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Fiqh-us-Sunnah - 5.35
Hadith 5.35.1
Putting on Ihram Without Specifying Its Kind
If a person puts on ihram with the intention of performing whatever Allah has prescribed for him without specifying any of the above three kinds due to lack of knowledge. his ihram would be quite lawful and valid.
The scholars said: "If such a person utters talbiyah like others with the intention of performing the rituals (of Hajj), but says nothing in words, nor makes an intention in his heart, nor specifies whether it is tamattu', ifrad, or qiran Hajj that he intends, his pilgrimage would still be valid, and he will be reckoned to have made one of the three kinds of Hajj.
Hadith 5.35.A
Tawaf and Sa'i for those Performing Qiran and Tamattu'--The People Living Within the Sacred Precincts of Ka'bah May Perform Ifrad (Hajj only)
Ibn 'Abbas was once asked about the break between 'Umrah and Hajj to which he replied: "The Muhajirun (immigrants from Makkah), the Ansar (people of Madinah), and the wives of the Prophet (peace be upon him) declared their intention to perform the Farewell Hajj. So we also declared our intention to do the same. Upon arrival in Makkah, the Prophet (peace be upon him) said: "Make your declaration of intention for 'Umrah only, except for those who have already designated their sacrificial animals, and brought them along with them." We made Tawaf of Ka'bah, walked seven times between Safa and Marwah.
Then we consorted with our wives and wore our regular clothes. The Prophet (peace be upon him) further told us: "Those who have garlanded (i.e., marked) their sacrificial animals, they must not break their state of ihram until the animal reaches the slaughter house to be offered in sacrifice. Then we were commanded by the Prophet (peace be upon him) to declare our intention for Hajj on the night of the 8th of Dhul-Hijjah. After completing all the rites of Hajj, we went and circumambulated around the Kabbah, walked between Safa and Marwah, and thus we completed Hajj and we offered the sacrifice as Allah says, "If anyone wishes to continue the 'Umrah onto the Hajj, he must make an offering such as he can afford, but if he cannot afford it, he should fast three days during the Hajj and seven days on his return ... (to his country)." (Qur'an 2.196) Offering a sheep in sacrifice is enough for this purpose. These Companions of the Prophet (peace be upon him) combined two worships in one year: Hajj and 'Umrah. Allah has mentioned it in His Book and (reinforced it) by the practice of His Prophet (peace be upon him), making it permissible for all people, excepting the residents of Makkah. Allah says (Qur'an 2.136): "This is for those whose household is not in (the precincts of) the Sacred Mosque." The Hajj months referred to are Shawwal, Dhul-Qui'dah and DhulHijjah. So whosoever combines an 'Umrah and Hajj during these months has to offer a sacrifice, or observe fast. This is reported by Bukhari.
This hadith proves that the residents of Makkah can neither perform qiran nor tamattu'. They may perform if rad only--a single Hajj or a single 'Umrah. This is the opinion of Ibn 'Abbas, and Abu Hanifah in the light of Allah' s words, "This is for those whose household is (in the precincts of) the Sacred Mosque."
There is disagreement among scholars concerning "those whose household is (in the precincts) of the Sacred Mosque." Malik holds that they are the people of Makkah.
Al-A'raj agrees with this view and also At-Tahawi who preferred this view. Ibn 'Abbas, Taw'us, and another group are of the opinion that it is the people living within the sacred precincts of Haram, which according to Al-Hafiz, is quite apparent. Ash-Shafi'i holds that any one living around Makkah at a distance not more than that at which one is permitted to shorten regular prayers is a resident of Makkah. Ibn Jarir agrees and prefers this view. The Hanafi scholars hold that all those living within or at the miqat are residents of Makkah. In this regard, the place of residence and not the place of birth of a person is taken into account.
The above hadith also indicates that a person who performs Hajj tamattu' must first make a tawaf of Ka'bah and Sa'i between Safa and Marwah. This will suffice him for tawaful qudum (circumambulation of arrival) which is performed as a greeting to the Sacred Mosque upon arrival there. Then, after the Day of 'Arafah, such a person shall make another tawaf, tawaf ifada. and perform another Sa'i between Safa and Marwah.
As for the qarin, the pilgrim who combines 'Umrah and Hajj and remains in a state of ihram after the first 'Umrah, the scholars are of the opinion that he needs to perform only one tawaf (seven circumambulations around Ka'bah) and one Sa'i (seven rounds between Safa and Marwah) for both the Hajj and 'Umrah. The case of such a person is very much similar to the pilgrim who performs ifrad (Hajj only).
Jabir reported: "The Prophet (peace be upon him) combined Hajj and 'Umrah, with one tawaf." This is transmitted by Tirmidhi, who considers it a sound hadith.
Ibn 'Umar reported that the Prophet (peace be upon him) said: "He who declared his intention to perform Hajj and 'Umrah together, may perform one tawafand one Sa'i for them." This is reported by Tirmidhi, with the remarks that this is a hasan gharib hadith. Ad-Daraqutni has also reported it, but he adds: "One must not terminate one's state of ihram until one has completed both (the Hajj as well as 'Umrah)."
The Prophet (peace be upon him) told 'Aishah: "Your tawaf of the Ka'bah and Sa'i between Safa and Marwah will suffice you for both Hajj and 'Umrah." This is reported by Muslim.
Abu Hanifah, however, is of the view that in such a case (i.e., combining Hajj and 'Umrah) lawaf and Sa'i must be performed twice. The first hadith is preferable considering its authenticity and strength of evidence.
As for the seven days of fasting, according to some scholars, one may fast them upon arriving at his home town. Others, like Mujahid and 'Ata, say one may do so after arriving at one's stopover. According to them one may fast these seven days on the way back home. These ten days of fasting do not necessarily have to be fasted consecutively.
Once a person makes intention (for Hajj or 'Umrah) and dons the ihram, he must make talbiyah.
Qur'anic references:
Surah 2 : Ayah 196Support Our Initiatives
"When a person dies, his works end, except for three: ongoing charity, knowledge that is benefited from, and a righteous child who prays for him."
Prophet Mohammed (PBUH)
"The best of what a man leaves behind are three: a righteous child who supplicates for him, ongoing charity the reward of which reaches him, and knowledge that is acted upon after him."
Sunan Ibn Mājah
"Every day two angels come down from Heaven and one of them says, 'O Allah! Compensate every person who spends in Your Cause,' and the other (angel) says, 'O Allah! Destroy every miser.'"
Sahih Bukhari
