stitched garments, to hunt game or eat it—whether he killed it himself or it was taken for his sake—to have intercourse with women or enjoy any sexual gratification with them, to apply perfume, or to recite the talbiyah. The talbiyah during ḥajj is recommended (sunnah) rather than obligatory. Whoever omits it for the whole of his pilgrimage must sacrifice a sheep; but if he leaves it off at times and proclaims it at others, nothing is due from him.
The compulsory pillars of the pilgrimage are four:
- Entering the state of ihram, in the manner already described.
- Standing at ʿArafah, by day or by night. Mālik and his associates hold that the daytime standing does not substitute for the night-time, so one must combine the two or at the very least stand during the night. The majority of scholars, however, deem the standing after the sun’s decline sufficient for the night, and the night sufficient for whoever missed the day; this is the view I adopt, based on the ḥadith of ʿUrwah ibn Muḍarris and because it is the position of most jurists. By unanimous agreement, a daytime standing before the sun passes its zenith is invalid and carries no legal weight. The earliest time for the standing begins after the two prayers—Ẓuhr and ʿAṣr—are combined at the outset of Ẓuhr. The minimum that fulfils the requirement is for the pilgrim to enter the plain intending thereby to discharge his obligation, even if he neither remains standing nor supplicates. Mālik nevertheless deems such an entry valid while holding that a penalty remains due.
- Traversing between Ṣafā and Marwah.
- The circumambulation of ifāḍah (ṭawāf al-ifāḍah) on the Day of Sacrifice after stoning the Jamrah of ʿAqabah. This is the opinion of Mālik and all the scholars with respect to ṭawāf al-ifāḍah.
Ibn Wahb, Ibn Nāfiʿ, and Ashhab report from Mālik that anyone who forgets the circumambulation of the House and the saʿy between Ṣafā and Marwah upon first arriving in Mecca is not required to return from his home; instead, he must offer a sacrifice. Mālik added: If the obligatory circumambulation in question is ṭawāf al-ifāḍah, then he must return from wherever he remembers it—even if he is in al-Andalus—until he circumambulates the House, performs saʿy between Ṣafā and Marwah, and offers a sacrifice, and