37. Suddi has said that when Ibrahim and Isma`il arrived at Makkah, they did not know where to build the House of God. Then came a wind that curled around – snake like - forming a small dune indicating the spot for construction. (Bayt Allah in fact, is not the name of the building, but rather, the spot over which the building stands: Shafi`). The reference by “bawwanaa” is to this pointing (Ibn Jarir). This is one meaning of the term. Another is to settle or establish (Qurtubi).

Abu Dharr’s following report is preserved in the Sahihayn. He inquired,

يَا رَسُولَ اللَّهِ أَىُّ مَسْجِدٍ وُضِعَ فِى الأَرْضِ أَوَّلُ؟ قَالَ :« الْمَسْجِدُ الْحَرَامُ ». قَالَ قُلْتُ : ثُمَّ أَىٌّ؟ قَالَ :« ثُمَّ الْمَسْجِدُ الأَقْصَى ». قَالَ قُلْتُ : كَمْ بَيْنَهُمَا؟ قَالَ :« أَرْبَعُونَ سَنَةً ، فَأَيْنَمَا أَدْرَكَتْكَ الصَّلاَةُ فَصَلِّ فَهُوَ مَسْجِدٌ

»

“Messenger of Allah. Which mosque was first to be built?” The Prophet replied, “The Sacred Mosque (at Makkah).” He asked, “Which one next?” He replied, “That at Jerusalem.” He asked, “How long was it between them?” He replied, “Forty years. At all events, when ever Salah catches on you, pray right there, that is the masjid” (Ibn Kathir).

This means the Mosque at Jerusalem was not built by Prophet Sulayman, as the Jews claim. It was built earlier and perhaps destroyed and rebuilt by Sulayman (Au.).

38. Ibn `Abbas has said that when Ibrahim had finished the construction, he was told to proclaim the pilgrimage. He said, “My Lord. How far will my voice go?” He was told, “Proclaim. Upon me is the conveyance.” So Ibrahim proclaimed, “People! Pilgrimage to the Bayt al-`Ateeq has been written on you, so come down in pilgrimage.” His words were heard in the heavens and the earth. And none of the mankind, the jinnkind, trees, animals and mountains heard him but responded, “Here we are, O Allah. “Don’t you see”, Ibn `Abbas added, “how people come to it from far off places? However, Ibn `Abbas seemed to have had the Muslims in mind (Ibn Jarir, Qurtubi). This is how Mujahid, `Ikrimah, Ibn Jubayr and many of the Salaf explained the verse (Ibn Kathir).

Majid adds: “And it is to this proclamation made by Abraham thousands of years ago – before the era of press, the post, the telegraph, the wireless, the radio and other such paraphernalia of modern publicity and propaganda – that mankind has been responding during all these centuries, by performing “the pilgrimage in their tens and hundreds of thousands every year.”

39. Note that Allah did not say, “They will come”, but rather, “They will come to you.” That is, whoever came after that would be considered as having responded to Ibrahim’s call (Qurtubi).

40. Ibn `Abbas, Abu Razin and Sa`id b. Jubayr have said that the allusion is to the benefits accruing from the trade fairs held during the Hajj season. Others have thought that the allusion is to spiritual benefits, and both could be correct (Ibn Jarir). In fact, according to other reports, Ibn `Abbas, Mujahid and others have also said that the allusion is both to the benefits of this world as well as the Next (Qurtubi, Ibn Kathir).

In Asad’s words, “.. i.e., increased consciousness of God through facing the first temple ever dedicated to Him, as well as the consciousness of being part of a brotherhood embracing all believers. Apart from these spiritual benefits, the annual pilgrimage to Mecca provides opportunity for believers from all parts of the world to become acquainted with the many social and political problems that confront the various geographically separated sectors of the community.”

It is miraculous, adds Mufti Shafi’, that although people so often go broke after such ceremonies as marriage, house construction, etc., it is common observation that a man of small means spends off the savings of his life-time on Hajj, but does not go broke for that reason.

41. That is, the days of tashriq (Ibn Jarir from Ibn `Abbas and Dahhak. (See Surah al-Baqarah verse 203 for notes).

Ibn `Abbas thought that they were the day of Sacrifice, plus three following days (i.e., 10th, 11th, 12th and 13th of Dhu al-Hijjah). This also happens to be the opinion of Ahmad ibn Hanbal and Ibrahim Nakha`i, (in their second opinion), as also that of Ibn `Umar (Ibn Kathir).

Ibn Kathir writes: But others, such as Abu Musa al-Ash`ari, Mujahid, Qatadah, `Ataa’, Sa`id b. Jubayr, Hasan, Dahhak, `Ata’ al-Khurasani, Ibrahim Nakha`i, and including Ibn `Abbas, the allusion is to the first ten days of Dhu al-Hijjah. Imam Shafe`i and Ahmad ibn Hanbal were of the same opinion. These are also the most important of days in Islam. The Prophet has said in a narrative preserved by Bukhari:

مَا الْعَمَلُ فِي أَيَّامٍ أَفْضَلَ مِنْهَا فِي هَذِهِ قَالُوا وَلَا الْجِهَادُ قَالَ وَلَا الْجِهَادُ إِلَّا رَجُلٌ خَرَجَ يُخَاطِرُ بِنَفْسِهِ وَمَالِهِ فَلَمْ يَرْجِعْ بِشَيْءٍ

“There is no deed of other days better than those performed in these days.” He was asked, “Not even Jihad in the way of Allah?” He replied, “Not even Jihad in the way of Allah, except that a man should go out with his body and his wealth, and return with nothing on.”

Another hadith encourages that Tahlil, Takbir and Tahmid be said often in these days. Hence, Bukhari reports, Ibn `Umar and Abu Hurayrah would go out into the markets during these ten days and say aloud the Takbir. The people would join them in saying the words.

Hence, Ibn Kathir continues, some have thought that these ten days are of greater importance than those of the last ten days of Ramadan, although some have said that those of Ramadan are of greater importance since the Night of Power falls in them. A third opinion is that the first ten days of Dhu al-Hijjah are the greatest, while the nights of the last ten of Ramadan are the greatest.

Another opinion about the days in question is that of Ibn `Umar, Suddi and Imam Malik. Ibn `Umar said that the ayyam al-ma`lumaat and ayyam al-ma`dudaat put together covered only four days. Of them, the day of Sacrifice and the next two days (10th-12th of Dhu al-Hijjah) are the ayyam al-ma`lumat, while the last three days after the day of Sacrifice (11th-13th) are the ayyam al-ma`dudat.

Majid quotes and comments on other aspects: “`No fetch of religious genius could have conceived a better expedient for impressing upon the minds of the faithful a sense of their common life and of their brotherhood in the bounds of faith. Here is a supreme act of common worship, the Negro of the west coast of Africa meets with the Chinaman from the distant east; the courtly and polished Ottomon recognizes his brother Muslim in the wild islander from the farthest end of the Malayan Sea.’ (Arnold, Preaching of Islam, p. 415) ‘The institution of Hadj does not represent for the Moslems merely a sacred institution but also a League of Nations, an International Academy of Art and Science, and an International Chamber of Commerce all in one. Professor Snouk Hurgronje says: The idea of a league of human races has indeed been approached by Islam more nearly than by any other; for the League of Nations founded on the basis of Muhammad’s religion takes the principle of the equality of all human races so seriously as to put other communities to shame.’ (Lady Cabbold, Intro, pp. XVII-XVIII).”

Fiqh Points

1. A city dweller may not slaughter his sacrificial animal before the `Eid Prayers; a countryside dweller could.

2. According to Imam Shafe`i and the Hanafiyy school, days of sacrifice are four: 10th-13th.

3. Most scholars say that the slaughtering should be carried out during the days of these dates and not nights. Although Imam Abu Hanifah has allowed it during the nights also. (But of course, on 13th the time ends with Maghrib: Au.).

4. It is not wajib, but only preferable that he who sacrifices partakes of the meat of his sacrificed animal. Here, the words ‘eat of it’ have been added because in pre-Islamic days some of the pagans would not eat out of their sacrificed animals.

5. But one may not eat out of what he sacrifices as expiation or against vows.

6. The sacrificed meat cannot be sold off either, nor its skin, or any other part.

7. The division into parts for oneself, friends, and for the poor, is not obligatory, although it has been the practice of some of the Salaf.

8. Imam Abu Haneefah and Nakha`i have disagreed with other Imams and have said that sacrifice is not obligatory on a traveler. Abu Bakr, `Umar and some of the Salaf were also of the same opinion, i.e., sacrifice is not obligatory on a traveler (Qurtubi and others).

42. Asad quotes Pickthall: “The repeated Qur’anic insistence on pronouncing the name of God whenever one slaughters an animal is meant to make the believers ‘realize the awfulness of taking a life, and the solemn nature of the trust which God has conferred upon them in the permission to eat the flesh of animals’ (Marmaduke Pickthall, The Meaning of the Glorious Qur’an).”

43. Asad comments, “.. they (the sacrifices) are meant to commemorate Abraham’s readiness to sacrifice his first-born son after he dreamt that God demanded of him this supreme sacrifice..; furthermore, they are a reminder that God is the Provider of all sustenance and the One who gives life and deals death, and that all must return to him; and, lastly (as stressed by Razi), they are to be the symbols of each believer’s readiness to sacrifice himself in the cause of truth.”

On the practical side, Mufti Shafi` has the following to add: Of the animals slaughtered, there are several kinds. For example, one offered in expiation against an animal hunted down in the Haram, (or in Ihram), in expiation of certain acts committed while in the state of Ihram, which might sometimes require a camel, a cow, or maybe just a sheep; etc. Now, it might be noted that out of the animals slaughtered in expiation of the second kind mentioned above, their meat is prohibited to the one who is supposed to expiate his sin through slaughter. There is no disagreement between the four Fuqaha’ over this issue. Such meat is entirely for the poor. In fact, a rich person cannot be gifted thereof either. As regards other kinds of slaughtered animals, such as those of Hajj, their meat may be consumed by the one who offers the sacrifice. To divide into three parts: one for self, one for relatives and friends, and a third for the poor, is only desirable (mustahab).

44. The textual “tafath” is for impurity, filth or dirt. But authorities have explained it here as meaning hajj rituals. Ibn `Umar, Ibn `Abbas, `Ikrimah and others have said in reference to the words “li-yaqdu tafatha-hum” means, ‘complete the rest of the rituals’ such as, shaving off the head, trimming the moustache, throwing the pebbles, circumambulation of the House, and rest of the hajj rites. However, another opinion has it that the allusion is to cleanliness by way of shaving off the head, trimming of moustaches, removal of arm-pit hair etc. (Ibn Jarir).

`Ata’, Mujahid, `Ikrimah and others were also of the opinion, writes Ibn Kathir, that the allusion by “tafath” is to the shaving of the head, removal of pubic hair, clipping the nails, and removal of the Ihraam (pilgrim garb).

Relying on the linguists, Qurtubi agrees with the above meaning.

45. Some of the ancient scholars, such as Mujahid and `Ikramah have thought that the textual “nadhr” here, at this point, is in the sense of intention. Therefore this part of the text may be understood as, “let them fulfill their intention,” meaning, “let them now complete the rest of the rites of Hajj.” Sufyan and Imam Malik were also of the same opinion (Ibn Kathir).

At all events, it might be remembered, adds Shafi`, that nadhr is proper nadhr if a person vows to do something good, such as, that he will offer so many supererogatory prayers, or will expend so much money etc., if such and such a good thing happens. If that thing happens, then, fulfilling the vow is obligatory (wajib). However, if it was an evil deed that was vowed, (e.g., he would do something prohibited in Islam, if such and such a things happened), then, technically it is not binding to fulfill the vow. In fact, it must be avoided and forgiveness sought through expiation which is now binding on him for breaking an oath. Further, one might also remember that a vow is not a vow proper with merely the intention in the heart. It has to be vocalized in words to become a vow proper, entailing expiation, if not fulfilled. Also see n. 574 of Al-Baqarah

46. There is no difference in opinion that the allusion is to the Tawaf al-Ziyarah, the obligatory circumambulation of Hajj (Tabari, Qurtubi).

47. The translation of “`ateeq” as ancient reflects the literal meaning. (Although the hadith in Tirmidhi to this effect is not sound: Ibn Kathir). Another is that it is in the sense of “freed” since Allah has freed the House of all tyrants. As for its destruction at Hajjaj’s hands, he was actually after `Abdullah ibn Zubayr and not the House which received incidental damage (Ibn Jarir, Qurtubi and others). In fact, there is a hadith to this effect in Tirmidhi who rated it Hasan Sahih (Ibn Kathir and others).

Hajj commandments have appeared at two places in the Qur’an: earlier in Surah al-Baqarah, verses 196-203, and here at this point. A cursory glance reveals that a certain order has been followed. In Surah al-Baqarah they were: Standing at `Arafaat, night-stay in Muzdalifah, followed by three days stay at Mina. And, at this point: sacrifice, cleansing (removal of hair etc.), and then the Final Tawaf al-Ifadah (Au.).

Mufti Shafi` points out that according to the Hanafiyyah and Malikiyyah, it is obligatory (wajib) to follow this sequence, since this is the Qur’anic sequence. Imam Malik declared it Sunnah, not following which entails a decrease in rewards, but expiation is not necessary. Ibn `Abbas has however narrated, “whoever changed the sequence must expiate with a sheep in sacrifice.” This report is in Ibn Abi Shaybah, and, following Hadith Principles, although Ibn `Abbas does not attribute it to the Prophet, it has to be considered as being in fact a statement of the Prophet. (For details see Tafsir Maz-hari). Imam Tahawi has narrated this report through different chains. This also happens to be the opinion of Sa`id b. Jubayr, Qatadah, Nakha`i and Hasan al-Busri. Other scholars however, hold different opinions.

48. The allusion is not only to the sacred sites, but also to the rites of Hajj, as well as to all that is prohibited by Allah (Ibn Jarir).

49. Such as those stated elsewhere in the Qur’an (5: 33):

{حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ وَالْمُنْخَنِقَةُ وَالْمَوْقُوذَةُ وَالْمُتَرَدِّيَةُ وَالنَّطِيحَةُ وَمَا أَكَلَ السَّبُعُ إِلَّا مَا ذَكَّيْتُمْ وَمَا ذُبِحَ عَلَى النُّصُبِ وَأَنْ تَسْتَقْسِمُوا بِالْأَزْلَامِ} [المائدة: 3]

“Forbidden unto you are carrion, blood, swine's flesh, what has been consecrated to other than Allah, a (beast) strangled (to death), or (died) by a violent blow, or by a fall from a height, or one gored with the horns (to death), and (that killed and) devoured by the wild beasts - unless you have sacrificed them duly - and what is slaughtered on the altars, (or) that you seek the shares (in disputed divisions) by the divining arrows” (Ibn Kathir).

50. The textual word “wathan” is applicable to anything that is carved out, whether from wood, stone or metal. Arabs used to fix them up at some prominent place and worship them. The Cross that the Christians carve out is also a “wathan.” When `Adiyy b. Hatim presented himself to the Prophet, with the Cross hanging by his neck, he told him, “Throw that wathan away (Qurtubi).

51. The Prophet is reported to have said,

« عُدِلَتْ شَهَادَةُ الزُّورِ بِالإِشْرَاكِ بِاللَّهِ ». ثَلاَثَ مِرَارٍ ثُمَّ قَرَأَ (فَاجْتَنِبُوا الرِّجْسَ مِنَ الأَوْثَانِ وَاجْتَنِبُوا قَوْلَ الزُّورِ حُنَفَاءَ لِلَّهِ غَيْرَ مُشْرِكِينَ بِهِ)

“False oath has been declared equal to association with Allah.” He said that three times, and then added, “Recite if you will, ‘Shun then, the abomination of the idols and shun the false word’” (Ibn Jarir).

The hadith is in Tirmidhi, about one version of which he said that it is more trustworthy than others of its kind (Au.).

However, there is another in Ahmad of similar meaning. Moreover, we have one in the Sahihayn which says,

أَلَا أُنَبِّئُكُمْ بِأَكْبَرِ الْكَبَائِرِ ثَلَاثًا قَالُوا بَلَى يَا رَسُولَ اللَّهِ قَالَ الْإِشْرَاكُ بِاللَّهِ وَعُقُوقُ الْوَالِدَيْنِ وَجَلَسَ وَكَانَ مُتَّكِئًا فَقَالَ أَلَا وَقَوْلُ الزُّورِ

“Should I not tell you about the greatest of the great sins?” (He said that three times). We said, “Sure, do it, Messenger of Allah.” He said, “Declaring partners unto Allah and abusing the parents.” Then he straightened up from his reclining position and said, “and false oaths.” He kept repeating until we wished he would cease (Qurtubi, Ibn Kathir).

Mawdudi adds: “According to Islamic Law, false testimony is a cognizable offence. Abu Yusuf and Muhammad ibn al-Hasan al-Shaybani (two of Abu Hanifa’s disciples: au.) are of the opinion that if anyone is convicted of false testimony by a court, this should be made public and the person so convicted should be sentenced to a long term of imprisonment. `Umar ibn al-Khattab also held this opinion and applied it. According to Mak-hul, `Umar ibn al-Khattab said, ‘He [i.e., the culprit] should be flogged, his head should be shaved, his face should be blackened, and he should be subjected to long-term imprisonment.’ (See Jassas, Bab Shahadat al-Zur, vol. 3, p. 241).”

52. Associating partners with Allah has been specifically mentioned here because the pagans used to specifically mention “other than Him” during Hajj by saying, “There is no partner unto You, save the ones we suggest” (Thanwi).

53. The allusion is to the mind and thoughts of an unbeliever. He is unsure, unsettled, blown about unanchored to any point of reference (with a point from Alusi).

54. “Sha`a’ir” could also be rendered as rites, rituals, as well as sacred sites but at this point, more appropriate seems to be what Mujahid and others have suggested as alluding to the animals of sacrifice. They must be fed and treated well. This opinion is strengthened by the verse that follows (Ibn Jarir). Bukhari in fact recorded the words of Umamah b. Sahl,

كُنَّا نُسَمِّنُ الْأُضْحِيَّةَ بِالْمَدِينَةِ وَكَانَ الْمُسْلِمُونَ يُسَمِّنُونَ

“We – and the Muslims in general – used to fatten our sacrificial animal at Madinah.”

Several other reports tell us that the animals should not suffer from any bodily defect such as, broken horns, severed earlobes, lame, or seriously sick. Also, one marked for sacrifice may not be sold out to another for slaughter or for any other purpose. According to a hadith in Tirmidhi who rated it Sahih, as well as in others, the Prophet said,

أَرْبَعٌ لاَ يَجْزِينَ فِي الأَضَاحِيِّ : الْعَوْرَاءُ الْبَيِّنُ عَوَرُهَا ، وَالْمَرِيضَةُ الْبَيِّنُ مَرَضُهَا ، وَالْعَرْجَاءُ الْبَيِّنُ عَرَجُهَا ، وَالْكَسِيرَةُ الَّتِي لاَ تُنْقِي

“Four kinds (of animals) are disqualified for ritual sacrifice: those that are obviously one-eyed, obviously sick, obviously lame, and those that which is broken down out of weakness.”

It seems that by the addition of the adjective “obvious” the allusion is to major defects. That is, although one whole and healthy is preferable, one with minor defects would do. According to Abu Da’ud and Ibn Majah, the Prophet sacrificed two castrated, fat, horned rams. It has been conjectured however that the rams must have been castrated without the removal of testicles (Ibn Kathir).

55. That is, in the animals of sacrifice.

56. That is, you can draw benefits of ride, milk, wool, etc., so long as they are not marked off as animals for sacrifice. Once you have done that, these benefits are lost. Hence the words, “In them you have benefits for an appointed term.” This was the opinion of Ibn `Abbas, Mujahid and others (Ibn Jarir).

“Had-yu” is that animal that a pilgrim carries with him at Hajj or `Umrah to the Haram for sacrifice in the Haram area (Shafi`).

However, riding the beast (if there is no other beast available for ride: Shafi`) seems to be allowed. According to a report in Bukhari,

عَنْ أَبِى هُرَيْرَةَ : أَنَّ رَسُولَ اللَّهِ -صلى الله عليه وسلم- رَأَى رَجُلاً يَسُوقُ بَدَنَةً قَالَ :« ارْكَبْهَا ». قَالَ : يَا رَسُولَ اللَّهِ إِنَّهَا بَدَنَةً. قَالَ :« ارْكَبْهَا وَيْلَكَ »

The Prophet saw a man leading a camel. He told him, “Mount her.” The man said, “It is for sacrifice.” The Prophet said somewhat impatiently, “Woe unto you, mount her” (Qurtubi, Ibn Kathir).

Asad gives the last touch: “This stress on the symbolic character of all the rites connected with the pilgrimage is meant to draw the believer’s attention to the spiritual meaning of those rites, and thus to warn him against making, unthinkingly, a sort of fetish of them.”

57. The allusion by “Bayt al-`Ateeq” at this point is to the Haram (and not the House). It is within the boundaries of the Haram alone that ritual animals are to be sacrificed (Thanwi).

Qurtubi, however, states that the pronoun in “mahillu-ha” refers to the sha`aair (rites, sing. sha`eer) of Hajj. And the meaning of the verse then is, “Then the termination of the rituals (sha`aair) should be at the Sacred Mosque.” That is, the Hajj rites should end with the Final Tawaf (Tawaf al-Ifadah). This is how Imam Malik understood it, while the understanding as in the translation was that of (the Hanafiyyah: Shafi`) and Imam Shafe`i.