performing ʿumrah during the months of Hajj, explaining this at the mīqāt while the general body of Muslims were with him. How, then, could they not have known this?
Third:
He commanded those who had not brought sacrificial animals to leave ihrām, while commanding those who had brought them to remain in ihrām until the animals reached their place of sacrifice. He thus distinguished between two people in ihrām. This shows that what prevents a person from leaving ihrām is having brought a sacrificial animal, not the initial ihrām itself. The reason he mentioned also applies to the person who brought a sacrificial animal . . .
(1)
“He commanded us to have intercourse with our wives, so that we would come to ʿArafah with semen dripping from our private parts. He said: The Prophet, may Allah bless him and grant him peace, then stood among us and said, ‘Do you not know that I am the most mindful of Allah among you, the most truthful, and the most righteous? Were it not for my sacrificial animal, I would leave ihrām as you are doing. Had I known beforehand what I know now, I would not have brought the sacrificial animal. So leave ihrām.’ We therefore left ihrām, listened, and obeyed.
“ʿAlī then arrived from his alms-collecting duties, and the Prophet asked him, ‘What did you enter ihrām for?’
“He replied, ‘Whatever the Messenger of Allah, may Allah bless him and grant him peace, entered ihrām for.’
“The Messenger of Allah, may Allah bless him and grant him peace, said, ‘Then offer a sacrificial animal and remain in ihrām.’ He said: ʿAlī brought him a sacrificial offering. Surāqah ibn Mālik ibn Juʿshum asked, ‘Is this for this year of ours or for all time?’
“He replied, ‘Rather, for all time.’”
In al-Bukhārī’s narration:
“Surāqah ibn Mālik ibn Juʿshum met the Messenger of Allah, may Allah bless him and grant him peace, at al-ʿAqabah while he was stoning it. Juʿshum asked, ‘Is this exclusively for you, O Messenger of Allah?’
“He replied, ‘No, rather, it is for all time.’”
He thus made clear that this ʿumrah, into which some had converted their Hajj, was valid for all time
(1) A blank in the original.
Shaykh Nāsir ibn Hamad al-Fahd stated (p. 206):
There are two points here.
First: A substantial passage has been omitted at this point, as indicated by two things:
One is the place marked by the compiler, may Allah have mercy on him, with the words “[Thus in the original].” There, the discussion shifts from Shaykh al-Islām’s explanation, may Allah have mercy on him, that bringing sacrificial animals prevents one from leaving ihrām, to part of Jābir’s lengthy hadith about Hajj, may Allah be pleased with him: “We said: When only five days remained before ʿArafah, he commanded us to have intercourse with our wives…” This indicates an omission between the two passages.
The other is that he mentions here the “third argument” against those who say, “The Prophet, may Allah bless him and grant him peace, commanded his Companions to perform ʿumrah to demonstrate that it was permissible during the months of Hajj.” Yet neither the fourth nor the fifth argument is mentioned; instead, the sixth follows the third (26/57). This indicates that the omitted material comprises:
1. The remainder of the third argument.
2. The entire fourth argument.
3. The beginning of the fifth argument; the quotation from Jābir’s hadith and what follows constitute its remainder.
Second: I found nothing in Shaykh al-Islām’s published writings, may Allah have mercy on him, that fills this gap. I therefore searched Ibn al-Qayyim’s discussion of Hajj, may Allah have mercy on him, hoping to find it there, since he frequently quotes his teacher. I found it, if not in the same wording, then in substance. When compared, the arguments he presents closely resemble the Shaykh’s texts, indicating that he was quoting from him. I shall reproduce his discussion from the “third argument” through to Jābir’s hadith in the “fifth argument,” from Zād al-Maʿād, 2/197–199. He said, may Allah have mercy on him:
“Third: He commanded those who had not brought sacrificial animals to leave ihrām, and those who had brought them to remain in ihrām until the animals reached their place of sacrifice. Thus, he distinguished between one person in ihrām and another. This shows that bringing sacrificial animals is what prevents one from leaving ihrām, not merely the initial entry into ihrām. The rationale they mention does not apply to one person in ihrām rather than another. The Prophet, may Allah bless him and grant him peace, therefore made permission to leave ihrām depend on whether sacrificial animals had been brought, not on anything else.
“Fourth: It may be said that if the Prophet, may Allah bless him and grant him peace, intended to differ from the polytheists, this would establish that faskh (converting Hajj into ʿumrah) is preferable for that very reason. For if he commanded them to do so specifically to differ from the polytheists, that would establish that this conversion remains prescribed until the Day of Resurrection, whether as an obligation or a recommendation. Whatever the Prophet, may Allah bless him and grant him peace, did and prescribed for his community in the pilgrimage rites to differ from the polytheists’ practice remains prescribed until the Day of Resurrection, whether as an obligation or a recommendation.
“The polytheists used to depart from ʿArafah before sunset, and would not depart from Muzdalifah until sunrise. They would say, ‘Shine, Thabīr, so that we may set off!’ The Prophet, may Allah bless him and grant him peace, differed from them and said, ‘Our practice differs from that of the polytheists.’ Thus, we did not depart from ʿArafah until the sun had set. This departure from their practice is either an essential pillar, according to Mālik; an obligation whose omission is compensated for by a sacrificial offering, according to Ahmad, Abū Hanīfah, and one of al-Shāfiʿī’s two opinions; or a sunnah, according to al-Shāfiʿī’s other opinion. Departing from Muzdalifah before sunrise is a sunnah by the agreement of the Muslims.
“Likewise, Quraysh did not stand at ʿArafah, but departed from Jamʿ. The Prophet, may Allah bless him and grant him peace, differed from them: he stood at ʿArafāt and departed from there. Concerning this, Allah Most High revealed: ‘Then depart from where the people depart.’ This departure from their practice is one of the essential pillars of Hajj by the agreement of the Muslims. How, then, could anything in it be prohibited? How can it be said that the Prophet, may Allah bless him and grant him peace, commanded his Companions to perform a pilgrimage rite differing from that of the polytheists, while what he forbade them was supposedly better than what he commanded them to do? Or that someone who performs Hajj as the polytheists did, without performing tamattuʿ, has a better Hajj than that performed by the earliest forerunners among the Emigrants and Helpers at the command of the Messenger of Allah, may Allah bless him and grant him peace?
“Fifth: It is established in the two Sahīh collections that he said, ‘ʿUmrah has become incorporated into Hajj until the Day of Resurrection.’ He was asked, ‘Is this ʿumrah of ours for this year alone, or forever?’ He replied, ‘No, rather, forever and ever. ʿUmrah has become incorporated into Hajj until the Day of Resurrection.’ Their question concerned the ʿumrah resulting from converting Hajj, as is explicitly stated in Jābir’s lengthy hadith. He said:
“‘When his final circuit ended at al-Marwah, he said, “Had I known beforehand what I know now, I would not have brought the sacrificial animals, and I would have made it ʿumrah. Whoever among you has no sacrificial animal should therefore leave ihrām and make it ʿumrah.” Surāqah ibn Mālik stood up and asked, “O Messenger of Allah, is this for this year alone, or forever?” The Messenger of Allah, may Allah bless him and grant him peace, interlaced his fingers and said twice, “ʿUmrah has become incorporated into Hajj,” then said, “No, rather, forever and ever.”’
“In another version: ‘The Messenger of Allah arrived on the morning of the fourth of Dhū al-Hijjah and commanded us to leave ihrām. We said: When only five days remained before ʿArafah, he commanded us to have intercourse with our wives, so that we would come to ʿArafah with semen dripping from our private parts…’”