Post by AbuHumayd on Sept 2, 2015 15:30:05 GMT
Introduction
There was a video that went viral on social media a few days ago of a man doing ṭawāf (circumambulation) of the Ka’bah on a 'segway board'. Soon after, on social media there was an uproar in regards to its permissibility whilst many were attacking the Ḥanafī view. However, it is worth noting that it has now been officially banned for use in the Ḥaram by the Sa‘ūdī officials.
The following short religious edict is from a recently deceased Shaykh, ‘Abdullāh Ibn ‘Abd 'l-‘Azīz al-‘Aqīl [d. 2011] (known as the Shaykh of the Hanbalīs of this era amongst his peers in Sa‘ūdī and a figure well respected by the Salafīs) in regards to the usage of a mount (vehicle) during ṭawāf. He proves conclusively, through textual evidence, the position of his School. It also proves that the Ḥanafīs are not alone in the issue and that the verdict is in-line with the proofs mentioned in the Sunnah and in agreement with the jumhūr (majority), such as the Ḥanbalīs (as will be shown) and Mālikīs - though they have made a distinction that it is obligatory to walk - if you are able to - in the farḍh type of ṭawāf and not in the nafl type - (al-Ḥāshiyah ‘ala Sharh 'l-Kabīr, al-Dasūqī [2/41]), whilst the Shāfi’īs permit it, although they still say it is better to walk (al-Ḥāwī 'l-Kabīr, al-Mawardī [4/152]).
Translation of the Question and Fatwā
Question: Those who lead the ritual Hajj and ‘Umrah and do Sa‘ī on vehicles, [whilst] some of them are relatively strong having the ability to walk, are they permitted to do sa‘ī in such situation [i.e mounted]?
Answer: If they were mounted due to an excuse, then there is no problem.
He [the author of] (al-Sharḥ 'l-Kabīr) said [1]: The ṭawāf of the person who is on mount is correct if he has an excuse without any disagreement, according to what we learnt, because Ibn ‘Ābbās narrated from the Prophet ﷺ that he performed ṭawāf on a camel during the farewell pilgrimage, touching the corner with a staff (narrated by Bukhārī and Muslim)[2]. It is also narrated from Umm Salamah that she said: I complained to the Prophet ﷺ that I was afflicted with illness. So he replied: do ṭawāf on mount behind the people. (Reported in the Ṣaḥīḥayn)[3].
If there was no excuse, then it is established that the one who does ṭawāf or sa‘ī mounted, or is carried without an excuse, [then this] is definitely not permitted. This is the well known opinion in the [Ḥanbalī] School - which is walking - as mentioned in (al-Iqnā‘) and (al-Muntahā) and others besides them from the contemporary Hanbalīs. For this reason it is against the conditions of sa‘ī, [which is] walking for the able bodied.
He [the author of] (al-Ghāyah and in it's commentary) said: Similarly, whoever does ṭawāf mounted, or is carried, [then this] is not permitted, except if there was an excuse for his riding a mount or being carried, due to the ḥadīth: 'T̩awāf of the House of Allāh is like Ṣalāh' [4], because it [the ṭawāf] is a [form of] worship that is connected to the House of Allāh. It is not permitted to do it mounted or be carried without an excuse, just like Ṣalāh (prayer). For verily the Prophet ﷺ did ṭawāf mounted with an excuse. Ibn Ābbās narrated that the Prophet ﷺ had come to Makkah, there was such a large gathering of people around him that even the virgins had come out of their houses (to catch a glimpse of his face). and they were saying: He is Muḥammad; He is Muḥammad. Rasūlullāh (ﷺ) (was so gentle and kind) that the people were not beaten back (to make way) in front of him' (narrated by Muslim)[5]. The ruling in regards to his sa‘ī mounted is like that of his ṭawāf mounted - as proven - is not permissible except with a [legitimate] excuse. End.
And Allāh is the all knower.
[1] al-Sharḥ 'l-Kabīr, Dar 'l-Fikr ed. (3/403-404)
[2] Sahih al-Bukhārī (1607, 1612, 1613, 1632, 5193), and Sahih Muslim (1272, 1273)
[3] Sahih al-Bukhārī (1619) and Sahih Muslim (1276)
[4] Jami' al-Tirmidhī (960), Sunan al-Nasā'ī (5/222), Musnad Aḥmad (3/414), (4/64), (5/377), Sunan al-Dārimī (2/44), al-Ḥākim (1/459), (2/266, 267), al-Bayhaqī (5/85, 87), Ibn Ḥibbān (3836), al-Ḥilyah (8/128), al-T̩abarānī in al-Kabīr (11/34, 40), Ibn 'l-Jārūd (461) and Ibn ‘Adī (5/2001).
[5] Sahih Muslim (1264)
Link to the original fatwā
There was a video that went viral on social media a few days ago of a man doing ṭawāf (circumambulation) of the Ka’bah on a 'segway board'. Soon after, on social media there was an uproar in regards to its permissibility whilst many were attacking the Ḥanafī view. However, it is worth noting that it has now been officially banned for use in the Ḥaram by the Sa‘ūdī officials.
Translator's preface
The following short religious edict is from a recently deceased Shaykh, ‘Abdullāh Ibn ‘Abd 'l-‘Azīz al-‘Aqīl [d. 2011] (known as the Shaykh of the Hanbalīs of this era amongst his peers in Sa‘ūdī and a figure well respected by the Salafīs) in regards to the usage of a mount (vehicle) during ṭawāf. He proves conclusively, through textual evidence, the position of his School. It also proves that the Ḥanafīs are not alone in the issue and that the verdict is in-line with the proofs mentioned in the Sunnah and in agreement with the jumhūr (majority), such as the Ḥanbalīs (as will be shown) and Mālikīs - though they have made a distinction that it is obligatory to walk - if you are able to - in the farḍh type of ṭawāf and not in the nafl type - (al-Ḥāshiyah ‘ala Sharh 'l-Kabīr, al-Dasūqī [2/41]), whilst the Shāfi’īs permit it, although they still say it is better to walk (al-Ḥāwī 'l-Kabīr, al-Mawardī [4/152]).
Translation of the Question and Fatwā
هل يصح الطواف والسعي راكبا؟
Is the T̩awāf and Sa‘ī on a Mount correct?
Answered by the (late) Shaykh, ‘Abdullāh Ibn ‘Abd 'l-‘Azīz al-‘Aqīl al-Ḥanbalī.
Question: Those who lead the ritual Hajj and ‘Umrah and do Sa‘ī on vehicles, [whilst] some of them are relatively strong having the ability to walk, are they permitted to do sa‘ī in such situation [i.e mounted]?
Answer: If they were mounted due to an excuse, then there is no problem.
He [the author of] (al-Sharḥ 'l-Kabīr) said [1]: The ṭawāf of the person who is on mount is correct if he has an excuse without any disagreement, according to what we learnt, because Ibn ‘Ābbās narrated from the Prophet ﷺ that he performed ṭawāf on a camel during the farewell pilgrimage, touching the corner with a staff (narrated by Bukhārī and Muslim)[2]. It is also narrated from Umm Salamah that she said: I complained to the Prophet ﷺ that I was afflicted with illness. So he replied: do ṭawāf on mount behind the people. (Reported in the Ṣaḥīḥayn)[3].
If there was no excuse, then it is established that the one who does ṭawāf or sa‘ī mounted, or is carried without an excuse, [then this] is definitely not permitted. This is the well known opinion in the [Ḥanbalī] School - which is walking - as mentioned in (al-Iqnā‘) and (al-Muntahā) and others besides them from the contemporary Hanbalīs. For this reason it is against the conditions of sa‘ī, [which is] walking for the able bodied.
He [the author of] (al-Ghāyah and in it's commentary) said: Similarly, whoever does ṭawāf mounted, or is carried, [then this] is not permitted, except if there was an excuse for his riding a mount or being carried, due to the ḥadīth: 'T̩awāf of the House of Allāh is like Ṣalāh' [4], because it [the ṭawāf] is a [form of] worship that is connected to the House of Allāh. It is not permitted to do it mounted or be carried without an excuse, just like Ṣalāh (prayer). For verily the Prophet ﷺ did ṭawāf mounted with an excuse. Ibn Ābbās narrated that the Prophet ﷺ had come to Makkah, there was such a large gathering of people around him that even the virgins had come out of their houses (to catch a glimpse of his face). and they were saying: He is Muḥammad; He is Muḥammad. Rasūlullāh (ﷺ) (was so gentle and kind) that the people were not beaten back (to make way) in front of him' (narrated by Muslim)[5]. The ruling in regards to his sa‘ī mounted is like that of his ṭawāf mounted - as proven - is not permissible except with a [legitimate] excuse. End.
And Allāh is the all knower.
[1] al-Sharḥ 'l-Kabīr, Dar 'l-Fikr ed. (3/403-404)
[2] Sahih al-Bukhārī (1607, 1612, 1613, 1632, 5193), and Sahih Muslim (1272, 1273)
[3] Sahih al-Bukhārī (1619) and Sahih Muslim (1276)
[4] Jami' al-Tirmidhī (960), Sunan al-Nasā'ī (5/222), Musnad Aḥmad (3/414), (4/64), (5/377), Sunan al-Dārimī (2/44), al-Ḥākim (1/459), (2/266, 267), al-Bayhaqī (5/85, 87), Ibn Ḥibbān (3836), al-Ḥilyah (8/128), al-T̩abarānī in al-Kabīr (11/34, 40), Ibn 'l-Jārūd (461) and Ibn ‘Adī (5/2001).
[5] Sahih Muslim (1264)
Link to the original fatwā
