Question (Q-52):
What are the rules pertaining to 10th of Zil-Hijjah? What is the difference between a Qārin (Hājī who is performing Hajj Al Qirān) and Mu’tamir (Hājī who is performing Hajj At Tamattu’)?
Answer:
On 10 Dhul Hijjah (Yawm un Nahr), a Hājī performs four things;
- Throwing pebbles at Al Jamarah Al ‘Aqabah (the big pillar);
- Slaughtering (Qurbānī);
- Shaving the head (Halq);
- Tawāf Az Ziyārah
It is necessary to carry out the aforementioned rituals in sequence according to Al Imām Al A’dham Abū Hanīfah, Al Imām Mālik, Al Imām Ahmad and according to one statement, Al Imām Ash Shāfi’ī (رضى الله عنهم). It is stated in Al Bahr Ar Rāiq, Volume 3, Page 42, Pakistan Publication,
هذا الترتيب واجب عند أبي حنيفة و مالک وأحمد
“This sequence is Wājib (necessary) according to Abū Hanīfah, Mālik and Ahmad.”
Al Imām Al ‘Ainī (رحمه الله تعالى) wrote,
قال أبو حنيفة و الشافعي رحمهما اللّٰه تعاليٰ في وجه و مالک و أحمد رحمهما اللّٰه تعاليٰ واجب و علي قول اٰخر للشافعي رحمه اللّٰه تعاليٰ مستحب
“Al Imām Abū Hanīfah, Mālik and Ahmad as well as Al Imām Ash Shāfi’ī رضى الله عنهم (according to one Narration), stated that it is necessary to carry out these acts in order. According to another statement of Al Imām Ash Shāfi’ī (رضي الله عنه), it is Mustahabb (desirable) to carry out these actions in order.” (Al-Binayah, Volume 4, Page 366, Published in Beirut)
According to us, as followers of the Hanafī school, it is necessary for a Qārin[1] and Mutamatti’[2] to maintain sequence between three rituals; 1. Throwing pebbles 2. Slaughtering 3. Shaving the head. Similarly, it is necessary in our school for the Mufrid[3] to maintain sequence between the throwing of the stones and shaving of the head. It is not necessary to carry out Tawāf uz Ziyārah whilst maintaining sequence between it and the other rituals. However, it should be performed within the days of Nahr (10, 11 and 12 Dhul Hijjah). This is explained by Mullā ‘Alī Al Qārī (رحمه الله تعالى) in Al Manāsik and by Al Imām Ahmad Razā (رحمه الله تعالى) in An Nayyirah Al Wadhiyyah fī sharh Al Jawharah Al Mudhīah.
The Seal of Research Scholars, Ibn ‘Abidīn Ash Shāmī (رحمه الله تعالى) wrote,
والحاصل أن الطواف لا يجب ترتيبه علي شيئ من الثلاثة و إَنما يجب ترتيب الثلاثة الرمي ثم الذبح ثم الحلق لکن المفرد لا ذبح عليه فيجب عليه الترتيب بين الرمي والحلق فقط
“The summary is that it is not necessary for there to be any sequence between the other three and Tawāf. It is only necessary that there be a sequence between the throwing of stones, sacrificing and shaving. However, the Mufrid does not have to perform sacrifice so it is only necessary for him to establish sequence between throwing of the stones and shaving.” (Radd ul Muhtār, Volume 2, Page 266)
It is stated in Durr ul Mukhtār and Minhat ul Khāliq ‘alal Bahr ir Rāiq (Volume 3, Page 42) that the sequence between Tawāf and the other rituals is Sunnah. Therefore, there is no sacrifice or penalty for forsaking sequence between these actions.
و أما الترتيب بين الطواف و بين الرمي والحلق فسنة فلوطاف قبل الرمي والحلق لا شيئ عليه و يکره لباب
“Sequence between Tawāf, throwing stones and shaving the head is Sunnah. Therefore, if he performed Tawāf prior to throwing stones and prior to shaving the head then there is no penalty upon him, but it is disliked. This is what is stated in Lubāb.”
A question may arise as to what proofs there are for it being necessary to maintain sequence between throwing stones, sacrificing and shaving the head. Firstly, clear statements within the core texts (Mutūn), commentaries (Shurūh) and Fatāwā are sufficient evidences for those who follow an Imām. Secondly, the Scholar of Hadīth, Ibn Abī Shaibah (رحمه الله تعالى) mentioned the following narration from Sayyidunā ‘AbdUllah Ibn ‘Abbās (رضى الله عنهما) in his Musannaf,
من قدم نسکاً في حجه أو اخره فليهد لذالک دماً
“Sacrificing an animal is necessary upon the one who carries out a ritual of Hajj earlier than its fixed time or later than its fixed time.”
In the chain (Sanad) of this Hadīth is Ibrāhīm Ibn Muhājir who is weak (Dha’īf), but this does not affect our claim because the same Hadīth has been reported with other chains as mentioned by Al Imām At Tahāwī (رحمه الله تعالى) in detail. The great Hadīth scholar, Al Imām Badruddīn Al ‘Ainī (رحمه الله تعالى) stated in Al Bināyah (Volume 4, Page 367),
و أخرج عن سعيد بن جبير و إبراهيم النخعي و جابر بن زيد أبي الشعثاء نحو ذالک
“Sa’īd Ibn Jubair, Ibrāhīm An Nakha’ī and Jābir Ibn Zaid Abush Sha’thā narrated a similar Narration.”
Al Imām Ibn Hajr Al ‘Asqalānī wrote in Ad Dirāyah,
“Ibn Abī Shaibah narrated with a Hasan (good) chain of Narration through Mujāhid from Ibn ‘Abbās, “Whoever preceded with any action or delayed any action should sacrifice an animal due to this.” At Tahāwī narrated this through another chain that is better than this.”
Thirdly, the Great Leader of Scholars, Al Imām Kāsānī (رحمه الله تعالى) has mentioned two Marfū’ Narrations (i.e. Narrations attributed to the Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ). The Holy Prophet of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
أول نسکنا في يومنا هذا الرمي ثم الذبح ثم الحلق
“The first of our Nusuk (rites) on this day is throwing stones, followed by sacrifice, followed by shaving of the head.”
In the second Narration, it is stated that the Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) threw pebbles then performed Qurbānī (sacrifice) and then summoned a barber.
Fourthly, Allah (تعالى) says,
ولا تحلقوا رء وسکم حتي يبلغ الهدي محله
“And do not shave your heads until the sacrifice reaches its destination.” (Sūrah Al Baqarah, 2:196)
Based upon this Verse, there is Ijmā’ (consensus) that a person who is hindered from entering into the Haram and performing the rituals of Hajj or ‘Umrah will have to pay a penalty (Fidyah) if he shaves the head prior to his sacrifice being carried out. This proves that carrying out the rituals in the set order is Wājib (necessary). (Al Badā’i As Sanā’i, Volume 2)
Fifthly, if someone passes the Mīqāt (boundary established beyond which one should be in Ihrām if intending to enter Makkah Al Mukarramah) without entering into the state of Ihrām, then he will have to pay a penalty (Dam) because the place from which one has to be in Ihrām is specified by the Religious Texts. Similarly, if anything bound by a specific time is delayed then Dam (sacrifice) will be necessary. (Al Hidāyah)
Sixthly, Allah (تعالى) says,
من کان منکم مريضا أو به اذي من رأسه ففدية الاٰية
“So, whoever among you is sick or has an ailment in the head, he must pay a compensation by fasting or charity or sacrifice.” (Sūrah Al Baqarah, 2:196)
When Fidyah (penalty) is necessary upon a person who shaves the head prior to the specified time due to a valid reason then it will most certainly be necessary upon the person who shaves the head prior to the fixed time without any reason. (Fath ul Qadīr, Volume 2)
There is a Hadīth in Al Bukhārī and Muslim as well as other books reported by Sayyidunā Abdullah bin ‘Amr bin Al-Aas (رضى الله عنه), as well as Sayyidunā Ibn ‘Abbās (رضى الله عنه) mentioning the Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) being asked about the actions of Hajj not being performed in sequence, to which he (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) replied:
افعل ولا حرج
“Perform it and there is no harm in that.”
The Scholars of Hadīth and Fiqh have clarified this Narration and removed the apparent contradiction that exists between this narration and other narrations which stipulate a penalty for performing the rituals out of their sequence. The Scholars achieved this by mentioning a number of possible explanations for this Hadīth.
The First Explanation
When the Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said, “There is no harm with it,” he (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) meant that the Hājī was not sinful as a result of this error. He was not negating the need to pay Fidyah (Penalty). This interpretation is supported by other Narrations that are also in Al Bukhārī and Muslim in which the questioner is reported to have said,
لم اشعر
“I did not realise (that I had performed out of order).”
This means that he performed the rituals out of order unintentionally. The questioner mentioned that he did not realise due to his unawareness that it was forbidden to perform the rituals out of order. This is why he mentioned that he did not know. When he became aware that performing out of order was incorrect, he asked the Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) what he should do. The Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) classed him to be excused due to his unawareness. The Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) commanded the Companions to understand the Manāsik (Rituals) from his Blessed Actions and Words during that Hajj. This is what is mentioned in Fath ul Qadīr.
The Second Explanation
This Hadīth pertains to the early days of Hajj. In fact, one opinion is that it was the first ever Hajj in Islām,
کان إذ ذاک في ابتدائه
“At that time, it was the beginning of Hajj.”
(Fath ul Qadīr, Volume 2, Page 470)
The Third Explanation
Sayyidunā Ibn ‘Abbās (رضى الله عنه) is from the narrators who narrated the Hadīth in which the Messenger of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) stated that there was no harm to the questioner whilst he is also the narrator of the Narrations that stipulate Dam (Sacrifice) upon the one who forsakes the sequence in fulfilling the rituals. Therefore, it is evident that the Narration which states that there is no harm, is not permitting fulfilling the acts out of their order but rather the specific Companions were being excused due to their unawareness.
The Fourth Explanation
Al Imām Ibn Nujaim Al Misrī states,
إنه متروک الظاهر اجماعا بدليل أنه لوطاف أو حلق قبل الوقوف لا يجوز
“The Hadīth (of Al Bukhārī and Muslim in which the Messenger of Allah صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ said that there is no harm to the questioner who had performed the rituals out of order) is not to be interpreted based on its apparent meaning – there is consensus in this regard. The proof for this is that it would not be permissible for him to perform Tawāf uz Ziyārah and shave his head prior to Wuqūf ul ‘Arafah (standing at ‘Arafah).” (An Nahr Al Fāiq, Volume 2, Page 130, Published in Beirut)
The Fifth Explanation
The Holy Prophet of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) was asked by someone who performed Sa’y before Tawāf and he (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) replied, “Perform it and there is no harm.” There is Ijmā’ (consensus) that it is not permissible to perform Tawāf prior to Sa’y. It is thus apparent that the Narration in which it was stated that there was no harm in going against the sequence was during the beginning days of Islām when the Manāsik (Rituals) of Hajj were not firmly understood by the Muslims. It is stated in Al Bināyah, Volume 4, Page 367, “It is stated in Al Mustasfā that this was during the early days of Islām when the Manāsik (rituals) of Hajj were not firmly established. This is proven by what is narrated that the Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) was asked at that time, “I have performed Sa’y before Tawāf.” He replied, “Perform it (i.e. Tawāf) and there is no harm.” However, there is consensus that this is not permissible.”
The Sixth Explanation
The questioner was a Mufrid and it was not Wājib (necessary) for him to pay a penalty (Dam) for slaughtering before throwing the pebbles.
يجوز أن يکون السائل مفرداً و تقديم الذبح علي الرمي لا يوجب عليه شيأ
“It is possible that the questioner was a Mufrid and therefore sacrificing before throwing stones does not incur any penalties for a Mufrid.” (Al ‘Ināyah Sharh Al Hidāyah, Volume 1, Page 469)
The Seventh Explanation
It is an unanimously accepted principle that when there is contradiction between two Sahīh (Authentic) Narrations then the Hadīth contradicting logic will not be acted upon. The Hadīth that is in accordance with logic will be preferred and acted upon.
The Hadīth which states that there is no harm in going against sequence contradicts logic. Therefore, the belief that the sequence of rituals performed during Hajj is unnecessary is obedience of desires. This is clearly the case as authentic Narrations are establishing that Dam (Sacrifice) will be necessary if a person performing Hajj performs these rituals out of their sequence. Their method of sacrificing the animals without any consideration of the sequence required between it and the throwing of stones is also an act which goes against the Sharī’ah.
The Hujjāj (Performers of Hajj) should be very careful and cautious in relation to these matters.
Allah (تعالى) is Most Knowing
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
[1] Qārin – A Hājī who performs ‘Umrah and Hajj with one Ihrām
[2] Mutamatti’ – A Hājī who performs ‘Umrah and Hajj with two separate Ihrām
[3] Mufrid – A Hājī who only performs Hajj and does not perform ‘Umrah with it
