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 Description (Explanation) of the Types of Hajj
Muhamad Ibn Abdullah Ibn al-Harith: One Hadith
 From Malik, from Ibn Shihab, that Muhamad Ibn Abdullah Ibn al-Harith Ibn Nawfal Ibn Abd al-Mutalib told him that he had heard Sa’d Ibn Abi Waqas and ad-Dahak Ibn Qays discussing tamatu in between Umra and Hajj. Ad-Dahak 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-Dahak said, ”Umar Ibn al-Khatab forbade that,” and Sa’d said, “The Messenger of Allah (Sallalahu Alayhi Wa Sallam) did it, and we did it with him.”
[GRADING] – [IT’S CHAIN IS HASAN AND THE HADITH IS SAHIH]
Ibn Shihab az-Zuhri clarified (hearing this hadith from Muhamad Ibn Abdullah Ibn al-Harith) with Ibn Hibban (al-Ihsan: no.3912 [no.3923]) and it has a witness with Muslim (no.1225)
Al-Muwatta (Yahya’s narration 1/344 hadith no.778, book 20, chapter 19, hadith no.60), at-Tamhid (8/341, 342), al-Istidhkar: (no.728)
Transmitted by Tirmidhi (no.823) and Nasa’i (5/152 hadith no.2735) from the hadith of Malik and Tirmidhi said, “This hadith is Hasan Sahih.”
[UNDERSTANDING FROM THE HADITH]
1) Hajj Tamatu’ is allowed up until the day of Judgement just as Hajj Qiran and Hajj Ifrad is. Rather in accordance to some scholars the Hajj Tamatu’ is better.
2) The saying and actions of the elders is not proof in comparison to the clear authentic texts. When Umar (Radi Allahu anhu) performed Ijtihad and prohibited Hajj Tamatu’, his son Abdullah Ibn Umar (Radi Allahu anhu) differed with him and said Hajj Tamatu’ is Halal. (See Sunan at-Tirmidhi hadith no.824 and its chain is authentic)
The Quran and Sunnah should be given preference in every difference of opinion.
3) Imam Tirmidhi and Ibn Hibban have declared Muhammad Ibn Abdullah Ibn al-Harith Ibn Nawfal as being trustworthy therefore he is Hasan ul-Hadith (good in hadith), it is incorrect to say that he is [Majhul] (unknown) or [Mastur] (hidden).
4) Abdullah Ibn Umar (Radi Allahu Anhu) said, “Whoever performs Umrah before the Hajj in the Hajj months, Shawal, Dhul Qa’dah and Dhul Hijjah and stays in Makah then he becomes someone who is performing (Hajj) Tamatu’” (Muwatta Imam Malik 1/344 hadith no.779 and its chain is authentic)
And this is also the saying of Sa’id Ibn al-Musayib (al-Muwatta 1/345 hadith no.781 and its chain is authentic)
5) Some proofs and authentic Ahadith can be hidden from the people of knowledge.
6) It is very bad to give a fatwa without proof
7) If you know the proof then you should use it to refute the other person (who doesn’t have knowledge of the proof) in a good manner and you should inform others of the proof.