Introduction to Fiqh-us-Sunnah
Muslim reports: "Abu Bakr ibn Abi Shaibah and Ishaq bin Ibrahim told us that Hatem bin Isma'il al-Madani reported of Ja'far bin Mohammad and he of his father, saying, 'We visited Jabir bin Abdullah (he was blind) and he began inquiring about the people (who had come to see him) till it was my turn. I said: "I am Mohammad ibn Ali ibn Hussein." He placed his hand on my head and opened my upper button and then the lower one, and then placed his hand on my chest (in order to bless me). I was during those days a young boy, and then he said: "You are welcome, my nephew. Ask whatever you want to ask." I asked him a question but it was time for prayer. He stood up covering himself in his mantle. Whenever he placed its ends upon his shoulders they slipped down because it was short (in size). Another mantle was, however, Iying on the clothes rack nearby (and he put it on) and led the prayer. I said to him: "Tell me about the Hajj of the Prophet (peace be upon him)." He held up his nine fingers and said: "The Prophet (peace be upon him) stayed in Madinah for nine years but did not perform Hajj. Then, in the tenth year he made a public announcement to the effect that Allah's Messenger was about to perform the Hajj. A large number of people came to Madinah, and all of them were eager to emulate the Prophet (peace be upon him) and follow his actions.
"We set out with him until we reached Zhul-Hulaifah, where Asma bint 'Umais gave birth to Mohammad ibn Abi Bakr. She sent a message to the Prophet (peace be upon him) asking him: "What should I do?" He said, "Take a bath, bandage your private parts and put on ihram.
"The Prophet (peace be upon him) then prayed in the mosque and then mounted al-Qaswa (his she-camel) and it stood erect with him on its back at al-Baida. As far as I could see in front of me, behind me, on my right and on my left, I saw riders and pedestrians. The Messenger of Allah (peace be him) was prominent among us and the (revelation) of the Qur'an was descending upon him, and it is he who knows (its true) interpretation. Whatever he did, we also did.
He pronounced the Oneness of Allah (saying): Labbaika Allahumma labbaik labbaika la sharika laka labbaik, innal hamda wan-ni'mata laka wal mulk, la sharika lak (O Allah! I hasten to You. You have no partner. I hasten to You. All praise and grace is Thine and the Sovereignty too; You have no partner). And the people also pronounced this talbiyah which they pronounce today. The Messenger of Allah (peace be upon him) did not disapprove of anything in it, but he azhered to his own talbiyah.
Jabir said: "We did not have any other intention but that of Hajj only, being unaware of the 'Umrah, but when we came with him to the House (of Allah), he touched the Black Stone (Hajar al Aswad) and made seven circuits, running three of them and walking four. Then going to the Station of Ibrahim, he recited: "And adopt the Station of Ibrahim as a place of prayer.'' (Qur'an 2.125) He stood at a place where the Station (of Ibrahim) was between him and the House. There he prayed two rak'ahs reciting Surah Al-lkhlas, and Surah Al-Kafirun. He then returned to the Black Stone (Hajar al A.sl~ad) and kissed it. Then he went out of the gate to Safa, and as he approached it he recited: "Al-Safa and al-Marwah are among the signs appointed by Allah," (Qur'an 2.15) (adding:) I begin with what Allah began. He first mounted Safa until he saw the House, and facing Qiblah he declared the Oneness of Allah and glorified Him and said: La ilaha illa Allah wahdahu la sharika lahu, lahul mulk wa lahul hamd, wa huwa 'ala kulli sha'in qadeer, la ilaha illallahu wahdahu anjaza wa'dahu, wa nasara 'abdahu, wa hazamal ahzaba wahdah (There is no God but Allah, One, He has no partner. His is the Sovereignty, to Him praise is due, and He is Powerful over everything. There is no God but Allah alone, Who fulfilled His promise, helped His servant and routed the confederates alone").
He said these words three times making supplications in between. He then descended and walked towards Marwah, and when his feet touched the bottom of the valley, he ran; and when he began to ascend, he walked till he reached Marwah. There he did as he had done at Safa.
"When it was his last round of Marwah he said: 'If I had known beforehand what I have come to know afterwards, I would not have brought sacrificial animals and would have offered it as an 'Umrah. So, he among you who has not the sacrificial animals with him should put off ihram and treat it as an 'Umrah. Suraqa ibn Malik ibn Ju'tham got up and said, 'Messenger of Allah, does it apply to the present year, or does it apply forever? Thereupon the Messenger of Allah (peace be upon him) intertwined the fingers (of one hand) into another and said twice: 'The 'Umrah has become incorporated in the Hajj,' (adding): 'No, but forever and ever.'
"Ali came from Yemen with the sacrificial animals for the Prophet (peace be upon him) and found Fatimah (Allah be pleased with her) to be one among those who had put olf ihram. put on dyed clothes, and had applied kuhl*. Ali showed diiapproval of it, whereupon she said: 'My father has commanded me to do this.' (The narrator) said that Ali used to say in Iraq: 'I went to the Messenger of Allah (peace be upon him) showing annoyance at Fatimah for what she had done, and asked the Prophet (peace be upon him) regarding what she had narrated from him, and told him that he was angry with her, whereupon the Prophet (peace be upon him) said: 'She has told the truth; she has told the truth.'
"(The Prophet then asked Ali): 'What did you say when you put on ihram?' I (Ali) said: 'O Allah, I am putting on ihram for the same purpose as Your Messenger has put it on.' Thereupon the Prophet (peace be upon him) told him, 'I have with me sacrificial animals, so do not put off the ihram.'
"(Jabir) said: 'The total number of those sacrificial animals brought by Ali from Yemen and of those brought by the Prophet (peace be upon him) was one hundred. All the people except the Prophet (peace be upon him) and those who had with them sacrificial animals, put off ihram and got their hair clipped. When it was the day of Tarwiya (8th of Zhul-Hijjah) they went to Mina and put on the ihram for Hajj and the Messenger of Allah (peace be upon him) rode and led there, the noon, afternoon, sunset, 'Isha and dawn prayers. He then waited a little till the sun rose, and commanded that a tent of hair should be pitched at Namira.
"The Messenger of Allah (peace be upon him) then set out and the Quraish did not doubt that he would halt at Al-Mash'ar Al-Haram (the sacred site) as the Quraish used to do in the pre-Islamic period. The Messenger of Allah (peace be upon him), however, passed on till he came to 'Arafah and he found that the tent had been pitched for him at Namira. There he got down till the sun had passed the meridian; he commanded that al-Qaswa be brought and saddled for him. Then he came to the bottom of the valley, and addressed the people saying: Verily your blood, your property are as sacred and inviolable as the sacredness of this day of yours, in this month of yours, in this town of yours.
Behold! Everything pertaining to the Days of Ignorance is under my feet, and completely abolished. Abolished are also the blood-revenges of the Days of Ignorance. The first claim of ours on blood-revenge which I abolish is that of the son of Rabi 'a ibn al-Harith, who was nursed among the tribe of Sa'd and killed by Huzhail. And the usury of the pre-Islamic period is abolished, and the first of our usury I abolish is that of 'Abbas ibn 'Abd al-Muttalib, for it is all abolished.
Fear Allah concerning women! Verily you have taken them on the security of Allah, and intercourse with them has been made lawful unto you by word of Allah. You too have rights over them, in that they should not allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise them but not severely. Their rights upon you are that you should provide them with food and clothing in a fitting manner.
I have left among you the Book of Allah, and if you hold fast to it, you will never go astray. And you will be asked about me (on the Day of Resurrection), (now tell me) what would you say? They (the audience) said: "We will bear witness that you have conveyed (the message), discharged (the ministry of Prophethood) and given wise (sincere) counsel." He (the narrator) said: "He (the Holy Prophet) then raised his forefinger towards the sky and pointing it at the people (said): 'O Allah, be witness. O Allah be witness,' saying it thrice' ."
"Then azhan was pronounced and later on iqama and the Prophet (peace be upon him) led the noon prayer. Then another Iqama was pronounced and the Prophet (peace be upon him) led the afternoon prayer and he observed no other prayer in between the two. (This proves the validity of joining Zuhr and 'Asr prayer on this day, at this place. There is consensus on it, but there is disagreement as to its cause. Abu Hanifah and some Shafi'i scholars hold that it is a part of Hajj, but the majority of Shafi'i scholars hold it is due to journey) The Messenger of Allah (peace be upon him) then mounted his camel and came to the place where he was to stay. He made his she-camel, al-Qaswa, turn towards the rocky side, with the pedestrian path Iying in front of him. He faced the Qiblah, and stood there until the sun set, and the yellow light diminished somewhat, and the disc of the sun totally disappeared. He made Usama sit behind him, and pulled the nosestring of Qaswa so forcefully that its head touched the saddle (in order to keep her under perfect control), and pointing out with his right hand, advised the people to be moderate (in speed) saying: "O people! calmness, calmness!" Whenever he passed over an elevated tract of land, he slightly loosened the nose-string of his camel till she climbed up. This is how he reached al-Muzdalifah."
"There he led the evening and 'Isha prayers with one azhan and two iqamas and did not glorify (Allah) in between them (i.e. he did not observe supererogatory rak 'ahs between Maghrib and 'Isha prayers). The Messenger of Allah (peace be upon him) then lay down till dawn and offered the dawn prayer with an azhan and iqama when the morning light was clear. He again mounted al-Qaswa, and when he came to Al-Mash'ar Al-Haram, he faced Qiblah, and supplicated to Allah, Glorified Him, and pronounced His Uniqueness and Oneness, and kept standing till the daylight was very clear.
"He then went quickly before the sun rose, and seated behind him was Al-Fadl ibn 'Abbas, who wa.s a man with beautiful hair, fair complexion, and handsome face. As the Messenger of Allah (peace be upon him) moved on, a group of women riding camels was also passing. Al-Fadl began to look at them. The Messenger of Allah (peace be upon him) placed his hand on Al-Fadl's face who then turned his face to the other side, and began to look, and the Messenger of Allah (peace be upon him) turned his hand to the other side and placed it on Al-Fadl's face. He again turned his face to the other side till he came to the bottom of Muhassir. He urged her (al-Qaswa) a little, and, following the middle road, (This proves that it is sunnah to follow a different road on the way back from Arafah than the one taken while going toward it. The Prophet (peace be upon him) went by the Dab road to Arafah. Similarly he used to take different routes going to or coming back from 'Eid prayers) which comes out at the greatest Jamarah, he came to the Jamarah which is near the tree. At this he threw seven small pebbles, saying, 'Allahu Akbar' while throwing every one of them in a manner in which the small pebbles are thrown (holding them with fingers) and this he did while at the bottom of the valley. (That is, he stood there at a place where Mina, Arafah and Al-Muzdalifah were on his right, and Makkah on his left side)
"He then went to the place of sacrifice, and sacrificed sixty-three (camels) with his own hand. He shared the remaining camels with Ali, who sacrificed them. He then commanded that a piece of meat from each sacrificed animal be put in a pot. When it was cooked, both of them (the Prophet and Ali) ate some of it and drank its soup.
"The Messenger of Allah (peace be upon him) again rode and came to the House (of Allah), where he performed Tawaf Al-Ifadah and oftered the Zuhr prayer at Makkah. He came to the tribe of 'Abd al-Muttalib, who were supplying water at Zamzam, and said: 'Draw water, O Banu 'Abd al-Muttalib; were it not that people would usurp this right of supplying water from you, I would have drawn it along with you.' So they handed him a bucket and he drank from it."
The scholars said: "This hadith is one of its kind. It contains lots of valuable information." Al-Qadi 'Iyad said: "Many scholars have spoken (and written) at great length about the legal injunctions contained in this hadith." Abu Bakr ibn Al-Munzhir has listed a large part of these identifying about one hundred and fifty injuctions. He observes that if he had analysed more closely this number would almost double.
The scholars said: This hadith indicates that for the women giving birth to a child or having monthly periods it is sunnah - and much more so for others - to take a bath when they intend to perform Hajj or 'Umrah. It also teaches us that the women who are menstruating or are still in their confinement after childbirth, should clean themselves properly, cover their private parts with a piece of cotton, then declare their ihram. It also indicates that ihram must be declared after offering either a fard or a supererogatory prayer. After declaring ihram one should utter talbiyah loudly and preferably use the same words as used by the Prophet (peace be upon him). However, there is no harm in adding similar phrases as 'Umar did: "O Allah! I answer Your call, You Who gives blessings and good favors. I answer Your call fearing You, and wishing Your favor."
This hadith also indicates that a pilgrim must first come to Makkah where one must perform circumambulation of arrival in Makkah (Tawaf qudoom), and touch the Black Stone--if possible--and make the first three rounds running, while making the other four walking at normal speed. The running is done around the Ka'bah except between the Yemeni Corner and the Black Stone.
After making the Tawaf one must go to the Station of Ibrahim (peace be upon him) and recite the verse: "Take the Station of Ibrahim as a place for prayer." Then standing there, with the Station of Ibrahim between him and the Ka'bah, he should pray two rak'ahs reciting after Al-Fatihah, Surah Al-Kafirun in the first rak'ah, and Surah Al-lkhlas in the second rak'ah. This hadith also indicates that touching the Black Stone again prior to leaving the Sacred Mosque is recommended (if possible), just as one did upon entering it. There is consensus among the scholars that touching (kissing) the Black Stone is sunnah.
After that, one must make Sa'i and for this purpose go to mount Safa. climb it, face the Ka'bah and make supplications three times to Allah. Then. one must climb down and walk toward Marwah, while jogging in the marked area called bainal milain between Safa and Marwah every time one passes this area during the seven rounds not just in the first three rounds as in Tawaf. On reaching Marwah one should climb it just as one climbed Safa, make supplications, and make remembrance.
Completion of all these rites will complete one's 'Umrah. Now one should either shave one's head or clip some of one's hair to get out of the state of ihram. This is precisely what the Companions of the Prophet (peace be upon him) did when the Prophet (peace be upon him) commanded them to change their Hajj to 'Umrah. As for the pilgrim who is combining Hajj and 'Umrah, he must not shave or clip his hair, but should remain in his state of ihram.
On the 8th of Zhul-Hij jah. those who had put off their ihram after making 'Umrah, should again put on ihram to perform pilgrimage, and then head to Mina with those who combine Hajj and 'Umrah. It is sunnah to offer the five daily prayers in Mina and to spend the night of the 9th of Zhul-Hijjah there.
It is also sunnah not to leave Mina for 'Arafah until after the sunrise, and not to enter 'Arafah until the sun begins to decline, and after ot'fering both Zuhr and 'Asr prayers, which the Prophet (peace be upon him) offered at Namira which is not a part of 'Arafah. The Prophet (peace be upon him) did not enter his quarters at 'Arafah until after otfering Zuhr and 'Asr prayers. Moreover, it is also sunnah of the Prophet (peace be upon him) to offer some supererogatory (nawafil) prayers in between these two prayers.
The imam should give a sermon before the prayer, which is one of the sunnah sermons in pilgrimage. The second sermon is given by the imam on the 7th of Zhul-Hijjah after Zuhr prayer in the Ka'bah. The third of these sunnah sermons is delivered on the 10th of Zhul-Hijjah, the day of slaughtering. And the fourth sermon is given on the day the people leave (yawm an-nafr)--the 11th day of Zhul-Hijjah.
This hadith also contains some important manners and etiquette for performing Hajj and 'Umrah:
-2- It is better to spend the time at 'Arafah riding one's mount.
-3- It is better to stand by the rocks or close to them as the Prophet (peace be upon him) did.
-4- One should face Qiblah while in 'Arafah.
-5- One must stay at one's quarters in 'Arafah until sunset.
-6- One should make supplications to Allah, raising one's hands to one's chest, and after the sunset calmly and quietly leave 'Arafah. And if one is in a leading position one should ask others to do likewise.
-7- Upon arriving at Al-Muzdalifah, one should combine Maghrib and 'Isha prayers with one azhan and two iqamahs.
-8- One may not offer any nawafil prayers in between these two prayers. There is consensus among Muslim scholars about combining these two prayers. They differ, however, concerning the reason for it. Some claim that it is a part of the rites of the Hajj, while others say it is a permission granted to them, because they are traveling.
-9- Spending the night at Al-Muzdalifah is also sunnah. All scholars agree that it is part of the Hajj rites. They do, however, differ on whether spending the night there is obligatory or sunnah.
-10- It is also sunnah to offer Fajr prayer at Al-Muzdalifah, and then depart from it for Al-Mash'ar Al-Haram to stop there and make supplications. Stopping there is a part of the Hajj rite.
-11- It is sunnah to leave Al-Mash 'ar Al-Haram when dawn is well advanced and go to the bottom of Mohassir valley. When in this valley one should walk fast because this is the place where Allah's wrath descended upon the Companions of the Elephant.
-12- On reaching the jamarah--jamarah al 'aqabah--one should throw seven pebbles at it, and with each throw say Allahu Akbar. The pebbles should be no more than the size of a cereal seed (beans).
-13- After this one should offer his sacrifice, if one has one, slaughtering it with one's own hands. After slaughtering one may shave one's head.
-14- Now one must go to Makkah to perform Tawaf ifadah also known as Tawaf az-ziyarah or circumambulation of visit.
One is thereafter permitted to engage in any lawful activity that was unlawful for him while in the state of ihram, including sexual intercourse with one's wife. A person who has thrown pebbles at Jamarah al- 'Aqabah, but has not performed the circumambulation of if adah (or ziyarah) may engage in any lawful activity except sexual intercourse with his wife.
That is the guidance of the Prophet (peace be upon him) concerning Hajj. It explains what he meant when, according to a hadith, he said: "Take your rites from me," for his Hajj alone is the real and true Hajj.
In the following pages we will deal in detail with all these rites, and the opinions of various scholars concerning them.