Umra in the Months of Hajj

56 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, performed 'umra three times: in the year of Hudaybiyya, in the year of al-Qadiyya (the Fulfilled 'Umra), and in the year of al-Ji'rrana.*

* The first 'umra was in the year of the Treaty of Hudaybiyya, the second in the year after the Truce, and the third on his return from Ta'if at Ji'rrana.

57 Yahya related to me from Malik from Hisham ibn 'Urwa from his father, that the Messenger of Allah, may Allah bless him and grant him peace, only performed three 'umras, one of them in Shawwal, and two in Dhu'l-Qa'da.

58 Yahya related to me from Malik from 'Abd ar-Rahman ibn Harmala al-Aslami that somebody asked Sa'id ibn al-Musayyab, " Can I do 'umra before I do hajj? ", and Sa'id said, " Yes, the Messenger of Allah, may Allah bless him and grant him peace, did 'umra before doing hajj."

[cf. Bukhari 1684]

59 Yahya related to me from Malik, from Ibn Shihab from Sa'id ibn al-Musayyab that 'Umar ibn Abi Salama once ask 'Umar ibn al-Khattab for permission to do 'umra in Shawwal. He gave him permission, so he did 'umra and then went back to his family, and he did not do hajj.

20.18 When to Stop Saying the Talbiya for 'Umra

60 Yahya related to me from Malik from Hisham ibn 'Urwa that this father would stop saying the talbiya when he entered the Haram if he was performing 'umra.

Malik said that someone who went into ihram at at-Tan'im should stop saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people of Madina, or elsewhere, who had begun doing 'umra at one of the miqats, should stop saying the talbiya, and he said, " Someone who goes into ihram at one of the miqats should stop saying the talbiya when he arrives at the Haram."

Malik added, " I have heard that 'Abdullah ibn 'Umar used to do that."

20.19 Hajj at-Tamattu'

61 Yahya related to me from Malik from Ibn Shihab that Muhammad ibn 'Abdullah ibn al-Harith ibn Nawfal ibn 'Abd al-Muttalib told him that in the year when Mu'awiya ibn Abi Sufyan went on hajj he had heard Sa'd ibn Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu' between 'umra and hajj. Ad-Dahhak ibn Qays said, " Only someone who is ignorant of what Allah, the Exalted and Glorified, says would do that." Whereupon Sa'd said, " How wrong is what you have just said, son of my brother! " Ad-Dahhak said, " 'Umar ibn al-Khattab forbade that, " and Sa'd said, " The Messenger of Allah, may Allah bless him and grant him peace, did it, and we did it with him."

[cf Bukhari 1637]

62 Yahya related to me from Malik from Sadaqa ibn Yasar that 'Abdullah ibn 'Umar said, " By Allah, I would rather do 'umra before hajj and sacrifice an animal than do 'umra after hajj in the month of Dhu'l-Hijja."

63 Yahya related to me from Malik from 'Abdullah ibn Dinar that 'Abdullah ibn 'Umar used to say, " Anyone who does 'umra in the months of hajj, that is, in Shawwal, Dhu'l-Qa'da, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu' if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, " This is only the case if he stays until the Hajj and does hajj in that same year."

Malik said that if someone who was from Makka, but had stopped living there and gone to live elsewhere, came back to do 'umra in the months of the Hajj and then stayed in Makka to begin hajj there, he was doing tamattu', and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do 'umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu' or not, and he said, " Yes, he is doing tamattu', and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

64 Yahya related to me from Malik that Yahya ibn Sa'id used to hear Sa'id ibn al-Musayyab say, " Anyone that does 'umra in Shawwal, Dhu'l-Qa'da or Dhu'l-Hijja, and then stays in Makka until it is time for the hajj, is doing tamattu' if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

20.20 Circumstances in which Tamattu' is not Obligatory

65 Malik said, " Someone who does 'umra in Shawwal, Dhu'l-Qa'da or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on someone who does 'umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does 'umra in the months of the Hajj and then begins his hajj there is not doing tamattu'. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do 'umra in the months of the Hajj, and then began his hajj there, beginning his 'umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu' or not? Malik answered, " He does not have to sacrifice an animal or fast as someone who is doing tamattu' has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at the Masjid al-Haram.' "

About 'Umra in General

66 Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn 'Abd ar-Rahman, from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, " 'Umra is an expiation for what is between it and the next 'umra, and the only reward for an accepted hajj is the Garden."

[cf Bukhari 1683]

67 Yahya related to me from Malik that Sumayy, the mawla of Abu Bakr ibn 'Abd ar-Rahman, heard Abu Bakr ibn 'Abd ar-Rahman say, " A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I had arranged to do hajj, but I was prevented, ' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do 'umra in Ramadan, for doing 'umra in it is like doing hajj.' "

[In Abu Dawud, at-Tirmidhi, an-Nasa'i and Ibn Majah]

68 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that 'Umar ibn al-Khattab said, " Keep your hajj separate from your 'umra - that way your hajj will be more complete. And your 'umra will be more complete if you do it outside of the months of the hajj."

69 Yahya related to me from Malik that he had heard that 'Uthman ibn 'Affan would sometimes never get down from the animal he was riding on when he was doing 'umra, until he had returned.

Malik said, " 'Umra is a sunna, and we do not know of any Muslim who has ever said that it is permissible not to do it."

Malik said, " I do not think that anyone can do more than one 'umra in any one year."

Malik said that someone doing 'umra who had sexual intercourse with his wife had to sacrifice an animal and do a second 'umra, which he had to begin when he had finished the one that he had spoiled and that he should go into ihram at the same place where he went into ihram for the 'umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.

Malik said, " Someone who enters Makka to do 'umra, and does tawaf of the House and sa'y between Safa and Marwa while he is in janaba, or not in wudu', and afterwards has intercourse with his wife, and then remembers, should do ghusl or wudu', and then go back and do tawaf around the House and sa'y between Safa and Marwa and do another 'umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram."

Malik said, " As for beginning 'umra at at-Tan'im, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tan'im) or one which is further away."

20.22 Marriage while in Ihram

70 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent Abu Rafi' and a man of the Ansar to arrange his marriage to Maymuna bint al-Harith, and the Messenger of Allah, may Allah bless him and grant him peace, was in Madina before he had left for 'umra.

71 Yahya related to me from Malik from Nafi', from Nubayh ibn Wahb, who was from the tribe of Banu 'Abd ad-Dar, that 'Umar ibn 'Ubaydullah sent a message to Aban ibn 'Uthman (who was amir of the Hajj at the time), while both of them were in ihram, saying " I want to give the daughter of Shayba ibn Jubayr in marriage to Talha ibn 'Umar and I want you to be present." Aban told him that he should not do that and said, " I heard 'Uthman ibn 'Affan say that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A man in ihram should not marry, or give in marriage, or get betrothed.' "

[In Muslim]

72 Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri told him that his father Tarif had married a woman while he was in ihram, and 'Umar ibn al-Khattab had rescinded the marriage.

73 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, " Someone in ihram may neither get married, nor arrange a marriage for himself or others."

74 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab, Salim ibn 'Abdullah and Sulayman ibn Yasar were asked about whether someone in ihram could get married, and they said, " Someone in ihram may neither get married nor give someone in marriage."

Malik said that a man who was in ihram could take his wife back, if he wanted to, if she was still in her 'idda after she had been divorced from him.

Cupping while in Ihram

75 Yahya related to me from Malik from Yahya ibn Sa'id from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was once cupped on the top of his head while he was in ihram at Lahya Jamal, which is a place on the road to Makka.

[cf Bukhari 1739]

76 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, " Someone in ihram should not be cupped except when there is no other alternative."

Malik said, " Someone who is in ihram should not be cupped except when it is absolutely necessary."

20.24 Game that can be Eaten by Someone who is in Ihram

77 Yahya related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah at-Taymi from Nafi', the mawla of Abu Qatada al-Ansari, that Abu Qatada was once with the Messenger of Allah, may Allah bless him and grant him peace. When they got to one of the roads to Makka he fell behind with some companions of his who were in ihram, while he was not. Then he saw a wild ass, so he got on his mount and asked his companions to give him his whip but they refused. Then he asked them for his spear and they refused to give it to him. So he took hold of it and attacked the ass and killed it. Some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, ate from it, and others refused. When they had caught up with the Messenger of Allah, may Allah bless him and grant him peace, they asked him about it and he said, " It is food that Allah has fed you with."

[cf Bukhari 2757]

78 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that az-Zubayr ibn al-'Awwam used to take dried gazelle meat (safif adh-dhiba) as provisions while he was in ihram.

Malik explained, " Safif are dried strips of meat."

79 Yahya related to me from Malik from Zayd ibn Aslam that 'Ata' ibn Yasar had told him from Abu Qatada the same hadith about the wild ass as that of Abu'n-Nadr, except that in the hadith of Zayd ibn Aslam the Messenger of Allah, may Allah bless him and grant him peace, said, " Do you still have any of its meat? "

[In Bukhari]

80 Yahya related to me from Malik that Yahya ibn Sa'id al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from 'Isa ibn Talha ibn 'Ubaydullah, from 'Umayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and he said, " Leave it. The man to whom it belongs is about to come." Then al-Bahzi, the man himself, came to the Prophet, may Allah bless him and grant him peace, and said, 'Messenger of Allah, do whatever you want with this ass, ' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-'Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, lying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.

[In an-Nasa'i]

81 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id ibn al-Musayyab relating from Abu Hurayra that he was once coming back from Bahrain, and, when he reached ar-Rabadha, he found a caravan of people from Iraq in ihram, who asked him whether they could eat the meat of some game which they had found with the people of ar-Rabadha, and he told them they could eat it. He said, " Afterwards I had doubts about what I had told them to do, so when I got back to Madina I mentioned the matter to 'Umar ibn al-Khattab and he said, 'What did you tell them to do? ' I said, 'I told them to eat it.' 'Umar ibn al-Khattab said, threatening me, 'If you had told them to do anything else I would have done something to you.' "

82 Yahya related to me from Malik from Ibn Shihab that Salim ibn 'Abdullah heard Abu Hurayra relating to 'Abdullah ibn 'Umar how a group of three people in ihram had passed him at ar-Rabadha and had asked him for a fatwa about eating game which people who were not in ihram were eating, and he told them that they could eat it. He said, " Then I went to 'Umar ibn al-Khattab in Madina and asked him about it, and he said, 'What did you say to them? ' and I said, 'I told them that they could eat it.' 'Umar said, 'If you had told them anything else I would have done you an injury.' "

83 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar that Ka'b al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game-meat and Ka'b said they could eat it. When they got back to Madina they went to 'Umar ibn al-Khattab and told him about that, and he said, " Who told you you could do that? ", and they said, " Ka'b." He said, " He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Ka'b told them to catch them and eat them. When they got back to 'Umar ibn al-Khattab they told him about this, and he said (to Ka'b), " What made you tell them they could do that? " Ka'b said, " It is game of the sea." He said, " How do you know? ", and Ka'b said, " Amir al-Muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether someone in ihram could buy game that he had found on the way. He replied, " Game that is only hunted to be offered to people performing hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a someone in ihram comes across and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for someone in ihram to fish in the sea or in rivers and lakes, etc.

20.25 Game that is not Halal to Eat in Ihram

84 Yahya related to me from Malik from Ibn Shihab from 'Ubaydullah ibn 'Abdullah ibn 'Utba ibn Mas'ud from 'Abdullah ibn 'Abbas that as-Sa'b ibn Jaththama al-Laythi once gave a wild ass to the Messenger of Allah, may Allah bless him and grant him peace, while he was at al-Abwa or Waddan, and the Messenger of Allah, may Allah bless him and grant him peace, gave it back to him. However, when the Messenger of Allah, may Allah bless him and grant him peace, saw the expression on the man's face he said, " We only gave it back to you because we are in ihram."

[cf Bukhari 1729]

85 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr that 'Abd ar-Rahman ibn 'Amir ibn Rabi'a said, " I once saw 'Uthman ibn 'Affan in ihram on a hot summer's day at al-'Arj, and he had covered his face with a red woollen cloth. Some game-meat was brought to him and he told his companions to eat. They asked, 'Will you not eat then? ', and he replied, 'I am not in the same position as you. It was hunted for my sake.' "

86 Yahya related to me from Malik from Hisham ibn 'Urwa, from his father that 'A'isha, Umm al-Muminin, said to him, " Son of my sister, it is only for ten nights, so if you get an urge for it, leave it, " by which she meant eating game-meat.

Malik said that if game was hunted for the sake of a man who was in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, " It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not give permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, " It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by someone in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

Hunting in the Haram

87 Malik said, " It is not halal to eat any game that has been hunted in the Haram, or has had a dog set after it in the Haram and then been killed outside the Haram. Anyone who does that has to pay a forfeit for what has been hunted. However, someone that sets his dog after game outside the Haram and then follows it until it is hunted down in the Haram does not have to pay any forfeit, unless he set the dog after the game near to the Haram. The game, however, should not be eaten. If he set the dog loose near the Haram then he has to pay a forfeit for the game."

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