But if someone saddles his mounts merely to visit him—may Allah’s blessings and peace be upon him—without intending to perform the prayer, and a person then mentions that the scholars have differed over such a journey—some saying it is disapproved, others saying it is permissible—and that, on both opinions (1), it is neither an act of obedience nor a means of drawing close to Allah, then whoever, in spite of these two views, declares it to be an act of obedience and a devotional act (2) would be committing something unlawful by unanimous agreement. Should he cite the proof for each position, or give preference to either of them, he is not subject to the censure that befalls (3) one who shows disrespect, for there is no disrespect or slight toward the Prophet—peace and blessings be upon him—in that stance.

Malik—may Allah have mercy on him and be pleased with him—was asked by a man who had vowed to come to the Prophet’s grave. He said: “If he intended the Prophet’s Mosque, let him go and perform the prayer there; but if he intended the grave, he should not, because of the hadith, ‘No riding beast should be saddled except to three mosques,’ and Allah knows best.” (4)

Written by Abu ʿAmr ibn Abi (5) al-Walid al-Maliki (6).

I have transcribed all these replies from the very handwriting of the muftis who issued them.