Al-nass Wel-ijtihad

(Part 2)

Part 2

Abu Jandal said to him: You are not worthier than me of obeying the messenger of Allah.[1]

Abu Jandal went back to Mecca with his father under the protection of Mukriz and Huwaytib. They put him in a special place and prevented his father from harming him in order to be loyal to the promise of protection they had given to the Prophet (s). After some time Allah granted deliverance to Abu Jandal and the rest of the oppressed weak Muslims. You will see that later on inshallah. Praise be to Allah, Who has supported His servant and carried out His promise.

The fruit of the peace

The first fruit of the treaty of peace was that it caused the Muslims and the polytheists to mix with each other. The polytheists began to come to Medina after the truce and the Muslims began to go to Mecca.

When the polytheists came to Medina and saw the Prophet (s) with his high morals and exalted conducts, they regarded him too much and appreciated his divine aspects and then they admired Islam with its laws and verdicts, with its permissibility and impermissibility, with its obligations and relations and with all its rules and judgments. They were affected by the Qur'an and its verses which attracted their minds and hearts. They were astonished to see the Prophets companions submit completely to the orders of the Prophet (s). And so they became near to faith after they had been in the utmost blindness and aggression. When they went back to their people, they spread the principles of Muhammad (s) and warned of his conquest.

When the Muslims went to Mecca, they became alone with their relatives and close friends. They began advising them and inviting


**[1]**Abu Jandal had a brother called Abdullah, who had become a Muslim before Abu Jandal. Abdullah had gone with the polytheist to the battle of Badr but he had been a Muslim before that but he had concealed his faith. When he arrived at the place of the battle, he joined the Prophet (s) and fought with him in Badr and in all the battles of the Prophet (s) after that. As for Abu Jandal, the first battle he participated in was the conquest of Mecca.

them to the mission of Allah and His messenger. They showed them the signs of prophethood and Islam. They showed the Qur'an with its knowledge, wisdom, social rules, obligations, ethics, maxims and histories of ancient and previous nations. They worked as preachers inside the heart of Mecca and this work had a great effect to even the way to the great conquest which had taken place without fighting or resistance.

One of the advantages of the peace was the mere meeting between the Prophet (s) and the polytheists in al-Hudaybiya. The polytheists met the Prophet (s) face to face and saw his great personality and high morals and guidance which most of Quraysh had known nothing about especially the youths. Abu Jahl, al-Waleed, Abu Sufyan, Shayba, Utba and their likes of the idolaters had tried their best to defame the Prophet (s) and they could poison the public opinion. They had done whatever they could in order to put out the light of Allah with their mouths, and Allah would not consent save to perfect His light.

They went to where he had immigrated to kill him with his companions and to do away with the people who had protected and supported him but Allah had granted him victory in Badr, Uhud and al-Ahzab; (So the roots of the people who were unjust were cut off; and all praise is due to Allah, the Lord of the worlds).

The people of Mecca, after those wars, remained on their deviate opinion concerning the Prophet (s) for they had not seen him after his emigration to Medina and they had not known about him except what the fabricators spread of false news but on the day of al-Hudaybiya when they mixed with him and with his companions they realized his great morals and high personality.

Whenever they treated him severely and did bad to him, he treated them kindly and did good to them. If they were severe and harsh towards him, he would be kind and merciful to them. He kept on meeting their bad doings with good doings. He followed the saying of Allah: Repel (evil) with what is best, when lo! he between whom and you was enmity would be as if he were a warm friend. And none are made to receive it but those who are patient, and none are made to receive it but those who have a mighty good fortune. Qur'an, 41:34-35

The Prophet (s) was able at that time to enter Mecca and to visit the Kaaba by force because Allah had said concerning this event: And if those who disbelieve fought you, they would certainly turn (their) backs, then they would not find any protector or a helper. Qur'an, 48:22 and: And He it is Who held back their hands from you and your hands from them in the valley of Mecca after He had given you victory over them. Qur'an, 48:24

The polytheists were certain that the Prophet (s) would have defeated them if he had fought them. They knew that his companions had insisted on him to fight but he had refused preferring peace, whose end would be good, to war to save the bloods of people and to respect the Kaaba. The people of Quraysh knew well that the Prophet (s) had pitied them and cared for their rights of kinship; therefore he had accepted the truce with its heavy conditions. He did not have any grudge towards them although they prevented him and his companions from visiting the Kaaba and forced them to go back to Medina where many of his companions were unwilling.

Quraysh thought that this was as retribution to what had happened in the battles of Badr, Uhud and al-Ahzab for that day they realized that the Prophet (s) was not responsible for the shed bloods of the people of Quraysh but it was their chiefs of Quraysh who were responsible for that; like Abu Sufyan, Abu Jahl and their likes who had attacked the Prophet (s) in his place of emigration and so they forced him to defend himself and his companions. If they had left him and left those, who has received and protected him, alone, he would not have fought them and he would have been satisfied with spreading his mission with wisdom and fair exhortation.

In al-Hudaybiya the Prophet (s) had put out the flame of rage inside the hearts of those polytheists, removed their hatred and made them know the reality of their chiefs and masters until they confessed that they had wronged the Prophet (s) and themselves as well. Hence their hearts became lenient and they felt that their end would be good if they joined him and became under his banner. And it was so after the great victory and the honorable conquest of Mecca; the people of Quraysh, groups by groups, became Muslims.

Coming back to Medina

The Prophet (s) had stayed in al-Hudaybiya for nineteen days. After that he went back to Medina. When he arrived at Kiraul Ghameem-between Mecca and Medina-the sura of al-Fat~h was revealed to him. Umar was still angry why the polytheists had prevented the Muslims from entering Mecca and forced them to go back unlike what they had expected. The Prophet (s), when this sura had been revealed to him, wanted to remove Umars anger and grief therefore he said to him-as mentioned by al-Bukhari:[1] A sura is revealed to me that is more beloved to me than all what is there on the earth. Then he recited the sura of al-Fat~h: (Surely We have given to you a clear victory). One of the Prophets companions said to him: This is not a victory. We were prevented from visiting the House (the Kaaba) and two faithful men were returned (to the polytheists) after they had resorted to us.[2] The Prophet (s) said: How bad speech it is! Yes, it is the greatest victory. The polytheists became satisfied to push you away from their country and they asked you for peace but they found in you what they disliked. Allah has given you a victory and returned you safe and rewarded. It is the greatest victory. Have you forgotten the day of Uhud when (you ran off precipitately and did not wait for any one, and I was calling you from your rear)? Have you forgotten the day of al-Ahzab when (they came upon you from above you and from below you, and when the eyes turned dull, and the hearts rose up to the throats, and you began to think diverse thoughts of Allah)?

The Muslims said: Allah and His messenger are right. O prophet of Allah, by Allah we have not thought of what you have thought of. You are more aware of Allah and His orders than us.[3]

But Umar said then: O messenger of Allah, have you not said that you would enter Mecca safely?


[1] In his Sahih, vol.3 chap.The battle of al-Hudaybiya.
[2] How! Allah, the Almighty, said: (Surely We have given to you a clear victory) and the Prophet (s) recited it as it had been revealed to him by Allah but this man said: This is not a victory! Do you know who this man is?!
[3] Refer to the story of al-Hudaybiya in ad-Dahlanis Seera and the other books of history.

The Prophet (s) said: Yes, I have, but have I said to you that I would enter Mecca this year?

Umar said: No, you have not.[1]

Saeed bin Mansoor mentioned that ash-Shibi had said when talking about the Verse (Surely We have given to you a clear victory): There was no victory in Islam greater than this before. When the truce was concluded and the state of war ceased, people felt safe with each other. So they met and debated with each other and then no one of the Muslims talked with a prudent one of the polytheists about Islam unless that one became a Muslim. The people, who believed in Islam during those two years, were more than the people who had believed in Islam during all the period before that. What confirmed this was that the Prophet (s) had come to al-Hudaybiya with one thousand and four hundred Muslims and then after two years he had come to conquer Mecca with ten thousand Muslims. The truce was the first step that paved the way to the great conquest of Mecca after which thousands of people became Muslims; therefore the peace of al-Hudaybiya was called as victory because it was the beginning of the great victory of conquering Mecca.

Deliverance the Oppressed were promised of

You saw the previous tradition of Abu Jandal, who had played a trick to get out of prison and then he came with his ties until he resorted to the Prophet (s) and his companions in al-Hudaybiya. The Prophet (s) could not protect him and he apologized to him but he ordered him to be patient and to expect the reward and deliverance of Allah. The Prophet (s) said to him: Allah will grant you and the oppressed like you deliverance.

Among the oppressed and tortured men in Mecca there was a man called Abu Baseer[2] who was one of the Muslim heroes. He played a trick and get out of prison and then he fled to resort to the Prophet


[1] Al-Halabis Seera and others.
[2] His name was Utba bin Asad bin Jariya bin Usayd ath-Thaqafi. Ibn Abdul Birr mentioned his biography in his book al-Isteeab. Ibn Isshaq and other historians have mentioned this story in their books of biographies. Here we quoted it from al-Halabis Seera.

 (s) in Medina after he had come back from al-Hudaybiya. Quraysh wrote a book to the Prophet (s) to send this man back to them. They sent the book with a man from bani Aamir called Khunays and with him there was a guide to show him the way. They came to the Prophet (s) with the book. It was written in the book: You have known well the conditions we have agreed on in the treaty that you have to send us back whoever resorts to you of our people. You are to send us Abu Baseer.

The Prophet (s) said: O Abu Baseer, we have agreed with these people on some conditions as you know and we do not betray any one. Allah will bestow upon you and upon the weak and oppressed people like you His deliverance. Please go with grace of Allah.

Abu Baseer said: O messenger of Allah, they will make me deviate from my religion.

The Prophet (s) said: O Abu Baseer, go! Allah will grant you and those around you of the oppressed His deliverance.

Abu Baseer farewelled the Prophet (s) and went with those two men. When they arrived at Thul Hulayfa, they sat to rest beside a wall. Abu Baseer said to one of the men: O man, is your sword sharp?

The man said: Yes, it is.

Abu Baseer said to him: Could you show me it?

The man gave his sword to Abu Baseer. Abu Baseer struck the man with the sword and killed him and he tried to kill the other one but he ran away until he came to the Prophet (s). Abu Baseer was running after him. When the Prophet (s) saw that, he said to the man: What is the matter with you?

The man said: Your friend killed my friend and I hardly could escape his sword. I will be killed. O Muhammad, protect me!

The Prophet (s) promised to protect him. Then Abu Baseer came with the sword in his hand and said: O messenger of Allah, may I die for you! You have just carried out your promise when you handed me over to them but I defended my religion in order not to be deviated by them.

The Prophet (s) said to him: You can go wherever you like.

Abu Baseer said: O messenger of Allah, this man has robbed the man, whom I have killed. He robbed his sumpter and sword and you may punish him. The Prophet (s) said to him: If I punish him, his people will think that I break the promise that I have given to them.

Then Abu Baseer went to a place through which the caravans of Quraysh passed. Many oppressed Muslims, who had been imprisoned in Mecca, joined him after they had been informed of his news and after they had heard that the Prophet (s) had said about Abu Baseer: He would wage a war if he had some men with him. Those oppressed men began to slip away towards him. Abu Jandal bin Suhayl bin Amr slipped away from Mecca with seventy knights, who had become Muslims, and they joined Abu Baseer. They disliked going to the Prophet (s) at that period of the truce. Some people of the tribes of Ghifar, Juhayna, Aslam and other Arab tribes joined them until they became about three hundred warriors. They began to interrupt the way before the caravans of Quraysh. They killed any one of Quraysh they captured. They took all the caravans that passed by them. They prevented people from entering or leaving Mecca. The people of Quraysh were obliged to write to the Prophet (s) asking him by the kinship between him and them to protect them. They sent Abu Sufyan to the Prophet (s) to delegate with him. Abu Sufyan said to the Prophet (s): We have given up this condition of the treaty. Whoever resorts to you (of those oppressed Muslims) you can keep him with no liability. Then the Prophet (s) wrote to Abu Baseer and Abu Jandal to come to him and those, who were with them, could join their families and they were neither to harm any one of Quraysh passing by them nor to seize any of their caravans. When the book of the Prophet (s) arrived, Abu Baseer was dying. He died while the book was still in his hand. Abu Jandal buried him in that place and built a mosque beside his tomb. Then Abu Jandal and some of his companions came to the Prophet (s) while the others went back to their families. The people of Quraysh felt safety for their caravan henceforth. Then the Prophets companions, who had found it too difficult when the Prophet (s) had sent Abu Jandal back to Quraysh with his father, knew that obeying the Prophet (s) would be better than what they liked and they knew that the advantage in al-

Hudaybiya required the treaty of peace and that the Prophet (s) did not talk out of desire. They regretted their situation toward the Prophet (s) and they confessed that they were mistaken; besides that Quraysh appreciated the Prophets situation with them when he accepted the truce to prevent bloodshed. They knew well that he was truthful, sincere, kind and merciful.

  1. The Prophets prayer for ibn Ubayy, the hypocrite

When the Prophet (s) wanted to offer the prayer for Ibn Ubbayy, who was dead, Umar resisted him and objected to him severely and harshly.

Al-Bukhari mentioned in his Sahih[1] a tradition narrated by Abdullah bin Umar who had said: When Abdullah bin Ubayy died, his son came to the Prophet (s) and said: O messenger of Allah, give me your shirt to enshroud my father with it and please pray for him and invoke Allah to forgive him! The Prophet (s) gave him his shirt and said to him: If you finish enshrouding him, send for us. When he finished enshrouding his father, he sent for the Prophet (s). The Prophet (s) went to offer the prayer for (the dead) Abdullah bin Ubayy. Umar pulled the Prophet (s) and said to him: Has Allah not forbidden you from offering prayer on the hypocrites when He has said to you: Ask forgiveness for them or do not ask forgiveness for them; even if you ask forgiveness for them seventy times, Allah will not forgive them? Qur'an, 9:80 Ibn Umar added: After that this verse And never offer prayer for any one of them who dies and do not stand by his grave; surely they disbelieve in Allah and His Messenger and they shall die in transgression. Qur'an, 9:84 was revealed to the Prophet (s) and so he stopped offering prayers for them.

As if Umar had understood that this verse Ask forgiveness for them or do not ask forgiveness for them had prohibited offering prayers for the hypocrites. In fact this verse had not prohibited that. We will explain this soon. When Umar saw the Prophet (s) standing to offer the prayer for the hypocrite dead, he thought that he had


[1] Vol.4 p.18 and vol.3 p.92. It has also been mentioned by Ahmad in his Musnad and by others.

contradicted the verse that had prohibited such a prayer and hence Umar did not control his anger. He denied this doing of the Prophet (s) and so he pulled him to prevent him from offering this prayer.

Allah forbid! Far be it from Him and far be it from His messenger! The verse Ask forgiveness for them or do not ask forgiveness for them; even if you ask forgiveness for them seventy times, Allah will not forgive them did not show any kind of prohibition. It just informed that whether the Prophet (s) asked Allah to forgive the hypocrites or he did not ask Him to forgive them; it would be the same for them and it would not benefit them a bit.

The umma has agreed unanimously that prohibiting the prayer for the hypocrites had been determined by this verse And never offer prayer for any one of them who dies and do not stand by his grave and that this verse had been revealed after this event according to the consensus of the umma. Yet the tradition of ibn Umar was clear in showing this fact; that the verse, which had prohibited offering prayer for the hypocrites, had been revealed after this event; therefore the Prophet (s) did not paid attention to this resistance but he overlooked it due to his great discernment and wisdom. When Umar insisted too much on trying to prevent the Prophet (s) from offering this prayer using bad statement that did not behoove one like Umar to say to one like the Prophet (s), the Prophet (s) said: O Umar, be away from me! I have been inspired. It has been said to me: Ask forgiveness for them or do not ask forgiveness for them; even if you ask forgiveness for them seventy times, Allah will not forgive them. If I know that when I ask Allah more than seventy times to forgive them, He will forgive them, I will have done more. Then the Prophet (s) offered prayer for Ibn Ubayy, participated in his funerals and stood by his grave.[1]

When the Prophet (s) offered the prayer for ibn Ubayy, he acted according to what he should do in dealing with people due to their apparentness. Ibn Ubayy was not one of the unbelievers, who had denied Islam. He had accepted Islam apparently and announced the


[1] It has been mentioned by al-Bukhari, Muslim, at-Tarmithi, Ahmad bin Hanbal, ibn Jareer, ibn Abu Hatim, ibn Mardwayh and others. Refer to Kanzol Ummal by al-Muttaqi al-Hindi, vol.1 p.247.

shahada but he practiced hypocrisy and yet it had not been prohibited to offer prayers for the hypocrites; therefore the Prophet (s) had offered prayer for him owing to his apparent belief and in order to conciliate his people (the tribe of al-Khazraj), from among whom one thousand men became Muslims soon after that. Hence the Prophets shirt and his prayer for this man brought the Muslims a great conquest.

Then Umar regretted his hastiness and often said after that: I have committed a mistake in Islam that I have never committed its like; the Prophet (s) wanted to offer prayer for Abdullah bin Ubayy but I pulled him by his clothes and said to him: By Allah, Allah has not ordered you to do so. Allah has said: Ask forgiveness for them or do not ask forgiveness for them; even if you ask forgiveness for them seventy times, Allah will not forgive them. The messenger of Allah said: Allah has given me the option by saying Ask forgiveness for them or do not ask forgiveness for them and I have chosen[1]

  1. The Prophets prayers for some of the believers

Ibn Hajar al-Asqalani said in his Issaba, vol.4: Al-Baghawai and Abu Ahmad al-Hakim mentioned a tradition narrated by Ismaeel bin Ayyash and at-Tabarani mentioned a tradition by Baqiyya; both narrated from Buhayr bin Sad from Khalid bin Madan that Abu Atiyya had said: A man died at the time of the Prophet (s). Some said (he meant Umar): O messenger of Allah, do not offer the prayer for him! The Prophet (s) said: Has anyone seen him doing something good? Someone said: Yes, he has guarded with us some nights. Then the Prophet (s) offered the prayer for him and participated in the funerals unto the grave. He poured earth on him and said (addressing the dead): Your companions think that you will be among the people of Hell but I witness that you will be among the people of Paradise. Then he said to Umar: Do not ask about the deeds of people but ask about the unseen (or peoples nature).

Ibn Hajar also mentioned this tradition in his Issaba when talking about the biography of Abul Munthir. He said: Mutayyan mentioned


[1] Mentioned by ibn Abu Hatim from ash-Shibi from Umar and mentioned in Kanzol Ummal and Muntakhab Kanzol Ummal printed on the margins of Ahmads Musnad.

a tradition from Muhammad bin Harb al-Wasiti from Hammad bin Khalid from Hisham bin Sad from Yazeed bin Thalab from Abul Munthir who said that the Prophet (s) had poured earth on the grave three times. At-Tabarani mentioned the tradition in details from Amr bin Abu at-Tahir bin as-Sarh from his father from Abdullah bin Nafi that Hisham bin Sad had said: Once a man came to the Prophet (s) and said: O messenger of Allah, so-and-s0 died and we want you to offer the prayer for him.

Umar said to the Prophet (s): He is dissolute; do not offer prayer for him!

The man said: O messenger of Allah, he was among the guards at that night when you were there.

The Prophet (s) went (to offer the prayer for the dead) and I followed him. When the funerals finished, the Prophet (s) poured earth over the grave three times and said: People think evil of him and I think good.

Umar said: O messenger of Allah, how is that?

The Prophet (s) said: O Umar, please be quiet! He, who fights for the sake of Allah, deserves to be in Paradise.

  1. Paradise is for the monotheists

The Prophet (s) has brought good news to the believers that Paradise would be the reward of believing loyally in the oneness of Allah. He declared this good news to the people to show them the end of the monotheists and to encourage the believers to keep on their faith.

He ordered Abu Hurayra to announce that among the people. He said to him: Go and tell anyone you meet; who witnesses loyally that there is no god but Allah, he will be among the people of Paradise. The first one that Abu Hurayra met was Umar. He asked him what the matter was. Abu Hurayra told Umar of what the Prophet (s) had ordered him to do. Abu Hurayra said-as mentioned in Muslims Sahih, vol.1: and then Umar hit me on my chest and I fell to the ground. He said: Go back! I went back to the Prophet (s) and began crying. Umar followed after me. The Prophet (s) asked me: O Abu Hurayra, what is the matter with you? I said: I met Umar and I told

him of what you have told me but he hit me on my chest until I fell to the ground and he asked me to go back.

The Prophet (s) said to Umar: Why did you do that?

Umar said: O messenger of Allah, have you really sent Abu Hurayra to tell whoever witnesses loyally that there is no god but Allah that he would be among the people of Paradise?

The Prophet (s) said: Yes, I have.

Umar said to the Prophet (s): Do not do that! I fear that people may rely on this. Let them keep on practicing good deeds.

The Prophet (s) said: Let them!

An-Nawawi, here, found an excuse to justify this objection of Umar. He quoted it from Judge Ayyadh and others. He said that Umar did not objected to the Prophet (s) in this event or that he denied the matter, with which the Prophet (s) had sent Abu Hurayra, but he feared that people might rely on this good news and they then would give up doing good. So Umar thought that keeping this matter secret would be better for people and would be more advantageous to them than informing them of it. It was this that led him to hit Abu Hurayra and to make him go back. And it was this that made him say to the Prophet (s) do not do that to forbid him from carrying out the order he had determined to inform the believers of the good news of being among the people of Paradise.

This justification is not more than what we have said that Umar has preferred his own opinion to the clear verdicts of the Prophet (s). It is just a personal ijtihad before a clear divine text.

In fact this event did not concern Umar alone; yet he forced Abu Hurayra, after being hit, to give up what the Prophet (s) had ordered him to do. Moreover Umar was not satisfied with this but he asked the Prophet (s) himself to give up the matter. He said to the Prophet (s) audaciously: Do not do that!

But the Prophet (s), as he had been always, was patient with him and treated him with discernment. He was as Allah had said about him: Thus it is due to mercy from Allah that you deal with them gently, and had you been rough, hard hearted, they would certainly have

dispersed from around you; pardon them therefore and ask pardon for them, and take counsel with them in the affair; so when you have decided, then place your trust in Allah; surely Allah loves those who trust (in Him). Qur'an, 3:159

This resistance had no effect on the Prophet (s). He himself informed this good news to his umma after relying on Allah. Umar himself, Othman bin Affan, Maath bin Jabal, Ubada bin as-Samit, Utban bin Malik and many others had heard this from the Prophet (s).[1] It was one of the necessities among the different sects of the Muslims.

How odd and astonishing it was that great scholars such as Allama an-Nawawi, Judge Ayyadh and their likes said that the rightness in this event was with Umar and they pretended that the Prophet (s) had confirmed Umars opinion. Glory be to Allah! We have not but to resort to Him!

Here is what an-Nawawi has said: In this tradition (the tradition of Abu Hurayra about this event) there is an evidence showing that if an absolute imam thinks something and one of his followers thinks the opposite, then the inferior follower has to show his opinion to the superior imam to think of it. If it appears that the opinion of the inferior is right, the superior has to adopt it; otherwise he has to explain to his follower the defects of his opinion[2]

This speech would be listened to if the superior leader was not a prophet but if he was a prophet, then all the umma had to obey him and to believe in him sincerely with no suspicion. Allah said: and whatever the Messenger gives you, accept it, and from whatever he forbids you, keep back, and be careful of (your duty to) Allah; surely Allah is severe in retributing (evil). Qur'an, 59:7 and Most surely it is the Word of an honored messenger. The processor of strength, having an honorable place with the Lord of the Dominion. One (to be) obeyed, and faithful in trust. And your companion is not gone mad. Qur'an, 81:19-22 and Most surely, it is the Word brought by an honored Messenger. And it is not the word of a poet; little is it that you believe. Nor the word of a soothsayer; little is it that you mind. It


[1] Refer to Muslims Sahih.
[2] Sharh Sahih Muslim, vol.1 p.404.

is a revelation from the Lord of the worlds. Qur'an, 69:40-43 and Nor does he speak out of desire. It is naught but revelation that is revealed. The Lord of Mighty Power has taught him. Qur'an, 53:3-5 and Whither then will you go. It is naught but a reminder for the nations. For him among you who pleases to go straight. And you do not please except that Allah please, the Lord of the worlds. Qur'an, 81:26-29

  1. The pleasure of the hajj

The Prophet (s) had practiced this pleasure[1] during the rite of the hajj. He had ordered the Muslims to practice it after he had been ordered of it by Allah. Allah has said in the sura of al-Baqara: whoever profits by combining the visit (umra) with the pilgrimage (should take) what offering is easy to obtain; but he who cannot find (any offering) should fast for three days during the pilgrimage and for seven days when you return; these (make) ten (days) complete; this is for him whose family is not present in the Sacred Mosque. Qur'an, 2:196

Ibn Abdul Birr al-Qurtubi said: There is no disagreement between the ulama that this verse (whoever profits by combining the umra[2] with the pilgrimage)** refers to the umra that is practiced during the months of the hajj but before the (great) hajj.[3] Umra is obligatory on the people who live forty-eight miles from Mecca from every direction.

In this kind of hajj, pleasure (sleeping with ones wife or practicing temporary marriage) has been permitted during the period between the two ihrams[4] (of umra and great hajj). It was this thing that had been disliked by Umar and some of his followers.


[1] During offering the umra (minor hajj) and the great hajj together (in the same year), the Muslims, after carrying out some rituals of the hajj, may sleep with their wives or practice temporary marriage. This is called the pleasure of the hajj.
[2] Umra is the minor hajj.
[3] Sharh Sahih Muslim by an-Nawawi, vol.7 p.46.
[4] Ihram is the sacred state into which a Muslim must enter before performing a pilgrimage, during which sexual intercourse, shaving, cutting one's nails, and several other actions are forbidden.

Abu Musa al-Ashari permitted this pleasure in his fatwas. One day a man said to him: Beware of some of your fatwas. You do not know what Ameerul Mo'mineen (Umar) has changed (of verdicts). When Abu Musa met Umar later on, he asked him about that and Umar said: I have known that the Prophet (s) and his companions have practiced this pleasure but I feared that the men might remain (sleeping) with their wives until they would go to offer the hajj while their () dripping.[1]

In another way from Abu Musa that Umar had said: it is the Sunna[2] of the messenger of Allah, but I fear that they (the pilgrims) may remain sleeping with their women and then they go to offer the hajj with them (keeping on doing this).[3]

Abu Nadhra narrated: Ibn Abbas permitted people to practice this pleasure but ibn az-Zubayr forbade people from it. I mentioned this to Jabir bin Abdullah and he said: We have been practicing this pleasure during the time of the Prophet (s) but when Umar became the caliph, he said: Allah has permitted his messenger to do things as He liked and the Qur'an has been revealed as it has been! Offer the hajj and the umra as Allah has ordered you[4] but you have to stop sleeping with women. Whenever I find a man practicing temporary marriage, I will stone him.[5]

One day he (Umar) made a speech before people from above the minbar and he said frankly: Two pleasures were practiced at the time of the messenger of Allah but I prohibit them and punish for them; the pleasure of the hajj (sexual intercourse during the hajj) and temporary marriage.[6]


[1] Musnad of Ahmad, vol.1p. 50.
[2] He means the pleasure during the hajj.
[3] Musnad of Ahmad, vol.1 p.49.
[4] By Allah, I do not know what to say! Has the Prophet (s) offered the hajj and umra unlike what Allah has ordered him? Was Umar more aware of the orders and verdicts of Allah than the Prophet (s)?!
[5] Sahih of Muslim, vol.1 p.467.
[6] This famous saying of Umar has been mentioned by most of the historians. Refer to Tafseer of ar-Razi when interpreting the verse no.196 of the sura of al-Baqara (2) and the verse no. 24 of the sura of an-Nissa (4).

In another tradition Umar said: O people, there were three things that had been practiced at the time of the Prophet (s) but I prohibit them and punish for them; the pleasure of the hajj, temporary marriage and (hayya ala khayril amal)[1][2]

All of Ahlul Bayt (s) and all of their followers have denied this doing of Umar and many of the great companions have not agreed with him on this.

Muslim mentioned in his Sahih[3] a tradition narrated by Shaqeeq saying: Othman forbade people from practicing this pleasure but Ali permitted people to practice it. Othman said something to Ali and then Ali said to him: O Othman, you know that we have practiced this pleasure at the time of the messenger of Allah. Othman said: Yes, we have but we were afraid!

Muslim also mentioned in his Sahih that Saeed bin al-Musayyab had said: Once Ali and Othman met together in Asfan. Othman forbade people from temporary marriage and umra. Ali said to him: Why do you forbid something that the messenger of Allah has done it? Othman said: Let us alone! Ali said: I cannot let you

Ghunaym bin Qays said-as in Sahih of Muslim: Once I asked Sad bin Abu Waqqass about temporary marriage (during umra) and he said: We have practiced it but this man[4] disbelieves in the Lord of the Throne.

Abul Ala narrated from Mutrif that Imran bin Hussayn had said to him: I shall tell you something today that Allah may avail you of later on. Know that the messenger of Allah (s) has assigned the tenth (of zakat) to a group of his relatives. Neither a verse has been revealed to annul that nor has the Prophet (s) prohibited it until he has left to the better world. But then everyone followed his own opinion.


[1] Come on to the best of deeds! It is a part of azan.
[2] Sharh at-Tajreed by al-Qoushaji.
[3] Vol.1 p.472-475.
[4] He meant Moawiya bin Abu Sufyan, who had forbidden people from practicing the pleasure of umra following the same way of Umar and Othman.

Hameed bin Hilal narrated that Mutrif had said: Once Imran bin Hussayn said to me: I shall tell you something that Allah may benefit you with. The messenger of Allah (s) offered umra and hajj together and he did not forbid people from doing that and no verse was revealed to prohibit it until he died

Qatada narrated that Mutrif had said: Imran bin Hussayn sent for me when he became ill before his death. He said to me: I am going to tell you some traditions that Allah may benefit you with after me. If I remain alive, keep them secret and if I die you can tell them if you like. Know that the messenger of Allah (s) has offered umra and hajj together and then neither a Quranic verse was revealed to annul it nor did the Prophet (s) prohibit it. Then a man[1] determined according to his own opinion as he liked.

From another way Qatada narrated from Mutrif bin ash-Shakheer that Imran bin Hussayn had said: Know that the messenger of Allah has offered umra and hajj together and then neither the Qur'an nor the Prophet (s) have forbidden us from doing it. Then a man determined according to his own opinion as he liked.

Imran bin Muslim narrated from Abu Raja that Imran bin Hussayn had said: The verse of the pleasure of the hajj was revealed in the Qur'an and the messenger of Allah (s) ordered us to practice it (the pleasure). Neither did the Qur'an annul this verse nor did the Prophet (s) forbid us from practicing it until he died. Then a man determined according to his own opinion as he liked.

This tradition has been mentioned by Muslim in his Sahih in many other ways narrated from Imran bin Hussayn but we do not want to mention them all. Al-Bukhari has also mentioned this tradition of Imran bin Hussayn in his Sahih vol.1 p.187.

Malik bin Anass has mentioned in his Muwatta[2] a tradition narrated by Muhammad bin Abdullah bin al-Harith bin Nawfal bin Abdul Muttalib that he had heard Sad bin Abu Waqqass and ad-Dhahhak bin Qayss mentioning the pleasure of umra in the year when Moawiya bin Abu Sufyan had gone to offer the hajj. Ad-Dhahhak bin


[1] He means Umar.
[2] Vol.1p.130.

Qayss said: No one does that (practicing the pleasure) unless he is unaware of the verdicts of Allah. Sad said: How bad you said, O my nephew! Ad-Dhahhak said: Umar bin al-Khattab has prohibited that. Sad said: The messenger of Allah (s) has practiced it and we have practiced it at his time.[1]

Ahmad mentioned in his Musnad that ibn Abbas had said: The Prophet (s) has practiced the pleasure of hajj. Urwa bin az-Zubayr said: Abu Bakr and Umar have prohibited it. Ibn Abbas asked: What did Urwa say? It was said: He said that Abu Bakr and Umar had prohibited the pleasure of hajj. Ibn Abbas said: I see that they will perish. I say that the Prophet (s) has practiced it and they say that Abu Bakr and Umar have prohibited it![2]

Ayyoob narrated: Once Urwa said to ibn Abbas: Do you not fear Allah? Why do you permit the pleasure (temporary marriage)? Ibn Abbas said: Ask your mother, O Urwa! Urwa said: Abu Bakr and Umar did not practice it. Ibn Abbas said: By Allah, I see that you will not repent until Allah will torture you. We tell you from the Prophet (s) and you tell us from Abu Bakr and Umar!...[3]

Muslim mentioned in his Sahih[4] a tradition talking about someone who had asked ibn Abbas about the pleasure of hajj and ibn Abbas permitted it whereas ibn az-Zubayr prohibited it. Ibn Abbas said: This is the mother of ibn az-Zubayr narrating that the messenger of Allah (s) has permitted it. You can go to her. The man said: We went to her. She was a blind fat woman. She said: Yes, the messenger of Allah (s) has permitted it.
At-Tarmithi mentioned in his Sahih[5] that once Abdullah bin Umar had been asked about the pleasure of hajj and he said that it had been permissible. The asker said to him: But your father has


[1] Refer to Sharh Muwatta Malik by az-Zarqani, vol.2 p.178 to see the explanation of the author about this tradition.
[2] Refer to Jami Bayan al-Ilm by ibn Abdul Birr and Mukhtasar Jami Bayan al-Ilm by al-Muhammisani p.226.
[3] Ibid.
[4] vol.1 p.479.
[5] vol.1 p.157.