْرِمِ يَجْتَنِبُ الصَّيْدَ
The ulama (Scholars) agree unanimously that hunting as well as assisting a hunter are both
forbidden to a muhrim. Therefore, if a muhrim kills or assists in killing a hunted animal then
jaza or an atonement or recompense will become binding on him.
THE JAZA OR EXPIATION FOR HUNTING: The expiation that becomes binding on the
muhrim for hunting is the value of the animal hunted that two just and experienced men
would determine. This value will be relative to the place where the animal was killed but if
no value is known at that place then the value should be relative to the nearest place
because value of anything differs from place to place. Besides, the value will be determined
on the basis of rates prevailing at the time of hunting, because values differ at different
times. Then the muhrim will have the option to either buy an animal of that value and
sacrifice it in Haram (unlawful), or he may buy provision of that value and feed the poor -
if he buys wheat then he will give half sa' to each poor, but if he buys barley or dates then
one sa' to each poor. He must not give any poor person less than this quantity.
Alternatively, he may fast for the number of days equal to the amount of sadaqah (charity)
(half sa' wheat or one sa' barley) for each poor man, and if any portion of sadaqah (charity)
remains in this method then he may give it away as charity, or in lieu of that, too, he may fast.
It may be understood that expiation against hunting is wajib (obligatory) on the mulrim
whether he hunts deliberately or by mistake.
If a muhrim wounds an animal and it does not die, or he pulls out its hair, or breaks it limb,
then he will have to pay that amount to which extent the animal's value has decreased.
If a muhrim maims an animal or pulls out the wings of a bird because of which they cannot
defend themselves then he will have to pay the full price of the animal. If he milks it then
he will have to pay the price of the milk as wajib (obligatory). If he breaks its egg, he must
pay its price.
EATING THE GAME: Whether the muhtrim may eat the hunted animal or not is a complex
question. If he has hunted it himself or another muihrim has hunted it, then the muhrim is
forbidden to eat the game. This is an unanimous verdict of all ulama (Scholars).
If one who is not a muhrim hunts an animal for himself or for the muhrim with his
permission of without his permission, then the scholars differ on the issue; may he eat or
رضى الله عنه including Sayyiduna Ali رضى الله عنهم (not? Some of the sahabah (Prophet's companions
and same of the tabi'un ales, said that a muhrim is forbidden absolutely to eat the game.
They cite of hadith of Sayyiduna Sa'd ibn Jaththamah s &>> (# 2696). Imam Shafi'I ales,
and Imam Ahmad al-, say that if the muhrim hunts himself or anyone else does it for him
with or without his permission then it is forbidden to him to eat from it. But, if one who is
not a muhrim hunts for himself and gives some meat from it to him as a gift, then it is
lawful for him to eat from it.
Imam Abu Hanifah san+, and ' s followers say that a muhrim is permitted to eat the game
even if it is hunted for him, provided:
. he has not hunted the animal,
. he has not instructed anyone to hunt it,
1
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. he has not guided anyone to the animal,
. he has not diverted anyone's attention to it (hunting) and
. he or any other muhrim has not helped anyone to hunt it.
. The Hanafis cite the hadith of Sayyiduna Abu Qatadah a>, (# 2697)
THE GAME DEFINED: The animal that a muhrim is forbidden to hunt is to kill a wild
animal. The wild animals are those that are born and bred in dry lands or in deserts or
wilderness, though they may reside in water, like wild ducks, etc. Also, a game is a wild
animal by birth or nature though it may have been domesticated, like deer which becomes
familiar with anyone who domesticates it but is by nature wild. So it is called a game.
wherever it lives, in the wild or with human beings. If it is hunted an expiation becomes
wajib (obligatory).
If an animal is not wild then it is allowed to kill it even if one is in a state of ihram (pilgrim-
robe). Thus a muhrim is allowed to slaughter a goat, sheep, ram, cow, camel and
domesticated duck.
The jurists have classified the pigeon as a wild bird by nature, so an expiation will become
wajib (obligatory) if it is hunted.
As for sea animals, both the muhrim and non-muhrim are allowed to hunt them in the light
of the verse:
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ
(al-Mai'dah 5:96)
These animal may be those that are eaten and those that are not consumed.
The wild animals that are eaten may not be hunted. It is forbidden hunt them and there is
unanimity on this issue. As for those that are not eaten, the author of Bidai has classified
them into two classes:
(1) Those that are ferocious and cause damages and often do that unprovoked and take the
initiative in hurting, like the lion, cheetah, half etc. So, the muhrim is permitted to kill them.
No penalty or expiation will be wajib (obligatory) on him.
(2) Those that do not take the initiative in hurting anyone, like hawk or falcon, etc. If they
begin to attack the muhrim, then he may kill them and no expiation will be wajib (obligatory)
on him. But, if they do not attack then it is not permitted to the muhrim to kill them
unprovoked. It he takes the initiative then an expiation will be wajib (obligatory) on him.
SECTION I
اَلْفَضْلُ الْأَوَّلُ
PROPHET MUHAMMADLà. ABSTAINED FROM HUNTING WHEN HE WAS
A MUHRIM
(٢٦٩٦) عَنِ الشَّعْبِ بُنِ جُقَامَةً أَنَّهُ أَهْذِى لِرَسُوْلِ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حِمَارًا وَحْشِيًّا وَهُوَ بِالْأَبْوَاءِ
أَوْ بِوَدَّانٍ فَرَدَّ عَلَيْهِ فَلَمَّا رَأَى مَا فِيْ وَجْهِهٍ قَالَ إِنَّا لَمْ نَرُدَّه عَلَيْكَ إِلَّ أَنَّا حُرُمٌ - (متفق عليه)
2696. Sayyiduna As-Sab ibn Jaththamah narrated that he presented to Allah's
Messenger صلى الله عليه وسلم wild ass when he was at al-Abwa or Waddan (which are
between Makkah and Madinah). But, he returned it to him. When he observed the
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have assumed the ihram (pilgrim-robe)."1
COMMENTARY: On the face of it, this hadith is evidence for those people who contend
that a muhrim is forbidden to eat the flesh of game outright, However, the contention of the
,رضى الله عنه Abu Hurayrah,رضى الله عنه hanafis is based on the opinion of Sayyiduna(s) Umar
Talhah ibn Ubauydullah رضى الله عنه and Sayyidah Ayshsh رضى اله عنه. Hence, they in terpret this
hadith that since a live game of wild ass was present ed to the Prophet Muhammad a.
and it is not proper for a muhrim to accept a game, so the Prophet Muhammad la.
, turned down the offer. However, there is another doubt created; it is stated explicitly in
one version that meat of wildass was presented. Another version says that the leg piece of
the wild ass was presented, yet another version says that a piece of the animal was sent.
These versions make clear that a live wild ass was not presented. So, perhaps this hadith,
too, under discussion, says that some meat of the wild ass was presented? The plausible
explanation is that first live wild ass may have been presented which he did not accept.
Then some piece of meat of another wild ass was presented and this has described in
another version as piece of leg.
A stronger evidence of the Hanafis is that the Prophet Muhammad صلى الله عليه وسلم was
presented the wild ass then he was at Arj (ce) having assumed the ihram (pilgrim-robe). So,
he instructed Sayyiduna Abu Bakr wan+, to distribute it among the companions.
صلى الله عليه وسلم The Shafi'is say about the hadith under discussion that the prophet Muhammad
may have returned the wild ass because he presumed that it was hunt ed for him specifically.
HADITH ON WHICH THE HANAFIS RELY
(٢٦٩٧) وَعَنْ أَبٍ قَتَادَةً أَنَّهُ خَرَجَ مَعَ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَتَخَلَّفَ مَعَّ بَعْضٍ أَصْحَابِهٍ وَهُمُ
مُحْرِمُوْنَ وَهُوَ غَيْرُ مُحْرِمٍ فَرَأَوا حِمَارًا وَحْشِيًّا قَبْلَ آَنْ يَّرَاهُ فَلَتَّا رَأَوْهُ تَرَكُوْهُ حَتَّى رَاهُ أَبُوفَتَادَةً فَرَكِبٌ
فَرَسَّالَهُ فَسَأَلُهُمْ أَنْ يُنَاوِلُوْهُ سَوْطَةٍ فَأَبُوْا فَتَنَاوَلَهُ فُحَمَلَ عَلَيْهِ فَعَقَّرَهُ ثُمَّ اكُلَ فَاكَلُوْا فَنَدِمُوْا فَلَمَّا آدْرَكُوْا
رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ سَأَلُوْهُ قَالَ هَلْ مَعَكُمْ مِنْهُ شَىْءٍ قَالُوا مَعَنَارِ جُلُّهُ فَأَخَذَهَا النَّبِىُّ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ فَاكَلَّهَا - مُتَّفَقْ عَلَيْهِ وَفِيْ رِوَايَةٍ لَهُمَا قَلَمَّا أَتَوْا رَسُوْلَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ آَمِنْكُمْ أَحَدْ
آمَرَةَ أَنْ يَجْمِلَ عَلَيْهَا أَوْ آَشَارَ إِلَيْهَا قَالُوا لَا قَالَ فَكُلُوا مَا بَقِىَ مِنْ لَحُمِهَا.
2697. Sayyiduna Abu Qatadah us & >, narrated that he set out with Allah's
Messenger صلى الله عليه وسلم but he lagged behind with some of his companions who had
assumed the ihram (pilgrim-robe) for umrah but he had not. They saw a wild ass (on
their way at some place)but he did not see it. They saw it but left it alone (and did
not bother about it). Finally, Abu Qatadah us al +, also saw it. He mounted a horse
of his and asked them to let him have his whip, but they declined (lest they be
deemed to have aided him in the hunt). He (alighted and) took it himself, chased
the wild ass and killed it. Then he (prepared its meat and) they ate it, but they
repent ed (presuming that a muhrim was disallowed to eat it).
1 Bukhari # 1825, Muslim # 50-1193, Tirmidhi # 850, Nasa'i # 2819, Ibn Majah # 3090, Darimi # 1830,
Muwatta Maalik # 83 (Hajj), Musnad Ahmad 4-37.
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So, when they joined Allah's Messenger صلى الله عليه وسلم, they asked him about it, He
required, "Do you have anything of that with you?" They said, "We have with us its
leg." The Prophet Muhammad صلى الله عليه وسلم took it, (had it prepared) and ate it.
According to another version: When they joined Allah's Messenger صلى الله عليه وسلم (and
put their question to him), he asked them, "Did any of you instruct him to hunt it or
point it out to him?" They said "No!" He said, 'Eat what remains of it."1
COMMENTARY: Accordingly to another tradition, the Prophet Muhammad صلى الله عليه وسلم did
not eat from the game. Perhaps, he may have presumed that a muhrim had a part in the
hunting and may have abetted in some way, like suggesting, pointing out or helping. So, he
did not eat, when he learnt that no mulirim was involved in the hunting, he ate some of it.
A muhrim is disallowed to point out the animal verbally or in gestures or signs both within
the Haram and outside it. A non Muhrim is disallowed within the Haram, not outside.
A muhrim is permitted to consume flesh of a game provided he is not involved in hunting
in anyway whatsoever - by actual hunting, commanding or suggesting to hunt, indicating
verbally, allegorically or in gestures, or helping.
This hadith upholds the contention of the Hanafis. It rejects the opinion of those who hold
that a muhrim may not eat anything of the game.
ANIMALS THAT MAY BE KILLED BY THE MUHRIM & IN THE HARAM
(٢٦٩٨) وَعَنِ ابْنِ مُمَرَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ خَمُسْ لَا جُنَاءَ عَلَى مَنْ قَتَلَّهُنَّ فِي الْحُرّمِ
وَالْإِحْرَامِ الْفَارَةُ وَالْغُرَابُ وَالْحِدَاةُ وَالْعَقْرَبُ وَالْكَلْبُ الْعَقُوُرُ - (متفق عليه)
صلى الله عليه وسلم narrated that the Prophet Muhammad رضى الله عنه Sayyiduna Ibn Umar .2698
said, "No sin is attached to killing five creatures in the Haram and in the state of ihram
(pilgrim-robe). They are: the rat, the crow, the kite, the scorpion and the biting dog."2
COMMENTARY: The crow is (wayitlt) or the one that subsists on carrion and impurity.
This is elucidated in the next hadith. It is not allowed to kill the crow that eats from the
fields. It is jet black but its beak and claws are red.
The biting dog includes all animals t hat attack.
(٢٦٩٩) وَعَنْ عَائِشَةً عَنِ النَّبِيَ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ خَمْسْ فَوَاسِقُ يُقْتَلُنَ فِي الْحِلّ وَالُخْرَمِ الْحِيَّةٌ
وَالْغُرَابُ الْأَبْقَّهُ وَالفَارَةُ وَالْكَلْبُ الْعَقُوْرُ وَالْحُدَيَّا - (متفق عليه)
2699. Sayyiduna Ayshah رضى الله عنها said that the Prophet Muhammad صلى الله عليه وسلم said,
"Five creatures there are that may be killed in the hill (outside the sacred area) and
the Haram (within the sacred area): the snake, the pied crow (cay,di), the rat, the
biting dog and the kite."
COMMENTARY: It is forbidden to kill the dog that may be beneficial and also that causes
no damage even though it is not beneficial.
The creatures that may be killed are not the only ones mentioned in these two hadith.
1 Bukhari # 1824, Muslim # 56-1196, Abu Dawud # 1852, Tirmidhi # 848, Nasa'i # 2816, Ibn Majah #
3092,Muwatta Maalik # 76 (Hajj).
2 Bukhari # 3315, Muslim # 72-1199, Abu Dawud # 1846, Nasa'i # 2828, Ibn Majah # 3088, Muwatta
Maalik # 89 (Hajj), Musnad Ahmad 2-8.