A man who wants to perform the Hajj (from Mecca) can perform the Tawaf around the Ka`ba as long as he is not in the state of Ihram till he assumes the Ihram for Hajj. Then, if he rides and proceeds to `Arafat, he should take a Hadi (i.e. animal for sacrifice), either a camel or a cow or a sheep, whatever he can afford; but if he cannot afford it, he should fast for three days during the Hajj before the day of `Arafat, but if the third day of his fasting happens to be the day of `Arafat (i.e. 9th of Dhul-Hijja) then it is no sin for him (to fast on it). Then he should proceed to `Arafat and stay there from the time of the `Asr prayer till darkness falls. Then the pilgrims should proceed from `Arafat, and when they have departed from it, they reach Jam' (i.e. Al-Muzdalifa) where they ask Allah to help them to be righteous and dutiful to Him, and there they remember Allah greatly or say Takbir (i.e. Allah is Greater) and Tahlil (i.e. None has the right to be worshipped but Allah) repeatedly before dawn breaks. Then, after offering the morning (Fajr) prayer you should pass on (to Mina) for the people used to do so and Allah said:-- "Then depart from the place whence all the people depart. And ask for Allah's Forgiveness. Truly! Allah is Oft-Forgiving, Most Merciful." (2.199) Then you should go on doing so till you throw pebbles over the Jamra.

The Prophet fasted for days continuously; the people also did the same but it was difficult for them. So, the Prophet forbade them (to fast continuously for more than one day). They slid, "But you fast without break (no food was taken in the evening or in the morning)." The Prophet replied, "I am not like you, for I am provided with food and drink (by Allah).

"During the year of the conquest, when the Prophet (saws) reached Marr Zahran, he told us that we would meet the enemy. So he ordered us to break the fast, and we [all] broke our fast."

[Abu 'Eisa said:] This Hadith is Hasan Sahih, and there is something on this topic from Ibn 'Umar.

The Prophet (saws) said: If anyone breaks his fast one day in Ramadan without a concession granted to him by Allah, a perpetual fast will not atone for it.

Allah's Apostle said, "Whoever died and he ought to have fasted (the missed days of Ramadan) then his guardians must fast on his behalf."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Yahya related to me from Malik from Ibn Shihab that Abu Ubayd, the mawla of Ibn Azhar said, "I was present at an id with Umar ibn al- Khattab. He prayed, and then after he had prayed he gave a khutba to the people and said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on these two days - the day you break your fast (after Ramadan), and the day you eat from your sacrifice (after Hajj) .' "

Abu Ubaydcontinued,"Then I was present at an id with Uthman ibn Affan. He came and prayed, and when he had finished he gave a khutba and said, 'Two ids have been joined together for you on this day of yours. If any of the people of al-Aliyya (the hills outlying Madina) want to wait for the jumua they can do so, and if any of them want to return, I have given them permission.' Abu Ubayd continued, "Then I was present at an id with AIi ibn Abi Talib (at the time when Uthman was being detained). He came and prayed, and then after he had prayed he gave a khutba."

While we were sitting with the Prophet a man came and said, "O Allah's Apostle! I have been ruined." Allah's Apostle asked what was the matter with him. He replied "I had sexual intercourse with my wife while I was fasting." Allah's Apostle asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Apostle asked him, "Can you fast for two successive months?" He replied in the negative. The Prophet asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet . He asked, "Where is the questioner?" He replied, "I (am here)." The Prophet said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet smiled till his premolar teeth became visible and then said, 'Feed your family with it."

We kept fast for twenty-nine days along with the Prophet (saws) more often than we kept fast for thirty days.

The people looked for the moon, so I informed the Messenger of Allah (saws) that I had sighted it. He fasted and commanded the people to fast.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Explaining the verse; "For those who can do it (with hard-ship) is a ransom, the feeding of one, that is indigent," he said: This was a concession granted to the aged man and woman who were able to keep fast; they were allowed to leave the fast and instead feed an indigent person for each fast; (and a concession) to pregnant and suckling woman when they apprehended harm (to themselves).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "Only some one who makes the intention to fast before dawn (actually) fasts."

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

A woman made a voyage and vowed that she would fast one month if Allah made her reach her destination with peace and security. Allah made her reach her destination with security but she died before she could fast. Her daughter or sister (the narrator doubted) came to the Messenger of Allah (saws). So he commanded to fast on her behalf.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, once mentioned Ramadan and said, "Do not begin the fast until you see the new moon, and do not break the fast (at the end of Ramadan) until you see it. If the new moon is obscured from you, then work out (when it should be)."

Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).

Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."

Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."

Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."

Asma bint Abi Bakr said, "We broke our fast during the lifetime of the Prophet on a cloudy day and then the sun appeared." Hisham was asked, "Were they ordered to fast in lieu of that day?" He replied, "It had to be made up for." Ma`mar said, "I heard Hisham saying, "I don't know whether they fasted in lieu of that day or not."

The father or Uncle of Mujibah al-Bahiliyyah visited the Messenger of Allah (saws). He then went away and came to him (again) after one year when his condition and appearance had changed.

He said: Messenger of Allah, do you not recognize me? He asked: Who are you? He replied: I am al-Bahili who came to you last year. He said: What has changed you? You were looking well, then you were good in appearance? He said: I have only food at night since I departed from you.

Thereupon the Messenger of Allah (saws) said: Why did you torment yourself? Fast during Ramadan (the month of patience) and fast for one day every month. He said: Increase it for me, for I have (more) strength. He said: Fast two days. He again said: Increase it for me. He said: Fast three days. He again said: Increase it for me. He said: Fast during the inviolable months and then stop; fast during the inviolable months and then stop; fast during the inviolable months and then stop. He indicated by his three fingers, and joined them and then opened them.

Yahya related to me from Malik from Ata ibn Abdullah al-Khurasani that Said ibn al-Musayyab said, "A bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, beating his breast and tearing out his hair and saying, 'I am destroyed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why is that?', and he said, 'I had intercourse with my wife while fasting in Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, asked him, 'Are you able to free a slave?', and the man said, 'No.' Then he asked him, 'Are you able to give away a camel?', and the man replied, 'No.' He said, 'Sit own,' and someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said to the man, 'Take this and give it away as sadaqa.' The man said, 'There is no one more needy than me,' and (the Messenger of Allah, may Allah bless him and grant him peace), said, 'Eat them, and fast one day for the day when you had intercourse.' "

Malik said that Ata said that he had asked Said ibn al-Musayyab how many dates there were in that basket, and he said, "Between fifteen and twenty sas.''

Yahya related to me from Malik that he had heard one of the people of knowledge say, "A man and wife should not share in one sacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with an animal for him to sacrifice on hajj, who went into ihram for umra, should sacrifice it when he came out of ihram or postpone it so that he sacrificed it at the time of the hajj while in the meantime he came out of ihram from his umra. He said, "He should postpone it so that he may sacrifice it at the time of the hajj, and meanwhile come out of ihram from his umra."

Malik said, "If it is judged that some- one must offer an animal for having killed game, or for any other reason, this animal can only be sacrificed at Makka, since Allah, the Blessed and Exalted, says, 'a sacrificial animal which will reach the Kaba.' The fasting or sadaqa that is considered equivalent to offering a sacrifice can be done outside Makka, and the person who is doing it can do it wherever he likes."

that he had heard Hudhaifa saying, "Once I was sitting with `Umar and he said, 'Who amongst you remembers the statement of Allah's Apostle about the afflictions?' I said, 'I know it as the Prophet had said it.' `Umar said, 'No doubt you are bold.' I said, 'The afflictions caused for a man by his wife, money, children and neighbor are expiated by his prayers, fasting, charity and by enjoining (what is good) and forbidding (what is evil).' `Umar said, 'I did not mean that but I asked about that affliction which will spread like the waves of the sea.' I (Hudhaifa) said, 'O leader of the faithful believers! You need not be afraid of it as there is a closed door between you and it.' `Umar asked, Will the door be broken or opened?' I replied, 'It will be broken.' `Umar said, 'Then it will never be closed again.' I was asked whether `Umar knew that door. I replied that he knew it as one knows that there will be night before the tomorrow morning. I narrated a Hadith that was free from any misstatement" The subnarrator added that they deputized Masruq to ask Hudhaifa (about the door). Hudhaifa said, "The door was `Umar himself."

We set out with Allah's Apostle shortly before the appearance of the new moon of Dhi-l-Hijja and he said, "Whoever wants to assume Ihram for `Umra may do so, and whoever wants to assume Ihram for Hajj may do so. Had not I brought the Hadi with me, I would have assumed Ihram for `Umra." Some of the people assumed Ihram for `Umra while others for Hajj. I was amongst those who had assumed Ihram for `Umra. I got my menses before entering Mecca, and was menstruating till the day of `Arafat. I complained to Allah's Apostle about it, he said, "Abandon your `Umra, undo and comb your hair, and assume Ihram for Hajj." So, I did that accordingly. When it was the night of Hasba (day of departure from Mina), the Prophet sent `Abdur Rahman with me to at-Tan`im. The sub-narrator adds: He (`Abdur-Rahman) let her ride behind him. And she assumed Ihram for `Umra in lieu of the abandoned one. Aisha completed her Hajj and `Umra, and no Hadi, Sadaqa (charity), or fasting was obligatory for her.

The Messenger of Allah (saws) used to command us to fast the days of the white (nights): thirteenth, fourteenth and fifteenth of the month. He said: This is like keeping perpetual fast.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to send the zakat al-fitr to the one with whom it was collected together two or three days before the day of breaking the fast.

This hadith is narrated on the authority of Hisham with the same chain of transmitters, but he made no mention in the first part of the hadith that the Messenger of Allah (may peace be upon him) used to observe fast, and said about the second part that he abandoned the (fast) of Ashura, and he who wished observed the fast and who wished otherwise abandoned it, and he did not hold it as the words of the Apostle of Allah (may peace be upon him) as mentioned in the narration transmitted by Jarir.