RE: FIRST TEN DAYS OF DHUL-HIJJAH - BY ABU NAASIR

Sunday 26-Jul-2020, 8:51AM / 188


WRITTEN 
5TH DHUL HIJJAH, 1440 (26TH JULY, 2020)

An article recently went round rejecting the prohibition of the Prophet (sallallahu alayhi wasallam) to those who intend to slaughter the Udhiyyah not to cut their hairs and fingernails once Dhul-Hijjah starts. The author cited a narration from A'aisha - radiya Allahu anha.

It is hoped that these few points will clear the issues raised in the piece and affirm that: the prohibition is established, that no one who intends to slaughter the Udhiyyah should take from his hair or fingernails. 

1. The hadeeth of A'aisha the author cited [Sahih al-Bukhaari (1696, 1699), Muslim (3195)] was also lone just like the hadeeth of Umm Salamah [Sahih Muslim (5109) to (5115), Abu Dawud (2791)]. So, that Umm Salamah's narration was reported by her alone is not proof for rejection. Even the hadeeth of 'Umar that actions are judged according to intention was not authentically reported from any other than Umar - may Allah be pleased with them all -, still its message is a half of our religion. 

2. The hadeeth of A'aisha  was NOT refuting Umm Salamah as the piece stated; as if to say A'aisha heard what Umm Salamah reported and sought to counter it. Not at all!

A'aisha’s hadeeth was rather addressing the case where an individual who would be at home sends Had-y with those going for Hajj to be slaughtered on his behalf at Haram during Hajj. Some of the companions like Ibn Abbass and Ibn Umar held that the individual consequently enters into IHRAM (consecration) just like those making Hajj. A'aisha sought to explain that the Messenger - sallallahu alayhi wasallam - did send Had-y too to those going for Hajj and he did NOT enter into IHRAM as a result. 

In a version of the hadith of A’aisha [Sahih al-Bukhaari (1700)] Ziyaad bin Abee Sufyaan wrote to A’aisha narrating that Ibn Abbass had said: “Whosoever sends an animal for sacrifice (at Haram), all that is prohibited for the pilgrim in consecration becomes prohibited for him until his animal is slaughtered.”

Then A’aisha responded: “It is not as Ibn Abbass has said. I had tied the reins of the Had-y of the Messenger (sallallahu alayhi wasallam) with my own hands, after which the Messenger (sallallahu alayhi wasallam) tied it again with his hands and then sent it through my father (to Haram).  Nothing from what Allah had made lawful for the Messenger (sallallahu alayhi wasallam) became prohibited for him until his animal was slaughtered.”

Hence, A'aisha was NOT addressing those who intend to slaughter the Udhiyyah at home who did not send the animal to the Haram and are neither assuming the state of IHRAM while at home. 

That's a separate issue!

As for the statement of the author of the piece, referring to A'aisha that, "She added that the hadith was in respect of pilgrims and not non-pilgrims" has come from the author NOT from the hadeeth. 

A'aisha was NOT saying anything about the hadeeth of Umm Salamah that prohibits cutting the nails and shaving for those who intend to slaughter Udhiyyah and are at home not assuming IHRAM.

3. Even regarding his own conclusions from the hadeeth of A'aisha, it is noteworthy that Aaisha's actual statement was a description of what she saw, so she said, "...and nothing was prohibited for him from the lawful things till his Had-y was slaughtered." On the other hand, the narration of Umm Salamah was direct and clear-cut prohibition from the statements of the Prophet (sallallahu alayhi wasallam) that, "When you sight the new moon of Dhul-Hijjah and any of you intends to slaughter, he should not take from his hairs or fingers." 

In other expressions, it says, "he should not take anything from his hair or fingernails." 

4. Consequently, the clear-cut statement of the Messenger (sallallahu alayhi wasallam) is given preponderance. This is a wellknown legal maxim among the scholars of hadeeth and jurisprudence. And this is even IF it is accepted for the purposes of argument that A'aisha was addressing the hadeeth of Umm Salamah. 

5. One of those who reported the hadeeth of Umm Salamah was Sa'id bin al-Musayyib, a learned Tabi' and one of the finest scholars of Madeenah. He used to prohibit those who intend to slaughter for Udhiyyah from cutting their hairs and fingernails from the beginning of Dhul-Hijjah. It was also the opinion of Rabee'ah ar-Ra'y, the famous scholar of Madeenah and teacher of al-Imam Malik and other great jurists like Ahmad, Ishaq, Dawud adh-Dhahiriy and many others.

6. As for the statement that, "Hadith of Umm Salamah is in respect of pilgrims in the state of Ihram", NOTHING in the hadeeth of Umm Salamah states or suggests this conclusion. The hadeeth was rather direct and clearcut in prohibiting these 2 things for those who reach Dhul-Hijjah and intend to make Udhiyyah.

Hence, the conclusions in the said piece are largely inaccurate and clear contradiction of the instruction from the Prophet - sallallahu alayhi wasallam - that those who intend to slaughter for Udhiyyah should not cut nails or shave any hairs.

Allahu A'alam.