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Vocabulary of the hadith:
– ʿArābī (Bedouin): the initial hamzah is pronounced. The term is derived from aʿrāb, the desert-dwelling Arabs; its plurals are aʿrāb, aʿārib, and aʿārīb.
– Farīḍatān (two obligations): Linguistically, farḍ means “incision” or “cutting into something.” In the Law it denotes that which Allah has made binding upon His morally responsible servants; it is synonymous with wājib, whose performer is rewarded and whose abandoner is punishable. Some legal theorists distinguish between farḍ and wājib, holding that farḍ is established by definitive evidence, whereas wājib is established by evidence that is presumptive.
– ʿUmrah: a noun derived from iʿtimār; linguistically it signifies “a visit to something venerated.” Legally it is the visit to the Honored Kaʿbah performed with specific rites. Its plurals are ʿumr and ʿumrāt. -
Points derived from the two hadiths:
- The first narration shows that ʿumrah is not obligatory but recommended, whereas the second contradicts it and indicates that it is obligatory. The ruling of ḥajj is already well known and has been discussed earlier.
- Neither narration constitutes conclusive evidence—neither for obligation nor for recommendation—because both are weak. Al-Tirmidhī therefore reports from al-Shāfiʿī that he said, “Nothing sound has been established regarding ʿumrah; it is merely voluntary, and the reports that make it obligatory do not amount to proof.” A detailed discussion of the scholarly disagreement and the ruling has already preceded; Allah knows best.
- The two narrations nonetheless affirm the legitimacy of ʿumrah: either as an obligation, as in the second report, or as a recommended act, as in the first.
- The Vizier said: The scholars agree that ḥajj and ʿumrah are required only once in a lifetime, that women in this respect are like men, and that the conditions of obligation for them are the same. I add: a woman has one additional condition—she must be accompanied by a maḥram (a close male relative whom she may never marry).