Tafsir of Al-Baqarah 2:196

Surah Al-Baqarah (The Cow): Verse 196

"And complete the Hajj and the 'Umrah for Allah."

Issue 1: Linguistic and Terminological Meanings

• Linguistically, Hajj means intention or aiming for something. It is said that someone hajj (frequented) a thing if they repeatedly intended it.
• Al-Hajjah (with a kasra on the Hā’) means the year, because people perform the pilgrimage annually.
• In Sharia (Islamic Law), Hajj is the name for specific acts, which include Pillars (Arkān), Obligatory Parts (A'bāḍ), and Recommended Acts (Hay'āt).
  • Pillars (Arkān): Acts that must be performed for the Iḥrām (state of consecration) to be lifted. The Pillars of Hajj, according to our school (Shafi'i/Maliki/Hanbali consensus, though Razi often speaks from the Shafi'i perspective), are five:
    1. Iḥrām (entering the state of consecration).
    2. Standing at 'Arafah.
    3. Circumambulation (Ṭawāf) of the House (Ka'bah).
    4. Sa'ī (running) between Safa and Marwah.
    5. Shaving the head or trimming the hair (the sounder opinion is that this is a Pillar, without which Iḥrām is not lifted).
  • Obligatory Parts (A'bāḍ): Obligations whose omission requires compensation (Fidyah in the form of a sacrifice/blood offering, Dam). These include:
    • Entering Iḥrām from the prescribed Mīqāt.
    • Staying at 'Arafah until sunset (according to one opinion).
    • Staying overnight at Muzdalifah on the night of Yawm al-Naḥr (10th of Dhul-Hijjah) (according to one opinion).
    • Stoning the Jamrat al-'Aqabah.
    • Staying overnight at Mina during the Days of Tashrīq (according to one opinion).
    • Stoning the remaining days.
• All other acts of Hajj are Sunnah (Recommended).
• Pillars of 'Umrah are four: Iḥrām, Ṭawāf, Sa'ī, and shaving/trimming (with two opinions on the latter). After completing the Sa'ī, the pilgrim should sacrifice any Hady (offering) they brought, then shave or trim. Iḥrām is not contingent upon the sacrifice.

Issue 2: The Command to Complete (I'tām)

The verse commands: "And complete the Hajj and the 'Umrah." Is this command absolute, or conditional upon having already commenced the act?

• Our Companions' View (Shafi'i/Maliki/Hanbali): The command is absolute. It means: Perform Hajj and 'Umrah perfectly and completely.
• Abu Hanifa's View: The command is conditional. It means: Whoever starts them must complete them. He argues it is permissible for entering a matter to be optional, but completing it becomes obligatory once started.
• Significance of the Dispute: According to our companions, 'Umrah is obligatory (Wājib). According to Abu Hanifa, it is not obligatory unless commenced.

Arguments for the Absolute Command (Obligation of 'Umrah):

1. The Verse Itself: The phrase "complete the Hajj and the 'Umrah for Allah" can mean "perform them perfectly" or "if you start them, complete them." We must choose the former interpretation if it is more fitting.
   • Evidence for the "perfect performance" meaning: "And when his Lord tested Abraham with words, and he fulfilled them completely" (2:124), and "Then complete the fast until the night" (2:187). Applying the command to mean perfect performance requires no implied condition, unlike the conditional view which requires assuming the condition "if you start."
2. Context of Revelation: Exegetes state this was the first verse revealed concerning Hajj. Therefore, interpreting it as establishing the obligation of Hajj is preferable to interpreting it as conditioning the completion of an already established act.
3. Variant Reading: Some read it as "And establish the Hajj and the 'Umrah for Allah" (Wa-aqīmū). Although this is a rare reading (shādhdhah), it supports the interpretation of obligation.
4. Greater Benefit: The absolute interpretation establishes the obligation of both Hajj and 'Umrah, and the obligation to complete them if started. The conditional view only establishes the obligation to complete after starting. The former yields a greater legal benefit.
5. Precaution (Iḥtiyāṭ): In matters of worship, precaution is preferred. Affirming the obligation of both Hajj and 'Umrah together is more precautionary.
6. Necessity of Commencement: Even if we accept the command means "complete," completion is certainly obligatory. Since completion requires prior commencement, commencement itself becomes obligatory.
7. Narration from Ibn 'Abbas: He stated that 'Umrah is paired with Hajj in the command of Allah, just as establishing prayer is paired with taking the Zakāh in another verse.

Objection to the Absolute View (Based on Variant Readings): Some read: "And the 'Umrah for Allah" (wa-l-'umratu lillāh) with Raf'a (nominative case), suggesting 'Umrah is exempt from the obligation of Hajj.

Rebuttal:

1. This is a rare reading and cannot contradict the established, transmitted reading (mutawātir).
2. It presents a grammatical weakness, linking a nominal sentence (Jumla Ismiyyah) to a verbal sentence (Jumla Fi'liyyah).
3. The meaning remains: "'Umrah is an act of worship for Allah." Being an act of worship does not negate its obligation, otherwise, the two readings would contradict, which is impossible.
4. Since the phrase means "'Umrah is worship for Allah," it implies a command to perform it, based on the verse: "And they were not commanded except to worship Allah" (98:5). An imperative implies obligation.

Second Argument for 'Umrah's Obligation: The verse regarding the "Greater Pilgrimage" (Yawm al-Ḥajj al-Akbar) (9:3) implies the existence of a "Lesser Pilgrimage" (Ḥajj Aṣghar), which is agreed upon to be 'Umrah. If 'Umrah is a form of Hajj, it must be obligatory based on the command to complete Hajj and the verse: "And Allah has upon the people the pilgrimage to the House" (3:97).

Third Argument for 'Umrah's Obligation (Hadith):

1. Hadith narrated by Ibn al-Jawzi in the agreed-upon collections (Bukhari/Muslim): Gabriel asked the Prophet (PBUH) about Islam, and the Prophet listed the five pillars, including "and perform Hajj and 'Umrah."
2. The Prophet (PBUH) commanded someone to perform Hajj and 'Umrah on behalf of his elderly father who could not perform them. An imperative implies obligation.
3. The Prophet (PBUH) said: "Hajj and 'Umrah are two obligations (Farḍān); it does not harm you which you begin with."
4. 'A'ishah reported the Prophet (PBUH) said regarding Jihad for women: "Their Jihad is Hajj and 'Umrah, in which there is no fighting."

Fourth Argument for 'Umrah's Obligation (The Prophet's Practice): The Prophet (PBUH) performed 'Umrah before his Hajj. If 'Umrah were not obligatory, it would have been more appropriate for him to prioritize the obligatory Hajj.

Arguments Against 'Umrah's Obligation (Abu Hanifa's Side):

1. Hadith of the Bedouin: When asked about the pillars of Islam, the Prophet (PBUH) listed the five (including Hajj but not 'Umrah). When the Bedouin confirmed he would do no more, the Prophet said, "The Bedouin has succeeded if he is truthful." Also, the famous hadith: "Islam is built upon five..." (listing the five pillars, omitting 'Umrah). These famous narrations cannot be rejected or added to.
2. Hadith of Jābir: When asked if 'Umrah was obligatory, the Prophet (PBUH) replied, "No, but performing 'Umrah is better for you."
3. Hadith of Abu Hurayrah: **"Hajj is Jihad, and 'Umrah is voluntary (Taṭawwu')."**

Rebuttal to the Arguments Against Obligation:

1. These are Aḥād (singular chain) reports and cannot contradict the Quran.
2. 'Umrah might not have been obligatory when those specific hadiths were narrated. The verse "And complete the Hajj and the 'Umrah for Allah" was revealed later (in the 7th year AH).
3. The Bedouin story only detailed the essential pillars of Islam; it did not detail the specifics of Hajj. Since we established that 'Umrah is a form of Hajj (the Lesser Hajj), its omission from that summary is not contradictory.
4. The hadith of Jābir (via Muḥammad ibn al-Munkadir) is weak because it relies on the narration of Ḥajjāj ibn Arṭāh.

Issue 3: Types of Hajj and Which is Best

Hajj has three forms:

1. Ifrād (Singular): Performing Hajj only, then performing 'Umrah later from the nearest Ḥill (sanctuary boundary), or performing 'Umrah before the months of Hajj and then Hajj in the same year.
2. Qirān (Combined): Entering Iḥrām for both Hajj and 'Umrah simultaneously during the months of Hajj, intending both in the heart. This also occurs if one enters 'Umrah during the months of Hajj and then incorporates Hajj before the Ṭawāf.
3. Tamattu' (Enjoyment): Entering Iḥrām for 'Umrah during the months of Hajj, completing it, and then entering Iḥrām for Hajj in the same year. It is called Tamattu' because the pilgrim enjoys the permissible things (like removing Iḥrām clothing) between completing 'Umrah and starting Hajj.

Which is Best?

• Al-Shāfi'ī: Ifrād is best, then Tamattu', then Qirān. (In Ikhtilāf al-Ḥadīth, he favored Tamattu' over Ifrād).
• Mālik: Tamattu' is best, then Ifrād, then Qirān.
• Abū Ḥanīfah: Qirān is best, then Ifrād, then Tamattu'. (This is also the view of al-Muzanī, Abū Isḥāq, and al-Marwazī among Shāfi'ī scholars).
• Abū Yūsuf and Muḥammad: Qirān is best, then Tamattu', then Ifrād.

Arguments for Ifrād being Best (Al-Shāfi'ī's View):

1. The Verse "And complete the Hajj and the 'Umrah for Allah":
   • Conjunction Implies Difference: The conjunction (wa) implies that the two acts are distinct. Distinction (Mughāyarah) only occurs in Ifrād (performing them separately). In Qirān, they are one entity.
   • Implication of Ifrād: The verse implies Ifrād because the ruling for someone restricted (Muḥṣar) mentions only one offering (Hady). A Qārin (one performing Qirān) requires two offerings if restricted. Furthermore, Allah required one Fidyah (penalty) for restriction, but the Qārin requires two.
   • Completion Requires Travel: Completion (I'tām) is best achieved in Ifrād. Travel is essential to Hajj (evidenced by the ruling that if someone wills a Hajj on their behalf, it must start from their homeland, not the nearest Mīqāt). Qirān reduces the required travel by merging two journeys into one, thus hindering complete fulfillment of the travel aspect.
   • Greater Service: Hajj is a visit to the Sacred Places. The more visits and service rendered, the greater the honor before the Served (Allah). Qirān merges two visits into one. Thus, Ifrād is closer to perfection.

2. Difficulty is Superior: Ifrād involves performing the arduous acts of Hajj, and then separately performing the arduous acts of 'Umrah. The Prophet (PBUH) said: "The best deeds are the most arduous/difficult."

3. The Prophet's Practice: The Prophet (PBUH) performed Ifrād.
   • Narrations from 'A'ishah, Jābir, and Ibn 'Umar confirm he performed Ifrād.
   • Anas narrated he heard the Prophet say: "Labbayka bi-Ḥajj wa 'Umrah ma'an" (I am here for Hajj and 'Umrah together—implying Qirān).
   • Al-Shāfi'ī preferred the narrations supporting Ifrād based on the narrators' status (e.g., 'A'ishah's knowledge, Jābir's seniority, Ibn 'Umar's closeness to the Prophet). He argued that the absence of Qirān is confirmed by continuous association (Istishāb), and Ifrād increases worship, which is preferable. Since the Prophet chose what was best for himself, and he commanded, "Take your rites from me," Ifrād must be best.

4. Maximizing Worship: Ifrād maximizes acts of worship compared to Qirān. Since the purpose of creation is worship, maximizing it is superior.

Arguments for Qirān being Best (Abū Ḥanīfah's View):

1. Greater Benefit in the Verse: The verse "And complete the Hajj and the 'Umrah for Allah" can mean establishing both separately, or establishing the combination perfectly. The latter yields a greater benefit (establishing both obligations simultaneously), so it should be preferred.
2. Combining Two Rites: Qirān combines two rites, so it must be superior to performing only one rite (as in Ifrād).
3. Haste: Qirān involves hastening the fulfillment of both rites. Allah commanded: "And hasten toward forgiveness from your Lord..." (3:133).

Rebuttal to Abū Ḥanīfah's Arguments:

1. We already showed that the verse strongly implies Ifrād through three arguments, making the claim of "greater benefit" subjective.
2. Whatever the Qārin does, the Mufrid also does (in terms of Hajj acts). Qirān might be seen as a concession (Rukhṣah) to reduce effort, not necessarily superior. Al-Shāfi'ī does not claim that Hajj without 'Umrah (Ifrād without a subsequent 'Umrah) is better than Qirān; rather, performing Hajj and 'Umrah separately (in sequence) is better than performing them combined.

Issue 4: Interpretation of "Completing" (I'tām)

What does "complete the Hajj and the 'Umrah" mean?

1. From 'Ali and Ibn Mas'ūd: Completing them means entering Iḥrām from one's own dwelling (Dūwayrat Ahlīh).
2. Abū Muslim: It means that whoever intends Hajj and 'Umrah for Allah must complete them. This is supported by the context: this verse was revealed after the disbelievers prevented the Prophet (PBUH) from Hajj the previous year. Allah commanded His Messenger not to turn back until this duty was fulfilled. This implies that voluntary Hajj and 'Umrah share the same obligation of completion as obligatory ones.
3. Al-Aṣamm: Allah obligated Hajj and 'Umrah, then commanded His servants to complete the recognized etiquette (Ādāb).

Al-Ghazālī's Elaboration on Etiquette Before Iḥrām (The Comprehensive Meaning of Completion): Al-Ghazālī, in Al-Iḥyā’, detailed ten points of etiquette considered part of completing the rites:

1. Financial Matters: Repentance, returning usurped wealth, paying debts, preparing sufficient, lawful provisions for dependents until return, returning trusts, setting aside good, lawful money for the journey (enough for generosity, not stinginess), giving charity before departure, and securing a strong mount or hiring one fairly.
2. Companionship (Rafīq): Seeking a righteous companion who aids in remembrance, encourages when fearful, strengthens when weak, and is patient during hardship. Bidding farewell to resident friends and seeking their prayers. The farewell supplication is: "I entrust your religion, your trust, and the conclusion of your deeds to Allah."
3. Leaving Home: Praying two rak'ahs upon leaving, reciting Qul Yā Ayyuhā al-Kāfirūn in the first and Al-Ikhlāṣ in the second, followed by sincere supplication.
4. At the Door: Saying: "In the Name of Allah, I rely upon Allah; there is no might nor power except with Allah." (More supplications are better).
5. Mounting: Saying specific supplications upon mounting the animal, praising Allah for subjugating it.
6. Descending: It is Sunnah to travel mostly at night and not stop until the day is hot. Upon stopping, pray two rak'ahs and supplicate often.
7. Security: If threatened by an enemy or beast, recite the Verse of the Throne (Āyat al-Kursī), "And Allah bears witness," Al-Ikhlāṣ, and the two Mu'awwidhatayn (Surahs of refuge), while saying: "I seek refuge in the Mighty Allah, and I seek help from the Ever-Living Who does not die."
8. Elevation: When ascending high ground on the path, say Allāhu Akbar three times.
9. Intention: The journey should not be mixed with immediate worldly goals like trade.
10. Speech: Guarding the tongue from obscenity, sin, and argument.

After fulfilling these prerequisites, one performs all the Pillars of Hajj correctly, seeking only Allah's pleasure. The verse "And complete the Hajj and the 'Umrah for Allah" encompasses all these meanings.

Fourth Interpretation of Completion: The command means to isolate each rite in its own journey. This is the view supporting Ifrād. This interpretation is narrated from 'Ali, and possibly from Abu Hurayrah (as a Marfū' report). 'Umar used to avoid Qirān and Tamattu', believing that separating Hajj and 'Umrah constituted better completion, and that 'Umrah should be performed outside the months of Hajj, citing: "Hajj is in the prescribed months" (2:197). Ibn 'Umar said: "Separate your Hajj and your 'Umrah."

Issue 5: Reading of Al-Ḥajj

• Nāfi', Ibn 'Āmir, Ibn Kathīr, Abū 'Amr, and Abū Bakr (from 'Āṣim): Read "Al-Ḥajj" (with Fatḥa on the Ḥā’), which is the Hijazi dialect.
• Ḥamzah, Al-Kisā'ī, and Ḥafṣ (from 'Āṣim): Read "Al-Ḥijji" (with Kasra on the Ḥā’) in Surah Al 'Imrān.
• Al-Kisā'ī's Explanation: They are two dialects with the same meaning, like raṭl and riṭl. Alternatively, Fatḥa is the verbal noun (Maṣdar), and Kasra is the noun (Ism).

"If you are prevented (or restricted)..."

• Linguistics: Ḥaṣr and Iḥṣār fundamentally mean confinement or restraint. Ḥaṣr can mean retaining feces, and Ḥaṣīr (mat) is so named because its parts are held together.
• Agreement: All scholars agree that "Ḥaṣr" specifically refers to being prevented by the enemy from achieving one's goal.
• Disagreement on "Iḥṣār":
  1. View 1 (Abū 'Ubaydah, Ibn al-Kassīt, Al-Zajjāj, Ibn Qutaybah, most linguists): Iḥṣār is specific to illness. Ibn al-Sikkit said: "Illness aḥṣarahu (prevented him) from traveling." Tha'lab said: Iḥṣār is due to illness, and Ḥaṣr is due to the enemy.
  2. View 2 (Al-Farrā'): Iḥṣār implies restraint and prevention, whether caused by the enemy or illness.
  3. View 3 (Al-Shāfi'ī, Ibn 'Abbās, Ibn 'Umar): Iḥṣār is specific to prevention caused by the enemy. They state: "There is no Ḥaṣr except the Ḥaṣr of the enemy." Most linguists reject this view in favor of the first two.

Legal Consequence of the Dispute: All agree that the ruling of Iḥṣār applies if prevented by the enemy. Does it apply if prevented by illness or other obstacles?

• Abū Ḥanīfah: Yes, it applies. His proof rests on the linguistic views: either Iḥṣār means illness specifically (making the verse explicit), or Iḥṣār means general restraint (making the ruling apply to all causes).
• Al-Shāfi'ī: No, it does not apply unless the prevention is by the enemy.

Al-Shāfi'ī's Arguments that Iḥṣār means only Enemy Prevention:

1. Form of the Verb: Iḥṣār (If'āl) either means causation (e.g., adhbatu - I made him go), transformation (e.g., ajraba - he got leprosy), or finding something in a state (e.g., aḥmadtu - I found him praiseworthy). Since causation is impossible here, it means "they became restricted" or "they were found restricted." Linguists agree that the restricted person (Maḥṣūr) is one prevented by the enemy, not illness.
2. Capacity (Qudra): Restriction implies being capable of an action but being prevented. A sick person lacks the inherent capacity (qudra) due to bodily imbalance. The one prevented by the enemy, however, possesses capacity but is hindered by an external force. Thus, Iḥṣār applies only where capacity exists.
3. Action vs. State: Restriction (Ḥabs) and prevention (Man' ) are actions requiring an agent (Ḥābis or Māni'). Illness is an accident (ʿaraḍ) that cannot be an agent. The enemy, however, is a true agent. We must apply the term to its true meaning.
4. Derivation: Iḥṣār is derived from Ḥaṣr, which carries no implication of illness.
5. Subsequent Mention of Illness: The verse immediately follows: "So whoever among you is sick or has an ailment of the head..." If Iḥṣār included illness, this would be mentioning a specific case of a general category (mentioning the specific illness after the general term Iḥṣār).
6. The Term "Security" (Amn): The verse concludes: "And when you are secure (fa-idhā amni-tum)..." Security is used regarding fear of the enemy, not illness (where one says "he recovered" or "he was cured"). Since security implies safety from the previously mentioned Iḥṣār, and security relates to the enemy, Iḥṣār must mean enemy prevention.

Conclusion on Iḥṣār: The restriction mentioned is solely due to the enemy. Therefore, analogy (Qiyās) cannot be used to extend this ruling to illness, as the condition (In) implies the non-existence of the result if the condition is absent (i.e., the ruling only applies to enemy restriction). Furthermore, Iḥrām is a binding state; illness does not offer the same relief upon release as escaping the enemy's threat of death.

"...then [offer] what is easiest of the offering (Hady)."

Issue 1: Implied Text

The verse implies: "If you are restricted, then be released, and [offer] what is easiest of the offering." Similar to: "So whoever among you is sick or has an ailment of the head, then [a number] of days from other days" (2:184), implying: "So he breaks his fast, then [he must observe] a number of days."

The phrase "what is easiest of the offering" requires clarification:

1. It could be in the nominative case (Raf'a): "What is easiest of the offering is obligatory upon you."
2. Al-Farrā' suggests it could be accusative (Naṣb) meaning: "Offer what is easiest of the offering," though most Quranic instances of similar structures use Raf'a.

Issue 2: Meaning of Istaysara

Istaysara means "became easy for him," similar to ista'ẓama (became great) or istakbara (became arrogant).

Issue 3: Meaning of Al-Hady

Al-Hady is the plural of Hadīyah (gift). It means what is presented to the House of Allah as a means of drawing near.

• The Offering: The minimum is a sheep (Shāh). The offering can be a camel (Badanah), a cow (Baqarah), or a sheep. The pilgrim offers what is easiest among these categories.

Issue 4: The Status of the Offering for the Restricted Pilgrim

• Al-Shāfi'ī (Two Opinions):
  1. No substitute (Badal) exists; the offering remains a debt on his neck forever. (View of Abū Ḥanīfah).
  2. A substitute exists (View of Aḥmad).
• If no substitute exists (Abū Ḥanīfah's view): Can he exit Iḥrām immediately or must he remain consecrated until he finds the offering? Abū Ḥanīfah says he must remain in Iḥrām. The sounder opinion (Al-Aṣaḥḥ) is that he may exit immediately due to hardship.
• If he exits immediately: The preferred method is to estimate the value of the offering in money, buy food with it, and distribute it, as this is closest to the original offering.

Issue 5: Timing of Release

The restricted pilgrim must intend to exit Iḥrām at the time of slaughtering. He cannot exit Iḥrām before the slaughter.

Issue 6: 'Umrah and Restriction

Most jurists agree that the ruling for restriction applies equally to 'Umrah. The view that it does not apply to 'Umrah because it is not time-bound is rejected, as the verse mentions restriction immediately following the command for Hajj and 'Umrah, thus applying to both.

"...and do not shave your heads until the offering reaches its destination."

Issue 1: Implied Text

The verse implies: "...until the offering reaches its destination and is slaughtered." Release (Taḥallul) only occurs upon slaughtering.

Issue 2: Location of Slaughter

• Al-Shāfi'ī: The sacrifice for restriction may be performed outside the Sanctuary (Ḥaram), wherever the pilgrim was restricted.
• Abū Ḥanīfah: It must be performed inside the Sanctuary.
  • Al-Shāfi'ī's Argument: The Prophet (PBUH) was restricted at Hudaybiyyah and slaughtered there, and Hudaybiyyah is outside the Sanctuary. (Abū Ḥanīfah's companions argue Hudaybiyyah was on the edge of the Ḥaram). Al-Qaffāl responded that the verse "And [mention] when those who disbelieved cast into your hearts zeal—the zeal of ignorance—and Allah sent down His tranquility upon His Messenger and the believers and required of them the word of righteousness..." (48:26) proves they slaughtered outside the Ḥaram because the disbelievers prevented the offering from reaching its intended destination.
  • Second Argument: The restricted pilgrim, whether inside or outside the Ḥaram, is commanded to slaughter the offering. Therefore, he must be permitted to slaughter it where he is restricted. The primary goal is to enable the pilgrim to perform the commanded act.
  • Third Argument: The purpose of allowing release via slaughter is to immediately remove the fear of the enemy. If slaughter were only permitted in the Ḥaram, release would be delayed, contradicting the purpose of the ruling.

• Abū Ḥanīfah's Argument: The word Maḥill (destination/place of release) refers to a place, like Masjid or Majlis. Thus, the offering must reach the place of release (the Ḥaram).
  • Rebuttal: Maḥill can mean time (like the time of obligation for debt). Furthermore, Allah mentions the destination as "the Ancient House" (22:33) and "reaching the Ka'bah" (5:95), which clearly means the Ḥaram, where blood is not shed.
  • Rebuttal to the Ḥaram Argument: Al-Shāfi'ī clarifies that while most financial penalties (Damm) must be distributed to the poor of the Ḥaram, there are two exceptions: 1) If one brings an offering (Hady) and slaughters it en route, allowing the poor access; and 2) The penalty for the enemy-restricted pilgrim, which is slaughtered where he is restricted. The verses cited by Abū Ḥanīfah concern general penalties, not this specific case.
  • Fourth Argument: All other Hajj penalties (expiation or sacrifice) are only valid in the Ḥaram.
  • Rebuttal: This penalty is specifically to remove fear, which is achieved immediately upon slaughtering where restricted. This purpose is absent in other penalties.

Issue 3: Sequence of Acts

The verse indicates that one should not exit Iḥrām (by shaving the head) until the offering is presented, just as one was commanded not to speak privately to the Prophet until giving charity (referencing the previous verse's context).

"So whoever among you is sick or has an ailment of the head, then [there is] a ransom (Fidyah) of fasting, or charity, or a sacrifice."

Issue 1: Context of Revelation

Ibn 'Abbās narrated this verse was revealed concerning Ka'b ibn 'Ujrah, whom the Prophet (PBUH) found suffering from lice during the time of Hudaybiyyah. The Prophet permitted him to shave his head upon payment of the Fidyah. The ruling permits treatment for illness or head injury under the condition of paying the Fidyah.

Issue 2: Grammatical Status of Fidyah

Fidyah is in the nominative case (Raf'a) because it is a subject whose predicate is omitted (i.e., "He must pay a Fidyah"). It also implies: "So he shaved, then he must pay a Fidyah."

Issue 3: Scope of the Ruling

• View 1 (Specific): This ruling is specific to the restricted pilgrim who suffers illness or head injury before the offering reaches its destination.
• View 2 (General): The statement is independent for every pilgrim who suffers illness requiring treatment or head injury requiring shaving. Allah permitted this under the condition of the Fidyah.

General Application: Illness may necessitate covering (like clothing), which would be permitted like shaving the head. It may also necessitate using perfume for treatment, which would also be permitted. Head injury could be due to lice, headache, or fear of future pain. This ruling applies generally to all prohibitions of Iḥrām.

Issue 4: Sequence of Payment and Permission

Does the pilgrim pay the Fidyah first, or is he permitted the act first? The apparent meaning suggests delaying the Fidyah, as performing the act (like shaving) is the cause necessitating the Fidyah. The structure implies: "So he shaved, then he must pay a Fidyah."

"...a ransom of fasting, or charity, or a sacrifice."

Issue 1: Meaning of Nusk

Nusk fundamentally means worship. Al-Ibn al-A'rābī said it means pure silver ingots (Sayābik), and a worshipper is called Nāsik because he purifies himself from sin like purifying silver from dross. Nusk is also applied to the sacrifice, being one of the noblest acts of worship.

Issue 2: Minimum Sacrifice

The minimum sacrifice is a sheep (Shāh), as the sacrifice (Nusk) is only fulfilled by a camel, cow, or sheep. The quantity/quality of fasting and charity is not specified in the verse itself.

• View 1 (Majority): The quantity is clarified by the Hadith of Ka'b ibn 'Ujrah: "Then slaughter a sheep as a Nusk, or fast three days, or feed three Ṣā's of dates to six poor people."
• View 2 (Ibn 'Abbās and Al-Ḥasan): Fasting is ten days, and charity is equivalent in measure. They argue that since the verse is general here, it should be referred to the specific ruling mentioned later for the Mutamatti' (ten days). The first view is preferred by most jurists.

Issue 3: Obligation for Unexcused Violation

If someone shaves their head intentionally without excuse, what is the ruling?

• Al-Shāfi'ī and Abū Ḥanīfah: A sacrifice (Dam) is obligatory.
• Mālik: His ruling is the same as if he had an excuse.
• Argument for Obligation: The verse specifies the Fidyah is for those who are sick or have head injury ("Fa-man kāna minkum marīḍan aw bihi adhā min ra'sihi"). The conditional structure implies that if the condition (excuse) is absent, the result (the penalty) is not established.
• Rebuttal: The verse structure implies that the penalty is tied to the violation committed while in Iḥrām. The subsequent phrase "And when you are secure..." implies release from restriction. The Mutamatti' must offer a sacrifice. If the Mutamatti' is not required to offer a sacrifice, then the penalty for the restricted person is for removing hardship, which is not present in the unexcused violation.

"And when you are secure, then whoever enjoys ('Tamatta'a) 'Umrah with Hajj..."

Issue 1: Meaning of Tamattu'

Tamattu' means enjoyment or delight. The Mutamatti' is one who arrives in Mecca during the months of Hajj, performs 'Umrah, remains lawful (Ḥalāl) in Mecca, and then enters Iḥrām for Hajj in that same year. He is called Mutamatti' because he enjoys the permissible things between exiting 'Umrah and entering Hajj. This form is permissible and not disliked.

The Disliked Form of Tamattu' (Prohibited Marriage): 'Umar (RA) warned against two Mut'ahs: Mut'at an-Nisā' (temporary marriage) and Mut'at al-Ḥajj. The latter refers to combining the two consecrations (Iḥrāmayn) but then breaking the Hajj intention to complete the 'Umrah, and then re-entering Iḥrām for Hajj later. Some narrations suggest the Prophet (PBUH) permitted this, but it was later abrogated. Abū Dharr reported that the permission for Mut'at al-Ḥajj was specific to the Prophet's companions because they previously considered 'Umrah during the months of Hajj to be a grave sin. The Prophet (PBUH) exaggerated the permission (by moving them from Hajj to 'Umrah) to abolish that misconception.

Issue 2: Meaning of "Enjoying 'Umrah"

It means enjoying the permissible things because of performing 'Umrah, not enjoying the 'Umrah itself.

"...then [offer] what is easiest of the offering (Hady)."

Issue 1: Conditions for the Tamattu' Sacrifice

Our companions (Shafi'i school) list five conditions for the obligation of the Tamattu' sacrifice:

1. Performing 'Umrah before Hajj.
2. Entering Iḥrām for 'Umrah during the months of Hajj. (If one enters Iḥrām before the months, even if completing the rites during the months, the sacrifice is not due, similar to performing a Pillar before its time).
3. Performing Hajj in that same year.
4. Not being a resident of the Sacred Mosque (Mecca). Residents are those whose families live within the distance of a Qasr (shortened prayer distance, approx. 80-90 km) from Mecca or the Ḥaram.
5. Entering Iḥrām for Hajj from within Mecca after completing 'Umrah. If the pilgrim returns to the Mīqāt to enter Iḥrām for Hajj, the sacrifice is not due, as the obligation stems from neglecting the Mīqāt for Hajj.

Issue 2: Nature of the Tamattu' Sacrifice

• Al-Shāfi'ī: It is a sacrifice of reparation/compensation (Jabrān) for the defect/shortcoming, and thus the pilgrim cannot eat from it.
• Abū Ḥanīfah: It is a sacrifice of ritual worship (Nusk) and the pilgrim can eat from it.

Al-Shāfi'ī's Arguments:

1. Defect in Tamattu': Tamattu' involves a defect, so the offering must be compensatory.
   • Evidence of Defect: 'Uthmān (RA) forbade Mut'ah, and 'Ali (RA) responded that 'Uthmān was trying to eliminate a concession granted due to need and travel.
   • The term Tamattu' (enjoyment) implies relaxation, which contradicts the hardship inherent in worship.
   • Specific Defects: In Tamattu', travel is assigned to 'Umrah (the lesser rite) instead of Hajj (the greater rite). Also, relaxation occurs between the two rites. The Mīqāt is assigned to 'Umrah instead of Hajj.
2. Not an Original Rite: This sacrifice is not an original rite of Hajj or 'Umrah (like the sacrifice of Ifrād or the Hady of the resident). Combining two acts of worship does not necessitate a sacrifice unless there is a defect (unlike combining prayer and fasting).
3. Lack of Time Limit: The offering is required without a specific time limit (unlike other ritual sacrifices), indicating it is compensatory.
4. Substitute is Fasting: The fact that it can be substituted by fasting indicates it is not a pure ritual sacrifice (Nusk), as ritual sacrifices cannot be substituted by fasting.
5. Conclusion: Since Hajj must be complete (2:196), and Tamattu' involves a defect, the offering compensates for this defect to complete the Hajj.

Issue 3: Quantity and Timing of the Tamattu' Sacrifice

The sacrifice is a sheep that has completed its first year (Jadh'ā' from sheep, or Thaniyyah from goats). Six people can share a cow or camel.

• Timing: It becomes due after entering Iḥrām for Hajj (indicated by the Fā' in fa-mā istaisar). It is recommended to slaughter it on the Day of Sacrifice (Yawm al-Naḥr). Abū Ḥanīfah says it must be slaughtered on that day because it is a Nusk like the Uḍḥiyah (Eid sacrifice).

"But whoever cannot find an offering, then [it is] three days of fasting during the Hajj and seven when you have returned. That is ten complete [days]."

Issue 1: Analogy to Finding the Offering

The verse explicitly covers the case where the offering is not found. Jurists analogize this to cases where the pilgrim finds the offering but cannot afford its price, or the money is absent, or the price is exorbitant—in these cases, the fast is substituted.

Issue 2: Timing of the Three Days of Fasting

"Three days of fasting during the Hajj."

• Al-Shāfi'ī: These three days must occur during the Hajj period, specifically after entering Iḥrām for Hajj. Fasting before the Iḥrām for Hajj is invalid, just as fasting Ramadan before its prescribed time is invalid. The time for the Hady (the original obligation) begins with the Iḥrām for Hajj, so the substitute must follow suit.
• Abū Ḥanīfah: Fasting is valid even before the Iḥrām for Hajj.

It is agreed that fasting is permissible during the days of Hajj up until the Day of Sacrifice (Yawm al-Naḥr). It is disliked (or forbidden) to fast on the Days of Tashrīq (11th, 12th, 13th of Dhul-Hijjah).

Issue 3: Meaning of "When You Have Returned" (Idhā Raja'tum)

• Al-Shāfi'ī (New Opinion): Refers to returning to one's family and homeland. If the pilgrim dies before reaching home, the seven days are waived.
• Abū Ḥanīfah: Refers to completing the Hajj rites and beginning the journey back. If he dies after starting the return journey but before reaching home, the fast is still due.
• Al-Shāfi'ī's Argument: The condition is returning home. This is supported by the Prophet's instruction to the companions after the Farewell Pilgrimage: "...and seven when you return to your settlements (Imṣārikum)."

Issue 4: Reading of "Seven"

Ibn Abī 'Ablah read "seven" (Sab'atan) in the accusative case, connecting it to the three days, implying the total is ten days, similar to the structure of charity in expiation for killing.

"That is ten complete [days]."

Skeptics criticize this phrase, arguing that 3 + 7 = 10 is self-evident, and the word "complete" (Kāmilah) implies the existence of an incomplete ten, which is impossible. Scholars offer several benefits:

1. Clarifying Conjunction: The conjunction waw (and) might imply choice (A or B), as in "Sit with Zayd and Ibn Sīrīn" (meaning one or the other). Stating "ten complete" removes the ambiguity that perhaps only the three days or only the seven days were intended.
2. Substitute Completeness: Substitutes are usually inferior to the original (e.g., dry ablution vs. water). Allah clarifies that this substitute (fasting) is complete in reward, equaling the offering. This reassures the fasting pilgrim of the full reward. The number ten is mentioned to support the adjective "complete."
3. Removing Potential Exception: If Allah had only said "three days during Hajj and seven upon return," it might be assumed that some of these days are excluded by other textual evidence. Stating "ten complete" confirms that no exceptions apply to this count.
4. Defining the Number: Ten is a defined number in Arabic counting (units, tens, hundreds, thousands). Stating it is "complete" defines it as a whole number, free from fractions or combinations.
5. Emphasis (Tawkīd): Emphasis through multiple descriptions is common in Arabic (e.g., "the hearts that are in the breasts"). This emphasis indicates the high importance of adhering strictly to the count, as it relates to a complete act of worship.
6. Clarity for Arabs: The Arabs were not expert mathematicians. Allah clarified the total count definitively.
7. Removing Scribal Ambiguity: The digits 7 and 9 are visually similar in script; stating "ten complete" removes any doubt arising from misreading the script.
8. Clarifying Addition: It clarifies whether the seven days upon return are in addition to the three days already fasted, or if the total upon return should be seven (including the prior three). Stating "ten complete" confirms the seven days upon return are separate from the three days during Hajj.
9. Command Implied by News: Although phrased as news (Khabar), the meaning is an imperative. Since Hajj must be complete, these fasts are compensation for the defect in the Tamattu' Hajj, so they must be complete fasts to fully compensate for the defect in the required complete Hajj.
10. Supreme Status of the Act: Fasting is attributed to Allah with the particle of specification (Lām), just as Hajj is attributed to Him. Both Hajj and fasting are arduous acts whose wisdom is not fully grasped by reason, requiring performance purely for Allah's pleasure. Combining the hardship of fasting during Hajj and the hardship of fasting after returning signifies an act of supreme perfection, warranting the declaration: "That is ten complete [days]."

"That is for those whose families are not present at the Sacred Mosque."

Issue 1: Reference of "That" (Dhālika)

• Al-Shāfi'ī: Refers to the nearest preceding matter: the obligation of the Hady and its substitute upon the Mutamatti'. Thus, only non-residents owe the sacrifice. The resident (Makkī) does not owe it because he is not required to enter Iḥrām from the Mīqāt for Hajj; therefore, his Tamattu' involves no defect in his Iḥrām procedure.
• Abū Ḥanīfah: Refers to the furthest preceding matter: the ruling on Tamattu' itself. Thus, residents are forbidden from performing Tamattu' or Qirān, and if they do, they owe a penalty (Janaayah) from which they cannot eat.

Al-Shāfi'ī's Arguments:

1. The verse "So whoever enjoys 'Umrah with Hajj" is general and includes residents.
2. The pronoun Dhālika refers to the nearest antecedent (the Hady obligation).
3. Qirān and Tamattu' were legislated to abrogate the pre-Islamic prohibition of 'Umrah during the Hajj months, and abrogation applies universally.
4. The resident who performs Ifrād is capable of Tamattu', but the sacrifice is waived due to the reason mentioned (no defect in Iḥrām procedure).

Abū Ḥanīfah's Argument: Dhālika refers to everything mentioned previously, as no part is prioritized over another.

Issue 2: Definition of "Present at the Sacred Mosque" (Ḥāḍirī al-Masjid al-Ḥarām)

• Mālik: Residents of Mecca and the people of Dhū Ṭuwā. He stated that if the people of Mina enter Iḥrām for 'Umrah from their permissible spot and stay in Mecca until Hajj, they are Mutamatti'ūn.
• Al-Shāfi'ī: Those whose families live less than the distance of a Qasr (shortened prayer distance) from Mecca. If they are exactly at the distance of Qasr, they are not considered residents.
• Abū Ḥanīfah: Those residing at the Mawāqīt (Dhū al-Ḥulayfah, Al-Juḥfah, Qarn, Yalamlam, Dhāt 'Irq) and those beyond them towards Mecca.

Preference for Mālik's View: The literal meaning of "present at the Sacred Mosque" refers to those who physically witness and attend the Mosque, i.e., the people of Mecca. However, Al-Shāfi'ī argues that "Sacred Mosque" often refers to the entire Sanctuary (Ḥaram), as seen in the Isra' verse (17:1) and the verse on the offering's destination (22:33). The term "present" (Ḥāḍir) is the opposite of "traveler" (Musāfir), and travel is defined by the distance of Qasr.

Issue 3: Meaning of the Lām in Liman

Al-Farrā' suggests the Lām means "upon" ('Alā), meaning the obligation (sacrifice or fast) is incumbent upon those who are not residents of Mecca.

Issue 4: Presence of Family vs. Pilgrim

The ruling refers to the presence of the pilgrim's family, not the pilgrim himself, although the pilgrim usually resides where his family resides.

Issue 5: Meaning of Al-Masjid al-Ḥarām

It is described as "Sacred" because the area is forbidden (Maḥrūm) from certain actions.

"And fear Allah, and know that Allah is severe in penalty."

• Ibn 'Abbās: This refers to fulfilling the obligations mentioned.
• Abū Muslim: Penalty ('Iqāb) and retribution (Mu'āqabah) are synonymous, referring to the consequence of one's bad deeds.

Surah Al-Baqarah (The Cow): Verse 197

"Hajj is in the prescribed months. So whoever has made Hajj obligatory upon himself therein—then no sexual relations, no disobedience, and no arguing during Hajj. And whatever good you do - Allah knows it. And take provisions, but indeed, the best of provisions is Taqwa (fear of Allah). And fear Me, O people of understanding."

Issue 1: The Prescribed Months (Ashhur Ma'lūmāt)

Ibn 'Abbās narrated this verse was revealed concerning Ka'b ibn 'Ujrah regarding his head lice during the Treaty of Hudaybiyyah. The intent is that if illness or head injury causes a pilgrim to violate a prohibition, Allah permits the violation upon payment of the Fidyah.

Issue 2: Grammatical Status of Fidyah

Fidyah is in the nominative case (Raf'a) because it is a subject whose predicate is omitted (i.e., "He must pay a Fidyah"). It also implies: "So he shaved, then he must pay a Fidyah."

Issue 3: Scope of the Ruling

• View 1 (Specific): This ruling is specific to the restricted pilgrim who suffers illness or head injury before the offering reaches its destination.
• View 2 (General): The statement is independent for every pilgrim who suffers illness requiring treatment or head injury requiring shaving. Allah permitted this under the condition of the Fidyah.

General Application: Illness may necessitate covering (like clothing), which would be permitted like shaving the head. It may also necessitate using perfume for treatment, which would also be permitted. Head injury could be due to lice, headache, or fear of future pain. This ruling applies generally to all prohibitions of Iḥrām.

Issue 4: Sequence of Payment and Permission

Does the pilgrim pay the Fidyah first, or is he permitted the act first? The apparent meaning suggests delaying the Fidyah, as performing the act (like shaving) is the cause necessitating the Fidyah. The structure implies: "So he shaved, then he must pay a Fidyah."

"...a ransom of fasting, or charity, or a sacrifice."

Issue 1: Meaning of Nusk

Nusk fundamentally means worship. Al-Ibn al-A'rābī said it means pure silver ingots (Sayābik), and a worshipper is called Nāsik because he purifies himself from sin like purifying silver from dross. Nusk is also applied to the sacrifice, being one of the noblest acts of worship.

Issue 2: Minimum Sacrifice

The minimum sacrifice is a sheep (Shāh), as the sacrifice (Nusk) is only fulfilled by a camel, cow, or sheep. The quantity/quality of fasting and charity is not specified in the verse itself.

• View 1 (Majority): The quantity is clarified by the Hadith of Ka'b ibn 'Ujrah: "Then slaughter a sheep as a Nusk, or fast three days, or feed three Ṣā's of dates to six poor people."
• View 2 (Ibn 'Abbās and Al-Ḥasan): Fasting is ten days, and charity is equivalent in measure. They argue that since the verse is general here, it should be referred to the specific ruling mentioned later for the Mutamatti' (ten days). The first view is preferred by most jurists.

Issue 3: Obligation for Unexcused Violation

If someone shaves their head intentionally without excuse, what is the ruling?

• Al-Shāfi'ī and Abū Ḥanīfah: A sacrifice (Dam) is obligatory.
• Mālik: His ruling is the same as if he had an excuse.
• Argument for Obligation: The verse specifies the Fidyah is for those who are sick or have head injury ("Fa-man kāna minkum marīḍan aw bihi adhā min ra'sihi"). The conditional structure implies that if the condition (excuse) is absent, the result (the penalty) is not established.
• Rebuttal: The verse structure implies that the penalty is tied to the violation committed while in Iḥrām. The subsequent phrase "And when you are secure..." implies release from restriction. The Mutamatti' must offer a sacrifice. If the Mutamatti' is not required to offer a sacrifice, then the penalty for the restricted person is for removing hardship, which is not present in the unexcused violation.

"And when you are secure, then whoever enjoys ('Tamatta'a) 'Umrah with Hajj..."

Issue 1: Meaning of Tamattu'

Tamattu' means enjoyment or delight. The Mutamatti' is one who arrives in Mecca during the months of Hajj, performs 'Umrah, remains lawful (Ḥalāl) in Mecca, and then enters Iḥrām for Hajj in that same year. He is called Mutamatti' because he enjoys the permissible things between exiting 'Umrah and entering Hajj. This form is permissible and not disliked.

The Disliked Form of Tamattu' (Prohibited Marriage): 'Umar (RA) warned against two Mut'ahs: Mut'at an-Nisā' (temporary marriage) and Mut'at al-Ḥajj. The latter refers to combining the two consecrations (Iḥrāmayn) but then breaking the Hajj intention to complete the 'Umrah, and then re-entering Iḥrām for Hajj later. Some narrations suggest the Prophet (PBUH) permitted this, but it was later abrogated. Abū Dharr reported that the permission for Mut'at al-Ḥajj was specific to the Prophet's companions because they previously considered 'Umrah during the months of Hajj to be a grave sin. The Prophet (PBUH) exaggerated the permission (by moving them from Hajj to 'Umrah) to abolish that misconception.

Issue 2: Meaning of "Enjoying 'Umrah"

It means enjoying the permissible things because of performing 'Umrah, not enjoying the 'Umrah itself.

"...then [offer] what is easiest of the offering (Hady)."

Issue 1: Conditions for the Tamattu' Sacrifice

Our companions (Shafi'i school) list five conditions for the obligation of the Tamattu' sacrifice:

1. Performing 'Umrah before Hajj.
2. Entering Iḥrām for 'Umrah during the months of Hajj. (If one enters Iḥrām before the months, even if completing the rites during the months, the sacrifice is not due, similar to performing a Pillar before its time).
3. Performing Hajj in that same year.
4. Not being a resident of the Sacred Mosque (Mecca). Residents are those whose families live within the distance of a Qasr (shortened prayer distance, approx. 80-90 km) from Mecca or the Ḥaram.
5. Entering Iḥrām for Hajj from within Mecca after completing 'Umrah. If the pilgrim returns to the Mīqāt to enter Iḥrām for Hajj, the sacrifice is not due, as the obligation stems from neglecting the Mīqāt for Hajj.

Issue 2: Nature of the Tamattu' Sacrifice

• Al-Shāfi'ī: It is a sacrifice of reparation/compensation (Jabrān) for the defect/shortcoming, and thus the pilgrim cannot eat from it.
• Abū Ḥanīfah: It is a sacrifice of ritual worship (Nusk) and the pilgrim can eat from it.

Al-Shāfi'ī's Arguments:

1. Defect in Tamattu': Tamattu' involves a defect, so the offering must be compensatory.
   • Evidence of Defect: 'Uthmān (RA) forbade Mut'ah, and 'Ali (RA) responded that 'Uthmān was trying to eliminate a concession granted due to need and travel.
   • The term Tamattu' (enjoyment) implies relaxation, which contradicts the hardship inherent in worship.
   • Specific Defects: In Tamattu', travel is assigned to 'Umrah (the lesser rite) instead of Hajj (the greater rite). Also, relaxation occurs between the two rites. The Mīqāt is assigned to 'Umrah instead of Hajj.
2. Not an Original Rite: This sacrifice is not an original rite of Hajj or 'Umrah (like the sacrifice of Ifrād or the Hady of the resident). Combining two acts of worship does not necessitate a sacrifice unless there is a defect (unlike combining prayer and fasting).
3. Lack of Time Limit: The offering is required without a specific time limit (unlike other ritual sacrifices), indicating it is compensatory.
4. Substitute is Fasting: The fact that it can be substituted by fasting indicates it is not a pure ritual sacrifice (Nusk), as ritual sacrifices cannot be substituted by fasting.
5. Conclusion: Since Hajj must be complete (2:196), and Tamattu' involves a defect, the offering compensates for this defect to complete the Hajj.

Issue 3: Quantity and Timing of the Tamattu' Sacrifice

The sacrifice is a sheep that has completed its first year (Jadh'ā' from sheep, or Thaniyyah from goats). Six people can share a cow or camel.

• Timing: It becomes due after entering Iḥrām for Hajj (indicated by the Fā' in fa-mā istaisar). It is recommended to slaughter it on the Day of Sacrifice (Yawm al-Naḥr). Abū Ḥanīfah says it must be slaughtered on that day because it is a Nusk like the Uḍḥiyah (Eid sacrifice).

"But whoever cannot find an offering, then [it is] three days of fasting during the Hajj and seven when you have returned. That is ten complete [days]."

Issue 1: Analogy to Finding the Offering

The verse explicitly covers the case where the offering is not found. Jurists analogize this to cases where the pilgrim finds the offering but cannot afford its price, or the money is absent, or the price is exorbitant—in these cases, the fast is substituted.

Issue 2: Timing of the Three Days of Fasting

"Three days of fasting during the Hajj."

• Al-Shāfi'ī: These three days must occur during the Hajj period, specifically after entering Iḥrām for Hajj. Fasting before the Iḥrām for Hajj is invalid, just as fasting Ramadan before its prescribed time is invalid. The time for the Hady (the original obligation) begins with the Iḥrām for Hajj, so the substitute must follow suit.
• Abū Ḥanīfah: Fasting is valid even before the Iḥrām for Hajj.

It is agreed that fasting is permissible during the days of Hajj up until the Day of Sacrifice (Yawm al-Naḥr). It is disliked (or forbidden) to fast on the Days of Tashrīq (11th, 12th, 13th of Dhul-Hijjah).

Issue 3: Meaning of "When You Have Returned" (Idhā Raja'tum)

• Al-Shāfi'ī (New Opinion): Refers to returning to one's family and homeland. If the pilgrim dies before reaching home, the seven days are waived.
• Abū Ḥanīfah: Refers to completing the Hajj rites and beginning the journey back. If he dies after starting the return journey but before reaching home, the fast is still due.
• Al-Shāfi'ī's Argument: The condition is returning home. This is supported by the Prophet's instruction to the companions after the Farewell Pilgrimage: "...and seven when you return to your settlements (Imṣārikum)."

Issue 4: Reading of "Seven"

Ibn Abī 'Ablah read "seven" (Sab'atan) in the accusative case, connecting it to the three days, implying the total is ten days, similar to the structure of charity in expiation for killing.

"That is ten complete [days]."

Skeptics criticize this phrase, arguing that 3 + 7 = 10 is self-evident, and the word "complete" (Kāmilah) implies the existence of an incomplete ten, which is impossible. Scholars offer several benefits:

1. Clarifying Conjunction: The conjunction waw (and) might imply choice (A or B), as in "Sit with Zayd and Ibn Sīrīn" (meaning one or the other). Stating "ten complete" removes the ambiguity that perhaps only the three days or only the seven days were intended.
2. Substitute Completeness: Substitutes are usually inferior to the original (e.g., dry ablution vs. water). Allah clarifies that this substitute (fasting) is complete in reward, equaling the offering. This reassures the fasting pilgrim of the full reward. The number ten is mentioned to support the adjective "complete."
3. Removing Potential Exception: If Allah had only said "three days during Hajj and seven upon return," it might be assumed that some of these days are excluded by other textual evidence. Stating "ten complete" confirms that no exceptions apply to this count.
4. Defining the Number: Ten is a defined number in Arabic counting (units, tens, hundreds, thousands). Stating it is "complete" defines it as a whole number, free from fractions or combinations.
5. Emphasis (Tawkīd): Emphasis through multiple descriptions is common in Arabic (e.g., "the hearts that are in the breasts"). This emphasis indicates the high importance of adhering strictly to the count, as it relates to a complete act of worship.
6. Clarity for Arabs: The Arabs were not expert mathematicians. Allah clarified the total count definitively.
7. Removing Scribal Ambiguity: The digits 7 and 9 are visually similar in script; stating "ten complete" removes any doubt arising from misreading the script.
8. Clarifying Addition: It clarifies whether the seven days upon return are in addition to the three days already fasted, or if the total upon return should be seven (including the prior three). Stating "ten complete" confirms the seven days upon return are separate from the three days during Hajj.
9. Command Implied by News: Although phrased as news (Khabar), the meaning is an imperative. Since Hajj must be complete, these fasts are compensation for the defect in the Tamattu' Hajj, so they must be complete fasts to fully compensate for the defect in the required complete Hajj.
10. Supreme Status of the Act: Fasting is attributed to Allah with the particle of specification (Lām), just as Hajj is attributed to Him. Both Hajj and fasting are arduous acts whose wisdom is not fully grasped by reason, requiring performance purely for Allah's pleasure. Combining the hardship of fasting during Hajj and the hardship of fasting after returning signifies an act of supreme perfection, warranting the declaration: "That is ten complete [days]."

"That is for those whose families are not present at the Sacred Mosque."

Issue 1: Reference of "That" (Dhālika)

• Al-Shāfi'ī: Refers to the nearest preceding matter: the obligation of the Hady and its substitute upon the Mutamatti'. Thus, only non-residents owe the sacrifice. The resident (Makkī) does not owe it because he is not required to enter Iḥrām from the Mīqāt for Hajj; therefore, his Tamattu' involves no defect in his Iḥrām procedure.
• Abū Ḥanīfah: Refers to the furthest preceding matter: the ruling on Tamattu' itself. Thus, residents are forbidden from performing Tamattu' or Qirān, and if they do, they owe a penalty (Janaayah) from which they cannot eat.

Al-Shāfi'ī's Arguments:

1. The verse "So whoever enjoys 'Umrah with Hajj" is general and includes residents.
2. The pronoun Dhālika refers to the nearest antecedent (the Hady obligation).
3. Qirān and Tamattu' were legislated to abrogate the pre-Islamic prohibition of 'Umrah during the Hajj months, and abrogation applies universally.
4. The resident who performs Ifrād is capable of Tamattu', but the sacrifice is waived due to the reason mentioned (no defect in Iḥrām procedure).

Abū Ḥanīfah's Argument: Dhālika refers to everything mentioned previously, as no part is prioritized over another.

Issue 2: Definition of "Present at the Sacred Mosque" (Ḥāḍirī al-Masjid al-Ḥarām)

• Mālik: Residents of Mecca and the people of Dhū Ṭuwā. He stated that if the people of Mina enter Iḥrām for 'Umrah from their permissible spot and stay in Mecca until Hajj, they are Mutamatti'ūn.
• Al-Shāfi'ī: Those whose families live less than the distance of a Qasr (shortened prayer distance, approx. 80-90 km) from Mecca. If they are exactly at the distance of Qasr, they are not considered residents.
• Abū Ḥanīfah: Those residing at the Mawāqīt (Dhū al-Ḥulayfah, Al-Juḥfah, Qarn, Yalamlam, Dhāt 'Irq) and those beyond them towards Mecca.

Preference for Mālik's View: The literal meaning of "present at the Sacred Mosque" refers to those who physically witness and attend the Mosque, i.e., the people of Mecca. However, Al-Shāfi'ī argues that "Sacred Mosque" often refers to the entire Sanctuary (Ḥaram), as seen in the Isra' verse (17:1) and the verse on the offering's destination (22:33). The term "present" (Ḥāḍir) is the opposite of "traveler" (Musāfir), and travel is defined by the distance of Qasr.

Issue 3: Meaning of the Lām in Liman

Al-Farrā' suggests the Lām means "upon" ('Alā), meaning the obligation (sacrifice or fast) is incumbent upon those who are not residents of Mecca.

Issue 4: Presence of Family vs. Pilgrim

The ruling refers to the presence of the pilgrim's family, not the pilgrim himself, although the pilgrim usually resides where his family resides.

Issue 5: Meaning of Al-Masjid al-Ḥarām

It is described as "Sacred" because the area is forbidden (Maḥrūm) from certain actions.

"And fear Allah, and know that Allah is severe in penalty."

• Ibn 'Abbās: This refers to fulfilling the obligations mentioned.
• Abū Muslim: Penalty ('Iqāb) and retribution (Mu'āqabah) are synonymous, referring to the consequence of one's bad deeds.

Surah Al-Baqarah (The Cow): Verse 197 (Continued)

"Hajj is in the prescribed months. So whoever has made Hajj obligatory upon himself therein—then no sexual relations, no disobedience, and no arguing during Hajj. And whatever good you do - Allah knows it. And take provisions, but indeed, the best of provisions is Taqwa (fear of Allah). And fear Me, O people of understanding."

Issue 1: The Prescribed Months (Ashhur Ma'lūmāt)

The Hajj months are Shawwāl, Dhul-Qa'dah, and the first ten days of Dhul-Hijjah.

Issue 2: Prohibition of Sexual Relations, Disobedience, and Arguing

"So whoever has made Hajj obligatory upon himself therein—then no sexual relations, no disobedience, and no arguing during Hajj."

• Sexual Relations (Rafath): Prohibited for the one in Iḥrām.
• Disobedience (Fusūq): Refers to all sins, including cutting hair, using perfume, hunting, etc., which are forbidden during Iḥrām.
• Arguing (Jidāl): Disputes and contentious arguments are forbidden.

Issue 3: Good Deeds and Allah's Knowledge

"And whatever good you do - Allah knows it." This is a general encouragement to perform all acts of worship and obedience perfectly, as Allah is fully aware of them.

Issue 4: Taking Provisions (Tazawwud)

"And take provisions..." This is an imperative command to prepare provisions for the journey.

• The Best Provision: "...but indeed, the best of provisions is Taqwa (fear of Allah)." This means the best provision for the journey (both worldly and spiritual) is piety and consciousness of Allah.

Issue 5: Command to Fear Allah

"And fear Me, O people of understanding." This final address emphasizes the importance of understanding the gravity of the commands and prohibitions, especially regarding the sanctity of the Hajj rites.