Yahya related to me from Malik that he asked Abd ar-Rahman ibn
Qasim, "From where did Qasim stonethe jamrat al-Aqaba?"and he replied,
"From wherever it was possible."
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 related to me from Malik from Nafi that Abdullah ibn Umar
used to say, "The jamras should not be stoned during the three days
until after the sun has passed the meridian."
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn
Hazm from his father that Abu'l-Baddah ibn Asim ibn Adi told him from
his father that the Messenger of Allah, may Allah bless him and grant
him peace, allowed the camel-herders to spend the night outside of
Mina, and they threw the stones (once) on the day of sacrifice, and
(once) for the following day and the day after that, and (once) on the
day when they left Mina.
Yahya related to me from Malik that
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 related to me from Malik from Abu Bakr ibn Nafi from his
father that the daughter of one of Safiyya bint Abi Ubayd's brothers
was bleeding after she had given birth to a child at Muzdalifa. She
and Safiyya were delayed and did not arrive at Mina until after the
sun had set on the day of sacrifice. Abdullah ibn Umar told them both
to stone the jamra at the time they arrived and he did not think that
they owed anything.
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."
Yahya related to me from Malik from Nafi and Abdullah ibn Dinar
from Abdullah ibn Umar that Umar ibn al-Khattab gave a khutba to the
people at Arafa and taught them the conduct of the hajj, and one of
the things he said to them in his speech was, "When you get to Mina
and have stoned the jamra then whatever is haram for someone doing the
hajj becomes halal, except women and scent. No-one should touch women
or scent until he has done tawaf of the House."
Yahya related to me from Malik from Nafi and Abdullah ibn Dinar
from Abdullah ibn Umar that Umar ibn al-Khattab said, "When someone
has stoned the jamra and shaved his head or cut off some of his hair
and sacrificed an animal, whatever was haram for him becomes halal,
except women and scent, (which remain haram for him) until he has done
tawaf of the House."
Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his
father that A'isha, umm al-muminin, said, "We set out with the
Messenger of Allah, may Allah bless him and grant him peace, in the
year of the farewell hajj and we went into ihram for umra. Afterwards,
the Messenger of Allah, may Allah bless him and grant him peace, said,
'Whoever has a sacrificial animal with him should go into ihram for
hajj and umra together, and he should not leave ihram without leaving
ihram for both of them at the same time.' "
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.
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
from his father that A'isha said, "I came to Makka at the time of my
period so I did not do tawaf of the House or go between Safa and
Marwa. I complained to the Messenger of Allah, may Allah bless him and
grant him peace, and he said, 'Do what the people doing hajj do except
do not do tawaf of the House and go between Safa and Marwa until you
are pure.' "
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."
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
from his father from A'isha umm al-muminin that Safiyya bint Huyy
began menstruating and so she mentioned it to the Messenger of Allah,
may Allah bless him and grant him peace, and he asked, "Will she delay
us?" and he was told, "She has already done the tawaf al-ifada," and
he said, "Then she will not delay us. "
USC-MSA web (English) reference : Book 20, Hadith 234
Hadith 509330
Chapter 20: Hajj - كتاب الحج
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرِ بْنِ حَزْمٍ، عَنْ أَبِيهِ، عَنْ عَمْرَةَ بِنْتِ عَبْدِ الرَّحْمَنِ، عَنْ عَائِشَةَ أُمِّ الْمُؤْمِنِينَ، أَنَّهَا قَالَتْ لِرَسُولِ اللَّهِ صلى الله عليه وسلم يَا رَسُولَ اللَّهِ إِنَّ صَفِيَّةَ بِنْتَ حُيَىٍّ قَدْ حَاضَتْ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لَعَلَّهَا تَحْبِسُنَا أَلَمْ تَكُنْ طَافَتْ مَعَكُنَّ بِالْبَيْتِ " . قُلْنَ بَلَى . قَالَ " فَاخْرُجْنَ " .
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn
Hazm from his father from Amra bint Abd ar-Rahman that A'isha umm al-
muminin said to the Messenger of Allah, may Allah bless him and grant
him peace, "Messenger of Allah, Safiyya bint Huyy has begun her
period," and the Messenger of Allah, may Allah bless him and grant him
peace, said, "Perhaps she will delay us. Has she done tawaf of the
House with you?" They said, "Of course." He said, "So you are free to
leave."
Yahya related to me from Malik from AbuRijal Muhammad ibn Abd ar-
Rahman from Amra bint Abd ar-Rahman that when A'isha umm al-muminin
was doing hajj with women who were expecting their periods, she would
hurry them to do the tawaf al-ifada on the Day of Sacrifice. If they
started to menstruate after the tawaf al-ifada she did not stop for
them but left with them while they were menstruating.
USC-MSA web (English) reference : Book 20, Hadith 236
Hadith 509350
Chapter 20: Hajj - كتاب الحج
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ أُمِّ الْمُؤْمِنِينَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم ذَكَرَ صَفِيَّةَ بِنْتَ حُيَىٍّ فَقِيلَ لَهُ قَدْ حَاضَتْ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لَعَلَّهَا حَابِسَتُنَا " . فَقَالُوا يَا رَسُولَ اللَّهِ إِنَّهَا قَدْ طَافَتْ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " فَلاَ إِذًا " . قَالَ مَالِكٌ قَالَ هِشَامٌ قَالَ عُرْوَةُ قَالَتْ عَائِشَةُ . وَنَحْنُ نَذْكُرُ ذَلِكَ فَلِمَ يُقَدِّمُ النَّاسُ نِسَاءَهُمْ إِنْ كَانَ ذَلِكَ لاَ يَنْفَعُهُنَّ وَلَوْ كَانَ الَّذِي يَقُولُونَ لأَصْبَحَ بِمِنًى أَكْثَرُ مِنْ سِتَّةِ آلاَفِ امْرَأَةٍ حَائِضٍ كُلُّهُنَّ قَدْ أَفَاضَتْ .
Yahya related to me from Malik from Hisham ibn Urwa from his
father from A'isha umm al-muminin that the Messenger of Allah, may
Allah bless him and grant him peace, mentioned Safiyya bint Huyy and
he was told that she had started her period. The Messenger of Allah,
may Allah bless him and grant him peace, said, "Perhaps she will delay
us." They said, "Messenger of Allah, she has done tawaf," and the
Messenger of Allah, may Allah bless him and grant him peace, said,
"Then she will not delay us."
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.' "
USC-MSA web (English) reference : Book 20, Hadith 237
Hadith 509360
Chapter 20: Hajj - كتاب الحج
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرٍ، عَنْ أَبِيهِ، أَنَّ أَبَا سَلَمَةَ بْنَ عَبْدِ الرَّحْمَنِ، أَخْبَرَهُ أَنَّ أُمَّ سُلَيْمٍ بِنْتَ مِلْحَانَ اسْتَفْتَتْ رَسُولَ اللَّهِ صلى الله عليه وسلم وَحَاضَتْ - أَوْ وَلَدَتْ - بَعْدَ مَا أَفَاضَتْ يَوْمَ النَّحْرِ فَأَذِنَ لَهَا رَسُولُ اللَّهِ صلى الله عليه وسلم فَخَرَجَتْ .
Yahya related to me from Malik from Abdullah ibn Abi Bakr from
his father that Abu Salama ibn Abd ar-Rahman told him that Umm Sulaym
bint Milhan asked the Messenger of Allah, may Allah bless him and
grant him peace, for advice one time when she had begun menstruating,
or had given birth to a child after she had done tawaf al-ifada on the
Day of Sacrifice. The Messenger of Allah, may Allah bless him and
grant him peace, gave her permission to leave.
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."
Yahya related to me from Malik from Abu'z-Zubayr that Umar ibn
al-Khattab gave the judgement of a ram for a hyena, a female goat for
a gazelle, a she-goat less than one year old for a rabbit, and a four
month old kid for a jerboa.
Yahya related to me from Malik from Abd al-Malik ibn Qurayr from
Muhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "I
was racing a friend on horseback towards a narrow mountain trail and
we killed a gazelle accidently and we were in ihram. What is your
opinion?" Umar said to a man by his side, "Come, so that you and I may
make an assessment." They decided on a female goat for him, and the
man turned away saying, "This amir al-muminin cannot even make an
assessment in the case of a gazelle until he calls a man to decide
with him." Umar overheard the man's words and called him and asked
him, "Do you recite surat al-Ma'ida?" and he said, "No." He said,
"Then do you recognize this man who has taken the decision with me?"
and he said, "No." He said, "If you had told me that you did recite
surat al-Ma'ida, I would have dealt you a blow." Then he said, "Allah
the Blessed, the Exalted says in His Book, 'as shall be judged by two
men of justice among you, a sacrificial animal to reach the Kaba'
(Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."
Yahya related to me from Malik from Hisham ibn Urwa that his
father used to say, "For the female of wild animals a cow is given and
for the female of gazelles a sheep."
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab used to say, "For the pigeon of Makka, when it is killed,
a sheep is due."
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."
Yahya related to me from Malik from Zayd ibn Aslam that a man
came to Umar ibn al-Khattab and said, "Amir al-muminin, I killed some
locusts with my whip when I was in ihram," and Umar said to him, "Give
a handful of food."
Yahya related to me from Malik from Yahya ibn Said that a man
came to Umar ibn al-Khattab and asked him about some locusts he had
killed while he was in ihram. Umar said to Kab, "Come, let's decide."
Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. A
date is better than a locust."
USC-MSA web (English) reference : Book 20, Hadith 245
Hadith 509430
Chapter 20: Hajj - كتاب الحج
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ عَبْدِ الْكَرِيمِ بْنِ مَالِكٍ الْجَزَرِيِّ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ أَبِي لَيْلَى، عَنْ كَعْبِ بْنِ عُجْرَةَ، أَنَّهُ كَانَ مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم مُحْرِمًا فَآذَاهُ الْقَمْلُ فِي رَأْسِهِ فَأَمَرَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ يَحْلِقَ رَأْسَهُ وَقَالَ
" صُمْ ثَلاَثَةَ أَيَّامٍ أَوْ أَطْعِمْ سِتَّةَ مَسَاكِينَ مُدَّيْنِ مُدَّيْنِ لِكُلِّ إِنْسَانٍ أَوِ انْسُكْ بِشَاةٍ أَىَّ ذَلِكَ فَعَلْتَ أَجْزَأَ عَنْكَ " .
Yahya related to me from Malik from Abd al-Karim ibn Malik al-
Jazari from Abd ar-Rahman ibn Abi Layla from Kab ibn Ujra that one
time he was with the Messenger of Allah, may Allah bless him and grant
him peace, in ihram, and he was suffering from lice on his head. The
Messenger of Allah, may Allah bless him and grant him peace, told him
to shave his head, saying, "Fast three days, or feed six poor people,
two mudds for each person, or sacrifice a sheep. If you do any of
those it will be enough for you."
USC-MSA web (English) reference : Book 20, Hadith 246
Hadith 509440
Chapter 20: Hajj - كتاب الحج
حَدَّثَنِي عَنْ مَالِكٍ، عَنْ حُمَيْدِ بْنِ قَيْسٍ، عَنْ مُجَاهِدٍ أَبِي الْحَجَّاجِ، عَنِ ابْنِ أَبِي لَيْلَى، عَنْ كَعْبِ بْنِ عُجْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ لَهُ " لَعَلَّكَ آذَاكَ هَوَامُّكَ " . فَقُلْتُ نَعَمْ يَا رَسُولَ اللَّهِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " احْلِقْ رَأْسَكَ وَصُمْ ثَلاَثَةَ أَيَّامٍ أَوْ أَطْعِمْ سِتَّةَ مَسَاكِينَ أَوِ انْسُكْ بِشَاةٍ " .
Yahya related to me from Malik from Humayd bin Qays from Mujahid
Abu'l Hajjaj from Ibn Abi Layla from Kab ibn Ujra that the Messenger
of Allah, may Allah bless him and grant him peace, said to him,
"Perhaps your pests are troubling you?" He replied that indeed they
were, and the Messenger of Allah, may Allah bless him and grant him
peace, said, "Shave your head and fast three days or feed six poor men
or sacrifice a sheep."
USC-MSA web (English) reference : Book 20, Hadith 247
Hadith 509450
Chapter 20: Hajj - كتاب الحج
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ عَطَاءِ بْنِ عَبْدِ اللَّهِ الْخُرَاسَانِيِّ، أَنَّهُ قَالَ حَدَّثَنِي شَيْخٌ، بِسُوقِ الْبُرَمِ بِالْكُوفَةِ عَنْ كَعْبِ بْنِ عُجْرَةَ، أَنَّهُ قَالَ جَاءَنِي رَسُولُ اللَّهِ صلى الله عليه وسلم وَأَنَا أَنْفُخُ تَحْتَ قِدْرٍ لأَصْحَابِي وَقَدِ امْتَلأَ رَأْسِي وَلِحْيَتِي قَمْلاً فَأَخَذَ بِجَبْهَتِي ثُمَّ قَالَ
" احْلِقْ هَذَا الشَّعَرَ وَصُمْ ثَلاَثَةَ أَيَّامٍ أَوْ أَطْعِمْ سِتَّةَ مَسَاكِينَ " . وَقَدْ كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم عَلِمَ أَنَّهُ لَيْسَ عِنْدِي مَا أَنْسُكُ بِهِ .
Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani
said that an old man from Suq al-Buram in Kufa had related to him that
Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and
grant him peace, came to me while I was blowing under a cooking pot
belonging to my companions and my head and beard were full of lice. He
took my forehead and said, 'Shave your hair and fast three days or
feed six poor people.' The Messenger of Allah, may Allah bless him
and grant him peace, was aware that I did not have anything with me to
sacrifice.'"
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."
Yahya related to me from Malik from Ayyub ibn Abi Tamima as-
Sakhtayani from Said ibn Jubayr that Abdullah ibn Abbas said, "If
someone forgets anything of the rituals or omits them intentionally,
he must slaughter an animal." Ayyub added "I do not know if he said
'Omits' or 'forgets'."
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."
USC-MSA web (English) reference : Book 20, Hadith 249
Hadith 509470
Chapter 20: Hajj - كتاب الحج
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عِيسَى بْنِ طَلْحَةَ، عَنْ عَبْدِ اللَّهِ بْنِ عَمْرِو بْنِ الْعَاصِ، أَنَّهُ قَالَ وَقَفَ رَسُولُ اللَّهِ صلى الله عليه وسلم لِلنَّاسِ بِمِنًى وَالنَّاسُ يَسْأَلُونَهُ فَجَاءَهُ رَجُلٌ فَقَالَ لَهُ يَا رَسُولَ اللَّهِ لَمْ أَشْعُرْ فَحَلَقْتُ قَبْلَ أَنْ أَنْحَرَ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " انْحَرْ وَلاَ حَرَجَ " . ثُمَّ جَاءَهُ آخَرُ فَقَالَ يَا رَسُولَ اللَّهِ لَمْ أَشْعُرْ فَنَحَرْتُ قَبْلَ أَنْ أَرْمِيَ قَالَ " ارْمِ وَلاَ حَرَجَ " . قَالَ فَمَا سُئِلَ رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ شَىْءٍ قُدِّمَ وَلاَ أُخِّرَ إِلاَّ قَالَ " افْعَلْ وَلاَ حَرَجَ " .
Yahya related to me from Malik from Ibn Shihab from clsa ibn
Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah,
may Allah bless him and grant him peace, stopped for the people at
Mina, and they questioned him and a man came and said to him,
'Messenger of Allah, I was unclear about what to do and I shaved
before sacrificing,' and the Messenger of Allah, may Allah bless him
and grant him peace, said, 'Sacrifice, and don't worry.' Then another
came to him and said 'Messenger of Allah, I was unclear about what to
do and I sacrificed before throwing the stones.' He advised, 'Throw,
and don't worry.' "
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."