In the Name of Allah the Most Compassionate, the Most Merciful

Imamology, Lesson 79-82: The Sunnite’s narratives concerning the enjoyment in Hajj

Collected Works of The Muslim Shiite Scholar and Thinker: Allāma Hājj Sayyid Muhammad Husayn Husaynī Tihrānī

 

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The Sunnite’s narratives concerning the enjoyment in Hajj

And he has brought it in “Ad-Durr al-Mansour” that:

اخرج البخارى و البيهقى عن ابن عباس انه سئل عن متعة الحج، فقال: اهل المهاجرون و الانصار و ازواج النبى صلى الله عليه [و آله‏] و سلم فى حجة الوداع و اهللنا، فلما قدمنا مكة قال رسول الله صلى الله عليه [و آله‏] و سلم: اجعلوا اهلالكم بالحج عمرة الا مقلد الهدى. فطفنا بالبيت و بالصفا و المروة و اتينا النسآء و لبسنا الثياب.

و قال: من قلد الهدى فانه لا يحل حتى يبلغ الهدى. ثم امرنا عشية التروية ان نهل بالحج، فاذا فرغنا من المناسك جئنا فطفنا بالبيت و بالصفا و المروة، و قد تم حجنا و علينا الهدى كما قال الله: «فما استيسر من الهدى فمن لم يجد فصيام ثلاثة ايام فى الحج و سبعة اذا رجعتم» الى أمصاركم، و الشاة تجزى. فجمعوا نسكين فى عام بين الحج و العمرة، فان الله انزله فى كتابه و سنة نبيه، و اباحه للناس غير اهل مكة.

قال الله تعالى: ذلك لمن لم يكن اهله حاضرى المسجد الحرام.‏

و اشهر الحج التى ذكرها الله: شوال و ذو القعدة و ذو الحجة، فمن تمتع فى هذه الاشهر فعليه دم او صوم. و الرفث: الجماع، و الفسوق: المعاصى، و الجدال: المرآء.[59]

‘Bokhari and Bei‘haghi have quoted ibn Ab‘bas that when he was asked about one’s marriage on the Hajj pilgrimage, he answered: ‘All the Immigrants and the Helpers and the wives of the Messenger of Allah, Bless be to Him and his Descendants, wore the pilgrimage garbs in the Farewell Pilgrimage and chanted: LAB‘BAIK (Here am I O Allah). We too wore the pilgrimage garbs and chanted: LAB‘BAIK. Then, when we entered Mecca, the Messenger of Allah, Bless be to Him and his Descendants, commanded us: All of you change your intentions from the Hajj pilgrimage to Umra, (the Minor Hajj), but the exception is for those who have brought with them their sacrificing animals.’

We circumambulated the House of Allah, and trotted between the Mounts of Safa and Marwa, and then went to our wives while changing our pilgrimage garbs to our usual garments.

And the Messenger of Allah stated: Let one who has brought his sacrificing animals with him, remain in his previous intention as he was. Then, in the evening of TAWIIAH, (Moistening), the Messenger of Allah commanded us to wear our pilgrimage garbs for the Hajj and start changing LAB‘BAIK (Here am I O Allah).

And then when we finished our Hajj rites, we entered Mecca, circumambulate the House of Allah, trotted between the two Mounts of Safa and Marwah and ended our Hajj rites. We had only our sacrificing to be done as Allah has stated: Everyone has to take his own sacrificing to Mecca according to his ability, and he who cannot afford it, must go on fasting for three days while on Hajj pilgrimage, and still seven days more when he returns to his homeland – one sheep is enough for every pilgrim.

Therefore, at the Farewell Pilgrimage, the two worshipping: the Hajj pilgrimage and the Minor Hajj were united to one to be taken once a year. It is because Allah has commanded this kind of Hajj in His Book; it is also the tradition of the Messenger of Allah. And it is lawful for all except those living in Mecca’s territories.

Allah has stated: This is a duty upon those whose kith and kin are not living in the territories of the Sacred Mosque.

And the seasons of the Hajj that Allah has assigned are: Shawwal, the Month of Dhul-Gha‘da, and the Month of Dhul-Hejja. So whoever takes the Hajj pilgrimage in these months, he has to slaughter one of the animals (sheep, cows or camels), or to go on fasting; and the meaning of the word فسوق‏ is: sins, crimes, dispute and harsh conversation.

And it is also put in the “Commentary of Ad-Durr al-Mansour”

اخرج البخارى و مسلم عن ابن عمر، قال: تمتع رسول الله فى حجة الوداع بالعمرة الى الحج، و اهدى فساق معه الهدى من ذى الحليفة، و بدا رسول الله فاهل بالعمرة، ثم اهل بالحج، فتمتع الناس مع النبى صلى الله عليه [و آله‏] و سلم بالعمرة الى الحج، فكان من الناس من اهدى فساق الهدى، و منهم من لم يهد.

فلما قدم النبى صلى الله عليه [و آله‏] و سلم مكة، قال للناس: من كان منكم اهدى فانه لا يحل لشى‏ء حرم منه حتى يقضى حجه، و من لم يكن اهدى فليطف بالبيت و بالصفا و المروة و ليقصر و ليحلل ثم ليهل بالحج، فمن لم يجد هديا فليصم ثلاثة ايام فى الحج و سبعة اذا رجع الى اهله.‏[60]

‘Bokhari and Bei‘haghi have quoted ibn Omar saying that: In the Farewell Hajj, to complete his Hajj, the Messenger of Allah cut his Hajj in between Pilgrimage Hajj and the Minor Hajj to enjoy for a while and then he got prepared to fulfill his Pilgrimage Hajj – he had taken the sacrificing animal with him from Dhul-Halifa. First, the Messenger of Allah intended for the Minor Hajj and then he intended for the pilgrimage Hajj. And the people on the Hajj pilgrimage enjoyed themselves between the Minor Hajj and the Main Hajj along with the Messenger of Allah, Bless be to Him and his Descendants. Some of the people had brought with them the animals to sacrifice, and when the Messenger of Allah, Bless be to Him and his Descendants, entered the territory of Mecca, told the people: “Those among you who have brought their sacrificing animals with them must adhere to those things which were unlawful to them, they must not get out of the restrictions until they fulfill their complete Hajj; but those who have not brought the animals with them, must circumambulate the House, trot between the Mounts of Safa and Marwa, have their hair shaved and abandon their intention and pilgrimage garbs. Later on, to complete their Hajj rites, to wear the pilgrimage garbs and chant LAB‘BAIK (Here am I O Allah).’

He who is not rich enough to sacrifice, must go on fasting for three days while still in Hajj and then seven days more when he reaches home to his family.’

This narrative, though the Messenger of Allah, Bless be to Him and his Descendants, performed the Enjoyment Hajj, is not free from agitation; however, by considering the continuation of the narrative that some have not brought the sacrificing animals with them and must get rid of restriction and then chant LAB‘BAIK (Here am I O Allah) for the main Hajj, it has explicit duty to change the Personal Hajj into the enjoyment Hajj.

He has also brought it in Ad-Durr al-Mansour that:

اخرج الحاكم و صححه من طريق مجاهد و عطآء عن جابر: قال: كثرت القالة من الناس، فخرجنا حجاجا حتى اذا لم يكن بيننا و بين ان نحل الا ليال قلائل امرنا بِالاحلالِ..

قلنا: أ يروح احدنا الى عرفة و فرجه يقطر منيا؟ فبلغ ذلك رسول الله، فقام خطيبا فقال: ابا لله تعلمون ايها الناس؟! فانا و الله اعلمكم بالله و اتقاكم له. و لو استقبلت من امرى ما استدبرت ما سقت هديا و لحللت كما احلوا. فمن لم يكن معه هدى فليصم ثلاثة ايام فى الحج و سبعة اذا رجع الى اهله، و من وجد هديا فلينحر. فكنا ننحر الجزور عن سبعة. قال عطآء: قال ابن عباس: ان رسول الله صلى الله عليه [و آله‏] و سلم قسم يومئذ فى اصحابه غنما، فاصاب سعد بن ابى وقاص تيس، فذبحه عن نفسِهِ.‏ [61]

Hakim has extracted the text and corrected it by means of the documents of Mojahid and Ata, quoting Jabir who says:

By the command of the Messenger of Allah, among noises and fusses a great many of the people got ready to take the Hajj pilgrimage; then when we left Medina for the Hajj rites and after a few days travelling there was not long distance to Mina, the place where we could get rid of the restriction, so the Messenger of Allah commanded us to get free from the restriction.

We asked the Messenger how our people could go towards Arafat while they were in the need of their spouses to enjoy and have some relaxation!

Our objection reached the Messenger of Allah and he stood up and started a sermon saying: “O people! Now are you in such state that advising your Messenger what to do? By Allah, I am much closer to Allah than all you are; and my belief in Him and my piety in front of Him is most high! If I already knew the oncoming event I would not bring the sacrificing animal with me, then I would also get free from the Hajj restriction.

So let any of you who has not sacrificing animal go on fasting for three days while he is at the Hajj pilgrimage, and then seven more days when he is back to his family – and anyone who can find animal to sacrifice let him do.”

Jabir says: At that time, we would share and slaughter a sound and grown up camel among seven people.

Ata, who is the narrator of this story says that: Ibn Ab‘bas used to say: On that day, the Messenger of Allah, Bless be to Him and his Descendants, distributed some sheep among the people to sacrifice; and Sa‘d bin Abi Waghghas’ lot was a male goat to sacrifice.

And He has brought it in Ad-Durr al-Mansour that:

أخْرَجَ ابْنُ أبِى شَيْبَهَ وَ الْبُخَارِىُّ و مُسْلِمٌ عَنْ عِمْرَانَ بْنِ حَصِينٍ قَالَ: نَزَلَتْ آيَهُ الْمُتْعَةِ فِى كِتَابِ اللهِ؛ وَ فَعَلْنَا مَعَ رَسُولِ اللهِ صَلَّى اللهُ عَليه (و آله) و سَلّم ثُمَّ لَمْ تَنْزِلْ آيَهٌ تَنْسَخُ آيَهَ مُتْعَهِ الْحَجَّ؛ وَ لَمْ يَنْهَ عَنْهَا حَتَّى مَاتَ، قَالَ رَجُلٌ بَرَأيِهِ مَا شَآء. [62]

Ibn Abi Shaiba, Bokhari and Muslim have extracted it from Imran bin Hasin that he had said: The verse of the enjoyment Hajj was sent down and we performed our enjoyment Hajj along with the Messenger of Allah. There revealed no other verses to abolish the previous one; and the Messenger of Allah did not abolish it until during his life time. Then, another man said his word about it.

The great master Al‘lāma Tabatabaee, May Allah be pleased with, after explaining this narrative in his book “The Commentary of al-Mizan” has added under this narrative:

‘This narrative has been related in another style but similar to Ad-Durr al-Mansour inmeaning.’

And he has brought it from “Sahih Muslim”, “Mosnad Hanbal” and “Sonan Nasaee” that MATROOD says: ‘When Imran bin Hasin was in his death-bed hesent someone to me to take me to him. When I was with him, he said: ‘I am revealing you some narratives and I hope they will be useful for you after my death. But if I recovered and get rid of this sickness of mine, deny them and never relate them to anyone! And if I passed away, you can tell them to the people, because in that case, Allah has secured me exposing them.

Know that the Messenger of Allah, Bless be to Him and his Descendants, join two Hajj(s): the enjoyment Hajj and Umra, (the Minor Hajj); following it, it was not forbidden in the Book of Allah or by His Messenger; however, a man said something about it by his own.’

And it has been put in the “Sahih Termizi” and “Zad-ul-Moaad” of ibn Ghayyim that:

سُئِلَ عَبْدُ اللهِ بْنُ عُمَرَ عَنْ مُتْعَهِ الْحَجَّ. قَالَ: هِىَ حَلالٌ. فَقَالَ السَّائِلُ إنَّ أبَاكَ قَدْ نَهَى عَنْهَا!

فَقَالَ: أرَأيْتَ إنْ كَانَ أبِى نَهَى وَ صَنَعَها رَسُولُ اللهِ (ص)؛ أ أمْرُ أبِى مُتَّبَعٌ أمْ أمْرُ رَسُولِ اللهِ (ص)؟ فَقَالَ الرَّجُلُ: بَلْ أمْرُ رَسُولِ اللهِ (ص).

فَقَالَ: لَقَدْ صَنَعَها رَسُولُ اللهِ (ص).[63]

Abdullah bin Omar was asked about the enjoyment in Hajj, and he answered: ‘It is lawful.’

Then, one asked him but his father had prohibited it! Abdullah said: ‘Now, tell me if my father prohibits it, but the Messenger of Allah performs it, then people should follow my father’s instruction or the Messenger’s action!’

The man answered: ‘Off course the command of the Messenger must be taken.’ Abdullah said the Messenger of Allah had performed the enjoyment Hajj.

And in “Sahih Termizi”, “Sonan Beihaghi”, “Sonan Nasaee”, “Mowatta Malik” and “Umm Shafiee” has related from Muhammad bin Abdullah that he had heard the conversation of Sa‘d bin Abi Waghghas with Zakak bin Ghais in the same year that Mua‘wiyah bin Abi Sofyan had taken the Hajj pilgrimage – they were discussing about the enjoyment Hajj. Zahhak had said: Immediately after the Minor Hajj, no one performs the enjoyment Hajj unless he is ignorant to the command of Allah.

In his part, Sa‘d had said: O my brother, you have proposed a bad subject!

Zahhak had answered: Omar bin Khattab had avoide the people from the enjoyment Hajj.

Sa‘d had said: But, the Messenger of Allah had performed it, and we too are going to do what he did.[64]

And he has brought it in Ad-Durr al-Mansour:

أخْرَجَ الْبُخَارِىُّ وَ مُسْلِمٌ وَ النَّسآئِىٌّ عَنْ ابِى مُوسَى، قَالَ: قَدِمْتُ عَلَى رَسُولِ اللهِ صَلّى الله عَليه (و آله) وَ سَلّمَ وَ هُوَ بِالْبَطْحَآءِ، فَقالَ: اهَلَلْتَ؟ قُلْتُ: اهْلَلْتُ با هْلالِ النَّبِىَّ صَلَى اللهُ عليه (و آله) وَ سَلَّم. قَالَ: هَلْ سُقْتَ مِنْ هَدْىٍ!؟ قَلْتُ: لَا. قَالَ: طُفْ بِالْبَيْتِ و بِالصَّفَا وَ الْمَرْوَهِ ثُمَّ حَلَّ. فَطُفْتُ بِالْبَيْتِ و بِالصَّفَا وَ الْمَرْوَهِ، ثُمَّ أتَيْتُ امْرَأةً مِنْ قَوْمِى فَمَشَطَتْنِى رَأْسِى وَ غَسَلَتْ رَأْسِى، فَكُنْتُ افْتِى النَّاسَ فِى إمَارَةِ أبِى بَكرٍ وَ إمَارَةِ عُمَرَ، فَإنَّى لَقَائِمٌ بِالْمَوْسِمٍ إذْ جَاءَ نى رَجُلٌ فَقَالَ: إنَّكَ لَا تَدْرى مَا أحْدَثَ أمِيرُ الْمُؤْمِنينَ فِى شَأْنِ النُّسْكِ؟ فَقُلْتُ: يَا أيُّهَا النَّاسُ! مَنْ كُنَّا أفْتَيْنَاهُ بِشَىْ‏ءٍ فَلْيَتَّئِدَّ! فَهَذَا أمِيرُ الْمُؤْمِنينَ قَادِمٌ عَلَيْكُمْ؛ فَبِهِ فَائْتَمُّوا!

فَلَمَّا قَدِمَ، قُلْتُ: مَا ذَا الَّذِى أحْدَثْتَ فِى شَأْنِ النَّسْكِ؟! قَالَ: إنْ نَأْخُذْ بِكِتابِ اللهِ، فَإنَّ اللهَ قَالَ: «وَ أتِمُّوا الْحَجَّ وَ الْعُمْرةَ للهِ»، وَ إنْ نَأْخُذْ بِسُنَّهِ نَبِيَّنَا صلّى اللهُ عَليهِ (و آله) وَ سلَّم، لَمْ يُحِلَّ حَتَّى نَحَرَ الْهَدْى.‏[65]

Bokhari, Muslim and Nasaee have extracted it from Abu Musa Ash‘ri saying that: ‘At the region of BATHA, in Mecca, I came across the Messenger of Allah who asked me If I had made my intention and worn the pilgrimage garbs. I said that I had done it similar to the Messenger of Allah.

He stated: “Have you brought the sacrificing animal with you?” My answer was ‘No!’ The Holiness ordered me to circumambulate the House, to trot between the Mounts of Safa and Marwa and then to get rid of my restriction and get free.

‘I circumambulated the Sacred House and trotted between the Mounts of Safa and Marwa then went to a woman of our relatives. She washed my hair and combed it… I always followed this rule at the time of Abu Bakr and Omar. It was until the last time when I took part in Hajj pilgrimage with Omar, I was then an administrator and the chief of the pilgrims. One day, a man referred to me and asked me: “Do you know what command the Commander of the faithful, (Omar), has issued?!” (Tafsir al-Mizan, 2nd volume, page 90).

I announced the people: ‘Whomsoever I have direct in the Hajj rites, let him delay, because the Commander of the faithful is coming to us now, and you must take his order.’

When Omar approached us, I told him: ‘What have you assigned for the Hajj pilgrimage?’

He said: “If we want follow the Book of Allah, Allah has stated: “Perform Hajj and Umra for Allah! But if we want to follow our Messenger, he did not get out of the restriction until he sacrificed a camel at Mina.”

Therefore, to sum up these narratives as well the narrative coming later on, is that: the clear texts of the verses of the Qur’an say that for those who come to Hajj from far away distances have to perform the Enjoyment Hajj but in the main Hajj. That is: at first they must have their intention and wear the pilgrimage garbs, then, when in Mecca, to circumambulate and after trotting between the Mounts of Safa and Marwa to free them from the Hajj restriction, and to end up their Hajj. In this way, only by one journey to Mecca they perform two Hajj(s): one is Umra and the next one the main pilgrimage Hajj. In this way, Umra has been mixed with the pilgrimage Hajj, and between the two there has been a break for the pilgrims to have enjoyments. 

At his time, Omar removed this law, and commanded not to perform Umra in the seasons of the pilgrimage Hajj, and at the MIQAT, the pilgrims to intend for the Hajj and wear the pilgrimage garbs and not to include enjoyments in that intention. And during the other months of the year, to have their intention at the MIQAT and wear their pilgrimage garbs. In fact, Hajj is confined in two: the personal Hajj and the Qiran Hajj. In this way, the Hajj pilgrimage turns to its previous way which was customary among the Arabs in the ignorant time – the same tradition of the Holiness Abraham, Upon Him be Peace.

On the whole, the enjoyment Hajj, and its abolition for the people coming to Hajj from the far away distances, and the Messenger’s new orders in the Farewell pilgrimage, and the descending of Gabriel at the Mount of Marwa, and the revelation of this verse of the Qur’an:

 ذَلِكَ لِمَنْ لَمْ يَكُنْ اهلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَام‏,

and then, the Messenger’s concessive sermons in Mecca, and the objection of the Holiness to those who had objected, all and all become invalid!

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The opponents’ rejection the verse of و اتِمّوا الحجّ والعمرة لِلهِ in the argument 

Now, we must discuss and see why this subject has happened, and what the excuses of those who are not acting even upon the tradition of Omar – not enjoying when on the Hajj pilgrimage!

They have been reasoning on their claim in different ways:

First by the noble verse:

 وَ أتِمُّوا الْحَجَّ وَ الْعُمْرةَ لله‏

‘…and fulfill the Hajj Pilgrimage and the Ümră, (the Minor Hajj), for Allah, (Qur’an: 2/196).’

They claim that the completion of Hajj is just intention and wearing the pilgrimage garbs at the MIQAT, but those who do this and after that performs the Umra and gets free from the restriction at Mecca, and then again intends and wears pilgrimage garbs, all his Hajj is not right and all his rites are defected. It is because his Umra and Hajj are mixed and getting out of restriction in between means getting out of restriction in the middle of means not finishing the whole pilgrimage.

And answering this very easy, because the completion of each pilgrimage: the main Hajj and Umra, is completing each in its own right way. And one who wears the pilgrimage garbs at the MIQAT, and performs circumambulation, trotting between the two mounts of the Safa and Marwa and having the hair cut, has fulfilled a complete Umra; and one who wears the pilgrimage garbs in Mecca, and with the intention of Hajj goes to Arafat and Mash‘ar, and fulfills the rites of Mina and the Sacred House, has fulfilled a complete Hajj, that is: he has performed all its rites properly – while he has avoided all the impediments.

And we understood that fixing the conditions of every small affaires and removing the obstacles in the main Hajj and Umra are with the legislator, and it is he who assigns for the people that in the Qiran and the Personal Hajj they must make their intentions and wear the pilgrimage garbs at the MIQAT, but in the enjoyment Hajj to do so in Mecca; in this case, the fulfillment of the Hajj is the same. Anything other than this violates the integrity of the Hajj. Therefore, the main thing is that everything in Hajj pilgrimage must be asked and carried out by the legislator – in this case the Hajj is complete but disobeying the law is incomplete.

No one can add or omit any single part by his own and then to consider it to be correct or incorrect. Thus, this verse:

 وَ أتِمُّوا الْحَجَّ وَ الْعُمْرةَ للهِ.‏

is saying fulfill the Hajj and Umra only for Allah. Therefore, one cannot extract from this verse some other rules to see his will and desire: how to wear the pilgrimage garbs, when to enter Mecca and how to end up the Hajj, or to get out of the restriction or not to do so.

Now, to explain the fact in details, we are bringing the whole verse into your sight and then we prove it that part of the verse وَ أتِمُّوا الْحَجَّ وَ الْعُمْرةَ للهِ.‏ does not mean what they try to do with – it is even opposite of what they claim.

وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنْ الْهَدْيِ وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْيُ مَحِلَّهُ فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ بِهِ أَذًى مِنْ رَأْسِهِ فَفِدْيَةٌ مِنْ صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ فَإِذَا أَمِنتُمْ فَمَنْ تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنْ الْهَدْيِ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ تِلْكَ عَشَرَةٌ كَامِلَةٌ ذَلِكَ لِمَنْ لَمْ يَكُنْ أَهْلُهُ حَاضِرِي الْمَسْجِدِ الْحَرَامِ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ شَدِيدُ الْعِقَابِ.

‘…and fulfill the Hajj Pilgrimage and the Ümră, (the Minor Hajj), for Allah. But if, [by any reason,] you are prevented it, then, make an offering available. And do not shave your heads until after offerings have reached their destination. But whoever among you is ill or has some rash on his head, then, in compensation, he should either fast or feed the poor, or offer sacrifice later when he feels safer, and anyone who enjoys, [freeing himself from restriction,] by virtue of the Ümră until the Hajj Pilgrimage, let his offering be such as may be feasible; or one who cannot find offering, should fast three days during the Hajj Pilgrimage and seven days when he is back – that means ten. That is for someone whose family does not live about the Holy Mosque. So fear Allah, and know that Allah is severe in retribution, (Qur’an: 2/ 196).’

The verse begins with ‘Fulfill the Hajj Pilgrimage and Ümră for Allah’!

Everything’s completion is due to another thing, when it joins to another particles that things finds its certainty and it finds pleasant sense and order; therefore, by putting that starting part in its place the whole verse finds its real sense, meaning and the completion – the sense that without completion cannot be achieved.

For example, adding one particle of a man to another and then adding them up with the next parts presents his completion; however his courage and knowledge are his completion. Adding some parts of a machine, such as the typing machine or an engine to another part or parts stimulates it; it becomes alive and finds completion – however, its perfection is other than the completion.

The part: وَ أَتِمُّوا الْحَجَّ means to fulfill all the relating Hajj rites in the proper way; leaving not any small single parts of it. The good reason for that it states:

 فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنْ الْهَدْىِ

‘if for the reason of a sickness, or the enemy’s preventing you to enter [Mecca] and you couldn’t complete the rites, you have to send the sacrificing animal by any way! Then, when it is sacrificed in the proper place you can get free from the restriction. It is obvious that any kinds of restrictions and bringing changes about causes defect in the completion of the Hajj. Therefore, this verse clearly explains that in any way, and at any kinds of Hajj pilgrimages: the Hajj of Qiran, Personal or the enjoyment Hajj the rites must completely be performed; not a single part of it can be overlooked or changed.

Then, in this verse, He commands the rules of the Enjoyment Hajj. Those who reap advantage must sacrifice at Mina; the completion of their Hajj is sacrificing. This kind of the reaping (enjoyment) Hajj is incumbent to those people whose homes are far away from Mecca.

Therefore, the beginning of the verse: وَ أَتِمُّوا الْحَجَّ وَ الْعُمْرَة لِلَّهِFulfill the Hajj Pilgrimage and Ümră for Allah’ is a command to correctly fulfilling the Hajj, any kinds of the Hajj. And then it divides the Hajj into two parts: the enjoyment Hajj for those who are far away from Mecca and the other Hajj(s) for those whose homes are in the territory of Mecca. And the necessity of the reaping (enjoying) is drawn from this blissful verse: ذَلِكَ لِمَنْ لَمْ يَكُنْ أَهْلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَامThat is for someone whose family does not live about the Holy Mosque’, but not from the sentence: فَمَنْ تَمَتَّعَ بِالْعُمْرَة إِلَى الْحَج‏; because the sentence فَمَنْ تَمَتَّعَ divides only in two ways, and the part " ذَلِكَ لِمَنْ لَمْ يَكُن‏ " indicates one part of it which incumbent for those living far away, and this meaning is crystal clear!
Now that we understood the whole quality of Hajj and other rites of the religion must be legislated by the lawmaker, and the Messenger of Allah by the dissension of Gabriel and his bringing the verse: "
ذَلِكَ لِمَنْ لَمْ يَكُنْ أَهْلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَام‏", also by his statement on the mount of Marwah, as well as his sermon that he emphasized in Mecca that the quality of Hajj was the same for those who living far away from Mecca until the Day of Resurrection, so the whole Hajj for the people living far away from Mecca is the main Hajj but not the personal or the lesser hajj. Therefore, according to the Messenger of Allah's command, the verse "وَ أَتِمُّوا الْحَج‏" invites us to the main Hajj Pilgrimage, which is for those who are living far away is as the reaping Hajj, the other ones are different from that.
But the relation of the verse: "
وَ أَتِمُّوا الْحَج‏" for putting a gap between the Reaping Hajj and the Lesser Hajj, and the fulfillment of the Hajj by wearing the hajj garment at the appointed place and time is related to this noble verse: " فدون اثباته خرط القتاد", as Al‘lāma, the late miraculous sign of Allah, Taba‘tabaee, may he receive Allah's paradise has stipulated it.[66]

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Omar’s points and difficulties to enjoyment in Hajj

And by this statement, it becomes quite clear that Omar's reasoning on the verse: "وَ أَتِمُّوا الْحَجَّ وَ الْعُمْرَة لِلَّه‏" for the lack of permission for the reaping Hajj, as it is in the narrative of Abu Musa Ash'ari, which was already mentioned, is not correct, similar to his reasoning to this verse in a different narrative which is not correct. The same narrative that is related in "تفسير الدّرّ المنثور", which goes as:

أخْرَجُ مُسْلِمٌ عَنْ أبى نَضْرَهَ قَالَ: كَانَ ابْنُ عَبَّاسٍ يَأْمُرُ بالْمُتْعَهِ، وَ كَانَ ابْنُ الزُّبّيْرِيَنْهى عَنْهَا، فَذُكِرَ ذَلِكَ لِجَابِرِ بْنِ عَبْدِ اللهِ؛ فَقَالَ: عَلَى يَدى دَارَ الحَدِيثُ؛ تَمَتَّعْنَا مَعَ رَسُولِ اللهِ صَلَّى اللهُ عليهِ (و آله) وَ سَلَّمَ؛ فَلَمَّا قَامَ عُمَرُ، قَالَ: إنَّ اللهَ كَانَ يُحِلُّ لِرَسُولِ الله ما شآء ممّا شَآءَ، وَ إنَّ الْقُرْآنَ نَزَلَ مَنَازِلَهُ؛ فَأتِمُّوا الْحَجَّ وَ الْعُمْرةَ كَمَا أمَرَكُمُ اللهُ وَ افْصِلُوا حَجَّكُمْ مِنْ عُمْرَتِكُمْ فَإنَّهُ أتَمُّ لِحَجَّكُمْ وَ اتَمُّ لِعُمْرَتِكُم. [67]

'Moslim has extracted it from Abu Nazrat that he has said: Ibn Abbas used to command and encourage people for the Hajj Pilgrimage, however, ibn Zobair prohibited it, so story reached to Jabir bin Abdullah Ansari and he said: 'This case is in our hand, and must be asked from us.'

We performed the Reaping Hajj with the Messenger of Allah, Bless be to Him and his Descendants, then when Omar became as a ruler, he said: Allah's policy concerning His Messenger was that whatever He wanted, He would make it lawful for him, the Qur'an has also been revealed in its proper position. So you perform your Main Hajj and the Lesser Hajj as Allah has commanded, but separate your Main Hajj from the Lesser Hajj, Ümrăh! Because separating those two helps your Hajj to be perfect and complete.
By this statement, Omar's answer becomes clear: because by Qur'an's clear explanation, the reaping Hajj was not specified only for the Messenger of Allah, and according to the sermon of the Messenger, those tow, the greater Hajj and the lesser Hajj are side by side as the two fingers are. All the scholars, whether the Shiite or the Sunnite are in the same opinions the dissension of a verse on one subject does not mean that it is specified for that certain occasion. Therefore, his saying that "
ان القرآن نزل منازله‏", and then according to his statement that: 'So fulfill your Hajj rites but separating the Greater Hajj from that the Lesser Hajj, is quite rare, that is: drawing an intellectual conclusion against the clear text. And it is benefitted that:
the second phase of the excuses of the opponents that the lack of enjoyment in Hajj causes the wholeness of the Hajj and imitating the tradition of the Messenger of Allah; because the Holiness Messenger did not slaughter his sacrifice animal, and he did not leave his state of ritual taboos until he performed them at Mina. And the sermon of Omar in the narrative of Abu Musa Ash'ari which is said:

ان ناخذ بكتاب الله فانّ الله قال: «آية وَ أَتِمُّوا الْحَجَّ وَ الْعُمْرَة لِلَّهِ ؛ وَ إنْ نَأْخُذْ بِسُنَّهِ نَبِيَّنَا (ص) لَمْ يُحِلَّ حَتَّى نَحَرَ الْهَدى.‏

Is quite baseless! Because following the law and custom of the Messenger when the Holiness does not command anything contrary to his prevous statement; like the voluntary fass and staying awake at nights to pray, but where he has stated the opposite, like a permission to marry more than four wives, without doubt, following the Holiness, for example marrying nine women, is opposite his law and command. And he made it clear in the Farewell Pilgrimage his remaining in the state of the ritual taboo was because of the sacrificing animal he had with him. As he stated, he would also leave that position. Therefore, remaining in the sate of ritual taboo up to Mina is against tha law and tradition for those who have not the sacrificing animals with them. And as this command is durable up to the Day of Resurrection, it is against the law and command for those living far away from Mecca to take personal and casual hajj for the Greater Hajj.
And it is strange to claim following the laws and tradition, while seeing that the Messenger of Allah objected this false claim in his sermon in Mecca, and stated:
أ بالَلهِ تُعَلَّمُونَ أيُّهَا النَّاسُ 'Do you take the lead in Allah's command? And do you want to teach Allah and His Messenger?!'
And leaving the Hajj ritual rites is not immediately after shaving the dead but not going to Mina, the verse decraes that the pilgrim having the sacrificing animas with him must not shave his his, for if he is not the dweller of Mecca his Hajj will not be accepted. In short, the Messenger of Allah did not perform the Enjoyment Hajj, however, he commanded all his followers, all the Muslims and the nation of Islam to fulfill the Enjoyment Hajj until the Day of Resurrection. So how can it not be taken as of the tradition of the messenger of Allah? Can an affair that specified for the Messenger of Allah, and he has commanded his nation to something else, be taken as the tradition of the Messenger of Allah and commanding people to do that? Never, ever!
And it can be benefitted from this that what they have said: "The Enjoyment Hajj belonged to the followers of the Messenger,' is also baseless. It has been put in "الدّر المنثور" that:

‏أخْرج ابن ابى شَيْبهَ و مسلِمٌ عَنْ أبِى ذرّ، قَالَ: كَانَتِ الْمُتْعَةُ فِى الْحَجَّ لأصْحَابِ مُحَمَّدٍ صَلَّى الله عليه (و اله) و سلّم خَاصَّه. [68]

'Ibn Abi Shei'ba and Moslim have quoted Abuzar saying that:‏

أخْرَجَ مُسْلِمٌ عَنْ أبِى ذَرَّ قالَ: لا تَصْلَحُ الْمُتْعَتَانِ إلَّا لَنَا خَاصَّهً- يعنى مُتْعَهَ النَّساءِ وَ مُتْعَهَ الْحَج.

'Moslim has extracted from it from 'Abuzar' that he has said: two marriages are not competence but except for us, that is, marrying women for Enjoyment, and marrying while on Pilgrimage Hajj.'
There is also another narrative in "الدّر المنثور", volume 1, page 216 saying that:

اخْرَجَ اسْحَاقُ بْنُ راهْوَيْهِ عَنْ عُثْمانَ بْنِ عَفّانَ أنَّهُ سُئِلَ عَنِ الْمُتْعَةِ فِى الْحَجَّ، فَقَالَ: كانَتْ لَنَا، لَيْسَتْ لَكُم .‏

The meanings of these two narratives are against the Book of Allah saying that: ذَلِكَ لِمَنْ لَمْ يَكُنْ أَهْلُهُ حَاضِرِى الْمَسْجِدِ الْحَرَام.‏ because the application of this verse and its not specifying for a certain time or some certain people, differ from those two. For opposing the Book, those two are rejected; it is also against the statement of the Messenger of Allah, because he pointed to his two joined fingers and said: 'Similar to these two fingers, the Enjoyment Hajj and the Lesser one, Ümră, are together and they will remain the same until the Day of Resurrection. Apart from this, it was the rejection of some of the Messenger's companions, and their avoiding the Greater Hajj, like Omar, Othman, ibn Zubair, Abu Musa Ash'ari and Mua‘wiyah (as it is in related in some narratives, Abu Bakr), so it becomes clear that it was not specified only for the Messenger of Allah.
Ibn Kathir Damesh'ghi has mentioned it in " البدايه و النهايه‏", volume 5, page 166 that: 'Ahmad Hanbal has rejected this statement , he has said: "How can the narrative of the Enjoyment Hajj be important when only eleven companions of the Messenger of Allah have related it!" And ibn Abbas has also pronounce his judgment to everyone for the Enjoyment Hajj. And in " سيره حلبيّه‏", after the statement of the Messenger of Allah, concerning the change of the Hajj into Ümră, and the question of Siraghat bin Malik, and the sermon of the Holiness after the listening the utterances of the opponents, he confesses that: All these prove that the purpose of the enjoyment, becoming free from restriction between Hajj and Ümră, and that this command is durable until the Day of Judgment; however, he immediately says: Our jurisprudence Imams have have answered this question that this kind of Hajj and Ümră were specified for the companions in that year, it was because to oppose the tradition of the ignorant era who believed Ümră was unlawful to be fulfilled in the seasons of the Enjoyment Hajj. They thought it was "debauchery". And Abu Hanifa, Malik, Shafiee and all the scholars have stuck to this opinion. However, Imam Ahmad bin Hanbal and a tribe of the external have objected them and said: Great Pilgrimage was not specified for the people of that era, it is but for all people until the Day of Resurrection. Thus, it is permissible for everyone, who has not taken his sacrificing animals with him, to change his Great Pilgrimage to Ümră and then after fulfilling the rites of Ümră to get free from restriction of the Hajj.
[69]
Third – concerning the lack of enjoyment and the pilgrims' situation and outward looking it has been said that: the aspect of one pilgrim who is wearing the pilgrimage garment and being restricted must look as the aspect of a passenger travelling towards Allah, he toils and struggles, tired and with disheveled and dusty hair, not taking a bath, without applying perfume or musk, on the way to Allah he has forsaken his family behind and ignored all his belonging and enjoyments. However, if they get free from their restrictions in Mecca, then to wash, comb their hair and apply perfume, and get closer to their wives and lawful maids, also to wear smart and sewn clothes as they wear in their own towns and cities, then there remain no honor or respect for the Hajj and its majestic and greatness wade away!
In his " مسند", Ahmad Hanbal has quoted Abu Musa Ash'ari saying that:

إنَّ عُمَرَ قَالَ: هِىَ سُنَّهُ رَسُولِ اللهِ (ص)- يَعْنىِ الْمُتْعَةَ- وَ لَكِنَّى أخْشَى إنْ يُعْرِسُوا بِهِنَّ تَحْتَ الأرَاكِ ثُمَّ يَروحُوا بِهِنَّ حُجَّاجا. [70]

'In fact Omar says: "Enjoyment [on the Hajj Pilgrimage] is the custom and tradition of the Messenger of Allah; but I am afraid that the men may take their wives [in the shades], under the Arak' Trees in Mecca, and then take them to the Hajj rites from there."'

And in " جَمْع الجَوامِع‏", Siyu:ti has quoted Saeed bin Mosayyeb saying that:

إنَّ عُمَرَ بْنَ الخَطَّابِ نَهَى عَنِ الْمُتْعَةِ فِى أشْهُرِ الْحَجِّ وَ قَالَ: فَعَلاتُهَا مَعَ رَسُولِ اللهِ (ص) وَ أنا أنْهَى عَنْهَا؛ وَ ذَلِكَ أنَّ أحَدَكُمْ يَأْتِى مِنْ افُقٍ مِنَ الافَاقِ شَعِثاً نَصِباً مُعْتَمِراً فِى أشْهُرِ الْحَجِّ؛ وَ إنَّما شَعَثُهُ وَ نَصَبُهُ وَ تَلْبِيَتُهُ فِى عُمْرَتِهِ، ثُمَّ يَقْدِمُ فَيَطُوفُ بِالْبَيْتٍ وَ يُحِلُّ وَ يَلْبَسُ وَ يَتَطَيَّبُ وَ يَقَعُ عَلَى أهْلَهَ إنْ كَانُوا مَعَهُ حَتَّى إذَا كَانَ يَوْمُ التَّرْوِيَهِ أهْلَّ بِالْحَجِّ وَ خَرَجَ إلَى مِنَى يُلَبِّى بِحِجَّهٍ لَا شَعَثَ فِيهَا وَ لَا نَصبَ وَ لَا تَلْبِيَهَ إلَّا يَوْماً؛ وَ الْحَجُّ أفْضَلُ مِنَ الْعُمْرةِ؛ لَوْ خَلَّيْنَا بَيْنَهُم وَ بَيْنَ هَذا لَعَانَقُوهُنَّ تَحْتَ الْأرَاكِ، مَعَ أنَّ أهْلَ الْبَيْتِ لَيْسَ لَهُمْ ضَرْعٌ وَ لَا زَرْعٌ وَ إنَّمَا رَبِيعُهُمْ فِيمَنْ يَطْرَءُ عَلَيْهِم. [71]

'In the seasons of the Hajj Pilgrimage, Omar bin al-Khat'tab has prohibited fulfilling the Hajj as the Enjoyment Hajj; however, he has claimed that: "On the Farewell Pilgrimage, the Messenger of Allah and I fulfilled our Hajj as the Enjoyment Hajj; but I ban people to do so because: enjoyment wades away the hardness of the Hajj just in Ümră, like that one of you come to Mecca from too far away and with great difficulties then, instead of the Greater Hajj, he intends his Hajj as Ümră, wears pilgrimage garments, chants God is the greatest, enter Mecca, and circumambulates the House and performs all rites, then gets free from the restrictions.
He changes his pilgrimage garments into his new sewn clothes,  applies perfume, and if his wife is with him, he even has intercourse and then waits until the day of 'Tarweia' to wear the pilgrimage garments again and to chant "Lab'baik", and set out for Mina. In this way, he has put on the restricted garments but without toiling and feeling the difficulties of the journey, he has chanted ' Lab'baik ' but for a day only.

And the Great Hajj has privilege over the Ümră, and if we let people be free on the Greater Hajj, they will probably get closer to the wives under the Arak Trees. Apart from that, the dwellers in Mecca who are the citizens, have neither cattle to benefit from nor agriculture, their only benefit depends on the the pilgrims entering Mecca, (so if the Ümră is separated from the Greater Hajj, it is obvious that every pilgrim enters Mecca twice for his full Hajj rites. But if they are not separated, then every pilgrim enters Mecca only once and naturally their benefit gets lesser).
And it has been mentioned in some narratives that Omar has said:

قَدْ عَلِمْتُ أنَّ النَّبِىَّ (ص) فَعَلَهُ وَ أصْحَابُهُ، وَ لَكِنَّى كَرِهْتُ أنْ يُعْرِسُوا بِهِنَّ فِى الْأرَاكِ ثُمَّ يَرُوحُونَ فِى الْحَجِّ تَقْطُرُ رُؤُوسُهُم. [72]

'Indeed I know that the Messenger of Allah and his companions fulfilled the Enjoyment Hajj; however, I dislike to see the men taking their wives under the Arak Trees, then after enjoying them, they set out for Hajj while drips of water running down on their faces!'
The answer – the reason is quite clear, because it is a discretion against the designation; Allah and His Messenger have permitted and stipulated to enjoyment and there is no problem in specifying the Hajj Enjoyment. Then, how can consider prior one's personal opinion and verdict to that? ‏
In the book of "The Shiite and Islam" volume 2, page 19, at the footing, Sibt says: 'In his History Book, volume 2, page 39, Abu-al-Feda relates that Ma'moon Abbasi related the sentence "متعتان کانتا محلّلتین" to Omar. Jahiz too, in " بیان و تبیین ", volume 2, page 23 has related it to Omar.' 

Allah and His Messenger knew that what Omar was afraid of, and was worry about, they would do it, thus, they have commanded for the Enjoyment Hajj. They have emphasized the people to carry out the Hajj in this way and enjoy it. And these blessings and mercy are given to the Messenger so that to be obvious that Allah has removed those hardships that the earlier nations had; as well Allah has answered his request as:

رَبَّنَا وَلَا تَحْمِلْ عَلَيْنَا إِصْرًا كَمَا حَمَلْتَهُ عَلَى الَّذِينَ مِنْ قَبْلِنَا رَبَّنَا وَلَا تُحَمِّلْنَا مَا لَا طَاقَة لَنَا بِه.‏

'…Our Lord, do not lay upon us a burden as You did with those before us! Our Lord, do not burden us beyond what we have no strength to bear, (Qur'an: 2/286)!'

And when Allah and His Messenger clearly permit it then, who can dare to oppose it! Besides, Allah and His Messenger are the wisest about the policy of commands, the standard of the laws, and avoiding aggression; as we already mentioned, perhaps the long duration of the Hajj would cause the pilgrims loose patience and commit some disinclined sins; so Allah, رحمة للُامّة المرحومه‏, removed this hardship from them, and changed the difficulty to ease.
And the most strange thing is that in the verse where He has commanded the law of the Enjoyment Hajj, he has mentioned the same meaning that Omar was frightened of, and He has clearly permitted it, is it not that He states: "
فَمَنْ تَمَتَّعَ بِالْعْمَرهِ إلَى الْحَج‏ "? ' Does 'enjoyment' mean something else than enjoying good marriage, clean garment and other related enjoyments?' A good witness for our saying is the narrative which is put in " تفسير الدّر المنثور ", volume 1, page 214, which says:

اخْرج ابن أبى شيبه و ابن المنذر عن عطاء قال: إنّما سُمِيَّتِ الْمُتْعَةُ لِأَنَّهُمْ كانْوا يَتَمَتَّعُونَ مِنَ النّساءِ وَ الثّياب. و فى لفظٍ: يَتَمَتَّعُ بِأهْلِهِ وَ ثيابِهِ.

So the meaning of: "معناى فَمَنْ تَمَتَّعَ بِالْعْمَرهِ إلَى الْحَجِّ ", will be:

وَ مَنْ يُعْرِسْ بِزَوْجَتِهِ وَ أمَتِهِ تَحْتَ الأرَاكِ بَعْدَ الْعُمْرةِ إلَى زَمانِ الحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْى.‏

And the strangest of all is that as some of the companions, objected the Messenger of Allah concerning the Enjoyment Hajj, and they considered the ugliest affair having intercourse while still on Hajj Pilgrimage, by saying:

أ يَرُوحُ أحَدُنَا إلَى عَرَفَهَ وَ فَرْجُهُ يَقْطُرُ مَنِيّا. [73]

As this news reached the Messenger of Allah, he stood against their false assumption and commanded them just what they considered to be an ugly affair; similar to the first time, he commanded them to fulfill the Enjoyment Hajj. That is, again he commanded them to enjoy women, to wear nice garments and apply perfume and scent. Now, considering them unpleasant, is not of petrifaction, affairs and the customs of the ignorant?
Fourth – because of the markets’ closure in Mecca, as we related it from the narrative of Siyu:ti in “Jam-ul-Jawami” fro Saeed bin Mosayyib, that Omar had said: the Sacred House naturally the citizens have no provisions and their hope is in the pilgrims coming going there to perform their Hajj. Therefore, if the Reaping Hajj and the Umra are performed in two times, it would be better for them.

Answer – this compassion is only for Allah, and Allah is not in the need of compassion. This individual reasoning is against the Text for Allah properly provides His slaves, as He states: ان الله بالغ امره‏ ‘…Allah accomplishes His purpose, (Qur’an: 65/3).

We have to be His obedient and sincere slaves and not to interfere in His affair; and not to trespass our slavery and our dutiful missionary – not to take the lead in their commands; as He states:

يا أيُّها الّذِينَ آمَنُوا لا تُقَدَّمُوا بَيْنَ يَدَىِ اللهِ وَ رَسُولِه.‏

‘…O you who believe, do not advance [in any affair] before Allah and His Messenger, (Qur’an: 49/1).

In the beginning of Islam, the Muslims had such shortage of sustenance, and if the travelling of the pilgrims to Mecca and the Sacred Mosque were stopped, those living in Mecca and the Sacred Mosque would face with hardship. Then, Allah sent this verse:

يا أيُّها الَّذِينَ آمَنُوا انَّما الْمُشْرِكُونَ نَجَسٌ فَلَا يَقْرَبُوا الْمَسْجِدَ اْلَحَرامَ بَعْدَ عَامِهِمْ هَذَا وَ إنْ خِفْتُمْ عَيْلَهً فَسَوْفَ يُغْنِيكُمُ اللهُ مِنْ فَضْلِهِ انْ شَاءَ إنَّ اللهَ عليمٌ حِكيم.

‘…O you who believe, the idolaters are impure, so they should not approach the Holly Mosque after this year of theirs. And if [in this breaking-off relation] you worry about poverty, Allah enriches you out of His bounty, if He so desires; for Allah is the Wise All-Knowing, (Qur’an: 9/28).’

Fifth – is that, on the side of fearing in the Enjoyment Hajj, must be known that there would be no enjoyment without worrying and fright.

It has been related in “Ad-Durr-al-Mansour” that:

أخْرَجَ مُسْلِمٌ عَنْ عَبْدِ اللهِ بْنِ شَقيق؛ قَالَ: كَانَ عُثْمَانُ يَنْهَى عَنِ الْمُتْعَةِ؛ وَ كَانَ عَلِىٌّ يَأمُرُ بِهَا؛ فَقَالَ عُثْمَانُ لِعَلِىَّ كَلِمَهً؛ فَقَالَ عَلِىٌّ (ع) لَقَدْ عَلِمْتَ أنَّا تَمَتَّعْنَا مَعَ رَسُولِ اللهِ صَلىَّ الله عليه (و آله) و سلّم؛ و قَالَ: وَ لَكِنَّا كُنَّا خَائِفين.‏[74]

Muslim has extracted it from Abdullah bin Shafaq that he has related: Othman used to avoid people taking the Enjoyment Hajj; however, Ali constantly commanded them to take such pilgrimage. Once Othman mentioned certain subject to Ali, and to his utterance, Ali stated: ‘Do you ever know that we performed the Enjoyment Hajj with the Messenger of Allah?’ Othman answered: But we were in the state of fright then.

And also it is related in “Ad-Durr-al-Mansour” that:   

أخْرَجَ ابْنُ أبى شَيْبَهَ وَ ابْنُ جُرَيْرٍ وَ ابْنُ الْمُنْذِرِ عَنِ ابْنِ الزُّبَيْرِ أنَّهَ خَطَبَ فَقَالَ: يَا أيُّهَا النَّاسُ وَ اللهِ مَا التَّمتُّعُ بِالْعُمْرَهِ إلَى الْحَجِ‏ كَمَا تَصْنَعُونَ، إنَّمَا التَّمَتُّعُ أنْ يُهِلَّ الرَّجُلُ بِالْحَجِّ فَيَحْضُرُهُ عَدُوٌّ أوْ مَرَصٌ أوْ كَسْرٌ، أوْ يَحْبِسَهُ أمْرٌ حَتَّى يَذْهَبَ أيَّامُ الْحَجَّ فَيَقْدِمُ فَيَجْعَلُهَا عُمْرَهً فَيَتمَتعُ تَحِلَّه إلَى الْعَامِ الْمُقْبِلِ ثُمَّ يَحِجُّ وَ يَهْدِى هَدْياً، فَهَذا التَّمتُّعُ بِالْعُمْرَهِ إلَى الْحَجِّ- الحديث.‏[75]

Ibn Abi Sheiba, ibn Jorair, and ibn Monzar have extracted it from Zobair that he delivered a sermon saying that: ‘O people! By Allah, the performance of the Enjoyment Hajj, because of Umra until the time of Hajj, is not like that you are performing! However the meaning of the Enjoyment Hajj is that one makes his intention, wears the pilgrimage garbs for the Hajj, and begins chanting ‘Here am I, O Allah!’ Then, because of the enemy, or illness, or some other sudden damages in the body, or any unknown events he falls behind from performing his Hajj rites, in that case, he changes his intention and pilgrimage garbs into Umra (the Minor Hajj). Then, he goes to Mecca and performs his Umra, and alters his intention from Umra into the Reaping Hajj. And he considers this performance of Umra as expiation for the lack of his Hajj. He waits until the next season of Hajj and in that year he takes his sacrificing animal with him to sacrifice there. So, this is the meaning of the Enjoyment because of the performance of Umra until the time Hajj – narration.

The answer is that: the verse of the Qur’an and statement of the Messenger is absolute and it is not a monopoly to fear or fright, and the verse: فاذا أمنتم clearly explains that this command of enjoyment is specified for the occasion of the peace and security. Therefore, there is no reason to restrict the verse only for the time of fear and fright. And apart from this, the comment that Abdullah bin Zobeir has inscribed is not more than his imagination and dream! Nothing of his commentary is related to the tradition; it is even contrary to the verse and the stamen of the Messenger! Apart from this, we are not only relying on the verse فمن تمتّع بالعمره الى الحج to prove the necessity of Enjoyment in the Hajj so that one should say: This case only points the necessity of sacrificing when intending for the Hajj, but our reasoning is the rest of the verse which says:

 ذلك لمن لم يكن أهله حاضرى المسجد الحرام

and this part has nothing to do with the fear and fright of the enemy or any kinds of illnesses or the broken parts of the body; and it is meant the enjoyment for those coming to Hajj from the far distances.

The six one is on the side of the Guardianship and upon this approximation Omar has prohibited the enjoyment on the base of his own religious guardianship; it is because Allah has assigned the obedience of those in authorities to be necessary; and He has stated:

يَا أيُّها الَّذِينَ آمَنُوا أطِيعُوا اللهَ وَ أطيِعُوا الرَّسُولَ وَ اولِى الْامْرِ مِنْكُم.

‘…O you who believe, obey Allah, and obey the Messenger and those in authority among you, (Qur’an: 4/59).’  ‏  

And in this way, they have related of Omar’s prohibition of the Enjoyment Hajj in the period of his ruling, such as this one putting in the ‘SONAN OF NASAEE” from ibn Ab‘bas saying that:

سَمِعْتُ عُمَرَ يَقُولُ: وَ اللهِ إنّى لأنْهَا كُمْ عَنِ الْمُتْعَةِ وَ إنَّهَا لَفِى كِتَابِ اللهِ، وَ لَقَدْ فَعَلَهَا رَسُول اللهِ (ص)- يَعْنِى الْعُمْرةَ فِى الْحَج.[76]

‘I heard Omar saying: By Allah, I will prohibit you from performing the Enjoyment Hajj, even if it is mentioned in Allah’s Book and the Messenger of Allah has fulfilled it – by saying so, he meant the adhering of Umra to Hajj.

And in the “SONAN OF BEIHAQI”, there are narratives from Muslim, Abi Nazra, and Jabir saying that:

انَّ ابْن الزّبير يَنْهَى عَنِ الْمُتْعَةِ وَ ابْنَ عَبَّاسٍ يَأْمُرُ بِهِ. قَالَ: عَلَى يَدى جَرَى الْحَدِيثُ، تَمَتَّعنَا مَعَ رَسُولِ اللهِ (ص) وَ مَعَ ابى بَكْر، فَلَمّا وَلِىَ عُمَرُ خَطَبَ النّاسَ فَقالَ انَّ رَسولَ اللهِ (ص) هذا الرَّسُولُ؛ وَ الْقُرآن هذَا الْقُرْآنُ؛ وَ إنَّهُمَا كَانَتَا مُتْعَتَيْنِ عَلَى عَهْدِ رَسُولَ اللهِ (ص) و أنَا أنْهَى عَنْهُمَا وَ اعَاقِبُ عَلَيْهِمَا، إحْدَيهُمَا مُتْعَهُ النَّسَاءِ؛ وَ لا أقْدِرُ عَلَى رَجُلٍ تَزَوَّجَ امرَأة إلى أجَلٍ إلا غَيَّبْتُهُ بِالْحِجَارَهِ؛ وَ الاخْرَى مُتْعَهُ الْحَج.‏[77]

‘Abdullah bin Zobeir prohibited the temporary marriages, while Abdullah bin Zobeir was encouraging people to temporary marriages; so Jabir bin Abdullah said: This story has been formed by us and it must be questioned and learned from us. We used to have the Enjoyment Hajj with the Messenger of Allah, Bless be to Him and his Descendants; we also did so at the time Abu Bakr. However, when the government was transferred to Omar, he addressed the people in his sermon and said: The Messenger of Allah is the same Messenger, and so is the Qur’an the same Qur’an. There used to be two enjoyments at the time of the Messenger of Allah, Bless be to Him and his Descendants, and now I am going to prohibit both of them. From now on, whoever performs such an enjoyment Hajj, should see the consequence to it, I am going to punish him.

‘One of those two is the enjoyment with the women; because I cannot tolerate it to see a man marrying a woman for a certain period of time but I overlook it – unless I see him being stoning to death; and the other one is enjoying women in the season of Hajj.’

The answer is that Omar has not given such an authority by Allah to change any law, and replace an unlawful thing with the lawful or prohibit the lawful. And the verse, like:

 و أطِيعُوا اللهَ وأطيِعُوا الرَّسُولَ وَ اولِى الْامْرِ مِنْكُم‏

cannot denote the necessity of the obedience.

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‘Those in authority’ do not have rights to interfere the divine legislation

First of all, because as we explained it in this course of ‘Knowing the Imam’, volume two, in the section of ‘The Course of Science and the Islamic Knowledge’, the phrase: “Those in Authority” is specified for the Infallible; and Fakhr Razi, with such strict belief in his thoughts and belief, has accepted this. We explained it in details in the volume two. We went through the subject word by word, and by the assistance of Allah we proved it and answered the doubtful claimers that the verse only refer to the Infallible Imams and it would be wrong to assume it for the infallible.

So far, we have not come across with anyone to consider Omar or any other similar Caliphs to be innocent, though all the scholars of Sunnite try to cover their mistakes and errors, and they produce nonsense verifications for their rightfulness. However, with their hard efforts in the past fourteen centuries, these scholars have not been succeeded to cover their mistakes and errors; they have not been able to present them as innocent to bring them on the right track! On the other hand, the Guardianship that the Qur’an has introduced to be for the innocent ones is other that this case. This forgoing sentence needs a brief explanation, and it is that:

The verses of the Qur’an constantly denote the necessity of obeying what Allah has sent to His Messenger; like this verse:

اتَّبِعُوا مَا انْزِلَ إلَيْكُمْ مِنْ رَبِّكُم.‏

  ‘…follow whatever has been sent down to you by your Lord, (Qur’an: 7/2).’

And also they denote the necessity of obeying whatever the Messenger of Allah has put in legislation by the permission of Allah, such as:

وَ لا يُحَرِّمُونَ مَا حَرَّمَ اللهُ وَ رُسولُه.‏

‘…and do not forbid what Allah and His Messenger have forbidden, (Qur’an: 9/29).’

As well this verse:

مَا ءاتَاكُمُ الرَّسُولُ فَخُذُوهُ وَ مَا نَهَاكُمْ عَنْهُ فَانْتَهُوا.

‘…and take whatever Messenger may give you, but leave whatever he forbids you, (Qur’an: 59/7).’

It is because in this verse the bestiality is against the prohibition, which means to command; the verb ‘this is the obedience of Allah and His Messenger’ is incumbent carrying out their commands. And it is the same about judging or commanding, these must be carried out by the command of Allah and His Messenger. And it is put in the chapter five, the ‘Heavenly Food’ that:

وَ مَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللهُ فَاولَئِكَ هُم الْكَافِرُون.

‘…but those who do not judge by what Allah has revealed are the wrongdoer, (Qur’an: 5/47).’

وَ مَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللهُ فَاولَئِكَ هُم الْظَّالِمُون.

‘…but those who do not judge by what Allah has revealed are the oppressor, (Qur’an: 5/46).’

و من لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللهُ فَاولَئِكَ هُم الْفَاسِقُون‏

‘…but those who do not judge by what Allah has revealed are the corrupt, (Qur’an: 5/48).’

Like the verse:

وَ مَا كَانَ لِمُؤْمِنٍ وَ لا مُؤمنه إذَا قَضَى اللهُ وَ رَسُولُهُ أمْراً أنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أمْرِهِمْ وَ مَنْ يَعْصِ اللهَ وَ رَسُولَهُ فَقَدْ ضَلَّ ضَلالًا مُبيناً.

‘…It is not for any believing man, or believing woman, when Allah and His Messenger have decreed a matter, to have any choice in their affair, once Allah and His Messenger have decided upon some matter. Anyone who disobeys Allah and His Messenger has wandered off into an obvious error, (Qur’an: 33/36).’

As well the verse:

وَ رَبُّكَ يَخْلُقُ مَا يَشَاءُ وَ يَخْتَارُ مَا كَانَ لَهُمْ الْخِيَرَة.

‘…and your Lord creates whatever He desires, and the decision remains only with Him – while the others have no choice, (Qur’an: 28/68).’

And the word “Choice”, in these verses means: either the Divine Decree or the legislation or both together. And it has been emphasized in the Qur’an that it cannot be abrogated; the revealing commands of the Qur’an last in the same way for ever until the Day of Resurrection. As it is stated:

و إنَّهُ لَكِتَابٌ عَزِيزٌ، لَا يَأتِيِه الْبَاطِلُ مِنْ بَيْنِ يَدَيْهِ وَ لَا مِنْ خَلْفِهِ تَنْزِيلٌ مِنْ حَكيمٍ حَميد.

‘…indeed it is an exalted Book; No falsehood can ever approach it from either in front of it or behind it, since its revelation is from the Wise Praiseworthy, (Qur’an: 41/41-42).’

The pronoun ‘إنَّهُ’ refers to the word ‘ذكر’ which means the Holy Qur’an, and so is the إنَّ الَّذِينَ كَفَرُوا بِالذِّكْرِ لَمَّا جَائَهُم in the beginning of chapter 41. And the meaning of ‘عَزِيزٌ’ is that He is Stable and does not let anything penetrate Him, and He is His own protector. And the meaning of the bestiality is the vain entering in it and destroying the whole or some of it – whether it belongs to the rights of the past or the laws and rules or the morale attitudes of the bygones. And it also damages the sayings and narrations and makes them useless.

And this part of the verse ‘مِنْ بَيْنِ يَدَيْهِ وَ لَا مِنْ خَلْفِه’ is a proof what is in the beginning of the verse or the last part; or it refers to the time, that is: vain has nothing to do with Him at any time: whether in the past, at this moment and the future. In this way, it means, not any commands or anything else can change the main sense and meaning of the Qur’an in the future. Nor any commands and the things that have come to existence so far can penetrate in it. Never ever anything, any laws, the modern science that has been under progressing for the centuries, and now has come to existence can penetrate it. And none of the laws and commands and the different science that will come to sight in the future until the Day of Resurrection, can break in it.

On the whole the meaning is the same, that is, there is no contradictory in the meaning of the Qur’an, there is no false news in it, and vain things have no way in it; there is not abrogate, no alterations and not any changes in it. Not any of the existing events or any occurrences in the future, up to the Day of Resurrection. Nor the bygones events can oppose it!

Thus, the verse denotes the absolute impossibility of the abrogation of the commands. Therefore, whatever Allah and His Messenger have assigned as the Divine Legislation, or they have commanded the people to it, it becomes necessary for the people to follow it – whether those in authority or the common people.

This was an introduction to our purpose which we explained this way.

We can deduce from this statement that the verse:

أطِيعُوا اللهَ وَ أطيِعُوا الرَّسُولَ وَ اولِى الْامْرِ مِنْكُم.‏

Is confirmed the authorities and follows the commands in the right way; and concerning the whole divine commandments, the authorities are under the rein of Allah and His Messenger, and the necessity of following them is in the same way. And on this base, following them is only following their commands, and the commands that policy of the Islam is within; however the commands of Allah are saved and are on the top. Alike the discretion that one applies in his personal affairs; he fulfills a task or leaves it with his own desire, in both cases his main choice and command are fixed and unchangeable. For example every one of us has the choice eating a pomegranate on the Friday or not having it, therefore, we choose one of them – either we eat or not eat it; however, the choice of eating or not eating a pomegranate on Friday is still there in its place. We can buy something on a certain Thursday or not to buy it, but in any case the permission of buying or not buying a lawful thing remains as it is. We can refer to a judge for a certain case and receive his verdict concerning our rights or not receiving it; and we can refer not to him and forget about our rights, in either case, referring or not referring to the judge is permitted.

However, we cannot change a rule or a command, for example to drink alcohol or to devour usury, or to usurp the right property of the others: in some way to render his possession even if there lies much benefit in it. For the reason that this action of us violates the commands of Allah; while His laws and commands are inflexible. All these are examples for the personal properties.

The subject, concerning those in authorities, is the same; by following the commands of Allah and protecting the rights of the people, the public affairs are based on the way that the Holy Qur’an and the Messenger of Allah state.

By considering the good intention in the affairs of the nation, those in authorizes must protect the Islam, they should decide whether war is good or peace for the country, and so is with the other affairs of the people: trading, agriculture and the welfare of the nation. They must show them the straight and the shortest way to get more and sure benefit from; but they have no right to change the main commands of Allah.

In short, the Master of the affairs (those in authorizes) is considered a single person assigned for the public; solving the problem of every individual is with him – it is the responsibility of the Master of the affairs to see to the shortcoming of the society.

By protecting the commands of Allah, the Masters of the affairs have rights to alter anything he finds useful for the public affairs. However, if a Master of the affair is permitted to change a command by his own desire – to add something to the law or take it – then, there would remain no laws or legislations! Because if any of the Master in affairs took away a command or added to it, after not very long period, the entire commands and the divine legislation would collapse; then, there would remain no laws and legislations until the Day of Resurrection.

And what is difference between sayings: the command of enjoying the women through the temporary marriage, and the command of enjoying the women and the others on Hajj pilgrimage is not fit with the rites of the Hajj, so it must be taken away; or having a made-slave and enjoying her has nothing to do with the modern world. And similarly between saying: the modern society does not approve the cupping the hand of a thief when stealing, or stoning an adultery or adulteress to death is something which does not go with this society – now, they are approved and must be abolished.

This case is clearly seen in some of the narratives, where Obai bin Ka‘b stood in front of Omar and said: You have no right to rise against the commands of the Qur’an and the Messenger of Allah and to change what they say! Omar had nothing to say.

It has been related in “Ad-Durr-al-Mansour” that:

أخْرَجَ اسْحاقُ بْنُ رَاهْوَيْهِ فِى مُسْنَدِهِ وَ احْمَدُ عَنْ الْحَسَنِ: انَّ عُمَرَ بْنَ الْخَطَّابِ هَمَّ أنْ يَنْهَى عَنْ مُتْعَهِ الْحَجَّ فَقَامَ إلَيْهِ ابَىُّ بْنُ كَعْبٍ؛ فَقَالَ: لَيْسَ ذَلِكَ لَكَ! قَدْ نَزَلَ بِهَا كِتَابُ اللهِ وَ اعْتَمَرْنَاهَا مَعَ رَسُولِ اللهِ صلّى الله عليه (و آله) و سلَّم فَنَزَلَ عُمَر.[78]

Both: Ishaq, the son of Rahwiia in his “Mosnad”, and Ahmad Hanbal too from Hassan have related that: Omar bin Khattab decided to prohibit people from enjoying on the Hajj pilgrimage, and once, ibn Ka‘b stood up saying: This is not your right to say so. Allah’s Book has brought this command to man; we did fulfill the enjoyment Hajj and Umra with the Messenger of Allah, Bless be to Him and his Descendants. By hering what he say, Omar descended the pulpit.

It is also related in “Ad-Durr-al-Mansour” that:

أخْرَجَ الْبُخَارَىُّ وَ مُسْلِمٌ وَ النَّسائىُّ عَنْ سَعِيدِ بْنِ المُسَيَّبِ قالَ: اخْتَلَفَ عَلِىٌّ وَ عُثْمَانُ وَ هُمَا بِعُسْفَانَ فِى الْمُتْعَةِ؛ فَقَالَ عَلِىُّ: مَا تَرِيدُ إلَّا أنْ تَنْهَى عَنْ أمْر فَعَلَهُ رَسُولُ اللهِ صلّى الله عليه (و آله) و سلّم؛ قَالَ: فَلَمّا رَأى ذَلِكَ عَلِىٌّ أهَلَّ بِهِمَا جَمِيعا.[79]

Bukhari, Muslim and Nasaee have extracted it from Saeed bin Mosayyib that he had said: In Osfan, (which is a station between Mecca and Medina), there was a dispute between Ali bin Abī Tālib, Upon Him be Peace, and Othman concerning the enjoyment on the Hajj pilgrimage. Ali, Upon Him be Peace, stated: “You have nothing to do but prohibit the people to do what the Messenger of Allah did!” However, when Ali, Upon Him be Peace, saw that Othman was still on his demand, he, with the intention of the Enjoyment Hajj (Hajj and Umra together) wore the pilgrimage garbs and began his chanting: ‘Here am I, Allah’.

By whatever is said so far, it becomes clear that: These changes of Omar, in the legislation of the Messenger of Allah, were not correct. Even though he was chosen by the people, as he demands, still his claim is unacceptable.

Omar not only prohibited the temporary marriage on Hajj, but he prohibited marrying the women; he said: Whoever marries a woman for a certain period of time, I will give him lashes as reprimand. That is, I will consider it as the act of adultery and I will punish him. He also brought many alterations in the divine legislations, which all are recorded in the books by the Shiite ad the Sunnite.

Othman too took the rein on the basis of Omar and Abu Bakr, because when he, in the Assembly of the Council, after three days which Omar had appointed, but they did not get the result they expected, Abd-ur-Rahman Auf told the commander of the believers, Upon Him be Peace, “I swear allegiance with your Caliphate but if you govern according to the Book of Allah, the tradition of His Messenger and the conduct of the two Sheikhs.”

The Commander of the believers, Upon Him be Peace, answered: I promise only carrying out the commands of the Book of Allah and the traditions of His Messenger.

Then, Abd-ur-Rahman Auf turned to Othman and said: “I swear allegiance with your Caliphate but if you govern according to the Book of Allah, the tradition of His Messenger and the conduct of the two Sheikhs.” Othman accepted him and he swore allegiance to him.[80]

Thus, we see that Othman, at the time of his governing, he respected Omar and Abu Bakr and blindly carried out their mistakes – he approved their false commands. And even Mua‘wiyah bin Abi Sofyan, as well the other Omayyad’s Caliphs, respected the two Sheikhs’ characters, though there was nothing logically right in their handling the nation.   

Now, we that act upon the Book of Allah and the statement of the Messenger is that we consider them to be right and innocent from any errors, otherwise, what can compel us doing so! Then, to be on our own, we enjoy ourselves freely until the Day of Judgment – free in our affairs, social lives, marriages which all are baseless.

While Omar was not infallible, and there has been no permission for his action in the Book of Allah or the tradition of the Messenger so by whose permission or authority he has done so? Apart from his wrong action, so for what reason one must carry out his unreasonable legislation until the Day of Resurrection? Why should we respect his command and prohibition? In this way, carrying out his commands along with the commands of the Book of Allah and the tradition of the Messenger! 

Even if Omar had a religious government, and if the Master of the affairs of the nation were based on the truth, his command had to be carried out at his own time but not by us, generation after generation. 

This is a big mishap that our Sunnite brothers have been trapped in; no one knows why they are going through such manifest errors! Why and what for they are taking their Hajj pilgrimage in that manner? If they are after the fact and the truth, and they go to Hajj for the command of Allah and His Book, as well the tradition of the Messenger of Allah, we explained that it is another story.

But if it is for the satisfaction of Omar and the other Caliphs then they should know that it is totally wrong; according to this verse:

 و يَوْمَ الْقِيَامَهِ يَكْفُرُونَ بِشِرْكِكُم‏

is their share!

 ‘…and on the Day of Resurrection, they will deny your partnership, (Qur’an: 35/14).’

The Book of Allah and the traditions of the Messenger of Allah are two main practical commands in the religion; and adding the conducts of the two Sheikhs and Omar to them is a manifest abrogation of the command of the Book and Muhammadabad’s laws and the rules – any manipulation in it weakens the Book of Allah.

The difference between the Shiite and the Sunnite – هَداهُم اللهُ الَى الصِّراطِ الْمُسْتَقيمِ وَ النَّهْجِ الْقَويم – is that we consider the Book of Allah, the statement of the Messenger and the Infallible Imams to be the main base of the religion, but they add the conducts of the Sheikhs to it; then they naturally practice the verdicts of the Sheikhs!

Here, it was time we mentioned a great point and that is: they consider the Commander of the believers, Upon Him be Peace, to be the fourth Caliph, and they call the four-caliphs as ‘the rightly guided caliphs’. To their invention, we ask them: what have made you follow the conducts of the Sheikhs but forget the conduct of the Commander of the believers, Upon Him be Peace? What! Was he not the rightful Caliph by your own election? So why do you not follow him? While in your authentic commentary and well-known books it is written that the Holiness Ali had permitted the temporary marriage, he had openly announced it to be lawful and let the people enjoy it on their Hajj pilgrimage. So, why do you not follow this tradition and his command? Supposing that you followed the conducts of Omar and Abu Bakr, you should know that still the main base in Islam are the Book and the traditions, which is the jurisprudent of Household, peace be upon them all. Now, it is the right time you the Sunnite brothers came to your senses and attentively referred to the history of the Islam, even within your books. Then, by making right from wrong, you would find your way and then practice it.

Now, it is time we mentioned two stories, the first one is in “Ad-Durr-al-Mansour” which Bukhari and Muslim have related it from Abu Jamra say that: ‘I asked ibn Ab‘bas concerning the temporary marriage, and he encouraged me doing that. And then, I asked him what to sacrifice, he told me to sacrifice a sheep, a cow or a camel, or to take part in someone’s sacrificing! However, there were some people on Hajj who displeased the temporary marriage. (Then, when I enjoyed, I fell asleep) and in my sleep I dreamed a man was calling: حَجٌّ مَبْرُورٌ وَ مُتْعَهٌ مٌتَقَبَّلَه “The Hajj is good and approved and the temporary marriage is admitted.”

‘I went to ibn Ab‘bas and related my dream to him, he said:

اللهُ أكْبَرُ، سُنَّهُ أبِى الْقاسِمِ صلّى الله عليه (و اله) و سَلَّم‏ [81]

The second one is from RAQIB ISFAHANI in his very useful book of “MOHAZERAT”, he has related that: Yahia bin Aktam asked a Sheikh in Basra: “Whom have you followed concerning the temporary marriage?”

The Sheikh answered: ‘I have followed Omar bin Khattab.’ Yahia asked: “How can it be true while we see that Omar is the strictest person against the temporary marriage.”

The Sheikh said:

  نَعَمْ: صَحَّ الْحَدِيثُ عَنْهُ أنَّهُ صَعِدَ الْمنْبَرَ فَقَالَ: يَا أيُّهَا النَّاسُ مُتْعَتَانِ أحَلَّهُمَا اللهُ وَ رَسُولُهُ لَكُمْ؛ وَ أنَا احَرِّمُهُمَا عَلَيْكُمْ وَ اعَاقِبُ عَلَيْهِمَا. فَقَبِلْنَا شَهَادَتَهُ؛ وَ لَمْ نَقْبَل تَحْرِيَمه.‏[82]

‘Yes, the right narrative has been related by Omar and it was when he climbed the pulpit and said: ‘O people there were two kinds of marriages (marrying a woman as usual and the temporary marriage) that Allah and His Messenger made them lawful for you, but I prohibit it, and whoever goes after such a marriage I will punish him.

‘We accepted his word that Allah and His Messenger had permitted it, but we did not care what he was prohibiting us from.’

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References


[59] ". تفسير الدّرّ المنثور ", volume1, page 215.
[60] ". تفسير الدّرّ المنثور ", volume1, page 216. 
[61] ". تفسير الدّرّ المنثور ", volume1, page 217. And in "طبقات‏", volume 2, page 187, ibn Sa'd has related from Jabir similar narrative.
[62] ". تفسير الدّرّ المنثور ", volume1, page 216.
[63] "تفسير الميزان‏ ", volume 2, page 89.
[64] "تفسير الميزان‏ ", volume 2, page 89.
[65] "تفسير الميزان‏ ", volume 2, page 90; and "الدرر منثور", volume 1, page 216.
[66] " تفسير الميزان‏ ", volume 2, page 92.
[67] " تفسير الدّرّ المنثور ", volume 1, page 217, and "تفسير الميزان‏ ", volume 2, page 90.
[68] "تفسير الدّرّ المنثور", (The Commentary of Ad-dur-al-Mansoor), volume 1, page 216, and "تفسير الميزان‏", volume 2, page 91.
[69] " سيره حلبيّه‏", volume 3, page 298.
[70] "تفسير الميزان‏", volume 2, page 90.
[71] "تفسير الميزان‏", volume 2, page 90.
[72] " تفسير الميزان‏", volume 2, page 93
In the book of "The Shiite and Islam" volume 2, page 19, at the footing, Sibt says: 'In his History Book, volume 2, page 39, Abu-al-Feda relates that Ma'moon Abbasi related the sentence "متعتان کانتا محلّلتین" to Omar. Jahiz too, in " بیان و تبیین ", volume 2, page 23 has related it to Omar.'
[73] " سيره حلبية", volume 3, page 296, and the " طبقات ابن سعد", volume 2, pages 178 and 188, also " سنن بيهقى‏", volume 5, page 95.
[74] " الدر المنثور ", volume 1, page 216; and "تفسير الميزان‏", volume 2, page 91.
[75] " الدر المنثور ", volume 1, page 214; and "تفسير الميزان‏", volume 2, page 94.
[76] "تفسير الميزان‏", volume 2, page 91.
[77] "تفسير الميزان‏", volume 2, pages 90 and 91.
[78] "The Commentary of Ad-Durr-al-Mansour”, volume 1, page 216; and the “Commentary of Al-Mizan”, volume 2, page 96.
[79] " تفسير الدّر المنثور", volume 1, page 216.
[80] " شرح نهج البلاغه‏" (The Explanation of Nahj-ul-Balagha) , the publication of "دار احياء الكتب العربيّه‏", volume 1, page 194.
[81] " تفسير الدّر المنثور", volume 1, pages 216 and 217.
[82] "اصل الشيعه و اصولها", the tenth publication, page 178.

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