Sa`y between Safa and Marwah after Tawaf-ul-Ifadah for a Mutamatti`

Fatwa no. 16135 Q. I would like to ask about Sa`y (going between Safa and Marwah during Hajj and `Umrah) after Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj) for a Mutamatti` (pilgrim performing `Umrah during the months of Hajj, followed by Hajj in the same year with a break in between) taking into consideration that one of the Islamic societies in Indonesia give priority to the Hadiths of Jabir ibn `Abdullah and reject the two Hadiths attributed to `Aishah and Ibn `Abbas (may Allah be pleased with them both) concerning Tamattu` Hajj (`Umrah during the months of Hajj followed by Hajj in the same year with a break in between) and do not concur with the explanations of great Muhaddithun (Hadith scholars). The followers of this group do not perform Sa'y between Al-Safa and Al-Marawah after returning from Mina though they are Mutamatti'un. (Part No. 10; Page No. 259) The exponents of this society presented the following argument:1- Jabir (may Allah be pleased with him) said: We went out with Allah's Messenger (may peace and blessings of Allah be upon him) while being in 'a state of Ihram for the Hajj. There were women and children with us. When we reached Makkah we circumambulated the Ka'bah and made Sa'y between Safa and Al-Marawah The Messenger of Allah (may peace and blessings of Allah be upon him) said: He who has no sacrificial animal with him should put off Ihram We said: What kind of putting off? He said: Getting out of Ihram completely. So we went into our wives, and put on our normal clothes and wore perfume. When it was the Day of Tarwiyah (8th of Dhul-Hijjah), we re-entered into the state of Ihram for Hajj, and we did not have to make Sa'y again as the first Sa'y between Al-Safa and Al-Marawah sufficed us, as recorded by Imam Muslim, though they abandon the Sharh of Imam Muslim on this issue by Al-Nawawy, 2- They ruled out the Hadith narrated on the authority of Ibn ‘Abbas on the question of Tamattu` Hajj, on account of the oddity of the phrase: "we went into our wives", claiming that he had not reached adulthood at that time.3- The incongruity between the second Hadith and the Fatwa of Ibn ‘Abbas himself which was recorded by Imam Ahmad as follows: we were informed by Al-Walid ibn Muslim that he said, we were informed by Al-Awza`y on the authority of `Ata' on the authority of Ibn ‘Abbas that he used to say: It is sufficient for the Qarin (pilgrim combining Hajj and `Umrah without a break in between), Mutamatti` and Mufrad (pilgrim performing Hajj only) to circumambulate Al-Bayt (the House: another name for the Ka`bah) and perform Sa'y between Al-Safa and Al-Marawah ) only once.4- The adherence to the opinion of Ibn Taymiyyah in his view of including Al-Zuhry in the Hadith of `Aishah which was recorded by Imam Al-Bukhari and others.5- Relating the following Glorious Ayah (Qur'anic verse): ...Whoever performs Hajj or 'Umrah (pilgrimage) of the House (the Ka'bah at Makkah) Surah Al-Baqarah, Verse 158, to the end of Allah's (Exalted be He) saying: (Part No. 10; Page No. 260)  Then if you are in safety and whosoever performs the 'Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu' and Al-Qiran), must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Saum (fasts) three days during the Hajj and seven days after his return (to his home) Surah of Al-Baqarah, Verse 191.Furthermore, I read in [Al-Muhalla] by Ibn Hazm (7/174) the following: (From `Abdul-Razzaq we were informed by `Ubaydullah Ibn `Umar on the authority of Nafi` that Ibn ‘Umar used to say: The Qarin and Mutamatti` must perform two sets of Sa'y, but I did not find this narration in the book of Al-Musannaf by `Abdul-Razzaq Al-San`any. So, I hope Your Eminence will clarify this on-going problem in some detail as a means of correctly explicating the teachings of the Purified Sunnah (whatever is reported from the Prophet Muhammad) and the Manhaj (methodology) of our Salaf (righteous predecessors). May Allah grant us success for helping the good cause of Islam.

A. Mutamatti` must perform two Sa'ys; one for `Umrah (lesser pilgrimage) and the other for Hajj. One Sa'y only does not fulfill the obligation according to the soundest of the two opinions held by scholars which conforms to the opinion of Jumhur (dominant majority of scholars). This is according to the Hadith of `Aishah (may Allah be pleased with her) in which she said: "We went out with Allah's Messenger (may peace and blessings of Allah be upon him),..." until she reached the section of the Hadith in which she quoted the Prophet as saying: Anyone who has a Hady (sacrificial animal offered by pilgrims) with him should assume Ihram (ceremonial state) for Hajj along with `Umrah and let him not put off the Ihram till he finishes both. Then Aisha added: (Part No. 10; Page No. 261)  Those who were in a state of Ihram for 'Umrah circumambulated Al-Ka'bah and made Sa'y between Al-Safa and Al-Marawah before they put off their final removal of the ceremonial state of Hajj and 'Umrah. Then they circumambulated Al-Ka'bah another time after they returned from Mina but this time s a ritual for their Hajj, that is, making Sa'y between Al-Safa and Al-Marawah. The correct opinion maintained by scholars emphasized the second Tawaf, since Tawaf around Al-Ka'bah is one of the pillars of Hajj. It was authentically reported from Ibn ‘Abbas (may Allah be pleased with him and his father) that he was asked about the Hajj of Tamattu'. He replied: People from Al-Muhajirun and Al-Ansar and the wives of the Prophet Muhammad (peace and blessings of Allah be upon him) set out for Makkah in the Farewell Hajj (Hajj-al-Wada`) of Allah's Prophet Muhammad (peace and blessings of Allah be upon him) and we all entered into the state of Ihram. When we arrived at Makkah the Messenger of Allah (peace and blessings of Allah be upon him) said: Let all who have set out for Hajj make their intention to performing 'Umrah only, except those who have brought Hady with them. We circumambulated Al-Ka'bah and made Sa`y between Safa and Al-Marawah. We also went into our wives and put off Ihram clothes and wore ordinary ones.Ibn Abbas quoted the Messenger of Allah (peace and blessings of Allah be upon him) as saying: "Whoever brought Hady is not allowed to cease their state of Ihram till they have slaughtered their Hady." He then commanded us on the evening of the Day of Tarwiya (8th of Dhu'l-Hijja) to enter into the state of Ihram for performing Hajj. Once we have finished performing the prescribed duties of Hajj, we are to circumambulate Al-Ka'bah and make Sa'y between Safa and Al-Marawah." This Hadith is very clear regarding the obligation of the Mutamatti' to perform two sets of Sa'y.May Allah grant us success. May Peace and Blessings of Allah be upon our Prophet Muhammad, his family and his Companions!