كتاب الحجHajj

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim

from his father from Asma bint Umays that she gave birth to Muhammad

ibn Abi Bakr at al-Bayda. Abu Bakr mentioned this to the Messenger of

Allah, may Allah bless him and grant him peace, and he said, "Tell her

to do ghusl and then enter ihram."

Yahya related to me from Malik from Yahya ibn Said from Said ibn

al-Musayyab that Asma bint Umays gave birth to Muhammad ibn Abi Bakr

at Dhu'l-Hulayfa and Abu Bakr told her to do ghusl and then enter

ihram.

Yahya related to me from Malik from Nafi' that 'Abdullah ibn Umar

used to do ghusl for ihram before he entered ihram, and for entering

Makka, and for standing on the afternoon of 'Arafa.

Yahya related to me from Malik from Zayd ibn Aslam from Ibrahim

ibn Abdullah ibn Hunayn from his father Abdullah ibn Hunayn that

Abdullah ibn Abbas and al-Miswar ibn Makhrama once had a disagreement

at al-Abwa. Abdullah said that some one in ihram could wash his head,

and al Miswar ibn Makhrama maintained that some one in ihram could not

wash his head.

Abdullah ibn Hunayn continued, "Abdullah ibn

Abbas sent me to Abu Ayyub al-Ansari, and I found him doing ghusl

between the posts of a well, screened by a garment. I greeted him and

hesaid, 'Who is that?' I replied, 'I am 'Abdullah ibn Hunayn.

'Abdullah ibn Abbas sent me to you to ask how the Messenger of Allah,

may Allah bless him and grant him peace, used to wash his head when he

was in ihram.' "

He continued, "Abu Ayyub put his hand on the

garment and pulled it down until I could see his head. He said to the

man who was pouring out the water for him, 'Pour,' and he poured some

over his head. Then he passed his hands over his head from the front

to the back and then to the front again, and then said, 'I saw the

Messenger of Allah, may Allah bless him and grant him peace, doing it

like this.' "

Malik related to me from Humayd ibn Qays from Ata ibn Abi Rabah

that 'Umar ibn alKhattab once asked Yala ibn Munya, who was pouring

out water for him while he was having a ghusl, to pour some on his

head. Ya'la said, "Are you trying to make me responsible? I will only

pour it out if you tell me to do so." Umar ibn al-Khattab said, "Pour.

It will only make (my head) more unkempt."

Malik related to me from Nafi that Abdullah ibn Umar would spend

the night between the two trails in the valley of Dhu Tuwa when he was

approaching Makka. Then he would pray subh, and after that he would

enter Makka by the trail which is at the highest part of Makka. He

would never enter Makka, if he was coming for hajj or umra, without

doing ghusl beforehand when he was near Makka at Dhu Tuwa, and he

would tell whoever was with him to do likewise.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

would never wash his head while he was in ihram except if he had to do

ghusl because of a wet dream.

Malik said, "I have heard the

people of knowledge say that there is no harm in someone who is in

ihram rubbing his head with certain kinds of plants after he has

stoned the Jamrat al-Aqaba but before he has shaved his head, because

once he has finished stoning the Jamrat al-Aqaba it is halal for him

to kill lice, to shave his head, to clean himself of body hair, and to

wear normal clothes."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that a man once asked the Messenger of Allah, may Allah bless him and

grant him peace, what clothes someone in ihram could wear, and the

Messenger of Allah, may Allah bless him and grant him peace, said, "Do

not wear shirts, turbans, trousers, burnouses, or leather socks,

except if you cannot find sandals. In that case you can wear leather

socks, but cut them off below the ankles. Do not wear any clothes that

have been touched by saffron or yellow dye."

Yahya said that

Malik was asked about the hadith attributed to the Prophet, may Allah

bless him and grant him peace, "Whoever cannot find a waist wrapper

should wear trousers," and he said, "I have never heard this, and I do

not think that some one who is in ihram can wear trousers, because

among the things which the Prophet, may Allah bless him and grant him

peace, forbade some one in ihram to wear were trousers, and he did not

make any exception for them although he did make an exception for

leather socks."

20.4 Wearing Clothes when in Ihram

Yahya related to me from Malik from 'Abdullah ibn Dinar that

Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him

and grant him peace, forbade anyone in ihram to wear a garment which

had been dyed with saffron or yellow dye, and said, 'Anyone that

cannot find sandals can wear leather socks, but he should cut them off

below the ankles.' "

Yahya related to me from Malik from Nafi that he had heard Aslam,

the mawla of Umar ibn al-Khattab, telling 'Abdullah ibn Umar that Umar

ibn al-Khattab once saw a dyed garment on Talha ibn Ubaydullah while

he was in ihram and Umar said, "What is this dyed garment, Talha?",

and Talha said, "Amir al-muminin, it is only mud.'' Umar said, "You

and your like are taken by people as imams, and if an ignorant man

were to see this garment he would say that Talha ibn Ubaydullah used

to wear a dyed robe while he was in ihram. So do not wear any form of

dyed clothes."

Yahya related to me from Malik from Hisham ibn Urwa from his

father that Asma bint Abi Bakr had worn clothes that were completely

dyed with safflower while she was in ihram, though there was not any

saffron in them.

Yahya said that Malik was asked if a garment

which had been perfumed could be used for ihram if the smell of the

perfume had gone, and he said, "Yes, as long as there is no saffron or

yellow dye in it."

Yahya related to me from Malik from Nafi that 'Abdullah ibn 'Umar

used to disapprove of anybody wearing a belt or girdle while in ihram.

Yahya related to me from Malik from Yahya ibn Sa'id that he heard

Said ibn al Musayyab say, about the girdle worn by some one in ihram

under his clothes, "There is no harm in it if he ties the ends

together as a belt."

Malik said, "This is what I like most

out of what I have heard about the matter."

Yahya related to me from Malik from Yahya ibn Said that al-Qasim

ibn Muhammad said that al-Furafisa ibn Umayr al-Hanafi saw Uthman ibn

Affan at al-Arj, and he was covering his face while in ihram.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say that a man in ihram should not veil anything above his

chin .

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

shrouded his son Waqid ibn Abdullah, who had died at al-Juhfa while in

ihram, and he veiled his head and face and said, "If we had not been

in ihram we would have perfumed him. "

Malik said, "A man can

only do things while he is alive. When he is dead, his actions stop."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say that a woman in ihram should wear neither a veil nor

gloves.

Yahya related to me from Malik from Hisham ibn Urwa that Fatima

bint al-Mundhir said, "We used to veil our faces when we were in ihram

in the company of Asma bint Abi Bakr as-Siddiq."

20.7 Wearing

Perfume during Hajj.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim

from his father that A'isha, the wife of the Prophet, may Allah bless

him and grant him peace, said, "I perfumed the Messenger of Allah, may

Allah bless him and grant him peace, for his ihram before he entered

ihram, and when he came out of ihram before he did tawaf of the

House."

Yahya related to me from Malik from Humayd ibn Qays from Ata ibn

Rabah that a bedouin came to the Messenger of Allah, may Allah bless

him and grant him peace, when he was at Hunayn, and he was wearing a

shirt with traces of yellow on it. He said, "Messenger of Allah, I

have entered ihram for umra. What should I do?" The Messenger of

Allah, may Allah bless him and grant him peace, said to him, "Take off

your shirt and wash off this yellowness and do in umra as you would do

on hajj."

Yahya related to me from Malik from Nafi from Aslam, the mawla of

Umar ibn al Khattab, that Umar ibn al-Khattab discovered the smell of

perfume while he was at ash-Shajara, and he asked, "Who is this smell

of perfume coming from?" Muawiya ibn Abi Sufyan answered, "From me,

amir al-muminin." Umar said, "From you? By the life of Allah!" Muawiya

explained, "Umm Habiba perfumed me, amir al-muminin. "'Umar then said,

"You must go back and wash it off."

Yahya related to me from Malik from as-Salt ibn Zubayd from more

than one of his family that Umar ibn al-Khattab discovered the smell

of perfume while he was at ash-Shajara. Kathir ibn as-Salt was at his

side, and Umar asked, "Who is this smell of perfume coming from?", and

Kathir said, "From me, amir al-muminin. I matted my hair with perfume

and I intended not to shave it.'' Umar said, "Go to a sharaba and rub

your head until it is clean," and Kathir did so.

Malik

explained, "A sharaba is the ditch at the base of a date-palm."

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah

ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al-

Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he

could use perfume after he had stoned the jamra and shaved his head,

but before he had left for the tawafal-ifada. Salim forbade him to do

so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik

said, "There is no harm in a man oiling himself with an oil which does

not have any perfume in it, either before he enters ihram, or before

he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram

could eat food with saffron in it, and he said, "There is no harm in

some one in ihram eating it if it has been cooked. If, however, it has

not been cooked he should not eat it."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that the Messenger of Allah, may Allah bless him and grant him peace,

said, "The people of Madina should enter ihram at Dhu'l-Hulayfa, the

people of Syria should do so at al-Juhfa, and the people of Najd

should do so at Qarn."

Abdullah ibn Umar added, "I have heard

that the Messenger of Allah, may Allah bless him and grant him peace,

said, 'The people of Yemen should enter ihram at Yalamlam.' "

Yahya related to me from Malik from Abdullah ibn Dinar that

Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him

and grant him peace, told the people of Madina to enter ihram at

Dhu'l-Hulayfa, the people of Syria to do so at al-Juhfa, and the

people of Najd to do so at Qarn.'

Abdullah ibn Umar said, "I heard these three from the Messenger

of Allah, may Allah bless him and grant him peace. I was also told

that the Messenger of Allah, may Allah bless him and grant him peace,

said, 'The people of Yemen should enter ihram at Yalamlam.' "

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

once entered ihram at al-Fur.

Yahya related to me from Malik from a reliable source that

Abdullah ibn Umar once entered ihram at Ilya (Jerusalem).

Yahya related to me from Malik that he had heard that the

Messenger of Allah, may Allah bless him and grant him peace, once

entered ihram at al-Jiirrana (near Makka) for an umra.

Yahya related to me from Malik from Abdullah ibn Umar that the

talbiya of the Messenger of Allah, may Allah bless him and grant him

peace, was, "I am at Your service, O Allah, I am at Your service. You

have no partner. I am at Your service. Praise and blessing belong to

You, and the Kingdom. You have no partner."

Labayk, Allahumma

labayk, la sharika laka labayk. Inna'l-hamda wa'n-nimata laka

wa'l-mulk, la sharika lak.

Malik said that Abdullah ibn Umar

used to add, "I am at Your service, I am at Your service. I am at Your

service and at Your call. Good is in Your hands, and I am at Your

service. Our desire is for You, and our action ."

Labayk,

labayk, labayk wa sadayka wa'l-khayr biyadayka labayk wa'r-raghba'u

ilayka wa'l-amalu.

Yahya related to me from Malik from Hisham ibn Urwa from his

father that the Messenger of Allah, may Allah bless him and grant him

peace, used to pray two rakas in the mosque at Dhu'l-Hulayfa, and

then, when he had got on to his camel and it had stood up, he would

begin doing talbiya.

Yahya related to me from Malik from Musa ibn Uqba that Salim ibn

Abdullah heard his father say, "Your claim that the Messenger of

Allah, may Allah bless him and grant him peace, entered ihram from

this desert of yours is not true, because he only entered ihram from

the mosque, i.e. the mosque of Dhu'l-Hulayfa."

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi

that Ubayd ibn Jurayj once said to Abdullah ibn Umar, "Abu Abd ar-

Rahman, I have seen you doing four things which I have never seen any

of your companions doing." He said, "What are they, Ibn Jurayj?" and

he replied, "I have seen you touching only the twoYamani corners, I

have seen you wearing hairless sandals, I have seen you using yellow

dye, and, when you were at Makka and everybody had started doing

talbiya after seeing the new moon, I saw that you did not do so until

the eighth of Dhu'l-Hijja."

Abdullah ibn Umar replied, "As

for the corners, I only ever saw the Messenger of Allah, may Allah

bless him and grant him peace, touching the two Yamani corners. As for

the sandals, I saw the Messenger of Allah, may Allah bless him and

grant him peace, wearing hairless sandals and doing wudu in them, and

I like wearing them. As for using yellow dye, I saw the Messenger of

Allah, may Allah bless him and grant him peace, using it, and I also

like to use it for dyeing things with. As for doing talbiya, I never

saw the Messenger of Allah, may Allah bless him and grant him peace,

begin doing so until he had set out on the animal he was riding on

(i.e. for Mina and Arafa)."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to pray in the mosque of Dhu'l-Hulayfa, and then go outside and

get on his camel and when his camel had stood up he would begin to do

talbiya.

Yahya related to me from Malik that he had heard that Abd al-

Malik ibn Marwan had started to do talbiya at the mosque of

Dhu'l-Hulayfa, after the animal he was riding on had stood up, and

that Aban ibn Uthman had told him to do this.

Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn

Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn al-Harith

ibn Hisham from Khallad ibn as-Sa'ib al-Ansari from his father that

the Messenger of Allah, may Allah bless him and grant him peace, said,

"Jibril came to me and told me to tell my companions, or whoever was

with me, to raise their voices when doing talbiya."

Yahya related to me from Malik that he had heard the people of

knowledge say, "Women do not have to raise their voices when they are

doing talbiya, and a woman should only speak loudly enough to hear

herself."

Malik said, "Some one who is in ihram should not

raise his voice when doing talbiya if he is in a mosque where there

are groups of people. He should only speak loudly enough for himself

and those who are near him to be able to hear, except in the Masjid

alHaram and the mosque at Mina, where he should raise his voice."

Malik said, "I have heard some of the people of knowledge

recommending (people to do) talbiya at the end of every prayer and at

every rise on the route."

Yahya related to me from Malik, from Abu'l-Aswad Muhammad ibn Abd

ar-Rahman, fromUrwa ibn az-Zubayr, that A'isha, the wife of the

Prophet, may Allah bless him and grant him peace, said, "We set out

with the Messenger of Allah, may Allah bless him and grant him peace,

in the year of the farewell hajj, and some of us went into ihram to do

umra, some of us went into ihram to do hajj and umra, and some of us

went into ihram to do hajj on its own. The Messenger of Allah, may

Allah bless him and grant him peace, went into ihram to do hajj on its

own. Those who had gone into ihram to do umra came out of ihram (after

doing umra). Those who had gone into ihram to do hajj (on its own), or

to do both hajj and umra, did not come out of ihram until the day of

the sacrifice."

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim,

from his father, from A'isha, umm al-muminin, that the Messenger of

Allah, may Allah bless him and grant him peace, did hajj on its own.

Yahya related to me from Malik, from Abu'l-Aswad Muhammad ibn

'Abd ar-Rahman, from Urwa ibn az-Zubayr, from A'isha, umm al-muminin,

that the Messenger of Allah, may Allah bless him and grant him peace,

did hajj on its own.

Yahya related to me from Malik that he had heard the people of

knowledge say, "If someone goes into ihram to do hajj on its own, he

cannot then go into ihram to do umra.''

Malik said, "This is

what I have found the people of knowledge in our city doing."

Yahya related to me from Malik, from Jafar ibn Muhammad, from his

father, that al-Miqdad ibn al-Aswad once went to see AIi ibn Abi

Talibat as-Suqya, where he was feeding some young camels of his with a

mash of meal and leaves, and he said to him, "This man Uthman ibn

Affan is telling people that they cannot do hajj and umra together."

Al-Miqdad said, "Ali ibn Abi Talib went off with bits of meal

and leaves on his forearms - and I shall never forget the sight of the

meal and the leaves on his arms - and went to see Uthman ibn Affan and

asked him, 'Are you saying then that people cannot do hajj and umra

together?' Uthman replied, 'That is my opinion.' Whereupon AIi got

angry and went out saying, 'I am at your service, O Allah, I am at

your service for a hajj and an umra together.' "

Malik said,

"Our position (here in Madina) is that someone who does hajj and umra

together should not remove any of his hair, nor should he come out of

ihram in any way until he has sacrificed an animal, if he has one. He

should come out of ihram at Mina, on the day of the sacrifice."

Yahya related to me from Malik, from Muhammad ibn Abd ar-Rahman,

from Sulayman ibn Yasar, that when the Messenger of Allah, may Allah

bless him and grant him peace, set out for hajj in the year of the

farewell hajj, some of his companions went into ihram to do hajj on

its own, some of them combined hajj and umra, and some went into ihram

to do umra on its own. Those who had gone into ihram to do hajj, or

hajj and umra together, did not come out of ihram, whils tthose who

had gone into ihram to doumra (on its own) came out of ihram.

Yahya related to me from Malik that he had heard some of the

people of knowledge say, "If someone goes into ihram to do umra and

then wants to go into ihram to do hajj as well, he can do so, as long

as he has not done tawaf of the House and s'ay between Safa and Marwa.

This is what Abdullah ibn 'Umar did when he said, 'If I am blocked

from the House we shall do what we did when we were with the Messenger

of Allah, may Allah bless him and grant him peace.' He then turned to

his companions and said, 'It is the same either way. I call you to

witness that I have decided in favour of hajj and umra together. ' "

Malik said, "The companions of the Messenger of Allah, may

Allah bless him and grant him peace, went into ihram to do umra in the

year of the farewell hajj, and the Messenger of Allah, may Allah bless

him and grant him peace, said to them, 'Anyone that has a sacrificial

animal with him should go into ihram to do hajj and umra together, and

he should not come out of ihram until he has finished both.' "

Yahya related to me from Malik that Muhammad ibn Abi Bakr ath-

Thaqafi once asked Anas ibn Malik, while the two of them were going

from Mina to Arafa, "What did you use to do on this day when you were

with the Messenger of Allah, may Allah bless him and grant him peace?"

He said, "Those of us who were saying the talbiya would continue doing

so, and no-one disapproved of it, and those of us who were saying

'Allahu akbar' would continue doing so, and no-one disapproved of that

either."

Yahya related to me from Malik, from Jafar ibn Muhammad, from his

father, that AIi ibn Abi Talib used to say the talbiya while on hajj

until after noon on the day of Arafa, when he would stop doing so.

Yahya said that Malik said, "This is what the people of

knowledge in our city are still doing."

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim,

from his father, that A'isha, the wife of the Prophet, may Allah bless

him and grant him peace, would stop saying the talbiya when she

arrived at the place of standing (i.e. Arafa) .

Yahya related to me from Malik, from Nafi, that when 'Abdullah

ibn Umar was doing hajj he would keep saying the talbiya until he

reached the Haram and did tawaf of the House and say between Safa and

Marwa. He would then say the talbiya until he left Mina to go to

Arafa, at which point he would stop doing so. If he was doing umra he

would stop saying the talbiya on entering the Haram.

Yahya related to me from Malik that Ibn Shihab used to say,

"Abdullah ibn Umar would never say the talbiya while he was doing

tawaf of the House."

Yahya related to me from Malik, from AIqama ibn Abi AIqama, from

his mother, that A'isha, umm al-muminin, used to camp on the plain of

Arafa at a place called Namira, and then later she changed to another

place called al-Arak.

She said, ''A'isha, and those who were

with her, would say the talbiya while she was at the place where they

were camping, and then, when she had mounted and set out towards the

place of standing, she would stop doing so."

She continued,

''A'isha used to do umra when she was in Makka after the hajj was

over, in the month of Dhu'l-Hijja.Then she stopped doing that, and

instead would set out before the new moon of Muharram for al-J uhfa,

where she would stay until she saw the new moon, and then, when she

had seen the new moon, she would go into ihram to do umra."

Yahya related to me from Malik, from Yahya ibn Said, that Umar

ibn Abd alAziz was once going from Mina (to Arafa) on the day of Arafa

and heard the takbir being said loudly, so he sent the guard to shout

out to the people, "O people, you should be saying the talbiya."

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim,

from his father, that Umar ibn al-Khattab said, "People of Makka, why

is it that people arrive dishevelled while you still have oil on your

hair? Go into ihram when you see the new moon."

Yahya related to me from Malik, from Hisham ibn Urwa, that

Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go

into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az-

Zubayr, who was with him, would do likewise.

Yahya said that

Malik said, "The people of Makka and whoever else is living there

besides them should go into ihram for hajj if they are in Makka, and

anyone that is living in the centre of Makka and is not one of the

people of Makka should not leave the Haram."

Yahya said that

Malik said, "Someone who goes into ihram for hajj in Makka should

delay tawaf of the House and the sa'y between Safa and Marwa until he

has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else,

should do about tawaf if they went into ihram in Makka at the

beginning of Dhu'l-Hijja, and he said, "They should delay the

obligatory tawaf, which is the one they combine with the say between

Safa and Marwa, but they can do whatever other tawaf they want to, and

they should pray two rakas every time they complete seven tawafs,

which is what the companions of the Messenger of Allah, may Allah

bless him and grant him peace, did when they had gone into ihram to do

hajj. They delayed the tawaf of the House and the sa'y between Safa

and Marwa until they had come back from Mina. Abdullah ibn Umar also

did this, going into ihram for hajj in Makka at the beginning of

Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between

Safa and Marwa until he had come back from Mina."

Malik was

asked whether one of the people of Makka could go into ihram to do

umra in the centre of Makka, and he said, "No. He should go outside

the Haram and go into ihram there."

Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn

Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi

Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless

him and grant him peace, saying, "'Abdullah ibn Abbas said that

whatever was haram for some one doing hajj was also haram for some one

who sent a sacrificial animal until the animal was sacrificed. I have

sent one, so write and tell me what you say about this, or tell the

man in charge of the animal what to do.

Amra said that A'isha

said, "It is notas Ibn Abbas has said. I once plaited the garlands for

the sacrificial animal of the Messenger of Allah, may Allah bless him

and grant him peace, with my own two hands. Then after that the

Messenger of Allah, may Allah bless him and grant him peace, himself

put the garlands on the animal and then sent it with my father. And

there was nothing that Allah had made halal forthe Messenger of Allah,

may Allah bless him and grant him peace, that was haram for him until

such time as the animal had been sacrificed."

Yahya related to me from Malik that Yahya ibn Said said, "I asked

Amra bint Abd ar-Rahman if there was anything that was haram for

someone who sent a sacrificial animal (to Makka) but did not go there

himself, and she told me that she had heard A'isha say, 'It is only

some one who goes into ihram for hajj and begins saying the talbiya

for whom things are haram.' "

Yahya related to me from Malik, from Yahya ibn Said, from

Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah

ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked

people about him and they said, "He has given directions for his

sacrificial animal to be garlanded, and it is for that reason that he

has put on ihram ."

Rabia said, "I then met Abdullah ibn az-

Zubayr and so I mentioned this to him and he said, 'By the Lord of the

Kaba, an innovation.' "

Malik was asked about some one who

set out with his own sacrificial animal and marked it and garlanded it

at Dhu'l-Hulayfa, but did not go into ihram until he had reached al-

Juhfa,and hesaid, "I do not like that, and whoever does so has not

acted properly. He should only garland his sacrificial animal, or mark

it, when he goes into ihram, unless it is someone who does not intend

to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out

with a sacrificial animal, and he said, "Yes. There is no harm in

that."

He was also asked to comment on the different views

people had about what became haram for some one who garlanded a

sacrificial animal but did not intend to do either hajj or umra, and

he said, "What we go by as far as this is concerned is what A'isha,

umm al-muminin said, 'The Messenger of Allah, may Allah bless him and

grant him peace, sent his sacrificial animal off and did not go there

himself, and there was nothing that Allah had made halal for him that

was haram for him until the animal had been sacrificed.' "

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar

used to say, "A menstruating woman who wants to go into ihram to do

either hajj or umra can do so if she so wishes, but she cannot do

tawaf of the House, nor the say between Safa and Marwa. She can

participate in all the rituals along with everybody else, except that

she cannot do tawaf of the House, nor the say between Safa and Marwa,

nor can she come near the mosque until she is pure."

in the year of Hudaybiya, in the year of al-Qadiyya, and

in the year of al-Jiirrana.

Yahya related to me from Malik from Hisham ibn Urwa, from his

father, that the Messenger of Allah, may Allah bless him and grant him

peace, only did three umras, one of them in Shawwal, and two in

Dhu'l-Qada.

Yahya related to me from Malik, from Abd ar-Rahman ibn Harmala

al-Aslami, that somebody asked Said ibn al-Musayyab, "Can I do umra

before I do hajj?", and Said said, "Yes, the Messenger of Allah, may

Allah bless him and grant him peace, did umra before doing hajj."

Yahya related to me from Malik, from Ibn Shihab, from Said ibn

al-Musayyab, that Umar ibn Abi Salama once asked Umar ibn alKhattab

for permission to do umra in Shawwal. He gave him permission, so he

did umra and then went back to his family, and he did not do hajj.

Yahya related to me from Malik, from Hisham ibn 'Urwa, that his

father would stop saying the talbiya when he entered the Haram, if he

was doing 'umra.

Malik said that someone who went into ihram

at at-Tanim should stop saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people of

Madina, or elsewhere, who had begun doing umra at one of the mawaqit,

should stop saying the talbiya, and he said, "Someone who goes into

ihram at one of the mawaqit should stop saying the talbiya when he

arrives at the Haram."

Malik added, "I have heard that

Abdullah ibn Umar used to do that."

Yahya related to me from Malik, from Ibn Shihab, that Muhammad

ibn Abdullah ibn al-Harith ibn Nawfal ibn Abd al-Muttalib told him

that he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing

tamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Only

someone who is ignorant of what Allah, the Exalted and Glorified, says

would do that." Whereupon Sad said, "How wrong is what you have just

said, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab

forbade that," and Sad said, "The Messenger of Allah, may Allah bless

him and grant him peace, did it, and we did it with him."

Yahya related to me from Malik, from Sadaqa ibn Yasar, that

Abdullah ibn Umar said, "By Allah, I would rather do umra before hajj

and sacrifice an animal than do umra after hajj in the month of

Dhu'l-Hijja."

Yahya related to me from Malik, from Abdullah ibn Dinar, that

Abdullah ibn Umar used to say, "Anyone that does umra in the months of

hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the

hajj, and then stays in Makka until the time for hajj, is doing

tamattu if he then does hajj. He must sacrifice whatever animal it is

easy for him to obtain, and if he cannot find one then he must fast

three days during hajj and seven days when he returns."

Malik

said, "This is only the case if he stays until the hajj and does hajj

in that same year."

Malik said that if someone who was from

Makka but had stopped living there and gone to live elsewhere, came

back to do umra in the months of the hajj and then stayed in Makka to

begin hajj there, he was doing tamattu, and had to offer up a

sacrificial animal, or fast if he could not find one. He was not the

same as the people of Makka.

Malik was asked whether someone

who was not from Makka and entered Makka to do umra in the months of

hajj with the intention of staying on to begin his hajj there was

doing tamattu or not, and he said, "Yes, he is doing tamattu, and he

is not the same as the people of Makka, even if he has the intention

of staying there. This is because he has entered Makka, and is not one

of its people, and making a sacrifice or fasting is incumbent on

anyone who is not from Makka, and, although he intends to stay, he

does not know what possibilities might arise later. He is not one of

the people of Makka."

Yahya related to me from Malik that Yahya ibn Said used to hear

Said 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 time

for the hajj, is doing tamattu if he then does hajj. He must sacrifice

whatever animal it is easy for him to obtain, and if he cannot find

one then he must fast three days during hajj and seven days when he

returns."

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or

Dhu'l-Hijja and then goes back to his people, and then returns and

does hajj in that same year does not have to sacrifice an animal.

Sacrificing an animal is only incumbent on some one who does umra in

the months of hajj, and then stays in Makka and then does hajj. A

person not from Makka who moves to Makka and establishes his home

there and does umra in the months of the hajj and then begins his hajj

there is not doing tamattu. He does not have to sacrifice an animal

nor does he have to fast. He is in the same position as the people of

Makka if he is one of those who are living there."

Malik was

asked whether a man from Makka who had gone to live in another town or

had been on a journey and then returned to Makka with the intention of

staying there, regardless of whether he had a family there or not, and

entered it to do umra in the months of the hajj, and then began his

hajj there, beginning his umra at the miqat of the Prophet, may Allah

bless him and grant him peace, or at a place nearer than that, was

doing tamattu or not?

Malik answered, "He does not have to

sacrifice 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 Abu

Bakr 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 Bakr

ibn Abd ar-Rahman, heard Abu Bakribn Abd ar-Rahman say, "A woman came

to 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 the

Messenger of Allah, may Allah bless him and grant him peace, said, 'Do

umra in Ramadan, for doing umra in it is like doing hajj.' "

Yahya related to me from Malik, from Nafi, from Abdullah ibn

Umar, that Umar ibn al-Khattab said, "Keep your hajj separate from

your umra. That way your hajj will be more complete. And your umra

will 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 ibn

Affan would sometimes never get down from the animal he was riding on

when 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 said

that it is permissible not to do it."

Malik said, "I do not

think that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with his

wife had to sacrifice an animal and do a second umra, which he had to

begin when he had finished the one that he had spoiled. He should go

into ihram at the same place where he went into ihram for the umra

which he had spoiled, except if he had entered into ihram at a place

further away than his miqat. This was because he only had to go into

ihram from his miqat.

Malik said, "Someone who entered Makka

to do umra, and does tawaf of the House and say between Safa and Marwa

while he is junub, or not in wudu, and afterwards has intercourse with

his wife, and then remembers, should do ghusl, or wudu, and then go

back and do tawaf around the House and say between Safa and Marwa and

do another umra and sacrifice an animal. A woman should do the same if

her husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the only

alternative). It is permissible if Allah wills for some one to leave

the Haram and go into ihram if he wishes, but the best way is for him

to go into ihram at the miqat which the Messenger of Allah, may Allah

bless him and grant him peace, used (i.e. at-Tanim), or one which is

further 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 bless

him and grant him peace, sent Abu Rafi and a man of the Ansar to

arrange his marriage to Maymuna bint al-Harith, and the Messenger of

Allah, may Allah bless him and grant him peace, was in Madina before

he 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 Ubaydullah

sent a message to Aban ibn Uthman (who was amir of the hajj at the

time), while both of them were in ihram, saying, "I want to marry Bint

Shayba 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 ibn

Affan say that the Messenger of Allah, may Allah bless him and grant

him peace, said, 'A man in ihram should not marry, or give in

marriage, or get betrothed.' "

Yahya related to me from Malik, from Da'ud ibn al-Husayn, that

Abu Ghatafan ibn Tarif al-Murri told him that his father Tarif had

married a woman while he was in ihram, and Umar ibn al-Khattab had

rescinded the marriage.

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar

used to say, "Someone in ihram may neither get married, nor arrange a

marriage for himself or others."

Yahya related to me from Malik that he had heard that Said ibn

al-Musayyab, Salim ibn Abdullah and Sulayman ibn Yasar were asked

about whether someone in ihram could get married, and they said, "Some

one in ihram may neither get married nor give some one in marriage."

Malik said that a man who was in ihram could return to his

wife if he wanted to, if she was still in her idda after she had been

divorced from him.

Yahya related to me from Malik, from Yahya ibn Sa'id, from

Sulayman ibn Yasar, that the Messenger of Allah, may Allah bless him

and grant him peace, was once cupped on the top of his head while he

was 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 Umar

used to say, "Someone in ihram should not be cupped, except when there

is no other alternative."

Malik said, "Someone who is in

ihram 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, may

Allah bless him and grant him peace. When they got to one of the roads

to 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 and

asked his companions to give him his whip but they refused. Then he

asked them for his spear and they refused to give it to him. So he

took hold of it and attacked the ass and killed it. Some of the

companions of the Messenger of Allah, may Allah bless him and grant

him peace, ate from it, and others refused. When they had caught up

with 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 fed

you with."

Yahya related to me from Malik, from Hisham ibn Urwa, from his

father, that az-Zubayr ibn al-Awwam used to take dried gazelle meat

(safif adh-dhiba) as provisions while he was in ihram.

Malik

said, "Safif are dried strips of meat."

Yahya related to me from Malik, from Zayd ibn Aslam, that Ata ibn

Yasar had told him, from Abu Qatada, the same hadith about the wild

ass as that of Abu'n-Nadr, except that in the hadith of Zayd ibn Aslam

the Messenger of Allah, may Allah bless him and grant him peace, said,

"Do you still have any of its meat?"

Yahya related to me from Malik that Yahya ibn Said al-Ansari said

that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn

Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi,

that the Messenger of Allah, may Allah bless him and grant him peace,

set out once for Makka while in ihram. When they had reached ar-Rawha,

they unexpectedly came upon a wounded wild ass. Someone mentioned it

to the Messenger of Allah, may Allah bless him and grant him peace,

and hesaid, "Leave it. The man to whom it belongs is about to come."

Then al-Bahzi, who was the man, came to the Prophet, may Allah bless

him and grant him peace, and said, "Messenger of Allah, do whatever

you want with this ass,' and the Messenger of Allah, may Allah bless

him and grant him peace, told Abu Bakr to divide it up among the

company. Then they went on until they came to the well of al-Uthaba,

which was between ar-Ruwaytha and al-Arj (between Makka and Madina),

where they unexpectedly came upon a gazelle with an arrow in it, Iying

on its side in some shade. He claimed that the Messenger of Allah, may

Allah bless him and grant him peace, told someone to stand by it to

make sure no one disturbed it until everyone had passed by.

Yahya related to me from Malik, from Yahya ibn Said, that he

heard Said ibn al-Musayyab relating from Abu Hurayra that he was once

coming back from Bahrayn, and, when he reached ar-Rabadha, he found a

caravan of people from Iraq in ihram, who asked him whether they could

eat the meat of some game which they had found with the people of ar-

Rabadha, and he told them they could eat it. He said, "Afterwards I

had doubts about what I had told them to do, so when I got back to

Madina I mentioned the matter to Umar ibn al-Khattab and he said,

'What did you tell them to do?' I said, ' I told them to eat it.' Umar

ibn al-Khattab said, threatening me, 'If you had told them to do

anything else I would have done something to you.' "

Yahya related to me from Malik, from Ibn Shihab, that Salim ibn

Abdullah heard Abu Hurayra relating to Abdullah ibn Umar how a group

of three people in ihram had passed him at ar-Rabadha and had asked

him for a fatwa about eating game which people who were not in ihram

were eating, and he told them that they could eat it. He said, "Then I

went to Umar ibn al-Khattab in Madina and asked him about it, and he

said, 'What did you say to them?' and I said, 'I told them that they

could eat it.' Umar said, 'If you had told them anything else I would

have done you an injury.' "

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn

Yasar, that Kab al-Ahbar was once coming back from Syria with a group

of riders, and at a certain point along the road they found some game-

meat and Kab said they could eat it. When they got back to Madina they

went to Umar ibn al-Khattab and told him about that, and he said, "Who

told you you could do that?", and they said, ''Kab.'' He said, "He was

indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed

them by and Kab told them to catch them and eat them. When they got

back to Umar ibn al-Khattab they told him about this, and he said (to

Kab), "What made you tell them they could do that?" Kab said, "It is

game of the sea." He said, "How do you know?", and Kab said, "Amir al-

muminin, by the One in whose hand my self is, it is only the sneeze of

a fish which it sneezes twice every year."

Malik was asked

whether a muhrim could buy game that he had found on the way. He

replied, "Game that is only hunted to be offered to people performing

Hajj I disapprove of and forbid, but there is no harm in game that a

man has which he does not intend for those in ihram, but which a

muhrim finds and buys."

Malik said, about someone who had

some game with him that he had hunted or bought at the time when he

had entered into ihram, that he did not have to get rid of it, and

that there was no harm in him giving it to his family.

Malik

said that it was halal for some one in ihram to fish in the sea or in

rivers and lakes, etc.

Yahya related to me from Malik, from Ibn Shihab, from Ubaydullah

ibn Abdullah ibn Utba ibn Masud, from Abdullah ibn Abbas, that as-Sab

ibn Jaththama al-Laythi once gave a wild ass to the Messenger of

Allah, may Allah bless him and grant him peace, while he was at al-

Abwa, or Waddan, and the Messenger of Allah, may Allah bless him and

grant him peace, gave it back to him. However, when the Messenger of

Allah, may Allah bless him and grant him peace, saw the expression on

the man's face he said, "We only gave it back to you because we are in

ihram."

Yahya related to me from Malik, from Abdullah ibn Abi Bakr, that

Abd ar-Rahman ibn Amir ibn Rabia said, "I once saw Uthman ibn Affan in

ihram on a hot summer's day at al-Arj,and he had covered his face with

a red woollen cloth. Some game-meat was brought to him and he told his

companions to eat. They said, 'Will you not eat then?', and he said,

'I am not in the same position as you. It was hunted for my sake.' "

Yahya related to me from Malik, from Hisham ibn Urwa, from his

father, that A'isha, umm al-muminin, said to him, "Son of my sister,

it is only for ten nights, so if you get an urge to do something,

leave it," by which she meant eating game-meat.

Malik said

that if game was hunted forthe sake of a man who is in ihram and it

was prepared for him and he ate some of it knowing that it had been

hunted for his sake, then he had to pay a forfeit for all of the game

that had been hunted on his behalf.

Malik was asked about

whether someone who was forced to eat carrion while he was in ihram

should hunt game and then eat that rather than the carrion, and he

said, "It is better for him to eat the carrion, because Allah, the

Blessed and Exalted, has not given permission for someone in ihram to

either eat game or take it in any situation, but He has made

allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to

eat game which has been killed or sacrificed by some one in ihram,

because, whether it was killed deliberately or by mistake, it was not

done in a halal manner, and so eating it is not halal. I have heard

this from more than one person. Somebody who kills game and then eats

it only has to make a single kaffara, which is the same as for

somebody who kills game but does not eat any of it."

Malik said, "It is not halal to eat any game that has been hunted

in the Haram, or has had a dog set after it in the Haram and then been

killed outside the Haram. Anyone that does that has to pay a forfeit

for what has been hunted. However, some one that sets his dog after

game outside the Haram and then follows it until it is hunted down in

the Haram does not have to pay any forfeit, unless he set the dog

after the game near to the Haram. The game should not be eaten,

however. If he set the dog loose near the Haram then he has to pay a

forfeit for the game."

Malik said, "Allah, the Blessed and Exalted, says, 'O you who

trust, do not kill game while you are in ihram. Whoever of you kills

game intentionally has to pay a forfeit commensurate with what he has

killed in cattle which two men from among you shall judge, a

sacrificial animal which reaches the Kaba, or else he makes a kaffara

of either feeding poor people or the equivalent of that in fasting, so

that he may taste the consequences of what he has done.' " (Sura 5

ayat 95).

Malik said, "Someone who hunts game when he is not

in ihram and then kills it while he is in ihram is in the same

position as someone who buys game while he is in ihram and then kills

it. Allah has forbidden killing it, and so a man who does so has to

pay a forfeit for it. The position that we go by in this matter is

that a forfeit is assessed for anyone who kills game while he is in

ihram."

Yahya said that Malik said, "The best that I have

heard about someone who kills game and is assessed for it is that the

game which he has killed is assessed and its value in food is

estimated and with that food he feeds each poor man a mudd, or fasts a

day in place of each mudd. The number of poor men is considered, and

if it is ten then he fasts ten days, and if it is twenty he fasts

twenty days, according to how many people there are to be fed, even if

there are more than sixty."

Malik said, "I have heard that a

forfeit is assessed for someone who kills game in the Haram while he

is not in ihram in the same way that it is assessed for some one who

kills game in the Haram while he is in ihram ."

crows, kites, scorpions, rats and mice, and wild

dogs."

scorpions, rats and mice, crows,

kites and wild dogs. "

rats and mice, scorpions, crows, kites and wild dogs."

Yahya related to me from Malik from Ibn Shihab that Umar ibn al-

Khattab told people to kill snakes in the Haram.

Malik said,

about the "wild dogs" which people were told to kill in the Haram,

that any animals that wounded, attacked, or terrorised men, such as

lions, leopards, Iynxes and wolves, were counted as"wild dogs."

However, someone who was in ihram should not kill beasts of prey that

did not attack (people), such as hyenas, foxes, cats and anything else

like them, and if he did then he had to pay a forfeit for it.

Similarly, someone in ihram should not kill any predatory birds except

the kinds that the Prophet, may Allah bless him and grant him peace,

specified, namely crows and kites. If someone in ihram killed any

other kind of bird he had to pay a forfeit for it.

Yahya related to me from Yahya ibn Said from Muhammad ibn Ibrahim

ibn alHarith at-Taymi from Rabia ibn Abi Abdullah ibn alHudayr that he

saw Umar ibn al-Khattab taking the ticks off a camel of his at as-

Suqya while he was in ihram .

Malik said that he disapproved

of that.

Yahya related to me from Malik from Alqama ibn Abi Alqama that

his mother said, "I heard A'isha, the wife of the Prophet, may Allah

bless him and grant him peace, being asked whether some one in ihram

could scratch their body or not, and she said, 'Yes, he can scratch it

and do so as hard as he pleases. I would scratch even if my hands were

tied and I could only use my feet.' "

Yahya related to me from Malik from Ayyub ibn Musa that Abdullah

ibn Umar once looked in the mirror for something that was irritating

him while he was in ihram.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

did not like people who were in ihram removing mites or ticks from

their camels.

Malik said, "This is what I like most out of

what I have heard about the matter."

Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi

Maryam once asked Said ibn al-Musayyab about (what to do with) a nail

of his that had broken while he was in ihram and Said said, "cut it

off."

Malik was asked whether some one in ihram who had an

ear-complaint could use medicinal oil which was not perfumed for

dropping into his ears, and he said, "I do not see any harm in that,

and even if he were to put it into his mouth I still would not see any

harm in it."

Malik said that there was no harm in some one in

ihram lancing an abscess that he had, or a boil, or cutting a vein, if

he needed to do so.

Yahya related to me from Malik from Ibn Shihab from Sulayman ibn

Yasar that Abdullah ibn Abbas said, "Al-Fadl ibn Abbas was riding

behind the Messenger of Allah, may Allah bless him and grant him

peace, when a woman from the Khathama tribe came to him to ask him for

a fatwa. Al-Fadl began to look at her, and she at him, and the

Messenger of Allah, may Allah bless him and grant him peace, turned

Fadl's face away to the other side. The woman said, 'Messenger of

Allah, Allah's making the hajj obligatory finds my father a very old

man, unable to stay firm on his riding-beast. Can I do hajj for him?',

and he said, 'Yes.' This was during the farewell hajj."

Yahya related to me that Malik said, "Someone whose passage to

the House is blocked by an enemy is freed from every restriction of

ihram, and should sacrifice his animal and shave his head wherever he

has been detained, and there is nothing for him to make up

afterwards."

Yahya related to me from Malik that he had heard

that when the Messenger of Allah, may Allah bless him and grant him

peace, and his companions came out of ihram at al-Hudaybiya they

sacrificed their sacrificial animals and shaved their heads, and were

freed from all the restrictions of ihram without having done tawaf of

the House and without their sacrificial animals reaching the Kaba.

There is nothing known about the Messenger of Allah, may

Allah bless him and grant him peace, ever telling any of his

companions, or anybody else that was with him, to make up for anything

they had missed or to go back to doing anything they had not finished

doing.

Yahya related to me from Malik from Nafi that when Abdullah ibn

Umar set out for Makka during the troubles (between al-Hajjaj ibn

Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to

the House we shall do what we did when we were with the Messenger of

Allah, may Allah bless him and grant him peace," and he went into

ihram for umra, because that was what the Messenger of Allah, may

Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is

the same either way." After that he turned to his companions and said,

"It is the same either way. I call you to witness that I have decided

in favour of hajj and umra together."

He then got through to

the House (without being stopped) and did one set of tawaf, which he

considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an

enemy, as the Prophet, may Allah bless him and grant him peace, and

his companions were. If some one is hindered by anything other than an

enemy, he is only freed from ihram by tawaf of the House. "

Yahya related to me from Malik from Ibn Shihab from Salim ibn

Abdullah that Abdullah ibn Umar said, "Someone who is held back from

going to the House by illness can only come out of ihram after he has

done tawaf of the House and say between Safa and Marwa. If it is

absolutely necessary for him to wear any ordinary clothes, or undergo

medical treatment, he should do that and pay compensation for it."

Yahya related to me from Malik from Yahya ibn Said that he had

heard that A'isha, the wife of the Prophet, may Allah bless him and

grant him peace, used to say, "Only the House frees a person in ihram

from ihram."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as-

Sakhtayani that a very old man from Basra once said to him, "I set out

for Makka but on the way there I broke my thigh, so I sent a message

on to Makka Abdullah ibn Abbas and Abdullah ibn Umar and the people

were there, but no-one allowed me to leave ihram, and I stayed there

for seven months until I left ihram by doing an umra.''

Yahya related to me from Malik from Ibn Shihab from Salim ibn

Abdullah that Abdullah ibn Umar said, "Some one who is detained by

sickness before he has got to the House cannot leave ihram until he

has done tawaf of the House and say between Safa and Marwa."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn

Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while

he was in ihram on the road to Makka. He asked after the person in

charge of the relay station where he was injured and he found Abdullah

ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He

told them what had happened to him and all of them said that he should

take whatever medicine he had to take and pay compensation for it.

Then, when he got better again, he should do umra and come out of his

ihram, after which he had to do hajj another year and to offer

whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is

detained by something other than an enemy. And when Abu Ayyub al-

Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and

had missed the hajj, Umar ibn al-Khattab told them to come out of

ihram by doing umra and then to go home free of ihram and do hajj some

time in the future and to sacrifice an animal, or, if they could not

find one, to fast three days during the hajj and seven days after they

had returned to their families."

Malik said, "Anyone who is

detained from doing hajj after he has gone into ihram, whether by

illness or otherwise, or by an error in calculating the month or

because the new moon is concealed from him is in the same position as

some one who is hindered from doing the hajj and must do the same as

he does."

Yahya said that Malik was asked about the situation

of someone from Makka who went into ihram for hajj and then broke a

bone or had severe stomach pain, or of a woman who was in labour, and

he said, "Someone to whom this happens is in the same situation as one

who is hindered from doing the hajj, and he must do the same as people

from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the

hajj with the intention of doing umra, and completed his umra and went

into ihram in Makka to do hajj, and then broke a bone or something

else happened to him which stopped him from being present at Arafa

with everybody else, "I think that he should stay where he is until he

is better and then go outside the area of the Haram, and then return

to Makka and do tawaf of the House and say between Safa and Marwa, and

then leave ihram. He must then do hajj again another year and offer a

sacrificial animal ."

Malik said, about someone who left

ihram in Makka, and then did tawaf of the House and say between Safa

and Marwa, and then fell ill and was unable to be present with

everybody at Arafa, "If the hajj passes someone by he should, if he

can, go out of the area of the Haram and then come back in again to do

umra and do tawaf of the House and say between Safa and Marwa, because

he had not intended his initial tawaf to be for an umra, and so for

this reason he does it again. He must do the next hajj and offer a

sacrificial animal.

If he is not one of the people of Makka,

and something happens to him which stops him from doing the hajj, but

he does tawaf of the House and say between Safa and Marwa, he should

come out of ihram by doing an umra and then do tawaf of the House a

second time, and say between Safa and Marwa, because his initial tawaf

and say were intended for the hajj. He must do the next hajj and offer

a sacrificial animal."

Yahya related to me from Malik from Ibn Shihab from Salim ibn

Abdullah that Abdullah ibn Muhammad ibn Abi Bakras-Siddiq told

Abdullah ibn Umar from A'isha, that the Prophet, may Allah bless him

and grant him peace, said, "Don't you see that when your people built

the Kaba they fell short of the foundations of Ibrahim?" A'isha said,

"Messenger of Allah, won't you return it to the foundations of

Ibrahim?" and the Messenger of Allah, may Allah bless him and grant

him peace, said, "If it were not that your people have only recently

left kufr, I would have done so."

Salim ibn Abdullah said

that Abdullah ibn Umar said, "If A'isha heard this from the Messenger

of Allah, may Allah bless him and grant him peace, then I consider

that the Messenger of Allah, may Allah bless him and grant him peace,

only refrained from greeting the two corners which are adjacent to the

Hijr because the House had not been completed on the foundations of

Ibrahim." (i.e. the corners he did not touch were not the original

corners of the Kaba) .

Yahya related to me from Malik from Hisham ibn Urwa from his

father that A'isha, umm al-muminin, said, "I do not mind whether I

pray in the Hijr or in the House." (i.e. praying in the Hijr is the

same as praying in the House).

Yahya related to me from Malik that he heard Ibn Shihab say that

he had heard one of the people of knowledge say that the Hijr was only

enclosed so that people would go beyond it as they were making tawaf,

and their tawaf would therefore encompass the original House.

Yahya related to me from Malik from Jafar ibn Muhammad from his

father that Jabir ibn Abdullah said, "I saw the Messenger of Allah,

may Allah bless him and grant him peace, hastening from the Black

Stone until he reached it again, three times."

Malik said,

"This is what is still done by the people of knowledge in our city."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to hasten from the Black Stone round to the Black Stone three

times and then would walk four circuits normally.

Yahya related to me from Malik from Hisham ibn Urwa that when his

father did tawaf of the House he would hasten in the first three

circuits and say in a low voice, "O Allah, there is no god but You,

and You bring to life after You have made to die."

Allahumma

la ilaha illa anta, wa anta tuhyi badama amatta.

Yahya related to me from Malik from Hisham ibn Urwa from his

father that he saw Abdullah ibn az-Zubayr go into ihram for umra at

at-Tanim.

He said, "Then I saw him hasten around the House

for three circuits."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

never used to do tawaf of the House or say between Safa and Marwa if

he went into ihram in Makka until he had returned from Mina, nor would

he hasten when doing tawaf of the House if he went into ihram in

Makka.

Yahya related to me from Malik that he had heard that when the

Messenger of Allah, may Allah bless him and grant him peace, had

finished his tawaf of the House, prayed two rakas, and wanted to go to

Safa and Marwa, he would salute the corner of the Black Stone before

he left.

Yahya related to me from Malik from Hisham ibn Urwa that his

father said that the Messenger of Allah, may Allah bless him and grant

him peace, once said to Abd ar-Rahman ibn Awf, "What do you do, Abu

Muhammad, when saluting the corner?" and Abd ar-Rahman said,

"Sometimes I salute it, and sometimes I don't." The Messenger of

Allah, may Allah bless him and grant him peace, said, "You are right."

Yahya related to me from Malik from Hisham ibn Urwa that his

father used to salute all the corners when he did tawaf of the House

and did not omit the Yamani corner unless he was prevented from it.

Yahya related to me from Malik from Hisham ibn Urwa from his

father that Umar ibn al-Khattab said to the corner of the Black Stone

while he was doing tawaf of the House, "You are only a stone, and if I

had not seen the Messenger of Allah, may Allah bless him and grant him

peace, kiss you, I would not do so." Then he kissed it.

Malik said, "I have heard some of the people of knowledge recommending

someone doing tawaf of the House to put his hand to his mouth when he

takes it from the Yamani corner."

Yahya related to me from Malik from Hisham ibn Urwa that his

father would never do two sets of seven tawafs together without

praying between them. After every seven tawafs he would pray two

rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to

make it easier on himself, join two or more sets of seven circuits and

then pray whatever he owed for those sets of seven, and he said, "He

should not do that. The sunna is that he does two rakasafter every

seven circuits."

Malik said, about someone who began doing

tawaf and then forgot how many he had done and did eightor nine

circuits, "He should stop when he knows that he has done more than the

right number and then pray two rakas,and he should not count the ones

that he has done in excess. Neither should he build on the nine that

he has done and then pray the rakas for the two sets of seven circuits

together, because the sunna is that you pray two rakas after every

seven circuits."

Malik said that someone who was in doubt

about his tawaf after he had prayed the two rakas of tawaf should go

back and complete his tawaf until he was certain of how much he had

done. He should then repeat the two rakas, because prayer when doing

tawaf was only valid after completing seven circuits.

"If

some one breaks his wudu either while he is doing tawaf, or when he

has finished tawaf but before he has prayed the two rakas of tawaf, he

should do wudu and begin the tawaf and the two rakas afresh. Breaking

wudu does not interrupt say between Safa and Marwa, but a person

should not begin say unless he is pure by being in wudu."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn

Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Abd al-Qari mentioned to

him that he once did tawaf of the House with Umar ibn al-Khattab after

subh and when Umar had finished his tawaf he looked and saw that the

sun had not yet risen, so he rode on until he made his camel kneel at

Dhu Tuwa, and he prayed two rakas.

Yahya related to me from Malik that Abu'z Zubayr al-Makki said,

"I saw Abdullah ibn Abbas doing tawaf after asr. Then he went into his

room and I do not know what he did."

Yahya related to me from Malik that Abu'z-Zubayr al-Makki said,

"I saw the House deserted both after subh and asr, with no-one doing

tawaf."

Malik said, "If someone does some of his circuits and

then the subh or asr prayer is begun, he should pray with the imam and

then complete the rest of his circuits but should not pray at all

until the sun has either risen or set "

He added, "There is

no harm in delaying the two rakas until after he has prayed maghrib."

Malik said, "There is no harm in someone doing a single tawaf

after subh or after asr, not to do more than one group of seven

circuits, and then as long as he delays the two rakas until after the

sun has risen, as Umar ibn al-Khattab did, or he delays them until

after the sun has set if it is after asr. Then when the sun has set he

can pray them if he wants, or, if he wants, he can delay them until

after he has prayed maghrib. There is no harm in that."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that Umar ibn al-Khattab said, "No-one should leave the hajj until he

has done tawaf of the House, and tawaf of the House is the final

rite."

Malik said, commenting about Umar ibn al-Khattab's

saying 'tawaf of the House is the final rite,' "In our opinion, and

Allah knows best, that is because Allah, the Blessed and Exalted,

says, 'Whoever exalts the rituals of Allah - that is from the taqwa of

the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place

(of sacrifice) is at the Ancient House,' and the place of all the

rituals and where they end is therefore at the Ancient House."

Yahya related to me from Malik from Yahya ibn Said that Umar ibn

al-Khattab refused to let one man who had not taken leave of the House

pass adh-Dhahran, (a valley eighteen miles from Makka) until he had

taken leave of it.

Yahya related to me from Malik from Hisham ibn Urwa that his

father said, "Allah has completed the hajj of anyone who does the

tawaf al-ifada. It is fitting that tawaf of the House be the last of

his contract, as long as nothing prevents him, and if something

prevents him, or an obstacle arises, then Allah has completed his

hajj."

Malik said, "I do not think that a man who does not

know that the last of his contract is tawaf of the House until he has

left owes anything, unless he is nearby and can return, do tawaf, and

then leave having done the tawaf al-ifada."

Yahya related to me from Malik from Abu'l-Aswad Muhammad ibn Abd

ar-Rahman ibn Nawfal from Urwa ibn az-Zubayr from Zaynab bint Abi

Salama that Umm Salama, the wife of the Prophet, may Allah bless him

and grant him peace, said, "I once complained to the Messenger of

Allah, may Allah bless him and grant him peace, that I was ill and he

said, 'Do tawaf riding behind the people.' So I did tawaf riding my

camel, while the Messenger of Allah, may Allah bless him and grant him

peace, was praying by the side of the House, reciting Surat at-Tur."

Yahya related to me from Malik from Abu'z Zubayr al-Makki that

Abu Maiz al-Aslami Abdullah ibn Sufyan told him that once, when he was

sitting with Abdullah ibn Umar, a woman came to ask him for an

opinion. She said, "I set out intending to do tawaf of the House, but

then, when I got to the gate of the Mosque, I started bleeding, so I

went back until it had left me. Then I set out again, and then, when I

got to the gate of the mosque, I started bleeding, so I went back

until it had left me. Then I set off again, and then, when I got to

the gate of the mosque, I started bleeding." Abdullah ibn Umar said,

"That is only an impulse from Shaytan. Do ghusl, then bind your

private parts with a cloth and do tawaf."

Yahya related to me from Malik that he had heard that if Sad ibn

Abi Waqqas entered Makka late, he would go to Arafa before doing tawaf

of the House and say between Safa and Marwa, and then do tawaf when he

got back.

Malik said, "The leeway is broad, if Allah wills."

Malik was asked whether somebody that was doing obligatory

tawaf could stop and talk with another man, and he said, "I do not

like him to do that."

Malik said, "Only someone who is pure

(by being in wudu) should do tawaf of the House or say between Safa

and Marwa."

Yahya related to me from Malik from Jafar ibn Muhammad ibn AIi

from his father that Jabir ibn Abdullah said, "I heard the Messenger

of Allah, may Allah bless him and grant him peace, say as he left the

mosque, intending to go to Safa, 'We begin with that with which Allah

began,' and he began with Safa."

Yahya related to me from Malik from Jafar ibn Muhammed ibn AIi

from his father from Jabir ibn Abdullah that the Messenger of Allah,

may Allah bless him and grant him peace, used to say, "Allah is

greater" three times when he stopped on Safa, and "There is no god but

Allah, alone, without any partner. To Him belong the Kingdom and

praise, and He has power over everything" three times, and make dua.

He would then do the same on Marwa.

Yahya related to me from Malik from Nafi that he heard Abdullah

ibn Umar making dua on Safa saying, "O Allah, You have said, 'call on

Me - I will answer you' and You do not break Your promise. So I am

askingYou, in the same way that You have guided me to Islam, not to

take it away from me, and that You make me die while I am muslim."

Yahya related to me from Malik from Hisham ibn Urwa that his

father said, "Once when I was young I said to A'isha, umm al-muminin,

'Have you seen the saying of Allah, the Blessed and Exalted, "Safa and

Marwa are among the waymarks of Allah, so whoever does hajj or umra to

the House, there is no harm in his going between them," so it follows

that there should be no harm for some one who does not go between

them.'

A'isha said, 'No. If it were as you say, there would

be no harm in his not going between them. This ayat was only revealed

about the Ansar. They used to make pilgrimage to Manat, and Manat was

an idol near Qudayd, and they used to avoid going between Safa and

Marwa, and when Islam came they asked the Messenger of Allah, may

Allah bless him and grant him peace, about this and Allah, the Blessed

and Exalted, revealed, "Safa and Marwa are among the waymarks of

Allah, so whoever does hajj or umra to the House, there is no harm in

his going between them. " ' "

Yahya related to me from Malik from Hisham ibn Urwa that Sawda

bint Abdullah ibn Umar, who was in the household of Urwa ibn az-

Zubayr, set off walking between Safa and Marwa when doing either hajj

or an umra. She was a heavy woman and she began when everybody was

leaving after the isha prayer, and she still had not completed her

circuits when the first call was given for subh, but finished them

between the two calls to prayer.

If Urwa saw people doing

circuits on riding beasts he would tell them in very strong terms not

to do so, and they would pretend to be ill, out of awe of him.

Hisham added, "He used to say to us about them 'These are

unsuccessful and have lost.' "

Malik said, "Someone who

forgets say between Safa and Marwa in an umra, and does not remember

until he is far from Makka, should return and do say. If, in the

meantime, he has had intercourse with a woman, he should return and do

say between Safa and Marwa so as to complete what remains of that

umra, and then after that he has to do another umra and offer a

sacrificial animal."

Malik was asked about someone who met

another man when doing say between Safa and Marwa and stopped to talk

with him, and he said, "I do not like anyone to do that."

Malik said, "If anyone forgets some of his tawaf or is uncertain about

it and remembers only when he is doing say between Safa and Marwa, he

should stop the say and complete his tawaf of the House apart from

that about which he is certain. After that he prays the two rakas of

the tawaf, and then begins his say between Safa and Marwa."

Yahya related to me from Malik from Jafar ibn Muhammad from his

father from Jabir ibn Abdullah that the Messenger of Allah, may Allah

bless him and grant him peace, walked when he came down from Safa and

Marwa and then, when he reached the middle of the valley, he broke

into a light run until he had left it.

Malik said, about a

man who, out of ignorance, did the say between Safa and Marwa before

he had done tawaf of the House, "He should go back and do tawaf of the

House and then do say between Safa and Marwa. If he does not learn

about this until he has left Makka and is far away, he should return

to Makka and do tawaf of the House and say between Safa and Marwa. If

in the meantime he has had intercourse with a woman he should return,

and do tawaf of the House and say between Safa and Marwa so that he

completes what he owes of that umra. Then, after that, he has to do

another umra and offer a sacrificial animal ."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar

ibn Ubaydullah, from Umayr, the mawla of Abdullah ibn Abbas, from Umm

al-Fadl bint al-Harith, that she was present when some people were

arguing on the day of Arafa about whether the Messenger of Allah, may

Allah bless him and grant him peace, was fasting or not. Some of them

said he was fasting, and some of them said he was not. So she sent a

bowl of milk to him while his camel was standing still and he drank.

Yahya related to me from Malik from Yahya ibn Said from al-Qasim

ibn Muhammad that A'isha, umm al-muminin, used to fast on the day of

Arafa .

Al-Qasim said, "I saw her, when the imam began moving

away (after sunset) on the afternoon of Arafa, stay where she was

until the ground between her and the people became clear. Then she

asked for something to drink and broke her fast."

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar

ibn Ubaydullah, from Sulayman ibn Yasar that the Messenger of Allah,

may Allah bless him and grant him peace, forbade fasting on the days

of Mina.

Yahya related to me from Malik from Ibn Shihab that the Messenger

of Allah, may Allah bless him and grant him peace, sent Abdullah ibn

Hudhayfa out on the days of Mina to circulate among the people to tell

them those days were for eating and drinking and remembrance of Allah.

Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban

from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah

bless him and grant him peace, forbade fasting on two days - the day

of the Id al-Fitr and the day of the Id al-Adha.

Yahya related to me from Malik from Yazid ibn Abdullah ibn al-

Hadi from Abu Murra, the mawla of Umm Hani, the sister of Aqil ibn Abi

Talib, that Abdullah ibn Amr ibn al-As told him that he had visited

his father Amr ibn al-As and found him eating. His father had invited

him to eat, and when he replied that he was fasting, his father said,

"These are the days on which the Messenger of Allah, may Allah bless

him and grant him peace, forbade us to fast, and told us to break the

fast on them."

Malik said, "These days are the days of

tashriq."

Yahya related to me from Malik from Nafi from Abdullah ibn Abi

Bakr ibn Muhammad ibn Amr ibn Hazm that the Messenger of Allah, may

Allah bless him and grant him peace, sacrificed a camel, which had

belonged to Abu Jahl ibn Hisham, in either a hajj or an umra.

Yahya related to me from Malik from Abu'z Zinad from al-Araj from

Abu Hurayra that the Messenger of Allah, may Allah bless him and grant

him peace, saw a man driving forward a camel which he was going to

sacrifice, and he told him to ride it. The man said, "Messenger of

Allah, it is an animal that I am going to sacrifice," and he replied,

"Ride it, woe on you," either the second or the third time.

Yahya related to me from Malik from Abdullah ibn Dinar that he

used to see Abdullah ibn Umar sacrificing animals two at a time during

hajj and one at a time during umra. He said, "I saw him sacrifice an

animal during an umra outside the house of Khalid ibn Usayd, where he

was staying. I saw him stick his spear in the throat of the animal he

was going to sacrifice until the spear came out under its shoulder."'

Yahya related to me from Malik from Yahya ibn Said that Umar ibn

Abd al-Aziz once sacrificed a camel during a hajj or an umra.

Yahya related to me from Malik from Abu Jafar al-Qari that

Abdullah ibn Ayyash ibn Abi Rabia al-Makhzumi sacrificed two camels,

one of them a Bactrian.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say, "If a she-camel that is being driven as a sacrificial

animal gives birth, the offspring should be carried along as well and

they are sacrificed together with her, and if there is no place where

they can be carried, they should be carried on the mother until they

are all sacrificed."

ahya related to me from Malik from Hisham ibn Urwa that his

father said, "If necessary, ride on your sacrificial animal, without

burdening it, and if necessary, drink its milk after its young one has

drunk its fill, and when you sacrifice it, sacrifice the young one

with it."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that when he brought an animal to be sacrificed from Madina he would

garland it and brand it at Dhu'l-Hulayfa, doing the garlanding before

the branding, but doing both in the same place, while facing the

qibla. He would garland the animal with two sandals and brand it on

its left side. It would then be driven with him until he observed the

standing together with everybody at Arafa. Then he would drive it on

with him when everybody else moved on, and then when he arrived at

Mina on the morning of the sacrifice, he would sacrifice the animal,

before he shaved his head. He would sacrifice the animals with his own

hands ,lining them up standing and facing the qibla. He would then eat

some of the meat, and give some of it away.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

said, when nicking the hump of his sacrificial animal to brand it, "In

the name of Allah, and Allah is greater."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say, "A sacrificial animal is what has been garlanded,

branded, and stood with on Arafa."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to drape his sacrificial animals in fine Egyptian linen,

saddlecloths and sets of clothing, which he would afterwards send to

the Kaba and have the Kaba draped with them.

Yahya related to me from Malik that he asked Abdullah ibn Dinar

what Abdullah ibn Umar used to do with the drapings of his animals

when the Kaba began to be draped with the kiswa, and he said, "He gave

them away as sadaqa."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say, about sacrificial animals, "Six-year-old camels, three-

year-old cows and sheep, or older than these."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

never used to tear the drapes of his sacrificial animals, and he would

not drape them until he went from Mina to Arafa.

Yahya related to me from Malik from Hisham ibn Urwa that his

father used to say to his sons, "My sons, let none of you sacrifice

any animal which he would be ashamed to sacrifice for a noble woman,

for surely Allah is the noblest of noble ones, and the most deserving

of those for whom things are chosen."

Yahya related to me from Malik from Hisham ibn Urwa from his

father that the man who was in charge of the sacrificial animal of the

Messenger of Allah, may Allah bless him and grant him peace, said,

"Messenger of Allah, what should I do with a sacrificial animal that

gets injured?" The Messenger of Allah, may Allah bless him and grant

him peace, said to him, "Slaughter any sacrificial animal that is

injured. Then throw the garlands in its blood, and then give the

people a free hand in eating it.

Yahya related to me from Malik from Ibn Shihab that Said ibn al-

Musayyab said, "If someone dedicates an animal voluntarily and then it

is injured and he kills it and gives everyone a free hand in eating

it, he owes nothing. If, however, he eats some of it himself, or tells

certain other people to eat it, then he owes compensation."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from

Abdullah ibn Abbas the same as that.

Yahya related to me from Malik that Ibn Shihab said, "If someone

dedicates an animal as compensation, or for a vow, or as the sacrifice

for tamattu, and misfortune befalls it on the road, he must provide a

substitute."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

said, "If someone dedicates an animal and then it goes astray or dies,

he should provide a substitute, if it was for a vow. If, however, it

was voluntary, then he can either provide a substitute for it or not,

as he wishes."

Yahya related to me from Malik that he had heard the people of

knowledge say, "Someone who dedicates a sacrificial animal for

compensation or as part of the hajj should not eat from it."

Yahya related to me from Malik that he had heard that Umar ibn

al-Khattab and AIi ibn Abi Talib and Abu Hurayra were asked about a

man 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 an

animal."

Malik added that AIi ibn Abi Talib said, "When they

then go into ihram for hajj in a future year they should keep apart

until they have completed their hajj."

Yahya related to me from Malik from Yahya ibn Said that he heard

Said ibn al-Musayyab asking a group of people, "What do you think

about 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 had

intercourse with his wife while in ihram who has sent a message to

Madina asking about it." Some of them said, "They should be kept apart

until a future year," and Said ibn al-Musayyab said, "They should

carry on and complete the hajj which they have spoiled, and then

return home when they have finished. If another hajj comes upon them,

they must do hajj and sacrifice an animal. They should go into ihram

at the same place where they went into ihram for the hajj that they

spoiled, and they should keep apart until they have finished their

hajj."

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

Malik said, about a man who had intercourse with his wife

during hajj after he had come down from Arafa but before he had stoned

the Jamra, "He must sacrifice an animal and do hajj again in another

year. If, however, he had intercourse with his wife after he stoned

the Jamra, he only has to do an umra and sacrifice an animal and he

does not have to do another hajj."

Malik said, "What spoils a

hajj or an umra and makes sacrificing an animal and repeating the hajj

necessary is the meeting of the two circumcised parts, even if there

is no emission. It is also made necessary by an emission if it is the

result of bodily contact. I do not think that a man who remembers

something and has an emission owes anything, and if a man were to kiss

his wife and no emission were to occur from that, he would only have

to sacrifice an animal. A woman in ihram who has intercourse with her

husband several times during hajj or umra out of obedience to him only

has to do another hajj and sacrifice an animal. That is if her husband

has intercourse with her while she is doing hajj. If he has

intercourse with her while she is doing umra, she must repeat the umra

she has spoiled and sacrifice an animal."

Yahya related to me from Malik that Yahya ibn Said said that

Sulayman ibn Yasar told him that Abu Ayyub al-Ansari once set off to

do hajj and then, when he reached an-Naziya, on the road to Makka, his

riding beasts strayed. He reached Umar ibn al-Khattab on the day of

sacrifice and told him what had happened and Umar said, "Do what

someone doing umra would do, and then you can leave ihram, and then

when the hajj next comes upon you, do it and sacrifice whatever animal

is easy for you ."

Malik related to me from Nafi from Sulayman ibn Yasar that Habbar

ibn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattab

was sacrificing his animal and said, "Amir al-muminin, we made a

mistake in our reckoning and we thought that today was the day of

Arafa." Umar said, "Go to Makka, you and whoever else is with you, and

do tawaf and sacrifice your animal if you have one with you. Then

shave or cut your hair and return home. Then, in another year, do hajj

and sacrifice an animal, and if you cannot find one, fast three days

on hajj and seven when you return home."

Malik said, "Someone

who intends to do hajj and umra together and then misses the hajj must

do hajj again in another year, doing hajj with umra, and offer two

sacrificial animals, one for doing the hajj with umra, and one for the

hajj that he has missed."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from

Ata ibn Abi Rabah that Abdullah ibn Abbas was asked about a man who

had had intercourse with his wife while at Mina before he had done the

tawaf al-ifada, and he told him to sacrifice an animal.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that

lkrama, the mawla of Ibn Abbas, said, (and Thawr believed it to be

from Abdullah ibn Abbas), "Someone who has intercourse with his wife

before he has done the tawaf al-ifada should do an umra and sacrifice

an animal."

Yahya related to me from Malik that he had heard Rabia ibn Abi

Abd ar-Rahman saying the same about that as what Ikrama related from

Ibn Abbas.

Malik said, "That is what I like most out of what

I have heard about the matter."

Malik was asked about a man

who forgot the tawaf al-ifada until he had left Makka and returned to

his community and he said, "I think that he should go back and do the

tawaf al-ifada, as long as he has not had sexual relations with women.

If, however, he has had sexual relations with women, then he should

not only return and do the tawaf al-ifada, but he should also do an

umra and sacrifice an animal. He should not buy theanimal in Makka and

sacrifice it there, but if he has not brought one with him from

wherever it was he set out to do umra, he should buy one in Makka and

then take it outside the limits of the Haram and drive it from there

to Makka and sacrifice it there."

Yahya related to me from Malik from Jafar ibn Muhammad from his

father that Ali ibn Abi Talib used to say, "The least difficult thing

acceptable as a sacrificial animal is a sheep."

Yahya related to me from Malik that he had heard that Abdullah

ibn Abbas used to say, "The least difficult thing acceptable as a

sacrificial animal is a sheep."

Malik said, "That is what I

like 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 not

kill game while you are in ihram. Whoever of you kills it

intentionally, there shall be repayment the like of what he has slain,

from livestock, as shall be judged by two men of justice among you, a

sacrificial 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 is

one of the animals which is judged to be acceptable as a sacrifice.

Allah has called it a sacrificial animal, and there is no dispute

among us about the matter. How, indeed, could anyone be in doubt about

the matter? A sheep is the kaffara for anything which does not reach

the extent of something for which a camel or a cow would be the

kaffara, and the kaffara for something which does not reach the extent

of something for which a sheep would be the kaffara is fasting, or

feeding poor people."

Yahya related to me from Malik from Nafi that Abdullah ibn Urnar

used to say, "The least thing that is acceptable as a sacrificial

animal is a camel or a cow."

Yahya related to me from Malik fromAbdullah ibn Abi Bakr that a

mawla of Amir bint Abd ar-Rahman called Ruqayya told him that she once

set out with Amra bint Abd ar-Rahman to go to Makka. She said, ''Amra

entered Makka on the eighth of Dhu'l-Hijja, and I was with her. She

did tawaf of the House, and say between Safa and Marwa, and then

entered the back of the mosque. She asked me, 'Do you have a pair of

scissors with you?' and I said, 'No.' She said, 'Then try and find

some for me.' I went and looked for some and brought them back and she

cut some hair from the tresses of her head.Then, on the day of

sacrifice, she slaughtered a sheep."

Yahya related to me from Malik from Sadaqa ibn Yasar al-Makki

that a man from the people of Yemen, who had his hair braided, came to

Abdullah ibn Umar and said, "Abu Abd arRahman, I have come to do just

umra. ''Abdullah ibn Umar said to him, "If I had been with you or you

had asked me I would have told you to do hajj and umra together." The

Yemeni answered, "I am doing what I am doing," and Abdullah ibn Umar

said to him, "Cut off the locks that are hanging from your head and

offer a sacrificial animal." A woman from Iraq said, "What should his

sacrificial animal be, Abu Abd ar-Rahman?" and he said, "His

sacrificial animal?" and she said to him, "What should his sacrificial

animal be?" Abdullah ibn Umar said, "If I could only find a sheep to

sacrifice, I would prefer to do that than to fast."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say, "A woman in ihram should not comb her hair when she

leaves ihram until she has cut some of the tresses of her hair, and if

she has an animal for sacrifice with her she should not cut off any of

her hair until the animal has been killed."

Yahya related to me from Malik that he had heard one of the

people of knowledge say, "A man and wife should not share in one

sacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with

an 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 that

he sacrificed it at the time of the hajj while in the meantime he came

out of ihram from his umra. He said, "He should postpone it so that he

may sacrifice it at the time of the hajj, and meanwhile come out of

ihram from his umra."

Malik said, "If it is judged that some-

one must offer an animal for having killed game, or for any other

reason, this animal can only be sacrificed at Makka, since Allah, the

Blessed and Exalted, says, 'a sacrificial animal which will reach the

Kaba.' The fasting or sadaqa that is considered equivalent to

offering a sacrifice can be done outside Makka, and the person who is

doing it can do it wherever he likes."

Yahya related to me from Malik from Yahya ibn Said from Yaqub ibn

Khalid al-Makhzumi that Abu Asma, the mawla of Abdullah ibn Jafar,

told him that he was with Abdullah ibn Jafar when they set out once

from Madina. At as-Suqya they passed by Husayn ibn Ali, who was ill at

the time. Abdullah ibn Jafar stayed with him and then, when he feared

that he was late (for the hajj) he left, and sent for Ali ibn Abi

Talib and Asma bint Umays in Madina, and they came to Husayn. Then

Husayn 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 for

him.

Yahya ibn Said added, "Husayn had set out with Uthman

ibn Affan on that particular journey to Makka. "

Yahya related to me from Malik that he had heard that the

Messenger of Allah, may Allah bless him and grant him peace, said,

"The whole of Arafa is a mawqif, except the middle of Urana, and the

whole of Muzdalifa is a standing-place, except for the middle of

Muhassir."

Yahya related to me from Malik from Hisham ibn Urwa that Abdullah

ibn az-Zubayr used to say, "Know that the whole of Arafa is a

standing-place except for the middle of Urana, and that the wholeof

Muzdalifa is a standing-place except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to be

no rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat

197).

He added, "Rafath is sexual relations with women, and

Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with

your women is permitted to you on the night of the fast.' (Sura 2 ayat

197). Fusuq are sacrifices made to idols, and Allah knows best. Allah,

the Blessed and Exalted, says, 'Or a fisq offered up to other than

Allah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers to

when the Quraysh used to stand near the mashar al-haram at Quzah in

Muzdalifa, while the Arabs and others would stand at Arafa, and they

would argue about who was the more correct. Allah, the Blessed and

Exalted, says, 'And we appointed a method of sacrifice for every

nation, which they followed, so let them not dispute with you about

the matter, and call to your Lord. Surely you are on a straight

guidance.' (Sura 22 ayat 67) This is what jidal refers to in our

opinion, and Allah knows best. This I have heard from the people of

knowledge."

Malik was asked about whether a man could stand at Arafa, or at

Muzdalifa, or stone the Jamras, or do say between Safa and Marwa if he

was not in wudu, and he said, "Every practice in the hajj that a

menstruating woman can take part in can be taken part in by a man who

is not in wudu and there is nothing due from him for that. However, it

is better for him to be in wudu for all those things, and he should

not make a general practice of it."

Malik was asked whether a

man who was riding should get down to do the standing at Arafa or if

he could stand while mounted, and he said, "He can stand while

mounted, unless he or his riding beast have an illness, in which case

Allah is the one who most often accepts an excuse."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say, "Someone who does not stand at Arafa on the night of

Muzdalifa before the dawn breaks has missed the hajj, and someone who

stands at Arafa on the night of Muzdalifa before the dawn breaks has

caught the hajj."

Yahya related to me from Malik from Hisham ibn Urwa that his

father said, "Someone who does not stand at Arafa on the night of

Muzdalifa

before the dawn breaks has missed the hajj, and

some one who stands at Arafa on the night of Muzdalifa before the dawn

breaks has caught the hajj.

Malik said, about a slave freed

during the wuquf at Arafa, "His standing does not fulfil for him the

hajj of Islam, except if he was not in ihram and then he went into

ihram after he was freed and he stood at Arafa that same night before

the dawn broke in which case that is enough for him. If, however, he

did not go into ihram until after the dawn had broken, he is in the

same position as someone who misses the hajj by not catching the

standing at Arafa before the breaking of the dawn on the night of

Muzdalifa, and he will have to do the hajj of Islam later."

Yahya related to me from Malik from Nafj from Salim and

Ubaydullah, two sons of Abdullah ibn Umar, that their father Abdullah

ibn Umar used to send his family and children from Muzdalifa to Mina

ahead of him so that they could pray subh at Mina and throw the stones

before everyone (else) arrived.

Yahya related to me from Malik from Yahya ibn Said from Ata ibn

Abi Rabah that a mawla of Asma bint Abi Bakr told him, "We arrived at

Mina with Asma bint Abi Bakr at the end of the night, and I said to

her, 'We have arrived at Mina at the end of the night,' and she said,

'We used to do that with one who was better than you.' "

Yahya related to me from Malik that he had heard that Talha ibn

Ubaydullah used to send his family and children from Muzdalifa to Mina

ahead of him.

Yahya related to.me from Malik that he had heard one of the

people of knowledge disapproving of stoning the jamra until after dawn

on the day of sacrifice, as it was halal for whoever had thrown the

stones to sacrifice.

Yahya related to me from Malik from Hisham ibn Urwa that Fatima

bint al-Mundhir told him that she used to see Asma bint Abi Bakrat

Muzdalifa telling whoever led the subh prayer for her and her

companions to pray it as soon as the dawn broke, after which she would

mount and go to Mina without stopping at all.

Yahya related to me from Malik from Hisham ibn Urwa that his

father said, "I was sitting with Usama ibn Zayd when some one asked

him, 'How did the Messenger of Allah, may Allah bless him and grant

him peace, travel when he went from Arafa to Muzdalifa during the

farewell hajj?' and he replied, 'He went at a medium pace, but when he

found a gap (in the crowds) he speeded up.' "

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to spur on his mount in the middle of Muhassir over the distance

of a stone's throw.

Yahya related to me from Malik that he had heard that the

Messenger of Allah, may Allah bless him and grant him peace, said once

at Mina, "This place (where I have just sacrificed), and the whole of

Mina, is a place of sacrifice," and he said once during umra, "This

place of sacrifice" meaning Marwa, "and all the pathways of Makka and

its roads are a place of sacrifice."

Yahya related to me from Malik that Yahya ibn Said said that Amra

bint Abd ar-Rahman told him that she had heard A'isha, umm al-muminin,

saying, "We set out with the Messenger of Allah, may Allah bless him

and grant him peace, when there were five nights left in Dhu'l-Qada

and we assumed that we must be setting out for hajj. When we got near

to Makka, the Messenger of Allah, may Allah bless him and grant him

peace, told everyone that did not have a sacrificial animal with them

to leave ihram after they had done tawaf of the House and say between

Safa and Marwa."

A'isha added, "We were sent some beef on the

day of sacrifice. I asked what it was and they said that the Messenger

of Allah, may Allah bless him and grant him peace, had sacrificed for

his wives."

Yahya ibn Said said, "I mentioned this hadith to

Qasim ibn Muhammad and he said, 'She has given you the complete

hadith, by Allah.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that Hafsa, umm al-muminin, once said to the Messenger of Allah, may

Allah bless him and grant him peace, "Why is it that everyone has left

ihram and you still have not left ihram from your umra?" and he

replied, "I have matted my hair and garlanded my sacrificial animal

and will not leave ihram until I have sacrificed the animal."

190 Yahya related to me from Malik from Jafar ibn Muhammad from

his father from Ali ibn Abi Talib that the Messenger of Allah, may

Allah bless him and grant him peace, killed some of his sacrificial

animals himself, and someone else killed the rest.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

said, "Someone who vows to sacrifice a camel or a cow to Allah should

garland it with two sandals about its neck, and brand it by causing

blood to flow from its side. He should then sacrifice it either at the

House or at Mina on the day of sacrifice. There are no other correct

places apart from those. However, someone who vows to slaughter a

camel or a cow simply as a sacrifice can sacrifice it wherever he

wishes."

Yahya related to me from Malik from Hisham ibn Urwa that his

father used to kill his sacrificial animals while they were standing.

Malik said, "No-one is permitted to shave his head until he

has killed his sacrificial animal, and no-one must sacrifice before

dawn on the day of sacrifice. The things that should be done on the

day of sacrifice are slaughtering, donning clothes, grooming the body

generally (at-tafath) and shaving the head, and none of this may be

done before the day of sacrifice."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that the Messenger of Allah, may Allah bless him and grant him peace,

said, "O Allah, have mercy on those who shave their hair." They said,

"And those who shorten (their hair), Messenger of Allah." He said,

"O Allah, have mercy on those who shave." They said, "And those who

shorten, Messenger of Allah." He said, "And those who shorten."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim

that his father used to go into Makka by night when he was doing umra

and do tawaf of the House and say between Safa and Marwa and delay the

shaving until the morning, but he would not go back to the House and

do tawaf again until he had shaved his head.

Abd ar-Rahman

added, "Sometimes he would enter the mosque and do the witr prayer

there without actually going near the House."

Malik said,

"At-tafath is shaving the head, putting on normal clothes and things

of that nature."

Yahya said that Malik was asked whether a

man who forgot to shave (his head) at Mina during the hajj could shave

in Makka, and he said, "That is permissible, but I prefer the shaving

to be done at Mina."

Malik said, "What we are all agreed upon

here (in Madina) is that no-one should shave his head or cut his hair

until he has killed his sacrificial animal, if he has one, and things

that are haram for him do not become halal for him until he leaves

ihram at Mina on the day of sacrifice. This is because Allah, the

Blessed and Exalted, says, 'Do not shave yourheads until the

sacrificial animal has reached its destination. ' "

Yahya related to me from Malik from Nafi that if Abdullah ibn

Umar had finished the fast of Ramadan and intended to do hajj, he

would not cut his hair or beard at all until he had done hajj.

Malik said, "It is not necessary for people to do the same."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to trim his beard and moustache when he shaved at the end of a

hajj or umra.

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman

that a man came to Qasim ibn Muhammad and said, "I did the tawaf al-

ifada along with my wife, and then I went off onto a mountain path and

approached my wife to make love to her, and she said, 'I have not cut

my hair yet.' So I bit some of her hair off with my teeth and then had

intercourse with her." Qasim laughed and said, "Tell her to cut her

hair with some scissors."

Malik said, "To my liking an animal

should be sacrificed in an instance such as this, because Abdullah ibn

Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice

an animal.' "

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

once met a relative of his called al-Mujabbar who had done the tawaf

al-ifada but, out of ignorance, had not shaved his head or cut his

hair. Abdullah told him to go back and shave his head or cut his hair,

and then go back and do the tawaf al-ifada.

Yahya related to me from Malik that he had heard that when Salim

ibn Abdullah intended to go into ihram he would call for some scissors

and trim his moustache and beard before setting off and before going

into ihram.

Yahya related to me from Malik from Nafi from 'Abdullah ibn 'Umar

that Umar ibn al-Khattab said, "Someone who puts plaits in his hair

should shave his head, and do not plait your hair in such a way that

it seems you have matted it."

Yahya related to me from Malik from Yahya ibn Said from Said ibn

al-Musayyab that Umar ibn al-Khattab said, "Anyone who has braided his

hair, or plaited it or matted it must shave his head."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that the Messenger of Allah, may Allah bless him and grant him peace,

entered the Kaba with Usama ibn Zayd, Bilal ibn Rabah and Uthman ibn

Talha al-Hajabi and locked it behind him and stayed there for some

time.

Abdullah said that he asked Bilal when he came out what

the Messenger of Allah had done there and he said, "He positioned

himself with one support to his left, two supports to his right, and

three behind him (the house had six supports at that time) and then he

prayed."

Yahya related to me from Malik from Ibn Shihab that Salim ibn

Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf

telling him not to disagree with Abdullah ibn Umar about anything to

do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar

went to him just after noon, and I went with him. He called out to him

outside his tent, 'Where is this man?' and a-lHajjaj came out to him,

wearing a blanket dyed with safflower, and said to him, 'What's up

with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to

follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.'

Al-Hajjaj said, 'Wait until I have poured some water over myself, and

then I will come out.' So Abdullah dismounted and waited until al-

Hajjaj came out. He passed between me and my father and I said to him,

'If you want to accord with the sunna today, then make the khutba

short, do not delay the prayer and do the prayer quickly.' Then he

began looking at Abdullah ibn Umar to see if he would say the same

thing, and when Abdullah saw that, he said, 'What Salim is saying is

true.' "

20.64 Doing the Prayer at Mina on the Eighth Day of

Dhu-l-Hijja, and the Jumua at Mina and Arafa

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to pray dhuhr, asr, maghrib, isha and subh at Mina. Then in the

morning, after the sun had risen, he would go to Arafa .

Malik said, "What we are all agreed upon here (in Madina) is that the

imam does not recite the Qur'an out loud in dhuhr on the day of Arafa,

and that he gives a khutba to the people on that day, and that the

prayer on the day of Arafa is really a dhuhr prayer, and even if it

coincides with a jumua it is still a dhuhr prayer, but one which has

been shortened because of travelling."

Malik said that the

imam of the pilgrims should not pray the jumua prayer if the day of

Arafa, the day of sacrifice or one of the three days after the day of

sacrifice, was a Friday.

Yahya related to me from Malik from Ibn Shihab from Salim ibn

Abdullah from Abdullah ibn Umar that the Messenger of Allah, may Allah

bless him and grant him peace, prayed maghrib and isha together at

Muzdalifa.

Yahya related to me from Malik from Musa ibn Uqba that Kurayb,

the mawla of Ibn 'Abbas, heard Usama ibn Zayd say, "The Messenger

ofAllah, may Allah bless him and grant him peace, left Arafa and then,

when he reached ash-Shib, he dismounted and urinated and then did

wudu, though not thoroughly. I said to him, 'It is time for the

prayer, Messenger of Allah,' and he said 'The prayer is ahead of you,'

and then mounted. When we arrived at Muzdalifa he dismounted and did

wudu thoroughly. Then the iqama was said for the prayer and he prayed

maghrib. After that everyone settled his camel in its resting-place,

and then the iqama for isha was said and he prayed it, without having

prayed anything between the two."

Yahya related to me from Malik from Yahya ibn Said from Adi ibn

Thabit al-Ansari that Abdullah ibn Yazid al-Khatmi told him that Abu

Ayyub al-Ansari told him that he prayed maghrib and isha together at

Muzdalifa during the farewell hajj, with the Messenger of Allah, may

Allah bless him and grant him peace.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to pray maghrib and isha together at Muzdalifa.

Malik said that the people of Makka who are doing hajj should

shorten the prayer to two rakas when at Mina until they go back to Ma

ka.

Yahya related to me from Malik from Hisham ibn Urwa from his

father that the Messenger of Allah, may Allah bless him and grant him

peace, prayed four raka prayers with only two rakas when at Mina, and

that Abu Bakr prayed them at Mina with only two rakas, and that Umar

ibn al-Khattab prayed them at Mina with only two rakas, and that

Uthman prayed them at Mina with only two rakas for half of his

khalifate, and then later completed them.

Yahya related to me from Malik from Ibn Shihab from Said ibn al-

Musayyab that Umar ibn al-Khattab prayed two rakas with everybody when

he arrived in Makka. Then, when he had finished, he said, "People of

Makka, complete your prayer, because we are a group of travellers."

Later, Umar ibn al-Khattab prayed two rakas with them at Mina, but we

have not heard that he said anything to them on that occasion.

Yahya related to me from Malik from Zayd ibn Aslam from his

father that Umar ibn al-Khattab prayed two rakas with the people of

Makka, and then, when he had finished, he said, "People of Makka,

complete your prayer, becausewe are a group of travellers." Later,

Umar prayed two rakas with them at Mina, but we have not heard that he

said anything to them on that occasion.

Malik was asked

whether the people of Makka should pray two rakas at Arafa or four,

and whether the amir of the hajj, if he was a Makkan, should pray

dhuhr and asr with four rakas or two, and also how the people of Makka

who were living (at Mina) should pray, and he said, "The people of

Makka should pray only two rakas at Arafa and Mina for as long as they

stay there, and should shorten the prayer until they return to Makka.

The amir of the hajj, if he is a Makkan, should also shorten the

prayer at Arafa and during the days of Mina. Anyone who is living at

Mina as a resident should do the full prayer at Mina, and similarly

anyone who lives at Arafa and is a resident there should do the full

prayer at Arafa."

Yahya related to me that Malik said, "Someone who comes to Makka

at or before the new moon of Dhu'l-Hij ja and goes into ihram for the

hajj should do the full prayer until he leaves Makka for Mina, and

then he should shorten the prayer. This is because he has decided to

stay there for more than four nights."

Yahya related to me from Malik from Yahya ibn Said that he had

heard that on the day after the day of sacrifice Umar ibn al-Khattab

went out a little after the sun had risen and said the takbir, and

everyone repeated it after him. Then he went out a second time the

same day when the sun was well up and said the takbir, and everyone

repeated it after him. Then he went out a third time after mid-day and

said the takbir, and everyone repeated it after him until it resounded

from group to group until it reached the House and people knew that

Umar had left to throw the stones.

Malik said, "What we do

here (in Madina) is to say the takbir during the days of tashriq after

each prayer. The first time is when the imam and everyone with him

says the takbir after the dhuhr prayer on the day of sacrifice, and

the last is when the imam and everyone with him says the takbir after

subh on the last of the days of tashriq, after which he stops saying

the takbir."

Malik said, "The takbirs during the days of

tashriq should be done by both men and women, whether they are in a

group or by themselves, at Mina or elsewhere, and all of the takbirs

should be done. In this everyone follows the imam of the hajj and the

people at Mina, because when everyone returns (to Makka) and comes out

of ihram they keep the same people as imams while out of ihram (as

they did when they were in ihram). Some one who is not doing hajj does

not follow them except for the takbirs during the days of tashriq."

Malik said, "The 'limited number of days' are the days of

tashriq."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that the Messenger of Allah, may Allah bless him and grant him peace,

made his camel kneel down at al-Batha, which is at Dhu'l-Hulayfa, and

prayed there. Nafi said, "Abdullah ibn Umar used to do that."

Malik said, "No-one should go past al-Muarras when he is returning

from hajj without praying there. If he passes it at a time when prayer

is not permissible he should stay there until prayer is permissible

and then pray whatever he feels is appropriate. (This is) because I

have heard that the Messenger of Allah, may Allah bless him and grant

him peace, stopped there to rest, and that Abdullah ibn Umar stopped

his camel there also."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to pray dhuhr, asr, maghrib and isha at al-Muhassab, and then

enter Makka at night and do tawaf of the House.

Yahya related to me from Malik that Nafi said, "They say that

Umar ibn al-Khattab used to send men out to bring people in from

beyond al-Aqaba."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that Umar ibn al-Khattab said, "No-one doing hajj should spend the

nights of Mina beyond al-Aqaba."

Yahya related to me from Malik from Hisham ibn Urwa that his

father said, talking about spending the nights of Mina at Makka, "No-

one must spend the night anywhere except Mina."

Yahya related to me from Malik that he had heard that Umar ibn

al-Khattab used to stop at the first two jamras for such a long time

that someone standing up would get tired.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to stop for a long time at the first two jamras saying, "Allah is

greater", "Glory be to Allah", "Praise be to Allah", and making duas

to Allah, but he did not stop at the jamrat al-Aqaba.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say "Allah is greater" whenever he threw a pebble while

stoning the jamra.

Yahya related to me from Malik that he had heard some of the

people of knowledge saying, "The pebbles used for stoning the jamras

should be like the stones used as slingshot."

Malik said, "I

like it better if they are a little larger than that."

Yahya

related to me from Malik from Nafi that Abdullah ibn Umar used to say,

"Someone who is at Mina when the sun sets in the middle of the days of

tashriq must not leave until he has stoned the jamras on the following

day."

Yahya related to me from Malik from Abd ar-Rahman ibn Qasim from

his father that when people went to stone the jamras they would walk

both going there and coming back. The first one to ride was Muawiya

ibn Abi Sufyan.

Yahya related to me from Malik that he asked Abd ar-Rahman ibn

Qasim, "From where did Qasim stonethe jamrat al-Aqaba?"and he replied,

"From wherever it was possible."

Yahya said that Malik was

asked whether some one else could throw the stones for a child or a

sick man and he said, "Yes, and a sick man should inquire as to when

the stones will be thrown for him and then say the takbir while he is

in the place where he is staying, bleeding. If a sick man regains his

health during the days of tashriq, he should stone whatever stoning

has been done for him and he must offer a sacrificial animal."

Malik said, "I do not consider that someone who stones the jamras

or does say between Safa and Marwa without being in wudu has to repeat

anything, but he should not make a general practice of it."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

used to say, "The jamras should not be stoned during the three days

until after the sun has passed the meridian."

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

Hazm from his father that Abu'l-Baddah ibn Asim ibn Adi told him from

his father that the Messenger of Allah, may Allah bless him and grant

him peace, allowed the camel-herders to spend the night outside of

Mina, and they threw the stones (once) on the day of sacrifice, and

(once) for the following day and the day after that, and (once) on the

day when they left Mina.

Yahya related to me from Malik that

Yahya ibn Said heard

Ata ibn Abi Rabah mentioning that the camel-herders were allowed to

throw the stones at night, and saying that this was in the early

period (of Islam).

Malik said, "The explanation of the hadith

where the Messenger of Allah, may Allah bless him and grant him peace,

allowed the camel-herders to delay the stoning of the jamras is, in

our view, and Allah knows best, that they threw stones on the day of

sacrifice, and then threw again two days later, which was the first

possible day for leaving, and this throwing was for the day which had

passed. They then threw again for the day itself, because it is only

possible for someone to make up for something which is obligatory for

him, and when something obligatory passes someone by (without him

doing it) he must necessarily make it up afterwards (and not

beforehand). So (in the case of the camel-herders), if it seemed

appropriate for them to leave that day, they would have done all that

they were supposed to do, and if they were to stay until the following

day, they would throw stones with everybody else on the second and

last day for leaving, and then leave."

Yahya related to me from Malik from Abu Bakr ibn Nafi from his

father that the daughter of one of Safiyya bint Abi Ubayd's brothers

was bleeding after she had given birth to a child at Muzdalifa. She

and Safiyya were delayed and did not arrive at Mina until after the

sun had set on the day of sacrifice. Abdullah ibn Umar told them both

to stone the jamra at the time they arrived and he did not think that

they owed anything.

Yahya said that Malik was asked about

some one who forgot to stone one of the jamras on one of the days of

Mina until it was evening and he said, "He should throw the stones at

whatever time of day or night he remembers, just as he would pray the

prayer if he forgot it and then remembered it at any time of day or

night. If he remembers (that he has not done the stoning) after he has

returned to Makka, or after he has left, he must sacrifice an animal."

Yahya related to me from Malik from Nafi and Abdullah ibn Dinar

from Abdullah ibn Umar that Umar ibn al-Khattab gave a khutba to the

people at Arafa and taught them the conduct of the hajj, and one of

the things he said to them in his speech was, "When you get to Mina

and have stoned the jamra then whatever is haram for someone doing the

hajj becomes halal, except women and scent. No-one should touch women

or scent until he has done tawaf of the House."

Yahya related to me from Malik from Nafi and Abdullah ibn Dinar

from Abdullah ibn Umar that Umar ibn al-Khattab said, "When someone

has stoned the jamra and shaved his head or cut off some of his hair

and sacrificed an animal, whatever was haram for him becomes halal,

except women and scent, (which remain haram for him) until he has done

tawaf of the House."

Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his

father that A'isha, umm al-muminin, said, "We set out with the

Messenger of Allah, may Allah bless him and grant him peace, in the

year of the farewell hajj and we went into ihram for umra. Afterwards,

the Messenger of Allah, may Allah bless him and grant him peace, said,

'Whoever has a sacrificial animal with him should go into ihram for

hajj and umra together, and he should not leave ihram without leaving

ihram for both of them at the same time.' "

She continued "I

was menstruating when I got to Makka, so I did not do tawaf of the

House or say between Safa and Marwa. I complained to the Messenger of

Allah, may Allah bless him and grant him peace, and he said, 'Undo

your hair and comb it and leave the umra and go back into ihram for

the hajj.' "

She said, "I did so, and when we had completed

the hajj, the Messenger of Allah, may Allah bless him and grant him

peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim

and I performed an umra and he said, 'This is in place of your umra.'

"

"Those who had entered ihram for the umra did tawaf of the

House and say between Safa and Marwa, then left ihram. Then they did

another tawaf after returning from Mina for their hajj, whereas those

who entered ihram for the hajj or combined the hajj and the umra, only

did one tawaf."

Yahya related the same as that to me from

Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim

from his father that A'isha said, "I came to Makka at the time of my

period so I did not do tawaf of the House or go between Safa and

Marwa. I complained to the Messenger of Allah, may Allah bless him and

grant him peace, and he said, 'Do what the people doing hajj do except

do not do tawaf of the House and go between Safa and Marwa until you

are pure.' "

Malik said, concerning a woman who entered ihram

for umra at the time of hajj, and she arrived in Makka during her

period and so could not do tawaf of the House, "When she fears that

the time (for hajj) is getting close, she gets into ihram for the hajj

and sacrifices an animal. She is like someone who combines the hajj

and the umra. One tawaf is enough for her. If a women starts her

period after she has already done tawaf of the House and prayed, she

does say between Safa and Marwa and stops at Arafa and Muzdalifa and

stones the jamras but she does not do the tawaf al-ifada until she is

pure and has finished her menses."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim

from his father from A'isha umm al-muminin that Safiyya bint Huyy

began menstruating and so she mentioned it to the Messenger of Allah,

may Allah bless him and grant him peace, and he asked, "Will she delay

us?" and he was told, "She has already done the tawaf al-ifada," and

he said, "Then she will not delay us. "

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

Hazm from his father from Amra bint Abd ar-Rahman that A'isha umm al-

muminin said to the Messenger of Allah, may Allah bless him and grant

him peace, "Messenger of Allah, Safiyya bint Huyy has begun her

period," and the Messenger of Allah, may Allah bless him and grant him

peace, said, "Perhaps she will delay us. Has she done tawaf of the

House with you?" They said, "Of course." He said, "So you are free to

leave."

Yahya related to me from Malik from AbuRijal Muhammad ibn Abd ar-

Rahman from Amra bint Abd ar-Rahman that when A'isha umm al-muminin

was doing hajj with women who were expecting their periods, she would

hurry them to do the tawaf al-ifada on the Day of Sacrifice. If they

started to menstruate after the tawaf al-ifada she did not stop for

them but left with them while they were menstruating.

Yahya related to me from Malik from Hisham ibn Urwa from his

father from A'isha umm al-muminin that the Messenger of Allah, may

Allah bless him and grant him peace, mentioned Safiyya bint Huyy and

he was told that she had started her period. The Messenger of Allah,

may Allah bless him and grant him peace, said, "Perhaps she will delay

us." They said, "Messenger of Allah, she has done tawaf," and the

Messenger of Allah, may Allah bless him and grant him peace, said,

"Then she will not delay us."

Malik said that Hisham said

that Urwa said that A'isha said, "We have publicized that, so why do

people make their women stay on to their inconvenience? If it were as

they say, more than six thousand menstruating women would still be in

Mina in the morning, all of them having already done the tawaf al-

ifada.' "

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

his father that Abu Salama ibn Abd ar-Rahman told him that Umm Sulaym

bint Milhan asked the Messenger of Allah, may Allah bless him and

grant him peace, for advice one time when she had begun menstruating,

or had given birth to a child after she had done tawaf al-ifada on the

Day of Sacrifice. The Messenger of Allah, may Allah bless him and

grant him peace, gave her permission to leave.

Malik said, "A

woman menstruating at Mina stays until she has done tawaf of the

House. There is no escape from that for her. If she has already done

the tawaf al-ifada and she starts to menstruate afterwards, she may

leave for her country, since permission for the menstruating women to

leave has been transmitted to us from the Messenger of Allah, may

Allah bless him and grant him peace."

He added, "If a woman

starts her period at Mina before she does the tawaf al-ifada, and the

period lasts longer than usual, she has to stay longer than the time

that bleeding would usually detain women."

Yahya related to me from Malik from Abu'z-Zubayr that Umar ibn

al-Khattab gave the judgement of a ram for a hyena, a female goat for

a gazelle, a she-goat less than one year old for a rabbit, and a four

month old kid for a jerboa.

Yahya related to me from Malik from Abd al-Malik ibn Qurayr from

Muhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "I

was racing a friend on horseback towards a narrow mountain trail and

we killed a gazelle accidently and we were in ihram. What is your

opinion?" Umar said to a man by his side, "Come, so that you and I may

make an assessment." They decided on a female goat for him, and the

man turned away saying, "This amir al-muminin cannot even make an

assessment in the case of a gazelle until he calls a man to decide

with him." Umar overheard the man's words and called him and asked

him, "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 recite

surat al-Ma'ida, I would have dealt you a blow." Then he said, "Allah

the Blessed, the Exalted says in His Book, 'as shall be judged by two

men 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 his

father used to say, "For the female of wild animals a cow is given and

for the female of gazelles a sheep."

Yahya related to me from Malik from Yahya ibn Said that Said ibn

al-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 of

Makka were to enter ihram for hajj or umra and there was a flock of

Makkan pigeons in his house and they were shut in and died, "I think

that he should pay for that with a sheep for each bird."

Malik said, I still hear that when a person in ihram kills an

ostrich, a camel is due."

Malik said, "I think that for an

ostrich egg, one tenth of the price of a camel is due in the same way

that there is a newly-born male or female slave for the unborn child

of 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 vultures

count as game for which a price is paid just as a price is paid for

any game which a person in ihram kills. For everything for which a

penalty is paid, the assessment is the same, whether the animal is old

or young. The analogy of that is that the blood-money for the young

and the old freeman, are considered to be the same."

Yahya related to me from Malik from Zayd ibn Aslam that a man

came to Umar ibn al-Khattab and said, "Amir al-muminin, I killed some

locusts with my whip when I was in ihram," and Umar said to him, "Give

a handful of food."

Yahya related to me from Malik from Yahya ibn Said that a man

came to Umar ibn al-Khattab and asked him about some locusts he had

killed 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. A

date 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 one

time he was with the Messenger of Allah, may Allah bless him and grant

him peace, in ihram, and he was suffering from lice on his head. The

Messenger of Allah, may Allah bless him and grant him peace, told him

to 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 of

those it will be enough for you."

Yahya related to me from Malik from Humayd bin Qays from Mujahid

Abu'l Hajjaj from Ibn Abi Layla from Kab ibn Ujra that the Messenger

of Allah, may Allah bless him and grant him peace, said to him,

"Perhaps your pests are troubling you?" He replied that indeed they

were, and the Messenger of Allah, may Allah bless him and grant him

peace, said, "Shave your head and fast three days or feed six poor men

or sacrifice a sheep."

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani

said that an old man from Suq al-Buram in Kufa had related to him that

Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and

grant him peace, came to me while I was blowing under a cooking pot

belonging to my companions and my head and beard were full of lice. He

took my forehead and said, 'Shave your hair and fast three days or

feed six poor people.' The Messenger of Allah, may Allah bless him

and grant him peace, was aware that I did not have anything with me to

sacrifice.'"

Malik said, concerning paying compensation

(fidya) for the relief of physical discomfort, "The custom concerning

it is that no one pays compensation until he has done something which

makes it obligatory to pay compensation just as making amends

(kaffara) is only done when it has become obligatory for the one who

owes it. The person can pay the compensation wherever he wishes,

regardless of whether he has to sacrifice an animal or fast or give

sadaqa -- in Makka or in any other town."

Malik said, "It is

not correct for a person in ihram to pluck out any of his hair or to

shave it or cut it until he has left ihram, unless he is suffering

from an ailment of the head, in which case he owes the compensation

Allah the Exalted has ordered. It is not correct for a person in ihram

to cut his nails, or to kill his lice, or to remove them from his head

or from his skin or his garment to the ground. If a person in ihram

removes lice from his skin or his garment, he must give away the

quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose

or armpit or rubs his body with a depilatory agent or shaves the hair

from around a head wound out of necessity or shaves his neck for the

place of the cupping glasses, regardless of whether it is in

forgetfulness or in ignorance, owes compensation in all these

instances, and he must not shave the place of the cupping glasses.

Someone, who, out of ignorance, shaves his head before he stones the

jamra. 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, "If

someone 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 has

to be slaughtered it may only be done in Makka, but if it is a

sacrifice, it may be slaughtered wherever the one who owes the

sacrifice prefers."

Malik said, concerning someone who wishes to wear clothes that a

person in ihram must not wear, or cut his hair, or touch perfume

without necessity, because he finds it easy to pay the compensation,

"No-one must do such things. They are only allowed in cases of

necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the

method of compensation he makes, and he was asked what kind of animal

was to be sacrificed, and how much food was to be given, and how many

days were to be fasted, and whether the person could delay any of

these, or if they had to be done immediately. He answered, 'Whenever

there are alternatives in the Book of Allah for the kaffara, the

culprit can choose to do whichever of the alternatives he prefers. As

for the sacrifice - a sheep, and as for the fasting - three days. As

for the food - feeding six poor men, for every poor man two mudds, by

the first mudd, the mudd of the Prophet, may Allah bless him and grant

him peace."

Malik said, "I have heard one of the people of

knowledge saying, 'When a person in ihram throws something and hits

game unintentionally and kills it, he must pay compensation. In the

same way, someone outside the Haram who throws anything into the Haram

and hits game he did not intend to, killing it, has to pay

compensation, because the intentional and the mistaken are in the same

position in this matter.' "

Malik said, concerning people who

kill game together while they are muhrim or in the Haram, "I think

that each one of them owes a full share. If a sacrificial animal is

decided for them, each one of them owes one, and if fasting is decided

for them, the full fasting is owed by each one of them. The analogy of

that is a group of people who kill a man by mistake and the kaffara

for that is that each person among them must free a slave or fast two

consecutive months."

Malik said, "Anyone who stones or hunts

game after stoning the jamra and shaving his head but before he has

performed the tawaf al-ifada, owes compensation for that game, because

Allah the Blessed, the Exalted said, 'And when you leave ihram, then

hunt,' and restrictions still remain for someone who has not done the

tawaf al-ifada about touching perfume and women."

Malik said,

"The person in ihram does not owe anything for plants he cuts down in

the Haram and it has not reached us that anyone has given a decision

of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the

fast of three days in the hajj, or who was ill during them and so did

not fast them until he had returned to his community, "He must offer a

sacrificial animal (hady) if he can find one and if not he must fast

the three days among his people and the remaining seven after that."

Yahya related to me from Malik from Ibn Shihab from clsa ibn

Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah,

may Allah bless him and grant him peace, stopped for the people at

Mina, and they questioned him and a man came and said to him,

'Messenger of Allah, I was unclear about what to do and I shaved

before sacrificing,' and the Messenger of Allah, may Allah bless him

and grant him peace, said, 'Sacrifice, and don't worry.' Then another

came to him and said 'Messenger of Allah, I was unclear about what to

do and I sacrificed before throwing the stones.' He advised, 'Throw,

and don't worry.' "

Amr continued, saying that the Messenger

of Allah, may Allah bless him and grant him peace, was not asked about

anything done before or after without his saying, "Do it, and don't

worry."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that when the Messenger of Allah, may Allah bless him and grant him

peace, returned from a military expedition or a hajj or an umra, he

used to say three takbirs on every elevated part of the land, and then

he used to say, "There is no god but Allah, alone, without partner. To

Him belongs the Kingdom and to Him belongs the praise and He has power

over everything. Returning, making tawba, serving, prostrating,

praising our Lord. Allah has promised truly and given His slave

victory and defeated the tribes alone."

Yahya related to me from Malik from Ibrahim ibn Uqba from Kurayb

the mawla of Abdullah ibn Abbas from Ibn Abbas that the Messenger of

Allah, may Allah bless him and grant him peace, passed a woman in a

litter and it was said to her, "This is the Messenger of Allah, may

Allah bless him and grant him peace," and she took the forearms of a

young 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 from

Talha ibn Ubaydullah ibn Kariyz that the Messenger of Allah, may Allah

bless him and grant him peace, said, "Shaytan is not considered more

abased or more cast out or more contemptible or more angry on any day

than on the Day of Arafa. That is only because he sees the descent of

the Mercy and Allah's disregard for great wrong actions. That is

except from what he was shown on the Day of Badr." Someone said, "What

was he shown on the Day of Badr, Messenger of Allah?" He said, "Didn't

he see Jibril arranging the ranks of the angels?"

Yahya related to me from Malik from Zihad ibn Abi Ziyad the mawla

of Abdullah ibn Ayyash ibn Abi Rabia from Talha ibn Ubaydullah ibn

Kariyz that the Messenger of Allah, may Allah bless him and grant him

peace, 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 'There

is no god but Allah, alone, without partner.'"

Yahya related to me from Malik from Ibn Shihab from Anas ibn

Malik that the Messenger of Allah, may Allah bless him and grant him

peace, entered Makka, in the Year of Victory, wearing a helmet, and

when 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 Messenger

of Allah, may Allah bless him and grant him peace, said, "Kill him."

Malik commented, "The Messenger of Allah, may Allah bless him

and grant him peace, was not in ihram at the time, and Allah knows

best."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

was coming from Makka and when he was at Qudayd, news came to him from

Madina and he returned and entered Makka without ihram.

Yahya

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

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala

ad-Dili from Muhammad ibn lmran al-Ansari that his father said that

Abdullah ibn Umar came upon him while he stopped for a rest under a

tall tree on the road to Makka, and he said, "What has made you stop

under this tall tree?" He replied that he sought it's shade. Abdullah

ibn Umar said, "Anything besides that?" and he said, "No, that was the

only. reason he stopped for a rest," and Abdullah ibn Umar said, "The

Messenger of Allah, may Allah bless him and grant him peace, said, 'If

you are between al-Akhshabayn (which are two mountains) near Mina,'

indicating the east with his outspread hand, 'you will find a valley

called as-Surar with a tree in it beneath which the umbilical cords of

seventy prophets have been cut.' "

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

Hazm from Ibn

Abi Mulayka that Umar ibn al-Khattab passed a

leprous woman doing tawaf of the House, and he said to her, "Slave of

Allah, 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, "The

one who forbade you has died, so come out," and she replied, "I am not

going to obey him when he is alive and disobey him when he is dead."

Yahya related to me from Malik that he had heard that Abdullah

ibn Abbas used to say that the area between the corner of the Black

Stone and the door of the Kaba was called al-Multazam.

Yahya related to me from Malik that Yahya ibn Said heard Muhammad

ibn Yahya ibn Habban mentioning that a certain man passed Abu Dharr at

ar-Rabadha (which was about 30 miles from Madina) and Abu Dharr asked

him, "Where are you heading to?" and he replied, "I am intending to do

hajj." Abu Dharr questioned, "Has anything else brought you out?" and

he said, "No," so Abu Dharr said "Resume what you are doing

wholeheartedly."

The man related, "I went on till I came to

Makka and I stayed as long as Allah willed. Suddenly, one time, I was

with a crowd of people thronging about a man and I pushed through the

people to him and it was the old man that I had come across at ar-

Rabadha. When he saw me, he recognized me and said, 'Ah, you have done

what I told you.' "

Yahya related to me from Malik that he asked Ibn Shihab about

making a condition in the hajj that one could leave ihram at any place

where an obstacle befell one and he said, "Does anyone do that?' and

disapproved of it.

Malik was asked whether a man could cut

plants from the Haram for his mount, and he said, "No."

Malik said, concerning a woman who had never been on hajj, "If

she doesn't have a mahram, or if she has, but he cannot come with her,

she does not abandon Allah's making of the hajj obligatory for her.

Let her go in a group of women."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-

Zubayr that A'isha umm al-muminin used to say, "Someone performing

hajj at-tamattu who does not have a sacrificial animal fasts (three

days) from the time he enters ihram for the hajj till the Day of

Arafa, and if he does not fast then, he fasts the days of Mina."

Yahya related to me from Malik from Ibn Shihab from Salim ibn

Abdullah that Abdullah ibn Umar used to say the same concerning that,

as the words of A'isha, may Allah the Exalted be pleased with her.