Azami 4827

Tabarani narrated it in al-Awsat (2547), and Bayhaqi (222/5), both through routes from Abu Zubayr, from Jabir, who said, then he mentioned it. Its isnad is hasan because of Abu Zubayr, for his hadith is hasan.On this subject there is also what was narrated from Umm Salama as well. Imam Ahmad narrated it (26590). It contains Muhammad bin Ishaq, who is a mudallis and narrated it with an ambiguous "an" form.The jurisprudence of the hadithTirmidhi said, following the hadith of Ibn Abbas (3/270), "This is acted upon by some scholars, who hold that stipulation is valid in Hajj, and they say, if someone makes the stipulation and then illness or some other impediment befalls him, he may exit and be released from his ihram. This is the view of Shafii, Ahmad, and Ishaq. Some other scholars did not hold stipulation in Hajj to be valid." He did not name them.Among those who rejected stipulation in Hajj was Abdullah bin Umar. He used to say, "Is not the sunnah of the Messenger of Allah ﷺ sufficient for you? If one of you is prevented from Hajj, he circles the House and goes between Safa and Marwa, then he is released from everything until he performs Hajj the following year, offering a sacrifice, or fasting if he cannot find a sacrificial animal."Bukhari narrated it in the Hajj chapter (1810) from Ahmad bin Muhammad, who said, Abdullah informed us, Yunus informed us, from Zuhri, who said, Salim informed me, saying, Abdullah bin Umar used to say, then he mentioned it.Bayhaqi said (223/5), "Had the hadith of Dubaa bint Zubayr reached him, he would have adopted it, and he would not have rejected stipulation, just as his father did not reject it."The benefit of stipulation is that whoever is prevented by illness or something else is released wherever he was prevented. If he has a sacrificial animal with him, he slaughters it, and if he has no sacrificial animal, nothing is due upon him, unless his Hajj was the obligatory Hajj of Islam, in which case he must perform Hajj again the following year. This is the view of the Hanbalis.Abu Dawud said in al-Masail (page 123), "I heard Ahmad being asked about someone who made the stipulation in Hajj and was then prevented. He said, nothing is due upon him."Then Ahmad mentioned the statement of the one who said, "They used to make the stipulation but did not consider it to have any effect." He said, "That is backward reasoning. He wanted to make an appealing case for rejecting the hadith of the Prophet ﷺ concerning the statement of Dubaa, 'Say, my place of release is wherever you detain me.'"See for more, Minna Kubra (372/4).