Then he said (1):
“Whoever reported that the Prophet, peace and blessings be upon him, awaited the divine ruling—since he had not performed Hajj from Medina after it became obligatory, seeking to choose among the options Allah had allowed for Hajj and ‘umrah—seems to have preserved the report more accurately. For a case involving two parties in mutual imprecation was brought before him, and he awaited the divine ruling. Likewise, it is recorded that he awaited the divine ruling concerning Hajj.”
The justification for those who hold this view is the report established in the two Sahīhs from ‘Ā’ishah, who said: “We set out with the Messenger of Allah, peace and blessings be upon him, without mentioning either Hajj or ‘umrah.” In another wording (2): “We recited the talbiyah without mentioning either Hajj or ‘umrah” (3). In another report from her: “We set out with the Messenger of Allah, peace and blessings be upon him, with only Hajj in mind. Then, as we drew near to Mecca, the Messenger of Allah, peace and blessings be upon him, instructed those who had no sacrificial animals with them (4) to leave ihrām once they had gone around the House and between al-Safā and al-Marwah” (5).
Tāwūs said: “The Messenger of Allah, peace and blessings be upon him, set out from Medina without specifying either Hajj or ‘umrah, awaiting the divine ruling. The ruling was revealed to him while he was between al-Safā and al-Marwah, and he instructed those of his Companions who had entered ihrām for Hajj without bringing sacrificial animals to make it ‘umrah…” The hadith continues (6).
Jābir said in his lengthy hadith (7), describing the Prophet’s Hajj, peace and blessings be upon him: “He then prayed