Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * The one who is doing tamattu‘ must do sa‘i twice – once for ‘umrah and once for Hajj

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For the one who is doing tamattu‘, is it sufficient to do sa‘i between as-Safa and al-Marwah once for both ‘umrah and Hajj, or must he do sa‘i twice?
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Praise be to Allah
The one who is doing tamattu‘ must do sa‘i between as-Safa and al-Marwah twice, the first time for ‘umrah and the second time for Hajj.
One sa‘i is not sufficient according to the most correct scholarly opinion, because of the hadith of ‘Aa’ishah (may Allah be pleased with her) who said: We set out with the Messenger of Allah (blessings and peace of Allah be upon him)… He said: “Whoever has a hadiy with him, let him enter ihram for Hajj with ‘umrah (qiraan), then not exit ihram until he exits ihram from both of them together.” … She said: Those who had entered ihram for ‘umrah circumambulated the Ka‘bah and went between as-Safa and al-Marwah, then they exited ihram, then they did likewise after they returned from Mina, for their Hajj.
Narrated by al-Bukhaari and Muslim.
Her words concerning those who entered ihram for ‘umrah: “then they did likewise after they returned from Mina, for their Hajj” refer to going between as-Safa and al-Marwah (i.e., sa‘i), according to the most correct view concerning the meaning of this hadith. As for the view of those who said that what she meant was tawaaf al-ifaadah, that is not correct, because tawaaf al-ifaadah is one of the essential parts of Hajj for all pilgrims, and they did that. Rather what is meant here is that which applies specifically to the one who is doing tamattu‘, which is going between as-Safa and al-Marwah a second time after returning from Mina in order to complete his Hajj. This is clear, praise be to Allah, and it is the view of most of the scholars. The soundness of that is also indicated by the report narrated by al-Bukhaari in hisSaheeh, in a mu‘allaq majzoom report from Ibn ‘Abbaas (may Allah be pleased with him) that he was asked about Hajj tamattu‘ and he said: The Muhaajireen and Ansaar, and the wives of the Prophet (blessings and peace of Allah be upon him), entered ihram during the Farewell Pilgrimage, and we entered ihram, and when we came to Makkah, the Messenger of Allah (blessings and peace of Allah be upon him) said: “Make your ihram for Hajj ‘Umrah, except those who have already garlanded their sacrificial animals.” So we circumambulated the Ka‘bah and went between as-Safa and al-Marwah (i.e., sa‘i), then we engaged in intimacy with our wives, and put on our ordinary clothes.
And he said: “Whoever has garlanded his sacrificial animal should not exit ihram until his sacrificial animal reaches the place of sacrifice.” Then he instructed us on the night of at-Tarwiyah to enter ihram for Hajj. Then when we had finished the rituals, we came and circumambulated the House and went between as-Safa and al-Marwah.
End quote. This clearly mentions that the one who is doing tamattu‘ should do sa‘i twice. And Allah knows best.
With regard to what Muslim narrated from Jaabir may Allah be pleased with him), that the Prophet (blessings and peace of Allah be upon him) and his companions did not go between as-Safa and al-Marwah except once, namely their first sa‘i, this may be understood as referring to those among the Sahaabah who brought a sacrificial animal (hadiy) with them, because they remained in ihram with the Prophet (blessings and peace of Allah be upon him) until they exited ihram of Hajj and ‘umrah together. The Prophet (blessings and peace of Allah be upon him) had entered ihram for Hajj and ‘Umrah, and he instructed those who had brought sacrificial animals with them to enter ihram for Hajj with ‘umrah, and not to exit ihram until they exited ihram of both of them together. The one who is doing qiraan (i.e., entering ihram for ‘umrah and remaining in ihram until he has completed Hajj) only has to do sa‘i once, as is indicated by the hadith of Jaabir referred to above and other saheeh hadiths.
Similarly, the one who is doing ifraad (Hajj only, without ‘umrah) and remains in his ihram until the Day of Sacrifice only has to do sa‘i once. If the one who is doing qiraan or ifraad does sa‘i after tawaaf al-qudoom (tawaaf upon arrival in Makkah), that will suffice and he does not have to do sa‘i after tawaaf al-ifaadah. This is the way to reconcile between the hadiths of ‘Aa’ishah and Ibn ‘Abbaas on the one hand and the hadith of Jaabir on the other (may Allah be pleased with them all). This will dispel any contradiction and enable us to act upon all of the hadiths.
What supports this way of reconciling between the reports is the fact that the hadiths of ‘Aa’ishah and Ibn ‘Abbaas are saheeh hadiths, which confirm the second sa‘i in the case of the one who is doing tamattu‘. The apparent meaning of the hadith of Jaabir negates that, but that which is proven takes precedence over that which negates, as is well established in the fields of usool and mustalah al-hadith. And Allah, may He be glorified and exalted, is the guide to what is right and there is no power and no strength except with Allah. End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him)
Majmoo‘ Fataawa Ibn Baaz(16/79-81).






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Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * Should pilgrims who are residents of Makkah shorten their prayers in ‘Arafah, Muzdalifah and Mina?

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Should the pilgrim who is a resident of Makkah shorten his prayers in the places of the rituals?
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Praise be to Allah
The well-known view among the companions of the three imams – ash-Shaafa‘i, Maalik and Ahmad (may Allah have mercy on them) – is that the resident of Makkah should not shorten his prayers or put his prayers together, because he is not travelling, since what is regarded as travel is a distance of eighty-three kilometres or more. It is well-known that ‘Arafah is the furthest of the places of the rituals from Makkah, and it is not that far away. Based on that, the residents of Makkah should not put their prayers together or shorten their prayers; rather they should offer the prayers in full and offer each prayer at its own time, whether in ‘Arafah, Muzdalifah or Mina.
Abu Haneefah (may Allah have mercy on him) was of the view that they should put their prayers together and shorten them. He said: The reason for putting the prayers together and shortening them is the pilgrimage, not travel, so they should shorten their prayers even if they are in Mina, which is the closest of the holy places to Makkah.
But the correct view is that the reason for shortening the prayers in Mina, ‘Arafah and Muzdalifah is not the pilgrimage; rather the reason for that is travel, and travel is not defined by distance; rather it is defined by the situation, which means that if a person goes out and he makes preparations for this going out, and takes food and drink with him, then he is travelling.
Based on that, we say: At the time of the Messenger of Allah (blessings and peace of Allah be upon him) the people used to take provisions with them for Hajj, whether they were residents of Makkah or otherwise, therefore the people of Makkah who were with the Messenger (blessings and peace of Allah be upon him) during the Farewell Pilgrimage put their prayers together and shortened them, following the Messenger (blessings and peace of Allah be upon him), and he did not say: O people of Makkah, offer your prayers in full. This is the more correct view, and it is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him).
According to the second view, which we regard as more correct, when a person is in Muzdalifah or in ‘Arafah, he is in a place that is separate from Makkah, so let him avail himself of the concession of travel. But when he is in Mina, Mina nowadays has become as if it is one of the neighbourhoods of Makkah, therefore we think that to be on the safe side, the resident of Makkah should not put his prayers together and not shorten them in Mina. Moreover, there is no putting together of prayers in Mina even for one who is not a resident of Makkah, because in Mina the Sunnah is for the non-resident of Makkah to shorten the prayers without putting them together. As for Muzdalifah and ‘Arafah, they are separate from Makkah, and are not connected to it as far as I have seen, because the built-up area is not connected to it. Whatever the case, if we assume that Makkah grows larger in the future and Muzdalifah becomes part of it like Mina, then the ruling will be the same. End quote.
Majmoo‘ Fataawa Ibn ‘Uthaymeen (24/61-63)








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Engagment, - Dought & clear, - * If the husband is the woman’s wali, can he get himself married to her?

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I want to marry my cousin. She is my paternal cousin. I am her wali according to a shar’ee guardianship. I want to marry her but we do not have close relatives or brothers. There is no one else apart from me who can be her wali. Is it permissible that I say to her: “I give you myself in marriage” then she says: “I accept” in witnesses’ presence? Or shall I ask the marriage contractor to be her wali? What shall I do?.
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Praise be to Allaah.
If a woman’s guardian (wali) with regard to marriage is her cousin (son of her paternal uncle) and he wants to marry her, there is nothing wrong with that if she agrees.
Ibn Qudaamah (may Allaah have mercy on him) said:
The wali of a woman for whom it is permissible to marry her may be her cousin, her master, the judge or the ruler. If she gives him permission to marry her then he may do that. End quote.
Al-Mughni(7/360).
In that case he may do the marriage contract on behalf of himself and the woman, because he is her wali. So he says: I marry you, or I marry myself to So and so, and so on. He does not need to say I accept, because his acceptance is implied. And she does not need to say I accept either, because a woman cannot do the marriage contract for herself or for anyone else, rather her wali does the marriage contract for her.
Or he may appoint another man to do his marriage contract on his behalf, whether this wakeel is a state official or someone else. In that case his deputy (wakeel) says: I give you So and so in marriage, and he says: I accept. Thus the marriage contract is done. Both ways are narrated from the Sahaabah (may Allaah be pleased with them).
Imam al-Bukhaari (may Allaah have mercy on him) said:
Chapter: If the wali is the suitor. Al-Mugheerah ibn Shu’bah proposed marriage to a woman when he was her next of kin (her guardian), so he told another man to do the marriage contract for him.
‘Abd al-Rahmaan ibn ‘Awf said to Umm Hakeem bint Qaarit: Will you put me in charge of your affairs? She said: Yes. He said: Then I offer to marry you.
‘Ata’ said: Let him bring witnesses, or let him order a man among her family. End quote.
Al-Albaani classed the reports of al-Mugheerah ibn Shu’bah and ‘Abd al-Rahmaan ibn ‘Awf (may Allaah be pleased with them) as saheeh inIrwa’ al-Ghaleel, 1845 and 1855.
It should be noted that it is essential to have the marriage contract witnessed in both cases. For information on the essential parts and conditions of marriage,
And Allaah knows best.






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