Azami 5204

Bukhari narrated it in Hajj (1734), and Muslim in Hajj (1307), both through Wahib, who said, "Abdullah bin Tawus narrated to us, from his father, from Ibn Abbas," with the same wording in both.The second narration is found in Bukhari, in Hajj (1735), through Khalid bin Mihran Haddan, from Ikrima, from Ibn Abbas. The third narration is also found in Bukhari, in Hajj (1722), through Ata bin Abu Rabah, from Ibn Abbas. His saying, "I visited," refers to the circumambulation of visiting, which is the circumambulation of departure.Bayhaqi narrated it (5/142–143) from the hadith of Ibrahim bin Tahman, from Khalid Haddan, from Ikrima, from Ibn Abbas, that he said (and he mentioned the hadith), adding in it, "I do not know of him being asked about anything that day except that he said, 'There is no harm,' and he did not command any expiation." He said, "This isnad is sahih." End of quote.I say, this hadith was also recorded by Bukhari (1723), Abu Dawud (1983), and Imam Ahmad (1858), all of them through other routes from Khalid Haddan, and they did not mention in it, "and he did not command any expiation." For this reason Ibn Turkmani said, "This addition is very strange. I did not find it in any of the books commonly circulated among scholars, and I was unable to determine the status of Bayhaqi's teacher and his teacher's teacher after searching and investigating. Also, Ibrahim bin Tahman, although narrations from him appear in the Sahih, has been criticized by scholars." And he spoke at length on this.I say, this addition is sound from the standpoint of fiqh, but Bayhaqi, may Allah have mercy on him, often handled matters of hadith craftsmanship in ways that scholars have criticized, as is the case in this issue. A group of scholars have said that holding to the apparent meaning of these hadiths contradicts the words of Allah Almighty, "And do not shave your heads until the sacrificial animal reaches its place" [Baqarah 2:196]. For this reason Ibn Turkmani said, "Most jurists have abandoned acting upon the general application of these hadiths, and it has been reported from Malik that whoever shaves before throwing the pebbles owes a blood sacrifice." And he spoke at length on this.I have elaborated on the positions of the scholars in Minna Kubra (4/267–275), and the summary of it is that whoever performs one rite before another, whether forgetfully, out of ignorance, or intentionally, owes nothing, because the obligation of fidya requires evidence, and had it been obligatory the Messenger of Allah ﷺ would have made it clear, since delaying clarification beyond the time of need is not permissible, as established by the scholars of legal theory.This is the view of the majority of scholars, among them Shafii, Ahmad, Ishaq, Dawud Zahiri, and the jurists of the people of hadith in the East and West. Ibn Hazm said in Muhalla (7/264–265), after mentioning the statements of jurists regarding requiring a blood sacrifice from whoever advances or delays something, "All these statements are extremely corrupt, because they are all mere claims without evidence, neither from the Quran, nor from the sunnah, nor from analogy, nor from sound opinion."As for what was reported from Ibn Abbas, "Whoever advances or delays something of his Hajj should shed blood for that," it is daif, as Ibn Hazm said in Muhalla, and Ibn Abdul-Barr in Tamhid (7/277), and Ibn Hajar in Fath (3/573). See for more, Minna Kubra, which contains many details.And on this subject, there is a report from Abu Saeed, who said, "The Messenger of Allah ﷺ was asked, while he was between the two pillars, about a man who shaved before throwing the pebbles." He said, "There is no harm." And about a man who slaughtered before throwing, he said, "There is no harm." Then he said, "Servants of Allah, Allah has removed hardship and constraint. Learn your rites, for they are part of your religion."Tahawi narrated it in Sharh Maani (2/237), through Hajjaj, from Ubada bin Nusai, who said, "Abu Zubayd narrated to me," who said, "I heard Abu Saeed Khudri say" (and he mentioned it). I was not able to determine who Hajjaj is.