Fiqh-us-Sunnah - 5.86

Hadith 5.86.1

Its Legal Status

There is disagreement among scholars concerning the legal status of Sa'i between Safa and Marwah. These scholars may be divided into three groups: 'Aishah, and from among the Companions Ibn 'Umar, and Jabir hold that Sa'i of Safa and Marwah is an essential part of Hajj rites. Malik, AshShafi'i, and Ahmad (according to one narration from him) also hold a similar opinion. Thus if a pilgrim fails to perform Sa 'i his Hajj will be void and his offering of a sacrifice will not be enough to make up for it. These scholars based their opinion on the following: a) Az-Zuhari reported from 'Urwah that he said: "I asked 'Aishah about it and recited to her the verse "Behold ! Safa and Marwah are among the symbols of Allah. So if those who visit the House in the season or at other times, compass round them, there is no sin in them."
(Qur'an 2.158) Then I said to her, "By Allah, I see that (in light of this verse) there is no sin on a person who does not perform Sa'i between them!" 'Aishah said to me, "O my nephew! That is the worst interpretation you have put on this verse. It does not mean what you say. If it had meant what you say it means, then the wording should have been 'should not compass them round.' This verse was revealed concerning the Ansar, who used to worship the idol Manat in an area called Al-Mushallal. They feared they were committing a sin by walking between Safa and Marwah.|"After they embraced Islam they asked the Prophet (peace be upon him) about it. At this Allah revealed this verse. The Prophet (peace be upon him) has by his practice affirmed authenticity of the Sa'i between these two hills, and no one has the authority to abandon it.
(Bukhari) These scholars, in support of their standpoint, refer to the Qur' anic verse 2:158, which states there is no sin if a person neglects it. In other words it is not obligatory. That it is only sunnah is also obvious from the fact that Safa and Marwah are described as "the symbols of Allah."
It is reported that the Mushaf of Ubaiy and Ibn Mas'ud read " ..if those who visit the House in the season or at other times, should not compass them, it is no sin in them." This is not the Qur'anic text, but it does convey an important piece of information and an interpretation of the Qur'anic text.
The author of Al-Mughni prefers this opinion, and says: This is preferable, because the argument of those holding it to be wajib supports the absoluteness of the obligation rather than the principle that anything needed to fulfill an obligation (wajib) is also obligatory (wajib).
'Aishah's statement in this respect is different from what other Companions of the Prophet (peace be upon him) have narrated.
The hadith of the daughter of Abi Tajrah has among its narrators one called Abdullah bin Al-Mu'mal, who is controversial. According to him it is obligatory, whereas it is only wajib.
The verse quoted above was revealed concerning those people who feared they would be committing a sin if they walked between Safa and Marwah as they used to do in the days of Jahiliyya while two idols were set on top of Safa and Marwah.