Sacrificial Animals in General

171 Yahya related to me from Malik from Sadaqa ibn Yasar al-Makki that a man from the people of Yemen who had his hair braided came to 'Abdullah ibn 'Umar and said, " Abu 'Abd ar-Rahman, I have come to do 'umra by itself." 'Abdullah ibn 'Umar said to him, " If I had been with you or you had asked me I would have told you to do hajj and 'umra together." The Yemeni answered, " I am doing what I am doing, " and 'Abdullah ibn 'Umar said to him, " Cut off the locks that are hanging from your head and offer a sacrifcial animal." A woman from Iraq said, " What should his sacrificial animal be, Abu 'Abd ar-Rahman? " and he said, " His sacrificial animal? " and she said to him, " What should his sacrificial animal be? " 'Abdullah ibn 'Umar said, " If I could only find a sheep to sacrifice, I would prefer to do that than to fast."

172 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, " A woman in ihram should not comb her hair when she leaves ihram until she has cut off some tresses from her hair, and if she has an animal for sacrifice with her she should not cut off any of her hair until the animal has been killed."

173 Yahya related to me from Malik that he had heard one of the people of knowledge say, " A man and wife should not share in one sacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with an animal for him to sacrifice on hajj, who went into ihram for 'umra, should sacrifice it when he came out of ihram or postpone it so that he sacrificed it at the time of the hajj having in the meantime come out of ihram from his 'umra. He said, " He should postpone it so that he may sacrifice it at the time of the hajj, and meanwhile come out of ihram from his 'umra."

Malik said, " If it is judged that someone must offer an animal for having killed game, or for any other reason, this animal can only be sacrificed at Makka, since Allah, the Blessed and Exalted, says, '...a sacrificial to reach the Ka'ba.' The fasting or sadaqa that is considered equivalent to offering a sacrifice can be done outside Makka, and the person who is doing it can do it wherever he likes."

174 Yahya related to me from Malik from Yahya ibn Sa'id from Ya'qub ibn Khalid al-Makhzumi that Abu Asma', the mawla of 'Abdullah ibn Ja'far, told him that he was with 'Abdullah ibn Ja'far when they set out once from Madina. At as-Suqya they passed by Husayn ibn 'Ali, who was ill at the time. 'Abdullah ibn Ja'far stayed with him and then, when he feared that he was late (for the hajj), he left and sent for 'Ali ibn Abi Talib and Asma bint 'Umays in Madina, and they came to Husayn. Then Husayn pointed to his head, and 'Ali told someone to shave his head. Then he sacrificed an animal for him at as-Suqya, killing a camel for him.

Yahya ibn Sa'id added, " Husayn had set out with 'Uthman ibn 'Affan on that particular journey to Makka."

20.53 The Wuquf (Standing) at 'Arafa and Muzdalifa

175 Yahya related to me from Malik that he had heard that the Messesenger of Allah, may Allah bless him and grant him peace, said, " The whole of 'Arafa is a standing-place, except the middle of 'Urana, and the whole of Muzdalifa is a standing-place, except for the middle of Muhassir."

[In Muslim]

176 Yahya related to me from Malik from Hisham ibn 'Urwa that 'Abdullah ibn az-Zubayr used to say, " Know that the whole of 'Arafa is a standing-place except for the middle of 'Urana, and that the whole of Muzdalifa is a standing-place except for the middle of Muhassir."

Malik said, " Allah, the Blessed and Exalted says, 'There is to be no rafath, no fusuq and no jidal during the hajj.'" (2: 187).

He added, " Rafath is sexual relations with women, and Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with your women is permitted to you on the night of the fast.' (2: 187). Fusuq are sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted, says, 'Or a fisq offered up to other than Allah.' (2: 145)

Jidal (arguing) during the hajj refers to when the Quraysh used to stand near the Mash'ar al-Haram at Quzah in Muzdalifa, while the Arabs and others would stand at 'Arafa, and they would argue about who was the more correct.

Allah, the Blessed and Exalted, says, 'We have appointed for every nation a rite that they observe. So let them not dispute with you about the matter. Call the people to your Lord. You are guided straight.' (22: 67) This is what jidal refers to in our opinion, and Allah knows best. I have head this from the people of knowledge."

20.54 Wuquf while not in Wudu', and Wuquf on a Riding Beast

177 Malik was asked about whether a man could stand at 'Arafa, or at Muzdalifa, or stone the Jamras, or do sa'y between Safa and Marwa if he was not in wudu', and he said, " Every practice in the hajj that a menstruating woman can take part in can be taken part in by a man who is not in wudu', and there is nothing due from him for that. However, it is better for him to be in wudu' for all those things, and he should make a general practice of it."

Malik was asked whether a man who was riding should get down to do the standing at 'Arafa, or if he could stand while mounted, and he said, " He can stand while mounted, unless he or his riding beast has an illness, in which case Allah is the one who most often accepts an excuse."

20.55 The Wuquf at 'Arafa of Someone who Misses the Hajj

178 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, " Someone who does not stand at 'Arafa on the night of Muzdalifa before the dawn breaks has missed the hajj, and someone who stands at 'Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj."

179 Yahya related to me from Malik from Hisham ibn 'Urwa that his father said, " Someone who does not stand at 'Arafa on the night of Muzdalifa before the dawn breaks has missed the hajj, and someone who stands at 'Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj."

Malik said about a slave freed during the wuquf at 'Arafa, " His standing does not fulfil for him the hajj of Islam, except if he was not in ihram and then he went into ihram after he was freed and he stood at 'Arafa that same night before the dawn broke - in which case that is enough for him. If, however, he did not go into ihram until after the dawn had broken, he is in the same position as someone who misses the hajj by not catching the standing at 'Arafa before the breaking of the dawn on the night of Muzdalifa, and he will have to perform the hajj of Islam later."

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