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Al-Mizan Tafseer


In The Name of Allah, the Beneficent and the Most Merciful
 

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Volume 3: Surah Baqarah, Verses 196-203

And complete the hajj  (pilgrimage) and umrah for Allah, but if you be prevented, then (send) whatever offering (sacrificial animal) is easy to obtain, and do not have your heads until the offering reaches its destination; but whoever among you is sick or has an affliction in his head, then (he should effect) a redemption by fasting, or alms, or sacrifice. But when you are secure (from the hindrance) then whoever enjoys by the 'umrah for the hajj, (he Should offer) whatever offering (sacrificial animal) is easy to obtain; but he who cannot find (any offering) should fast for three days during the hajj (pilgrimage) and for seven days when you return; these (make) 'ten (days) perfect; this is for him whose family dwells not near the Sacred Mosque; and fear Allah and know that Allah is severe in requiting (evil). (196). Hajj is the months well‑known; so whoever determines (to perform) the hajj therein, then there shall be no sexual intercourse, nor bad language, nor quarrelling during the hajj; and whatever good you do, Allah knows it; and make provision, for surely the best provision is piety (guarding oneself against evil),‑ and fear Me, 0 people of understanding! (197) Mere is no blame on you if you seek bounty from your Lord; then when you march from 'Arafat, remember Allah near the Holy Monument, and remember Him Os He has guided you, although before this you were surely of those who had gone astray. (198)'Then march on from whence the people march on, and ask for the forgiveness of Allah; verily, Allah is Forgiving, Merciful. (199) So, when you have performed your rites, then remember Allah as you remember your fathers, rather a more intense remembrance. For, of men there is he who says, "Our Lord! give us in this world", and for him there shall be no portion in the Hereafter. (200) And among them there is he who says, Our Lord! give us good in this world and good in the Hereafter and save us from the chastisement of the Fire". (201) They shall have (their) portion of what they have earned; and Allah is quick in reckoning. (202) And remember Allah during the counted number of days; then whoever hastens off in two days, there is no sin on him, and whoever tarries (there) there is no sin on him, (this is) for him who guards (himself); and fear Allah, and know that you (all) shall be gathered together unto Him. (203)

COMMENTARY

These verses were revealed during the last pilgrimage (hajjatu-l-wida) performed by the Messenger of Allah. They (the verses) promulgated the pilgrimage of enjoyment hajj 't‑tamattu',

Qur'an: And complete the hajj and 'umrah for Allah:

Completeness (tamam) of a thing is the final part, when added to the other parts it makes that thing whole, the thing becomes itself; and then the expected effects follow. When a thing is started and some of its parts are assembled and then the final part is added, it is called itmam (completion, to complete). Perfection (kamal) is a condition, virtue or characteristic which creates such an effect in a complete thing which would not be found in it without that perfection. When a human foetus receives all its limbs and organs, it is its completion. When he is called knowledgeable, courageous or chaste it is his perfection.

Sometimes, completion (tamam) is used metaphorically in place of perfection (kamal) to show the extreme importance of that virtue or characteristic; the speaker implies that that virtue or is not something extra or external, it is an integral part without which the thing would remain incomplete.

In this verse, the completion of hajj and 'umrah has been used in the first (literal) sense; and it is proved by the following sentence, but if you be prevented. Obviously, this means prevented 'from carrying on the hajj and 'umrah to their last rite'; in other words, 'from completing them'. It cannot mean 'prevented from perfecting them'.

Hajj is a well‑known Islamic act of worship, started by the Prophet Ibrahim (a.s.). It continued among the Arabs, and Allah promulgated it for this ummah as a law which would continue up to the Day of Resurrection.

This action begins with ihram and the stay in 'Arafat and then in the Sacred Monument. The pilgrims sacrifice an animal each at Mina, throw stones on the three Stone‑pillars, circumambulate around the Ka'bah, pray, and march between the Safa and the Marwah. There are some other obligations as well.

Hajj is of three kinds: hajju l-ifrad, hajju’ l-qiran, and hajju ‘t-tamattu'. This last one was ordained in the last days of the Messenger of Allah.

'Umrah is another act of worship. In 'umrah, the pilgrims visit the House of Allah after putting on ihram from one of the appointed places. Then they go round the Ka'bah, pray, and march between the Safa and the Marwah and finally cut off some nails or hair.

Hajj and 'umrah are acts of worship and cannot be complete except when they are done for the sake of Allah, as is seen in the sentence: And complete the hajj and 'umrah for Allah.

Qur’an: but if you be prevented . . . offering reaches its destination:

ihsar, means to prevent, to obstruct. The verse refers to being prevented from completing the hajj or 'umrah, after ihram, because of an ailment or enemy. Istisar of a thing means its becoming easy, not difficult; this paradigm implies that that thing acquires easeness for itself.  Hady means the animal presented by one man to another or to a place, to seek someone's pleasure with it. It is derived from hadyah (gift, present) or from huda (to lead to destination) It is used in both masculine and feminine forms, hady  and hadyah like tamr and tamrah (date, Here it means the animals brought or led by the pilgrims for sacrifice during the hajj.

Qur’an: but whoever among you be sick ... or sacrifices:

This sentence is an offshoot of the preceding one, do not shave your heads . . . It implies that the sickness refers to only that one in which the man would suffer if his head were not shaved.

or has an affliction in his head: The conjunctive "or" shows that the affliction here means a suffering other than sickness, like vermine. It figuratively means to be afflicted with vermine, e.g., lice. These two things (sickness and lice) make it lawful to shave the head; but a redemption should be effected by any of the three ways: fast, alms or sacrifice.

It is narrated in a tradition that the fast is for three days; the alms are to feed six poor persons, and the sacrifice is one goat.

Qur’an: But when you are secure (from the hindrance), then whoever enjoys by the 'umrah for the hajj:

It is an offshoot of the sentence: if you be prevented. The meaning is: When you are safe from all hindrances like sickness, an enemy or other such things, then whoever enjoys by 'umrah for the hajj i.e. enjoys because of 'umrah. How does one enjoy because of 'umrah? It is because 'umrah is completed and the, restrictions of ihram are lifted until the time comes to wear ihram again for hajj. Therefore, by (bi,) in by 'umrah (bi 'l‑umrah) is causative. How does 'umrah cause enjoyment ? It is because when 'umrah is completed, the restrictions of ihram like women, perfume, etc. are lifted, and one may enjoy them till the time comes for the ihram of hajj.

Qur’an : (he should offer) whatever offering is easy to obtain:

Obviously, the sacrifice of the animal is an independent rite. It is not a substitute to make up for not wearing ihram of hajj from an appointed place; as it puts uncalled for strain on the mind to infer such a meaning from this verse.

Someone might say: (he should offer) whatever offering is easy to obtain is based on: then whoever enjoys by the 'umrah, just as an effect is based on its condition. In other words, the offering of the sacrifice is prescribed because of the enjoyment. Moreover, the word enjoyment mentioned in the conditional clause hints that the sacrifice is a recompense of that enjoyment which was allowed to lighten the burden and hardship of pilgrims, and the sacrifice compensates for it.

The author says: The above argument is refuted by the phrase, by the 'umrah, i.e. because the enjoyment is allowed after the 'umrah comes to its end. The argument of lightening the burden could be advanced only if the enjoyments were allowed during the 'umrah. But how can the words lightening the burden be used in this case when the 'umrah is already completed and the restrictions of ihram terminated; and when the ihram of hajj is yet to start?

And if there is any hint, it is only that the sacrificing of the animal has been prescribed because of the ordination of enjoyment by the 'umrah for the hajj. There is no hint whatsoever in it that the sacrifice is to compensate for not doing ihram of hajj from the appointed place (miqat) outside Mecca.

Apparently the verse, then whoever enjoys by the 'umrah for the hajj, (he should offer) whatever offering is easy to obtain, mentions hajju 't‑tamattu' as an already prescribed act of worship. It is not the original and initial ordination. It mentions enjoyment (tamattu') as an established fact and then, on the basis of it, prescribes the sacrifice of the animal. It says, whosoever performs hajju 't‑tamattu, shall offer sacrifice. It does not say, "performs hajju 't‑tamattu' and offer  sacrifice". The original and initial prescription of tamattu' comes in the verse which comes later, this is for him whose family dwells not near the Sacred Mosque.

Qur'an: but he who cannot find (any offering) should fast for three days during the hajj and for seven days when you return:

Hajj is mentioned as the time of the fast because the time and place of both are the same. The time of hajj ‑ from the ihram of hajj to the returning from it ‑ is the very time of the three days' fast. There are traditions from the Imams of Ahlu l‑bayt that the time of this fast is before the Day of Sacrifice (10th Dhu ‘l-hijjah) or, if one could not fast at that time then, after the 13th of Dhu l‑hijjah, or, as a last alternative, at the time of returning to one's home.

The time of the seven‑day fast is after returning to one's home, as is clear from the words, when you return. It should be noted that Allah did not say, "at the time of returning". Moreover, the change of pronoun from the (previously used) third person to the second person in when you return is a hint that the hearer is now present ‑ at home.

Qur'an: these (make) ten (days) perfect:

Three and seven together make ten perfect days. The seven days make perfect the previous three days; they do not complete it. The difference between perfection and completion has been explained in the beginning of the verse; and it means that both groups of three and seven days have separate identities with separate rules. The fast of three days is a complete act in itself; it depends on the fast of seven days for its perfection, not completion.

Qu’ran: this is  for him whose family dwells not near the Sacred Mosque:

This order of enjoying by the 'umrah for the Hajj for the non-resident i.e. the person who dwells not less than twelve miles away from the Sacared Mosque. His family (ahlul) here means his dependents, like his wife and children, The non‑resident has been described as he whose family dwells not near the Sacred Mosque. It is a very fine way of expres­sion as it not only promulgates the law but explains its reason also; and that reason is to lighten the burden. The pilgrims who come from far off places for the hajj have to undergo all kinds of troubles, hardships and difficulties during the journey; and when they reach Mecca, they are tired and worn out. They naturally need a place to rest and recuperate. Usually, one gets this rest with his family, but here is a pilgrim whose family dwells not near the Sacred Mosque. Therefore, Allah ordained for him enjoyment (tamattu) he may enjoy himself after completing the 'umrah up to the time of hajj and then may raise his voice in talbiyah i.e. he may wear the ihram of hajj from the Sacred Mosque without going back to an appointed place for that purpose.

It has been explained earlier that it is this sentence that promulgates hajju t-tamatt’ it is a general ordinance, and is not limited to a particular time, or to a particular person, or to a particular situation. It is for all the non‑resident pilgrims, for all times, and for all situations.

Qur’an: and fear Allah and know that Allah is severe in requiting:

This extreme severity in this humiliating way shows that there was a likelihood of the audience rejecting this order or hesitating to follow it. And this is what actually happened. Of all the laws of Islam, hajj had already been practiced by the Arabs since the days of Ibrahim and all its rites were well‑known to, and performed by, them. They were used to those rites, and when Islam came, it let it be, as it was, until the last days of the Prophet's life. Therefore, it was not an easy thing to make any change in its method; they were not expected to accept any change in it willingly. That is why they protested against the law of enjoyment by 'umrah and, as the traditions show, many of them did not welcome that order. So much so that the Prophet felt a pressing need to deliver a lecture telling them that the authority was from Allah only, He ordains as He wishes, and that it was a general order, nobody was exempted from it ‑ neither the Prophet nor the ummah. This explains why the verse ended on such a harsh note, ordering them to fear Allah and threatening them with the chastisement of Allah.

Qur'an: hajj is the months well‑known; . . . nor quarrelling during the hajj:

hajj at the beginning of the verse means "the time of half '. "Well‑known", i.e., to the Muslims; and the sunnah has explained it as Shawwal, Dhu l‑qa’dah and Dhu l‑hijjah. So far as Dhu l‑hijjah is concerned, it is only about a half of the month which is the time of hajj; but there is no objection to counting it as one of the "months" of hajj.

We say: ... The time of our reaching Mecca is Friday". But we reach there at a certain hour and minute, not during the whole day.

The noun hajj has been repeated three times in this verse. Why was the pronoun not used, which could have shortened the sentence? The fact is that the sentence has been shortened by using the noun instead of the pronouns: hajj is the months ... means "the time of hajj"; whoever determines the hajj means the action itself; nor quarrelling during the hajj refers to "the duration and place of hajj. If the noun had not been repeated, it would have been necessary to lengthen the sentence to make the meaning clear.

so whoever determines the hajj  therein: farada fi hinna l-hajj literally means 'makes hajj obligatory therein'; and it implies, "makes hajj obligatory I or himself by beginning its rites", because Allah says, And complete the hajj and 'umrah for Allah. Therefore, once one starts the hajj, it is obligatory on one to complete it, Rafath as mentioned in an earlier verse, literally means to say clearly such words which are generally unmentionable: fusuq means "disobedience" and jidal is "disputation in the talk". But sunnah has explained that in this verse rafath means sexual inter­course; fusuq is lie; and jidal is swearing by the name of Allah ‑ 'No, by God', 'Yes, by God' '

Qur’an: and whatever you do, Allah knows it:

It is a reminder that one's actions are not hidden from Allah; it calls one to piety and fear of Allah, so that one's acts of worship might not be devoid of the spirit of devotion; so that one might not go through the external rites of worship with one's mind absent and one's heart forgetful. This is, generally, the style of the Qur’an in all subjects. You will find it explaining the fundamentals of the faith, narrating the stories of previous peoples, or promulgating laws; but whatever the subject, it is invariably followed by a lesson and an admonition so that knowledge is not without practice. Knowledge without practice has no value in Islam. That is why this exhortation to piety and fear of God was immediately followed by the words, and fear Me, 0 people of understanding. In the preceding sentence the name of Allah was mentioned in the third person (Allah knows it) but immediately it is changed to the first person (fear Me) ‑ it is to show the utmost importance of piety, and to imply that the pious person has not reached nearer to Allah and is now directly addressed by Him.

Qur'an: There is no blame on you if you seek bounty from your Lord:

It is like the words of Allah: O you who believe! when the call is made for prayer on Friday, then hasten to the remembrance of Allah and leave off trading . . . And when the prayer is ended then disperse in the land and seek of the grace of Allah. . . (62:9‑10). The trading of the first verse was changed to the seeking of bounty of Allah in the next one, showing that both are the same. That is why the sunnah has interpreted the words, seek the bounty of Allah in the verse under discussion as "the trading". This verse proves that trading during the pilgrimage is lawful.

Qu’ran: then when you march from ‘Arafat, remember Allah near to the Holy Monument:

ifadah  means going out from a place in a group. This verse, therefore, describes the stay at 'Arafat as well as the stay at the Sacred Monument, i.e. al‑muzdalafah                 

Qu’ran: and remember Him as He has guided you...:

Remember Him intensely enough to be like His guidance to you, although before His guidance you were surely of those who had gone astray.

Qur'an: Then march on from whence the people march on:

The verse makes it compulsory to march on as "the people" were doing, and obliges the immediate audience to follow "the people". This supports the reports that the Qurayshites and their allies (together known as hums) did not stay at 'Arafat; instead they went direct to al‑muzdalafah and stayed therein, claiming that they were the people of the sacred territory of Allah and, therefore, they would not leave that boundary. Allah, therefore, ordered them to march on (to al‑muzdalafah) from whence the other people march on, i.e. from ‘Arafat. in other words, the Qurayshites also must stay at 'Arafat and then march on from there with others.

That being the case, why did Allah mention this order after the order to march from 'Arafat, and begin it with then (thumma)

This sentence has been figuratively written as a sort of istidrik (to catch up what had escaped). The meaning thus, will be: "The rules of hajj are as mentioned above, except that you are obliged to stay at, and march on from, ‘Arafat, not al‑muzdalafah."

Qur'an: So, when you have performed . . . intense remembrance:

It is a call to remember Allah with utmost intensity. The pilgrim should remember Him as he remembers his forefathers, or even more intensely. The grace of Allah on him (i.e. the grace of guidance, as He mentioned it just above, remember Him as He has guided you) is far greater than the right of his forefathers upon him.

It has been said that the Arabs, in the days of ignorance, used to stay at Mina after the rites of hajj to boast vainly about their forefathers, in lectures and poetry. Allah by this verse changed it to His own remembrance.

Aw in aw ashadda dhikran (or a more intense remembrance) is used in the meaning of "rather". The remembrance should be "tense". Remembrance may be intense (in quality) or frequent (in quantity). See, for example, the following verses where the adjective of quantity kathiran (much, frequently) has been used: remember Allah, remembering frequently, (33:35); and the men who remember Allah much (33:35). Re­membrance of Allah, in reality, is not by words alone. It is a thing concerned with the heart and mind; words are merely a demonstration of that feeling. Therefore, it may be described as frequent (in quantity), if one remembers Allah most of the time, as the Qur’an says: Those who remember Allah standing and sitting and reclining on their sides . . . (3:191). And it may be described as intense (in quality) at some other times. As remembrance was ordered for a time (when ,you have finished your rites) when one is liable to divert one's attention from Allah and forget Him, it was appropriate to use the adjective "more intense" rather than "more frequent".

Qur'an: For, of men there is he who says ... what they have earned:

It is based on the sentence: then remember Allah as you remember your fathers, rather a more intense remembrance. Nas (men, people) is general; it describes all human beings, the unbelievers as well as the believer ‑ the unbelievers who only remembers his forefathers. In other words, he only wants the vainglories of this world, only seeks material greatness, and has no concern with the Hereafter. And there is the believer who only seeks the pleasure of Allah, and even when he wants something from this world, he wants only that which his Lord is pleased to bestow upon him.

In view of above explanations, it is clear that the word says in both places does not mean asking or saying in so many Words. It means 'wanting' by one's state and inner feeling. Thus', the verses mean that some people do not "want" anything except this world, and they shall have no portion in the Hereafter; and there are others who do not seek anything except what Allah is pleased to give them whether it be in this world or in the Hereafter; and they shall have their portion in the Hereafter.

Good (hasanah) is mentioned in the saying of the believers but not in that of the unbelievers. It is no secret that the one who wants this world, does not care whether it is good in the eyes of Allah or not. The whole world is sweet and good, in his thinking, if it satisfies his desire and if he can enjoy it. It is diametrically opposed to the thinking of the believer who wants the Hereafter. As the Hereafter will be either good or bad, he only wants and only asks for, the good, and not the bad.

The contrast between the sentences, and for him there shall be no portion in the Hereafter and they shall have (their) portion of what they have earned, shows that the deeds of the first groups (but not of the second) shall be void and forfeited. Allah has said; And We will proceed to what they have done of deeds, so We shall render them like dust scattered in air, (25:23); And on the day when those who disbelieve shall be brought before the fire: You did away with your good things in your life of the world and you took your fill of pleasure in them ... (46:20); so their deeds become void and We will not assign to them any weight on the Day of Resurrection (18:105).

Qur'an: and Allah is quick in reckoning:

sari’u l‑hisab (quick of reckoning) is one of the names of Allah. Its generality suggests that it covers this world as well as the Hereafter. Even now the reckoning is in progress; whenever a man does any good or bad deed, Allah gives him its full recompense.

In short, the purpose of these two verses is to exhort people to remember Allah. Men are of two types: Some want this world, and do not know or remember anything else; such persons have no portion in the Hereafter. And there are others who want what God is pleased to give them; they shall have their share in the Hereafter; and Allah is quick in reckoning ‑ He quickly reckons what His servant wants, and recompenses him according to his wish. Therefore, you should remember Allah so that you may be among those who will get their portion in the Hereafter; do not join that group which does not remember Allah and, therefore, will have no portion. Otherwise, you will be disappointed on that day.

Qur’an: And remember Allah during the counted number of days:

The counted days are the days of brightness, i.e., the 11th, 12th and 13th of Dhu l‑hijjah. The proof that these counted days are after the 10th of Dhu l‑hijjah is that this order has been given when all the rites of hajj have already been mentioned. The proof that they are three days may be found in the next sentence, then whoever hastens off in two days. One may "hasten off" in two days only when the original number of days is three.

And the traditions also have interpreted it in the same way.

Qur’an: then whoever hastens . . . him who guards (himself):

No (la ) here is for negation of a genus. There is no sin on him (la ithma ‘alayh),mentioned in the two sentences means that the pilgrim is free from the genus of sin, i.e. from all sin. Had Allah meant to say that there would be no sin on the pilgrim in hastening off or in tarrying therein, the sentences would have contained some words to show it; but they are unconditional. Therefore, the verse means that the pilgrim who performs the rites of hajj is forgiven all his sins, there remains no sin on him whether he hastens off in two days or tarries therein.

It appears from the above that the aim of this verse is not to show that the pilgrim has an option between hastening off and tarrying; its purpose is to declare that all the sins of the pilgrim are forgiven in either case.

The words: (this is) for him who guards (himself), are not related to the forgiveness of sins; otherwise it would have been "on him who guards (himself)", not "for him". Apparently it is like a previous sentence, this is for him whose family dwells not near the Sacred Mosque. As that sentence pointed to the group which shall be governed by the law of enjoying by 'umrah, likewise, the words, for him who guards, specify those who have the option of hastening off or tarrying therein. This option is for him who guards himself; if someone did not guard himself, then it is not for him. It follows that the guarding here is confined to guarding against those things which Allah has forbidden during hajj. In other words, the meaning is this: This choice is given to him who guards himself from the things forbidden during the ihram. If he was not careful then he must stay a full three days at Mina and remember Allah in those counted days. This meaning has been given in some of the traditions of the Imams of Ahlu l‑bayt.

Qu’ran: and fear Allah ... gathered together unto Him:

The topic ends on the order to fear Allah and on the reminder that all shall be resurrected and gathered unto Him. Piety and fear of Allah cannot be complete, and sins not avoided, unless one remembers the Day of Recompense. Allah says: nose who go astray from the path of Allah, for them shall surely be a severe punishment, because they forgot the Day of Reckoning (38:26).

The choice of the word tuhsharun (you shall be gathered together) at the end of the topic of hajj (where people assemble and gather together from all parts of the world) is highly suitable. Also, it gives a hint that when the pilgrim, at the time of his hajj, sees the gathering and marching together, he should remember the Day when Allah will gather them together and will not leave any one of them behind.

TRADITIONS

There is a tradition from as-Sadiq (a.s.) about the words of Allah, And complete the hajj and 'umrah for Allah. He said: "They are obligatory." [at-Tahdhib and al-Ayyashi]

There is a tradition narrated by Zurarah, Himran and Muhammad ibn Muslim from Abu Ja'far and Abu 'Abdillah (peace be on them). They said: "We asked both Imams about the words of Allah, And complete the hajj and 'umrah for Allah. Both replied: 'Verily, it is the completion of haij that one should not indulge in sexual intercourse, nor in bad language nor in quarrelling'." [al‑'Ayyashi]

as-Sadiq (a.s.) said in a tradition, inter alia: "(Allah) means by their (hajj and 'umrah's) completion, performing them and guarding oneself from the things which a pilgrim in condition of ihram should guard against." [al‑Kafi]

The author says: There is no conflict in these traditions and the meaning of completion (itmam) explained by us in the beginning, because their being obligatory and their performance is the same as completing them.

al‑Halabi narrates from as‑Sadiq (a.s.) that he said: "Verily, when the Messenger of Allah performed the last pilgrimage (hajj), he proceeded (from Medina) on the 26th of Dhu 'l‑qa’dah, until he reached (the Mosque of) Shajarah (which is the miqat) i.e. appointed place of ihram for pilgrims from Medina) and prayed there. Then he led his camel till he reached the desert (i.e. open space) and he re‑affirmed the intention (niyyah) of the ihram  there and said labbayk Allahumma labbayk . . .(talbiyah) of hajj, and drove a hundred camels (of sacrifice); and (likewise) all the people put on the ihram  of hajj'; they did not have the intention of 'umrah, and knew nothing about mut’ah  (enjoyment of 'umrah). When the Messenger of Allah reached Mecca, he circumambulated the House and the people circumambulated with him; then he prayed two rakah near the Stand of Ibrahim and kissed the (Black) Stone. Then he said: 'I begin with what Allah has begun with'. So, he came to (the hill of) Safa, and began from there and went between Safa and Marwah seven times. When he finished his perambulation at Marwah, he stood up before them to give a lecture. (In that lecture he ordered them to end their ihram , and treat it (the rites performed so far) as 'umrah; and that it was a system ordained by Allah. So the people ended their ihram. The Messenger of Allah told them that had he advanced from his affairs what he had delayed (i.e. had he known this system before) he also would have done as they were doing but he could not do so because he had led his sacrificial animals with him and Allah had said: and do not shave your heads till the offering reaches its destination. Suraqah ibn Ja’tham al-Kinani said: 'We have learned our religion as though we were born today. Do you think that this system which you have taught us is only for this year? Or for every year The Messenger of Allah said: 'No. It is for eternity.' And another man stood up and said: '0 Messenger of Allah! Shall we go out for hajj (on 8th of Dhu ‘l-hijjah) and our heads shall be wet (by obligatory bath) because of going unto our women? The Messenger of Allah said: 'Verily, you shall never believe in it'."

The Imam said: "Then ‘Ali (a.s.) proceeded from Yemen till he reached (Mecca near the time of) hajj; and found that Fatimah had ended her ihram, and felt the smell of perfume. So, he went to the Messenger of Allah, to enquire about it. The Messenger of Allah asked him: '0 'Ali! On what did you raise your voice in talbiyah  i.e. what was the intention of your hajj?' He said: '(My intention was) according to the intention of the Prophet.' So, the Messenger of Allah told him: Then you do not end your ihram. Then the Prophet gave him a share in his sacrificial animals, he gave him thirty seven and sacrificed himself sixty‑three, slaughtering them by his own hand.  He took a portion from each sacrifice, put all portions in one pot, and ordered it to be cooked. He ate from it and sipped a little of its soup and said: 'Now we have eaten from all of them. And hajju ‘t-tamattu’ (mut’ah)  is better than hajju l‑qiran in which the pilgrim leads his sacrificial animal, and better than hajju ‘l-ifrad.' " The narrator says: "I asked the Imam whether the Messenger of Allah began his ihram at night in the daytime. The Imam said: 'At daytime'. Then I asked, at what time. The Imam said 'At the prayer of noon (zuhr)!' " [al‑Kafi]

The author says: This matter has been reported in Maimau 'I‑bayan and other books also.  There is a tradition from as-Sadiq (a.s.) that he said: "The 'umrah has entered into hajj upto the Day of Resurrection. Then whoever enjoys by 'umrah for the hajj (he should offer) whatever offering (sacrificial animal) is easy to obtain. Now, no one has any option but to perform hajj t’-tamattu, because Allah sent it down in his book and it was started by the traditions of the Messenger of Allah." [at‑Tahdhib]

There is from as-Sadiq (a.s.) about the word of Allah, whatever offering is easy to obtain, that it is "a goat". [al‑Kafi]

There is from the same Imam that he was asked what was the one doing hajj al‑tamattu to do if he did not get a goat. He said: "He will fast before the day of tarwiyah (8th of Dhu ‘l-hijjah)  and on the day of the tarwiyah and the day of 'arafah (9th of Dhu ‘l‑hijjah)" He was told: "(Suppose) he reached there on the very day of tarwiyah." He replied: "He shall fast three days after tashriq i.e. after 13th He was asked: "What if his camel‑driver did not stay there?" The Imam said: "He shall fast on the day of hasabah and the following two days". It was asked: "And what is hasabah?" He said: "The day of his (return) journey." It was said: "Will he fast when he is on a journey?" He said: "Yes. Is he not on journey on the day of ‘arafah? Verily, we the Alul ‘l-bayt say so. Allah says, should fast for three days during the hajj . Allah means in Dhu l‑hijjah." [Ibid]

ash‑Shaykh has narrated from as‑Sadiq (a.s.) that he said: "Whatever is after the miqat upto Mecca, (its inhabitants) is the dweller of the Sacred Mosque and for him there is no hajju ‘t-tamattu (mutah),

The author says: It means that the residence of the area from the appointed place of ihram up to Mecca come under the term "dwellers of the Sacred Mosque" and they cannot do hajju 't­tamattu'. And there are numerous traditions of the same meaning from the imams of Ahlu l-bayt.

There is a tradition from al‑Baqir (a.s.) about the word of Allah: hajj is the months well‑known, that he said: hajj is in the months well‑known, Shawwal and Dhu 'I‑qad’dah and Dhu l-­hiijah. Nobody can perform hajj in other months." [al-Kafi]

And there is a tradition from as‑Sadiq (a.s.) about the words of Allah: so whoever determines (to perform) hajj therein, that fard (obligation, determination,) is (by) talbiyah (lab­bayk Allahumma labbayk), and ish’ar (putting some recognized signs on the sacrificial animals) and taqlid (putting a string on its neck).  Whichever of these the pilgrim does, he determines to perform the hajj." [ibid]

And there is in the same book from the same Imam under the word of Allah, There shall be no uttering unmentionable words...that rafath means sexual intercourse, fusuq means a lie or abuse and jidal is saying, 'No, by God'; 'Yes, by God'.

It is narrated from as-Saqid (a.s.) about the words of Allah, There is no blame on you if you seek bounty from your Lord, that the bounty (fadl) here means sustenance. When the pilgrim has ended his ihram and performed his rites then he may purchase and sell in that season. [al‑'Ayyashi]

The author says: It is said that according to their belief, trading during the season of hajj was a sin; so Allah removed this misunderstanding with this verse.

And it is said that it means that there is no blame on you if you seek forgiveness from your Lord. This meaning has been narrated by Jabir from Abu Ja'far (a.s.)."[Majma’u ‘l-bayan]

The author says: This tradition looks at "bounty" in its generality and interprets it with its best example.

There is a tradition from as-Saqid (a.s.) about the word of Allah, Then march on from whence the people march on, He said: "Verily, the people of the haram (the Quraysh) used to stay at the Sacred Mosque and other people used to stay at ‘Arafat, and (the Quraysh) did not march on from there until the people of ‘Arafat came in sight (coming from 'Arafat). There was a man, with the patronymic, Abu Sayyar; he had a fast donkey and always went ahead of the people of 'Arafat. When he came into sight they said, 'Here is Abu Sayyar' and then started marching on. So, Allah ordered them (i.e. the people of haram) that they must stay at 'Arafat and march on from there." [al-Ayyashi]

The author says: There are other traditions with this meaning.

There is a tradition from the same Imam about the words of Allah: Our Lord! give us good in this world and good in the Hereafter. He said: 'The pleasure of Allah and the Garden in the Hereafter, and increase in sustenance and good disposition in this world."

And also he said: "The pleasure of Allah, and increase in sustenance and good company; and in the Hereafter, the Garden."

And Ali (a.s.) said: "Good in this world is a virtuous wife and good in the Hereafter is the hour; and the chastisement of the Fire is a bad (ill‑tempered) wife." [ibid]

The author says: These traditions give sortie examples; otherwise the verse is general. The pleasure of Allah can be got even in this world, although its complete manifestation will be in the Hereafter. That is why it may be counted as a good in this world (1st tradition) as well as in the Hereafter (2nd tradition).

There is a tradition from as‑Sadiq (a.s.) about the word of Allah, and remember Allah during the counted number of days. He said: "and they are the days of brightness (tashriq) (the 11th, 12th and 13th of Lunar month). When the Arabs stayed at Mina after sacrificing the animals, they used to boast against one another. One would say: 'My father used to do this and that.' So Allah said: when you have performed your rites, then remember Allah as you remember your fathers, rather a more intense remembrance." He further said: "And the takbir is Allahu akbar, Allahu akbar, la ilaha illallahu wa’llahu akbar, wa lillahi ‘l-hamd, Allah akbar ala ma hadana, Allahu akbar ‘ala ma razaqana min bahimati ‘l-an’am.” [al-Kafi]

The same Imam said: "And the takbir is in the days of brightness from the prayer of noon on the day of sacrifice till the prayer of dawn on the third day. And in (other) towns takbir would be (recited) after ten prayers." [ibid ]

About the word of Allah, then whoever hastens off in two days, there is no sin on him, and whoever tarries (there) there is no sin on him, that as-Sadiq (a.s.) was asked about it, and he said: "It does not mean that lie has the option to do like this if he wishes. But it means that he returns (from hajj) and his sins are forgiven, there is no sin on him. " [Man la yahduruhu ‘l-faiqih]

And there is a tradition from as-Saqid (a.s.) that he said: "He returns and his sins are forgiven, there is no sin on him, (this is) for him who guards (himself)." [al-’Ayyashi]

And there is in al‑Faqih from the same Imam about the word of Allah, (this is) for him who guards (Himself). He said: "He shall guard himself against hunting till the people of Mina return (from it)."

And al‑Baqir (a.s.) said: "(This is) for him who guards himself against sexual intercourse and bad language and quarrelling and those things which Allah has forbidden in ihram." Also he said: "for him who fears Allah."

And as‑Sadiq (a.s.) said: "for him who guards himself against big sins."

The author says: The meaning of the sentence has already been explained. But it is possible to interpret taqwa (piety, fear of Allah) in its general meaning, as has been done in the last two traditions.

TRADITIONS ON MUT’ATU’L-HAJJ  

Al-Bukhari and al‑Bayhaqi have narrated from Ibn 'Abbas that he was asked about hajju 't‑tamattu'(mu’atu l‑hajj  He said: "The Emigrants (muhajirin) and the Helpers (ansar) and the wives of the Prophet raised their voices in talbiyah (i.e. put on ihram) in the last pilgrimage, and we did likewise. When we reached Mecca, the Messenger of Allah said: 'Make (i.e. change) your intention of hajj into that of 'umrah, except the one who has put string on his sacrificial animal.' So we circumambulated the House and (arched) between Safa and Marwah; (then we ended our ihram) and went to the women and put on (sewn) clothes. And the prophet said: He who put string on the sacrificial animal shall not end his ihram until the sacrifice reaches (its destination).' Then he ordered us on the eve of tarwiyah (8th of Dhu l‑hijjah) to raise our voice in talbiyah to wear the ihram of hajj. When we finished the rites (upto Mina), we came and circumambulated the House and (marched) between Safa and Marwah and our hajj was completed. And on us was a sacrifice, as Allah said: Whatever offering is easy to obtain, but he Who cannot find should fast for three days during the hajj and for seven days when you return to your towns; and a goat is enough.  Thus the pilgrims combined the two rites, hajj and 'umrah, in one year. For, verily Allah sent it down in His Book, and His prophet promulgated it and made it lawful for all people except the people of Mecca. Allah has said: this is for him whose family dwells not near the Sacred Mosque. And the months of hajj, which Allah has mentioned, are Shawwal, Dhu l‑qadah and Dhu 'l-hijjah. Therefore, he who performs mu’tatu l‑hajj in these months, on him is a sacrifice or the (10 days') fast. And rafath is sexual intercourse, and fusuq is sins and jidal) is quarrelling." [ad-Durru ‘l-manthur]

al‑Bukhari and Muslim have narrated from Ibn 'Umar that he said: "The Messenger of Allah, in the last pilgrimage, enjoyed by the umrah for the hajj, and offered the sacrifice. He led the sacrificial animals with him from Dhu ‘l-halifah. And the Messenger of Allah began and raised his voice in talbiyah (i.e. put on ihram) of 'umrah. Later on, he raised his voice in talbiyah (i.e. put on ihram) of hajj. And the people enjoyed with the Prophet by the Umrah for the hajj. Some people had taken their sacrificial animals with them, others had not done so. When the Prophet reached Mecca he told the people: 'Anyone of you who has led his sacrificial animal with him, (shall not end his ihram and) no such thing, which was forbidden for him, shall be allowed to him until he performs his hajj. And he who has not taken his sacrifice with him, he will go around the House, and (march) between Safa and Marwah, and cut some hair or nails, and his ihram will come to end; then later he will raise his voice in talbiyah (i.e. will put on ihram) of hajj; and if he cannot find an offering, he will fast for three days during the hajj and for seven (days) when he returns to his family.' " [ibid]

al‑Hakim. has narrated (and said that it is "correct") through Mujahid and 'Ata', from Jabir that he said: "There are many people talking (without knowing the facts). We came out (from Medina) for hajj. When only a few days remained for our ihram to come to an end, we were ordered to (then and there) finish our ihram. We said, 'Well, shall one go to Arafat (at the beginning of hajj) with one's penis dripping semen? This talk reached the Messenger of Allah, so he stood up to deliver a lecture, and said: '0 people! Do you (want to) teach me about Allah? For, by Allah, I am the most knowledgeable of you about Allah, and the most God‑fearing of you. And had I advanced my affair which I kept behind, I would not have taken any sacrifice with me and would have ended my ihram as they had done. Then (at the time of haij) he who did not have any sacrificial animal would fast for three days in the hajj and for seven (days) when he returns to his family; and he who had found animal would slaughter it. Thus, we slaughtered animals for seven days.' " 'Ata' said that Ibn 'Abbas said: "Surely, the Messenger of Allah distributed sheep and goats among his companions that day; and Sa'd ibn Abi Waqqas received a he‑goat and slaughtered it on his own behalf." [ibid]

Ibn Abi Shaybah, al‑Bukhari and Muslim have narrated from Imran ibn Hasin that he said: "The verse of mut'ah came down in the Book of Allah and we did it in the company of the Messenger of Allah, then there did not come down any verse to abrogate the verse of the mut’atu ‘l-hajj, nor did (the Messenger of Allah) forbid it till he died. (And then) one man said by his own opinion what he wished." [ibid]

The author says: This tradition has been narrated (in another place) with different words but the same meaning.

There is a tradition from Mutrif that he said: " 'Imran ibn Hasin sent for me in his illness in which he died, and said: 'I was narrating to you some traditions so that Allah may benefit you by them. Now, if I remain alive, keep them as my secret, and if I die, then narrate them on my authority, because then I will be safe. And know that the Prophet of Allah combined the hajj and the 'umrah; then nothing was sent down on this subject in the Book of Allah, nor was it forbidden by the Prophet of Allah. (But) one man said about it by his own opinion what he wished.' [Muslim; Ahmad ibn Hanbal, as‑Sunan, an‑Nasa’i]

It is reported that 'Abdullah ibn 'Umar was asked about mut’atu ‘l-hajj He said: "It is halal (lawful)." The questioner told him: "Surely, your father forbade it!" He said: "If my father forbade it and the Messenger ' Allah performed it then what do you think I should do? Should I follow the order of my father or the order of the Messenger of Allah?" The man said: "Rather, the order of the Messenger of Allah." He said: "Surely the Messenger of Allah preformed it." [at-Trimidhi, Zadu ‘l-ma’ad]

And there is from Muhammad ibn 'Abdullah that he heard Sa'd ibn Abi Waqqas and Dahhak ibn Qays, (in the year when Mu'awiyah ibn Abi Sufyan performed his hajj) talking about enjoyment by ‘umrah for hajj. Dahhak said: "Nobody shall do it except he who is ignorant of the command of Allah." Sa'd replied: "What evil did you utter, 0 my nephew!" Dahhak said: "But surely 'Umar ibn al‑Khattab forbade it." Sa'd said: "Surely, the Messenger of Allah did it and we did it in his company." [at‑Tirmidhi, as‑Sunan, an‑Nasa’i  as‑Sunan al‑kubra; al‑Muwatta' and al‑Umm]

al‑Bukhari, Muslim and al‑Nasa‑i have narrated from Abu Musa that he said: "I came to the Messenger of Allah while he was in al‑Batha'. He said: 'Did you raise your voice in talbiyah (Did you put on ihram)?' I said: 'I raised my voice as the Prophet did.' He asked me: 'Have you brought any sacrificial animal?' I said: 'No,' The Prophet said: 'Go around the House and (march) between Safa and Marwah, then end your ihram.' So I went around the House and, (marched) between Safa and Marwah. Then (after ending the ihram) I went to a woman from my people, she combed my head and I washed my head. Thereafter, I used to give religious decisions during the rule of Abu Bakr and 'Umar. Once I was standing in the season (of hajj) when a man came to me and said: 'You do not know what the leader of the faithful ('Umar) has invented concerning the rites (of hajj).' So I said: '0 people! Whoever we might have given him our decision, let him wait, because this leader of the faithful is coming to you concerning it.' When he ('Umar) arrived, I asked him: 'What have you invented concerning the rites?' He said: 'if we take the Book of Allah, then Allah says: And completed the hajj and 'umrah for Allah, and if we take the tradition of our Prophet, then he did not end his ihram until he slaughtered the offering.' " [ad‑Durru ‘l-manthur]

Muslim has narrated from Abu Nadrah that he said: "Ibn 'Abbas used to order mutah and Ibn az‑Zubayr used to forbid it. This was reported to Jabir ibn 'Abdullah; so he said: 'On my hand the talk progressed. We did mut'ah in the company of the Messenger of Allah; then when 'Umar stood up (became caliph) he said: "Surely, Allah used to make lawful for the Messenger of Allah whatever He wished from whatever He wished. And surely the Qur’an came down gradually. Therefore, complete the hajj and 'umrah as Allah has ordered you, and separate your hail from your 'umrah, as it is more completing. for your hajj and more completing for your 'umrah .... .. [ibid]

And there is from Abu Musa that 'Umar said: "It (i.e. mutah) is the sunnah (custom) of the Messenger of Allah. But I am afraid that they will sleep with them (i.e. the women) under the trees and then proceed with them as pilgrims." [Ahmad ibn Hanbal] There is a tradition from Sa'id ibn  Musayyab (that he said) that 'Umar ibn al‑Khattab forbade Mut'ah in the months of hajj and said: "I performed it in the company of the Messenger of Allah and I forbid it. And it is because one of you comes from a far away place dishevelled, worn out, having the intention of 'umrah in the months of hajj. And his dishevelment, and tired­ness and talbiyah are only for his ‘umrah. Then he arrives and goes around the House, and ends his ihram and wears sewn clothes) and uses perfume and sleeps with his wife if e with him. Thereafter, when the day of tarwiyah comes he raises his voice in talbiyah of hajj and proceeds to Mina, saying talbiyah of hajj in which there is neither dishevelment, nor tiredness nor talbiyah except for one day only. And the hajj is better than 'umrah. If we leave them on this system, they shall embrace them (i.e. the women) under the trees. Moreover, the people of the House (i.e. Meccans) have neither any cattle nor any crop, and their spring is only those who stay with them." [Jam’u 'l‑jawami] There is from Muslim from Abu Nadrah from Jabir. (Abu Nadrah) said: "I said: 'Verily, Ibn az‑Zubayr forbids mutah and Ibn 'Abbas orders it.' He (Jabir) said: 'On my hand the talk progressed. We did mu’tah in the company of the Messenger of Allah and in the company of Abu Bakr. When 'Umar became ruler, he delivered a lecture before the people and said: "Verily, the Mes­senger of Allah is this Messenger, and the Qur’an is this Qur’an. And, surely, there were two mut'ah's in the days of the Messenger of Allah, and I forbid them and shall inflict punishment for them; one of them is the mu’tah of women; and I will not get hold of a man who marries a woman for a period, but that I shall eliminate him with stones; and the second is the mu’tah of hajj." [as­Sunan al‑kubra]

There is a tradition from Ibn 'Abbas that he said that he heard 'Umar saying: "By Allah, verily I forbid you the mu’tah, and surely it is in the Book of Allah and surely the Messenger of Allah performed it." He meant 'umrah in the hajj. [as-Sunan al-kubra] Muslim has narrated from 'Abdullah ibn Shaqiq that he said: 'Uthman used to 'forbid the mutah and 'Ali used to order it. So, Uthman said something to Ali and Ali said: 'Surely, you know that we performed mutah in the company of the Messenger of Allah.' 'Uthman said: 'But we were afraid'." [ad‑Durru ‘l-manthur]

Ibn Abi Shaybah and Muslim have narrated from Abu Dharr: "Mut'ah in the hajj was (prescribed) especially for the companions of Muhammad (s.a.w.a.)." [ibid.]

Muslim has narrated from Abu Dharr that: "The two mutah's are not suitable but for us especially." He meant the mutah of women and mutah of hajj. [ibid]

The author says: The traditions of this meaning are very numerous, but we have quoted only what was relevant to the scope of our discussion, and that is to discuss the prohibition of mut’atu ‘l-hajj from the point of view of the Tafsir. Sometimes, the argument about it is to see whether the man who prohibited it was right or not, or whether had any excuse for it or not. But such a discussion comes under ‘ilmu ‘l-kalam (Theology); it is outside the limits of our book. And sometimes, the arguments are to see what reasoning has been advanced in the traditions concerning this subject, with special reference to the Qur’an and the sunnah. Such a discussion is based on the meaning of the Qur'an and the traditions. And it is relevant to the subject of this book of ours.

Therefore, we shall look, one by one, into the arguments put in these traditions:‑

First Argument: It is claimed that the words of Allah, And complete the hajj and 'umrah for Allah show that hajju ‘t-tamattu is not lawful, and that hajju ‘t-tamattu’ was especially allowed for the Messenger of Allah. This argument has been put in the tradition of Abu Nadrah from Jabir that 'Umar said: "Surely, Allah used to make lawful for the Messenger of Allah whatever He wished from whatever He wished. And surely the Qur’an came down gradually. Therefore, complete the hajj and 'umrah as Allah has ordered you."

Reply: You very well know that the words of Allah, And complete the hajj and 'umrah for Allah . . . do not say anything except that it is obligatory to complete the hajj and 'umrah after one determines to perform them. For a further proof, see the next sentence, but if you are prevented, i.e. from completing them.

Complete the hajj and 'umrah cannot, by any stretch of imagination, mean that 'umrah and hajj should not be combined. Likewise, there is not even an iota of proof that combining the 'umrah and the hajj was an order given specially to the Prophet only, or to him and his companions on the last pilgrimage only.

By saying that it was an order especially for the Prophet and/ or his companions, one has to accept that it was a system established by the Messenger of Allah. See the tradition of an‑Nasa'i from Ibn 'Abbas that he heard 'Umar saying: "By Allah, verily I forbid you the mut’ah, and surely it is in the Book of Allah and surely the Messenger of Allah performed it."

Second Argument: Mut’atu l‑hajj was forbidden on the basis of the Book of Allah and the tradition of the Prophet. This argument is seen in the tradition of Abu Musa, where 'Umar told him: "If we take the Book of Allah, then Allah says, And complete the hajj and 'umrah for Allah, and if we take the tradition of our Prophet then (we find that) he did not end the ihram until he slaughtered the offering."

Replies: So far as the Book of Allah is concerned, it has just been shown that it goes against his claim. His reference to the tradition of the Prophet is equally weak:

First, he contradicts himself in this claim. He has already said in other traditions (some of which have been quoted earlier) that "surely the Messenger of Allah performed it."

Second: The traditions loudly say that the Messenger of Allah performed it; and that once he raised his voice in talbiyah of 'umrah and later on raised his voice in talbiyah of hajj; and that he admonished the people, saying, "Do you (want to) teach me about Allah?"

The claim of Ibn Taymiyyah at this juncture that the Messenger of Allah had performed hajju ‘l-qiran that year is a very astonishing thing. Even more amusing is his claim that hajju ‘l-qiran was called mut’atu ‘l-hajj!!

Third: What the traditions say is that the Prophet did not shave his head after performing the 'umrah, because his sacrificial animals had not yet reached their destination. But it does not mean that he had not ended his ihram of 'umrah or that he went to hajj with the same ihram. The verse clearly says that the pilgrim who leads his offerings with him, is not to shave his head until the offering reaches its destination. Also, it clearly says that the one whose family dwells not near the Sacred Mosque shall do mut’atu ‘l-hajj. If a non‑resident pilgrim brings his offering with him, he is obliged to perform mut’atu ‘l-hajj (because he is non‑resident) and at the same time, not to shave his head (because the offering is yet to reach its destination.) Merely not shaving the head does not mean that one has not ended one's ihram of 'umrah.

Fourth: Let us accept, for the sake of argument, that the Messenger of Allah himself did not perform mutatu l‑hajj. But it is universally accepted, that he ordered all his companions and family members to perform their hajj according to the newly established system of mut’atu ‘l-hajj. Now which of the two could be called the system promulgated by the Prophet for his ummah? The one which was especially meant for his own self? Or the other which he ordered his ummah to follow and which was also supported by the Qur’an.

Third Argument: It was claimed. that mut’atu ‘l-hajj creates a situation which is riot suitable for the pilgrims. After 'umrah and before hajj, he is allowed to wear beautiful clothes, use perfume and sleep with the women. And it is against the dignity of hajj. This claim is found in the traditions of Abu Musa in which 'Umar is reported as saying: "But I am afraid that they will sleep with them (women) under the trees and then proceed with them as pilgrims." And as he said, according to another tradition: "Surely I know that the Prophet and his companions did it. But I did not like them sleeping with them (i.e. with their women) under the trees and then proceeding to hail with the water dropping from their heads" (because of the obligatory bath).

Replies: It is preferring one's own opinion against a clear order of Allah. Allah and His Messenger had clearly promulgated the system of muta’a tu ‘l-hajj; and Allah and His Messenger knew very well that this system would lead to this supposedly undesirable effect. Still they thought it good for the Muslims. Then why should 'Umar be afraid of this effect?

It is interesting to note that the relevant verse of the Qur’an gives the same reason for the promulgation of this system which he is using to show his displeasure and dislike. Allah says: then whoever enjoys by the ‘umrah for hajj. What is the meaning of enjoyment if not 'taking one's fill of the pleasure', 'sleeping oneself with sexual activities, fine clothes, etc.' So, Allah mentions it approvingly and 'Umar disliked it and was displeased with W!

We are even more astonished when we see that the companions had offered the same criticism against Allah and His Prophet (when the verse was revealed and the Prophet ordered them to adopt the system of muta’a tu ‘l-hajj) which 'Umar used as the basis of his prohibition. See the tradition reported in ad‑Durru l-manthur through al‑Hakim from Jabir in which he says: "We said: 'Well, shall one go to 'Arafat with one's penis dripping semen? This talk reached the Messenger of Allah, so he stood up to deliver a lecture" and replied to their objection and again ordered to perform muta’a tu ‘l-hajj as he had ordered them the first time. Was that reply not enough to bury such displeasure for ever?

Fourth Argument: It is said that this system badly affects the market of Mecca. We see this argument in the tradition of al­Suyuti from Sa'id ibn Musayyab, in which 'Umar says: "The people of the House have neither any cattle nor any crop, and their spring is only those who stay with them."

Replies: This also is preferring one's own opinion against a clear order of Allah. Moreover, Allah has refuted such claims in a similar situation where He says: 0 you who believe Verily, the idolaters are unclean, so they shall not approach the Sacred Mosque after this very year; and if you fear poverty, then soon Allah will enrich you through His grace, if He please; Surely Allah is All‑knowing, All‑wise. (9:28)

Fifth Argument: It is claimed that mut’atu ‘l-hajj is allowed when one is afraid, and when there is no fear there should be no mut’atu ‘l-hajj. It is seen in the tradition of Muslim from Abdullah ibn Shaqiq that 'Uthman said to Ali: "But we were afraid." Also it is written in ad‑Durru l‑manthur that Ibn Abi Shaybah, Ibn Jarir and Ibn al‑Mundhir have reported from Ibn az‑Zubayr that he said in a lecture: "0 people! By Allah, enjoying by 'umrah for hajj is not as you do. It is for the men who raises his voice in talbiyah of hajj, then he is prevented by an enemy or illness or fracture or any other reasons till the days of hajj are gone, then he reaches (Mecca); so he shall change it to 'umrah, and go on enjoying until the next year; then he shall perform hajj and offer sacrifice. This is the meaning of enjoyment by 'umrah to hajj."

Replies: The verse is general and unconditional; it covers those who are afraid as well as those who are not afraid. It has been explained earlier that the sentence which promulgates mut’atu ‘l-hajj is the verse: this is for him Whose family dwells not near the Sacred Mosque. And it is without any condition.

Moreover, the traditions clearly say that the Prophet performed his last pilgrimage as hajju 't‑tamattu' and he did the intention (niyyah) of ihram twice ‑ first for 'umrah and later for hajj. And nobody can say that at that time there was any risk or danger for the Muslims.

Sixth Argument: It is claimed in the two traditions of Abu Dharr, reported in ad‑Durru l‑manthur, that mut’atu ‘l-hajj was a system meant especially for the companions of the Prophet.

Replies: If it means what 'Uthman and Ibn az‑Zubayr claimed that they were at that time in danger and, therefore, it was allowed to them, then the reply given to the fifth argument applies here also.

But if it means that it was a special rule made for them only, then it is refuted by the words of Allah: this is for him whose family dwells not near the Sacred Mosque. It does not say, "this is for the companions of Muhammad only".

Moreover, if it was meant especially for the companions of the Prophet, then why did some of the companions, like 'Umar, ‘Uthman, Ibn az‑Zubayr, Abu Musa, Mu'awiyah, and, according to a report, Abu Bakr reject it?

Seventh Argument: Some people say that 'Umar prohibited it by his own authority as he was Master of the Affairs (khalifah) (waliyu l‑amr) and Allah has made it obligatory on the Muslims to obey the Masters of the Affairs, as He says:

Obey Allah, and obey the Apostle and the Masters of the affair from among you. (4:59)

Replies: The authority vested in the Masters of the Affairs does not cover this case. There are very many verses in the Qur’an which show that, it is compulsory to obey and follow what Allah has revealed to His Prophet: Follow what has been sent down to you from your Lord. . . (7:3)

Whatever was ordained and promulgated by the Prophet was according to the command of Allah, as may be understood from the verses: . . . nor do they prohibit what Allah and His Apostle have prohibited ... (9:29), . . . and whatever the Apostle gives you, accept it, and from whatever he forbids you keep back . . . (59:7). 'Me meaning of gives you is 'orders you', because it is used here as the opposite of "forbids you". It is obligatory to obey Allah and His Apostle by doing what he orders and keeping back from what he forbids.

Likewise, the judgment and decision must be according to the revelation sent down by Allah: and whoso fudges not by what Allah has sent down, these then are the unjust. (5:45) and whoso judges not by what Allah has sent down, these then are the transgressors. (5:47); and whoso judges not by what Allah has sent down these then are infidels. (5:44). Again Allah says: And it is not for a believer man or woman to have any choice in their affair when Allah and His Apostle have decided a matter; and whoever disobeys Allah and His Apostle, indeed he has strayed off a manifest straying (33:36); And thy Lord creates whatever He pleases, and chooses too; it is not theirs to choose ... (28:68). Choosing means judging and legislating, or else it is general in meaning which includes judging and legislating too.

The Qur’an has openly declared that it is a Book not to be abrogated and that its laws will remain as they are up to the Day of Resurrection. And surely it is Mighty Book. Falsehood shall not come to it from before it nor from behind it; a revelation from the All‑wise, the Most Praised One. (41:41‑42). The verse is general and the "falsehood" includes abrogation also, which is rejected by this verse.

In short, whatever has been ordained by Allah and His Prophet, or whatever has been decided by Allah and His Prophet must be obeyed and followed by the whole ummah, the rulers as well as the ruled.

It is obvious from above that the word of Allah, Obey Allah and obey the Apostle and the Masters of the Affair from among you, gives "the Master of Affairs" authority in other than the shari’ah. Because protecting and following the shari’ah is obligatory on the rulers as well as the others; nay! it is more binding on the rulers. The authority of the Masters of Affair (ulu l-amr) is confined to giving orders which they think to be in the interest of the ummah provided that the command of Allah concerning that matter is protected and followed. It is only then that the ummah is expected to obey them.

A man has an option to eat on a certain day and abstain from food next day, while he accepts that it is lawful to him to eat from his own money. He is free to sell or buy at any time, or not to do so, if he so wishes, while the basic matter ‑ trade ‑ is lawful. If someone quarrels with him about his property, he may appeal to the judge to protect his right; on the other hand, he may refrain from doing so; but the basic shari’ah will remain in force that it is his right to bring the matter before the judge. It all depends on his own choice on what he thinks to be in his best interest. But the basic rules remain intact, that it is lawful ‑f or him to eat, sell and buy, or to put his case before the judge.

But he has no right to drink liquor, or take interest or usurp other's property, even if he thought that it was in his best interest. Why? Because it directly conflicts with the laws ordained by Allah.

The above were the examples of personal affairs. In the same way the ruler has the authority to manage the affairs of the state according to the best interest of the ummah, but always protecting and preserving the laws of Allah as He has ordained. For example, he may decide to defend a frontier of the Islamic state at a certain time, or to retreat from it if it is more advantageous. He may announce a public holiday on a certain day and things like that, as he, in his best judgment, thinks beneficial for the ummah. But he cannot change the shari'ah.

In short, as an individual has a right to take a decision in his personal or family affairs, keeping within the limits imposed by the relevant laws, so also, a ruler appointed by the authority of the Messenger of Allah has the authority to take a decision in the affairs of the state and the ummah, keeping within the relevant laws ordained by Allah.

Had a ruler been given authority to manipulate the laws of the divine shari'ah, if he thought that the manipulation was in the interest of ummah, no rule and no law could remain intact; the talk that the shari’ah of Islam was to continue up to the Day of Resurrection would become meaningless.

What is the difference between the three statements appended below?

"The law of enjoying the good things of life is not suitable for the pilgrim who was expected to spend his time in devotion and worship. Therefore, this law must be abolished."

"The laws legalizing slavery are not suitable for the modern world which stands for general freedom. Therefore, these laws must be abolished."

"The penal code of Islam cannot be tolerated by the advanced human society of modem times, nor is that code in conformity with current codes. Therefore, this code must be abolished." Why should the first statement be accepted and the others rejected?

Some traditions on this subject show that this basic principle was raised during that controversy. Ishaq ibn Ra’wiyah (in his al­Musnad) and Ahmad have narrated from Hasan: "Verily, 'Umar ibn al‑Khattab wanted to prohibit mut’atu ‘l-hajj. Ubay ibn Ka'b stood up and said: 'You have no right to do so. Surely, the Book & Allah came with it (i.e., it was promulgated by the Qur'an) and we did 'umrah (of tamattu) with the Messenger of Allah. 'Thereupon, 'Umar came down." [ad‑Durru l-manthur]

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