Muwatta Malik: Chapter 20

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 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 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 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."

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

Malik said, "A man can
only do things while he is alive. When he is dead, his actions stop."

20.7 Wearing
Perfume during Hajj.

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

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."

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.' "

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.' "

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.

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)."

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."

Malik said, "This is
what I have found the people of knowledge in our city doing."

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."

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 said that Malik said, "This is what the people of
knowledge in our city are still doing."

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 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."

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."

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.' "

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."

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."

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.
'

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."

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.

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

Malik
said, "Safif are dried strips of meat."

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.

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, "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 ."

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.

Malik said that he disapproved
of that.

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

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 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.

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. "

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."

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) .

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

Allahumma
la ilaha illa anta, wa anta tuhyi badama amatta.

He said, "Then I saw him hasten around the House
for three circuits."

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."

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."

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."

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."

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."

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."

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. " ' "

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."

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 ."

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."

Malik said, "These days are the days of
tashriq."

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."

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."

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."

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."

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."

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

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 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."

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."

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.' "

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."

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. ' "

Malik said, "It is not necessary for people to do the same."

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.' "

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."

20.64 Doing the Prayer at Mina on the Eighth Day of
Dhu-l-Hijja, and the Jumua at Mina and 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.

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."

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."

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."

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 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 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 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."

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.

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."

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.' "

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."

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 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."

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."

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 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."

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."

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 the same as that to me from Malik from Ibn Shihab.

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."

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.' "

Malik was asked whether a man could cut
plants from the Haram for his mount, and he said, "No."

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.