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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.58 –:– The Explanation of (Performing a) Substitute Hajj

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

The Explanation of (Performing a) Substitute Hajj

Sulayman Ibn Yasar: One Hadith

[58] From Malik from Ibn Shihab from Sulayman Ibn Yasar that Abdullah Ibn Abas (Radiullahu Anhu) said, “Al-Fadhl Ibn Abas was riding behind the Messenger of Allah (Sallalahu Alayhi Was-Sallam) when a woman from the Khathama tribe came to him to ask him for a fatwa. Al-Fadhl began to look at her, and she at him, and the Messenger of Allah (Sallalahu Alayhi Was-Sallam) turned Fadhl’s face away to the other side. The woman said, ‘Messenger of Allah, Allah made the Hajj obligatory when my father became a very old man, unable to stay firm on his riding-beast. Can I do Hajj for him?’, and he said, ‘Yes.’ This was during the farewell Hajj.”

[GRADING] – [SAHIH]

Ibn Shihab az-Zuhri clarified hearing (this hadith from Sulayman Ibn Yasar) in Bukhari (no.6228)

[REFERENCES] – [AGREED UPON]

Al-Muwatta (Yahya’s narration 1/359 hadith no.815, book 20, chapter 30, hadith no.97) at-Tamhid (9/122) and he said, “This hadith is authentically established” al-Istidhkar: (no.765)   

Transmitted by Bukhari (no.1513) and Muslim (no.1334) from the hadith of Malik.

[UNDERSTANDING FROM THE HADITH]

1) There is a consensus (of the majority of the scholars) that a man can perform Hajj on behalf of a woman and a woman can perform Hajj on behalf of a man, only Hasan Ibn Saleh understands it to be disliked. (al-Ijma of Ibn al-Mundhir: (no.210) the night and day of a person performing Hajj (pg.90))

2) Some scholars have used this hadith as a proof that it is not obligatory and compulsory for a woman to cover (veil, hide) her face from non-mahram men whilst she is in the state of Ihram, however it is more virtuous that a woman covers (veils) her face from a non-mahram man. Fatimah Bint Mundhir says that whilst we were in the state of Ihram, we would cover (veil, hide) our faces (from non-mahram men) and we had Asma (Radi Allahu Anha) the daughter of Abu Bakr as-Sidiq (Radi Allahu Anhu) with us. (al-Muwatta, Yahya’s narration (1/328) hadith (no.734) and its chain is [Sahih] authentic.)

3) Two people (or more) can ride on a vehicle (or riding animal) if it has the strength to take the load.

4) There is a consensus that if a person who has reached the age of maturity reaches Arafah on the day of Hajj with the intention of performing it, then that person would have performed Hajj Faridah, even if that person was poor or reached Makah for any reason.

5) The only person that can perform Hajj on behalf of the dead person is the one who has themselves performed Hajj Faridah, just as it is established from the Shibrmah hadith. See al-Mu’jam as-Saghir of at-Tabarani ((1/226) and its chain is [Hasan] good)

6) Seeking forgiveness from Allah the Most High should be done all the time because no matter how much a person is righteous, it is possible for them to make mistakes and errors.

7) It is necessary for the person who is ruling (or has authority) to command the good and prohibit the bad.

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