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
If One Forgets or Leaves Out to do a Necessary Action During Hajj then Dam (Sacrificing a Goat) is Necessary
Esa Ibn Talha: One Hadith
 From Malik, from Ibn Shihab from Esa Ibn Talha that Abdullah Ibn Amr Ibn al-As said, “The Messenger of Allah, (Sallalahu Alayhi Wa Sallam) stopped for the people at Mina, and they questioned him and a man came and said to him, ‘Messenger of Allah, I was unclear about what to do and I shaved before sacrificing,’ and the Messenger of Allah (Sallalahu Alayhi Wa Sallam) said, ‘Sacrifice, and don’t worry.’ Then another came to him and said ‘Messenger of Allah, I was unclear about what to do and I sacrificed before throwing the stones.’ He advised, ‘Throw, and don’t worry.’ “
Amr continued saying, that day whatever the Messenger of Allah (Sallalahu Alayhi Wa Sallam) was asked about in which it was delayed or done early then he replied do it and there is no problem.
[GRADING] – [SAHIH]
Ibn Shihab az-Zuhri clarified (hearing this hadith from Esa Ibn Talhah Ibn Ubaydillah) with Bukhari (no.1738)
[REFERENCES] – [AGREED UPON]
Al-Muwatta (Yahya’s narration 1/421 hadith no.970, book 20, chapter 81, hadith no.242), at-Tamhid (7/264) and he said, “this hadith is authentic”, al-Istidhkar: (no.911)
Transmitted by Bukhari (no.83, no.1736) and Muslim (no.1306) from the hadith of Malik
[UNDERSTANDING FROM THE HADITH]
1) There is no problem if the stones have been thrown or the sacrifice is done late or early unknowingly, and there is no dam (sacrificing a goat) that is necessary.
2) If a necessary action is left after having knowledge about it, then dam is necessary. Ibn Abas (Radi Allahu Anhu) said, “Whoever forgets or doesn’t do a (necessary) action from Hajj or Umrah then that person has to do dam meaning sacrifice a goat and distribute (it) to the poor people in the Haram. (as-Sunan al-Kubra of al Bayhaqi 5/30 and its chain is authentic, al-Muwatta of Imam Malik 1/419, hadith no.968 and its chain is authentic)
3) A summary of one hadith is that if a person performing Hajj can’t perform the tawaf before the evening on the day of sacrifice (10 Dhul Hijjah) then all the (Ihram’s) bounding (required) actions have to performed again by him meaning he has to put the Ihram back on and do the visiting tawaf. See Sunan Abu Dawud (no.1999) and its chain is [Hasan] good and Ibn Khuzaimah has authenticated it (no.2958)
4) The people of knowledge should tell the people about knowledgeable things that are in accordance to the Quran, Sunnah and the Shar’iah compliant proofs during the days of Hajj (and additionally before and after it).
5) There is a consensus that the person performing Hajj and Umrah that is in the state of Ihram will not cut his hair or have it cut. If the hair has to be cut because of a Shar’iah compliant excuse then dam will need to be done.
6) It is best to cut (shave) the hair after throwing the stones at Jamarah Aqabah.
7) For more detailed issues about the Hajj and Umrah see my (translated and verified) book “the day and night of the person performing Hajj”