107. THE BASES OF THOSE WHO OPINED THAT ALLAH’S MESSENGER GENERALIZED HIS IHRAM
It has been related from Ash-Shafi‘i to be his preferred opinion, albeit it is a weak opinion. Ash-Shafi‘i, may Allah have Mercy on him, said: Allah’s Messenger, (Peace and Blessings of Allah be upon him), set out from Madinah without specifying Hajj or ‘Umrah; rather he waited for a ruling (from Allah). The ruling was revealed to him while he was between Safa and Marwah. Thus he commanded those from his Companions who had intended Hajj but did not bring along a Hady to make it an ‘Umrah. He said: “Had I been privy to what I now possess of knowledge, I would not have driven the Hady but I have matted my hair and have driven the Hady so I will not finish my Ihram until I have slaughtered them.” Then Suraqah Ibn Malik rose and said to him: “O Messenger of Allah, give us the ruling of the common people who have just been born today. Is this ‘Umrah of ours only for this year or forever?” Allah’s Messenger, (Peace and Blessings of Allah be upon him), said: “It is forever. ‘Umrah has been entered into Hajj until the Day of Resurrection.”
Thereafter, ‘Ali came from Yemen and the Prophet, (Peace and Blessings of Allah be upon him), asked him: “What intention have you made?” He responded: “Here I am with an intention similar to that of the Prophet.” Or (he said): “Here I am, intending the Hajj of the Prophet.”
This Hadith is a mursal from Tawoos and there is some strangeness in it. AshShafi‘i’s own principle is that he does not accept mursal absolutely except if it is strengthened by another narration with the exception that it (the mursal) is from senior Followers (Tabi‘een) as his statement in Ar-Risalah indicates.
This is because in most cases, they (the Tabi‘een) do not drop a narrator except that he is a Companion. And Allah (SWT) knows Best. This mursal, however, is not from this set; rather, it contradicts all the Ahadeeth cited earlier – the Ahadeeth of Ifrad, Tamattu’
and Qiran — all of which are authentically related as pointed out earlier. All those Ahadeeth take precedence for they are evidence of affirmation while this mursal is that of negation and an evidence of affirmation takes precedence over that of negation if they are equal (in status and strength). How much more is it if a Musnad Saheeh contradicts a mursal which does not even rise up to the level of evidence due to the break in its chain. And Allah, the Exalted, knows best.
It is related that ‘A’ishah (May Allah be pleased with her) said: “We set out with Allah’s Messenger, (Peace and Blessings of Allah be upon him), without specifying Hajj or ‘Umrah. When we arrived, he ordered us to exit from Ihram. When it was the night of departure, Safiyyah Bint Huyayy saw her menses and the Prophet, (Peace and Blessings of Allah be upon him), said: “A ruptured vein, there is nothing more than that; she is going to detain you.” He asked her: “Did you circumambulate (the Ka‘bah) on the day of Nahr?” She replied in the affirmative.
“Then you may depart,” the Prophet, (Peace and Blessings of Allah be upon him), said. ‘A’ishah (May Allah be pleased with her) narrated further: I said: “O Allah’s Messenger, I have not made my intention.” The Prophet, (Peace and Blessings of Allah be upon him), said: “Assume ‘Umrah from Tan‘eem.” The sub-narrator added: Her brother accompanied her. ‘A’ishah (May Allah be pleased with her) added: “We met at the tail end of the night.” He said: “Your meeting point is at such-and-such place.” This is understood that this is not to be mentioned along with the Talbiyah even though it was mentioned at the point of Ihram as contained in the Hadith of Anas: I heard Allah’s Messenger, (Peace and Blessings of Allah be upon him), say: “Labbaik Allahumma Hajjan wa ‘Umratan.” (Here I am intending Hajj and ‘Umrah). I heard them raising their voices together with both statements. As for the Hadith related by Muslim from Jabir and Abu Sa’eed Al-Khudri, who both narrated: “We arrived along with Allah’s Messenger, (Peace and Blessings of Allah be upon him), while we were raising our voices high with Hajj (Talbiyah).” Based on this, the Hadith is problematic. And Allah (SWT) knows best.
By: Ibn Katheer
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