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I love muhammed » says of muhammed » Episode 24: Appointing a proxy for Hajj

Episode 24: Appointing a proxy for Hajj

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1 Episode 24: Appointing a proxy for Hajj on Sun Aug 16, 2015 5:42 pm

muhammad ali


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It was narrated on the authority of ‘Aa’ishah (the wife of the Prophet), may Allaah be pleased with her, that Hamzah ibn ‘Amr Al-Aslami, may Allaah be pleased with him, asked the Prophet, peace and blessing be upon him, saying: “Should I fast while traveling?” The Prophet, peace and blessing be upon him, replied, “You may fast if you wish, and you may not fast if you wish.” (1).
It was also narrated that Anas ibn Maalik, may Allaah be pleased with him, said: “We used to travel with the Messenger of Allaah, peace and blessing be upon him, and neither did the fasting persons criticize those who were not fasting, nor did those who were not fasting criticize the fasting ones.” (2).
It was narrated that Abu’l-Dardaa’, may Allaah be pleased with him, said: “We went out with the Messenger of Allaah, peace and blessing be upon him, [on a journey] during the month of Ramadhaan when it was intensely hot, until one of us would put his hand on his head because of the intense heat, and no one among us was fasting apart from the Messenger of Allaah, peace and blessing be upon him, and ‘Abdullaah ibn Rawaahah.”  (3).
Moreover, it was narrated that Jaabir ibn ‘Abdullaah, may Allaah be pleased with him, said: “The Messenger of Allaah, peace and blessing be upon him, was on a journey and saw a crowd of people, and a man was being shaded (by them). He, peace and blessing be upon him, asked, “What is the matter?” They said, “He (the man) is fasting.” The Prophet, peace and blessing be upon him, said, "It is not righteousness that you fast on a journey.” (4).
In another narration reported by Imam Muslim, the Prophet, peace and blessing be upon him, said: “Take advantage of the concession of Allaah Who Wanted it to you.”  (5).
Such several Hadeeths tackle only one topic which is the ruling of observing fast on a journey.
Firstly, the Hadeeth of ‘Aa’ishah, may Allaah be pleased with her, regarding the question of Hamzah ibn ‘Amr Al-Aslami, may Allaah be pleased with him, for the Messenger of Allaah, peace and blessing be upon him, indicates that the traveler has the choice to observe fast or not while traveling. Also, the Hadeeth of Anas, may Allaah be pleased with him, referred to the condition of the companions of the Messenger of Allaah, peace and blessing be upon him, in one of their journeys with the Messenger of Allaah, peace and blessing be upon him, while some of them are fasting and some other are not fasting and they did not criticize each other.
Furthermore, the Hadeeth of Abu Ad-Dardaa’, may Allaah be pleased with him, indicated that they went out with the Messenger of Allaah, peace and blessing be upon him, on another journey and no one among them was fasting apart from the Messenger of Allaah, peace and blessing be upon him, and ‘Abdullaah ibn Rawaahah, may Allaah be pleased with him.
As for the Hadeeth narrated by Jaabir, may Allaah be pleased with him, the Messenger of Allaah, pointed out that it is not righteousness that one observes fast on a journey that causes hardship to him and other others served him. The Prophet, peace and blessing be upon him, instructed us to adopt concessions in such cases.
Secondly, scholars, due to such Hadeeths, held different opinions regarding the ruling of observing fast on a journey. Some of our Salaf (i.e. righteous predecessors), may Allaah have mercy upon them, amongst them are Abu Hurairah, ‘Abudr-Rahmaan ibn ‘Awaf, and Ibn ‘Umar, may Allaah be pleased with them, it is also the opinion of Zaahri (i.e. the literalists) scholars view that observing fast on journey is not permissible, supporting their opinion with the saying of Allaah The Almighty: {…So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey - then an equal number of other days…} [Quran 2: 185]
The verse indicates that Allaah The Almighty did not prescribe fasting except upon those who sights the new moon of the month of Ramadhaan while the sick and the traveler have to fast in some other days.
They also substantiated their opinion with the Hadeeth of Jaabir, may Allaah be pleased with him, in which the Messenger of Allaah, peace and blessing be upon him, said: "It is not righteousness that you fast on a journey.”
Moreover, they deduced another evidence from the Hadeeth reported by Imam Muslim from Jaabir, may Allaah be pleased with him, that the Prophet, peace and blessing be upon him, went out to Makkah in Ramadhaan in the year of Fat-h (i.e. conquering Makkah), and he, peace and blessing be upon him, and the people fasted till he came to Kuraa‘ Al-Ghameem and the people also fasted. He, peace and blessing be upon him, then called for a cup of water which he raised till the people saw it, and then he drank. He was told afterwards that some people had continued to fast, and he said: “These people are the disobedient ones; these are the disobedient ones.” (6).
However, the majority of Muslim scholars view that observing fasting on journey is something permissible and supported their opinion with the Hadeeths stated above such as the statement of the Prophet, peace and blessing be upon him, “You may fast if you wish, and you may not fast if you wish”, and the Hadeeth narrated by Anas, may Allaah be pleased with him: “We used to travel with the Prophet, peace and blessing be upon him, and neither did the fasting persons criticize those who were not fasting, nor did those who were not fasting criticize the fasting ones” and many other Hadeehs that indicate that one has the choice to fast or not. As for the verse that the first group supported their opinion with, most scholars interpreted it to mean: “…and whoever is ill or on a journey and breaks his fast- then an equal number of other days...”
As for the Hadeeths in which the Prophet, peace and blessing be upon him, described those who are fasting with disobedience, they refer to a specific case in which people find it hard to fast. The same thing applies to the saying of the Prophet, peace and blessing be upon him, "It is not righteousness that you fast on a journey.”
Accordingly, it becomes clear that the opinion of the majority of Muslim scholars is in agreement with most texts. Allaah Knows best.
Thirdly, majority of Muslim scholars held different opinion regarding what is better observing fast or breaking fast for the traveler? Three prominent Imams Abu Haneefah, Maalik and Ash-Shaafi‘i, may Allaah have mercy upon him, view that observing fast while traveling is better unless this will cause hardship to him.
Imam Ahmad, may Allaah have mercy upon him, was of the opinion that not fasting on a journey during Ramadhaan is better, even if there is no hardship will be caused, substantiating  his opinion with the Hadeeth: "It is not righteousness that you fast on a journey” and the Hadeeth: “Allaah likes that His concession is accepted and implemented, just as He dislikes that disobedience to Him is committed.”
Majority of the scholars supported their opinion through reconciling among Hadeeths and thus made the matter depends on difficulty and substantiated this opinion with the Hadeeth Abu Daawood and others reported in which the Prophet, peace and blessing be upon him, said: “If anyone has a riding beast which carries him to where he can get sufficient food, he should keep the fast of Ramadhaan wherever he is when it comes.” (7).
Most of our contemporary scholars, may Allaah render them successful, adopted the opinion of the majority of the Muslim scholars.

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1) Reported by Imam Al-Bukhaari 4/179 no. (1943), in the Book of As-Sawm (Fasting), the chapter: To observe fasting or not during journeys and Imam Muslim 2/789, in the Book of Fasting, the chapter: The choice between fasting and not fasting when travelling.
2) Reported by Imam Al-Bukhaari 4/186 no. (1947), in the Book of As-Sawm (Fasting), the chapter: Not to criticize each other for observing Fasting or not (on journeys) and Imam Muslim 2/787, no. (1118) in the Book of Fasting, the chapter: It is permissible to fast or not to fast during Ramadhaan for one who is travelling for no sinful purpose, if his journey is two stages or further.
3) Reported by Imam Muslim 2/790 no. (112), in the Book of Fasting, the chapter: The choice between fasting and not fasting when travelling.
4) Reported by Imam Al-Bukhaari 4/183 no. (1946), in the Book of As-Sawm (Fasting), the chapter: The saying of the Prophet, peace and blessing be upon him, to the one who was shaded due to the intense heat “It is not righteousness to observe Fasting on a journey”, Abu Daawood 1/732, no. (2407), in the Book of Fasting, the chapter of the preference to break the fast (while on a journey) and Imam Muslim 2/786, no. (1115) in the Book of Fasting, the chapter: It is permissible to fast or not to fast during Ramadhaan for one who is travelling for no sinful purpose, if his journey is two stages or further.
5) Soorat Al-Baqarah, Ayah (i.e. verse): (185).
6) Reported by Imam Muslim 2/785, no. (1114) in the Book of Fasting, the chapter: It is permissible to fast or not to fast during Ramadhaan for one who is travelling for no sinful purpose, if his journey is two stages or further and At-Tirmithi 3/89 no. (710), in the Book of Fasting, the chapter of what has been reported regarding the disliking of observing fasting while traveling.
7) Reported by Abu Daawood 1/733, no. (2410), in the Book of Fasting, the chapter of whoever preferred to fast (while on a journey) and Imam Ahmad 3/476.

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