***** For other Fatawa, please click on the topics on the left *****



List Of Topics

فتاویٰ > Miscellaneous

Share |
f:925 -    Can we change the order of Rami, Qurbani and Halaq
 Country : Hyderabad, India,
Name : Mohammad Inayath
Question:     To perform Haj tamatt'u (Performance of Haj and 'Umrah in separate Ihram) or Haj Qiraan (Performance of Haj and 'Umrah in one Ihram), is it necessary that the person should perform Qurbani after stoning the Jamra 'Aqaba and then shave the head?  To follow this order is difficult.  I heard that a certain Sahabi performed all these things without this order and then he came to the presence of the Holy Prophet (Sallallahu alaihi wa sallam) and asked about this.  The Holy Prophet (Sallallahu alaihi wa sallam) said: No matter, perform Rami.  What is the truth?  Is it mentioned in the Hadith like this?  Please clarify the true nature of this issue and the import and meaning of this Hadith, so that the Hajis can perform the articles of Haj properly.
............................................................................
Answer:     It is Compulsory (Wajib) that the stoning (Rami) of Jamra 'Uqba, sacrifice of an animal and the shaving of the head, should all be performed in the above mentioned order.  If there is any change in this order, i.e. the animal is sacrificed before the stoning or the head is shaved before the sacrifice, then because of violating the order, sacrifice of (another) animal (Dam) becomes Compulsory.

The Hadith which you have mentioned has been related with different wordings.  It is mentioned in Sahih Bukhari, Vol 1, Pg No. 234:

Translation: It Is narrated on the authority of Hadhrat 'Abdullah bin 'Amr (May Allah be well pleased with him) on the occasion of Hujjatul Wada'a, the Holy Prophet (Sallallahu alaihi wa sallam) stopped at Mina.  The Companions started asking questions.  One Companion said: I did not know and shaved my head before the sacrifice.  The Holy Prophet (Sallallahu alaihi wa sallam) said: Now perform the sacrifice, there is no problem.  One more Companion came forward and said: I did not know and sacrificed the animal before the stoning.  The Holy Prophet (Sallallahu alaihi wa sallam) said: Now perform the stoning (Rami), there is no problem.  That day nothing about violating the order of things was asked, but the Holy Prophet (Sallallahu alaihi wa sallam) said: Do it now, there is no problem.

What this and other such Hadith mean is that, that year was the year in which Hajj was made obligatory and those Companions who lived in villages did not know all the rules of Hajj.  For this reason, these Companions inadvertently missed the order in performing the articles of Haj.  Because of their lack of knowledge and unawareness about the rules of Hajj, the Holy Prophet (Sallallahu alaihi wa sallam) excused them saying: Now perform the stoning, this violating of the order is not a sin."  But the Holy Prophet (Sallallahu alaihi wa sallam) never said that sacrifice of an animal as an expiation would not become Compulsory.

It is not necessary that negation of sin means that expiation is not necessary.  The mention of sacrificing an animal as being Compulsory is mentioned in the Hadith related by Hadhrat Abdullah bin Mas'ud (May Allah be well pleased with him).  Accordingly, there is a Hadith in Sharh Ma'ani ul Aathaar, Vol 1, Pg No. 424:

Translation: It is narrated on the authority of Hadhrat 'Abdullah bin 'Abbas (May Allah be well pleased with them), he said: Whoever prepones or postpones any article of Haj, he should sacrifice an animal because of that preponing or postponing.

The Muhaddith of Deccan Hadhrat Abul Hasanaat Syed Abdullah Shah Naqshbandi Mujaddidi Qadri (May Allah shower His Mercy on him) mentions an opinion of Hadhrat Tahawi (May Allah shower His Mercy on him) in the explanatory note of this Hadith in Zujajatul Masabeeh; Zujajatul Masabeeh, Vol 2, Pg No. 171/172:

Translation: Hadhrat 'Abdullah bin 'Abbas (May Allah be well pleased with them) declares sacrifice of animal by way of expiation (Dam) as Compulsory on the person who postpones or prepones any article of Haj, although he is among those Companions who narrate that on that day when the Holy Prophet (Sallallahu alaihi wa sallam) was asked about preponing or postponing any event, He (Sallallahu alaihi wa sallam) said: No problem.  Therefore in the opinion of Hadhrat Ibn 'Abbas (May Allah be well pleased with him) there is no allowance for preponing or postponing any article of Hajj, as he used to declare sacrifice of an animal (Dam) as Compulsory (Wajib).  In his opinion, the meaning of the said Hadith is that those Companions who preponed or postponed any article of Haj in Hujjatul Ul Wada'a did so because they were unaware of the commandments, so keeping in mind their unawareness, the Holy Prophet (Sallallahu alaihi wa sallam) excused them and ordered that they should be taught the articles of Hajj for the future.

In this regard, the author of Fath Ul Qadeer, Imam Ibn Hamam (May Allah shower His Mercy on him) has performed a very subtle deduction from the Holy Quran.  He says in Fath Ul Qadeer, Vol 3, Pg No. 57:

Translation:  It is declared as Compulsory (Wajib) for the person who shaves his head before stoning (Rami) or sacrifice of an animal because of illness or some discomfort in the head, to give "Fidya" as expiation, as Almighty Allah says: And is it (not so) that every time they made a promise, a party of them disregarded it and threw it aside?  Surah Baqrah (2:100)

When expiation is necessary for violating the order due to a valid reason, then the sacrifice of an animal as expiation (Dam) should be all the more necessary for violating the order without any reason.

And Allah Most High knows best.

Mufti Hafidh Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
All Right Reserved 2009 - ziaislamic.com