I say: This, then, was what ‘Umar chose for the people. Those who misunderstood him thought that he had prohibited tamattu‘. Some understood his prohibition to concern tamattu‘ effected by changing Hajj into ‘umrah. Others understood it as discouraging departure from the preferable course, since he favoured separate performance over tamattu‘. Others countered the reports of his prohibition with reports that he recommended it, which we have already mentioned. Some held that two positions were reported from ‘Umar on this matter, just as two positions were reported from him on other issues. Others regarded the prohibition as an earlier opinion that he later retracted (1), an approach followed by Abū Muhammad ibn Hazm.

Still others considered the prohibition a personal judgment of his, prompted by his dislike of pilgrims spending their time having relations with their wives in the shade of the arāk trees. Thus Abū Hanīfah narrated from Hammād, from Ibrāhīm al-Nakha‘ī, from al-Aswad ibn Yazīd, who said:

“While I was standing with (2) ‘Umar ibn al-Khattāb at ‘Arafah on the afternoon of the Day of ‘Arafah, he noticed a man whose hair was combed and who gave off the scent of perfume. ‘Umar asked him, ‘Are you in a state of pilgrimage consecration?’ He replied, ‘Yes.’ ‘Umar said, ‘Your appearance is not that of someone in pilgrimage consecration. Such a person is dishevelled and dusty, with a strong bodily odour.’ The man replied, ‘I came to perform tamattu‘, and my wife was with me. I only entered pilgrimage consecration today.’ ‘Umar then said, ‘Do not perform tamattu‘ during these days. If I permitted it for them, they would have relations with their wives among the arāk trees, then set out (3) with them as pilgrims performing Hajj.’” (4)

This shows that it was a personal judgment (5) made by ‘Umar.

Ibn Hazm said (6): “And what of it? How welcome that would be! The Prophet, peace and blessings be upon him, visited each of his wives in turn,