On 'Concessions' and Conduct. A Study in early Ḥadīth

concessions.pdf On 'Concessions' and Conduct A Study in Early Hadith Traditions about early ritual practices and customs reported on the authority of the Prophet, of his Companions isahaba) or their Successors (tabi'un) are often divergent and even contradictory. Early compilations of haditb occasionally record these traditions in separate chapters with headings which point out their differences; they also enumerate the scholars who held these divergent views. So, for example, the chapter Man kana yutimmu l-takbir is followed by the chapter Man kana la yutimmu l-takbir ; the chapter Man qala laysa 'ala man nama sajidan wa-qa'idan w u d u' is followed by Man kana y aqisl u i d h a nama ta-t-yatawaddo'. Traditions arranged under headings Man kariha ... followed by Man rakhkhasa [i ... are of a similar type. It is obvious that these diverse traditions reflect differences in the opinions of various circles of Muslim scholars and indicate that in the early period of Islam many ritual prescriptions were not yet firmly established. The rukhas or "concessions," i.e., the changes in ritual prescriptions designed to soften their harshness, were indeed an efficient tool in adapting the prescriptions to the real conditions of life and its changing circumstances. They established practices that were in keeping with the new ideas of Islam. Yet it is evident that the concession, rukhsa, had to acquire authoritative sanction and legitimacy; this could be achieved only through an utterance of the Prophet. As a matter of fact, the following haditb is attributed to the Prophet: "Truly, God desires that His concessions be carried out [just] as He desires His injunctions to be observed" tinna llaha 2 yuhibbu an tu'ta rukhasuhu kama yuhibbu an tuta 'azaimuhui: This tradition was interpreted in manifold ways. According to one interpretation it implies a whole view of life; al-Shaybani (died 189/805) states that the believer who restricts himself to the most basic means of subsistence acts according to the prescriptions, whereas pleasant life and delights are for him a concession, a rukhsa? The purchase of the arable kharaj land in Iraq by Muslims was approved by 'Umar b. 'Abd al-'Aziz on the ground of a rukhsa interpretation of a Qur'anic verse; grants of land in the Sawiid, given to Muslims, were also based on rukhsa precedents? 'Abd al-Razzaq, al=Musanna], ed. Habib al-Rabman al-A'zami (Beirut: 11: 291, no. 20569 i=Liimi' Ma'rnar b. Riishid: ... an yu'mala bi-rukhasihi); Ibn Balban, al-Ihsan [i taqrib sahihi bni Hibban, MS. Br. Mus., Add. 27519, fol. 90a; al-Suyiiti, al-Durr al-manthiir [i l-taf sir bi=l=ma'thur (Cairo: 1314), 1: 193; Abu Nu'aym, Hilyat al=awliyh' (Beirut: 1387/1967, reprint), 6: 191 inf., 276, 2: 101 info C, an tuqbala rukhasuhu); al-Miiwardi, al-Amthal wa-l-bikam, MS Leiden, Or. 655, fol. 87b c.. an yu'khadha bi-rukhasihi kama yuhibbti an yu'khadha bi=farii'i dihi), al-Mundhiri, al-Targhib wa-l-tarhib, ed. Muhammad Muhyi l-Din 'Abd al-Hamid (Cairo: 1279/1960), 2: 261, no. 1541 (and see ibid. no. 1539: ._ an tu'ta rukhasuhu kama yakrahu an tu'ta masiyatuhu ; another version: ... kama yuhibbu an tutraka masiyatuhu); al-Muniiwi, Fayd al=qadlr; sharb al- jami' al-saghir (Beirut: 139111972),2: 292, no. 1879, 293, no. 1881(; an tuqbala rukhasuhu kama yuhibbu l+abdu maghfirat rabbihi ; 2: 296, no. 1894: ... Kama yakrahu an tu'ta ma'siyatuhu); al-Daylami, Firdaws al=akhbiir, Chester Beatty 4139, fo1. 53a; aI-Khatib al-Baghdiidi, M uq.ib awham at-jam' wa-l-tafriq (Hyderbad: 1379/1960), 2: 10 c.. an tu'ta mayasiruhu kama yuhibbu an tu'ta 'azdimuhu); cf. al-Kulayni al-Kiifi, ed. Najm al-Din al-Amuli (Tehran: 1388),1: 208-209, no. 4. 2 al-Shaybiini, al-Ikiisab [i l-rizqi l-mustaiab, Talkhis Muhammad b. Sama'a, ed. Mahrnud 'Arniis (Cairo: 1357/1938), p. 81: ... fa-sara l-basilu anna l-iqtisara 'ala adna ma yakfihi 'azimatun, wa-ma zada 'ala dhaiika min at-tana''umi wa-l-nayli min al-ladhdhiui rukhsatun, wa-qala sallii llahu 'alayhi wa-sallam: inna llaha yuhibbu an yu'ta bi-rukhasihi _. 3 Abu 'Ubayd, Kitab al-amwal, ed. Muhammad l:liimid al-Fiqi (Cairo: 1353), pp. 84-85; cf. al-Bayhaqi, al-Sunan al-kubra (Hyderabad: 1356), 9: 140-1: "... bab man kariha shiraa ardi l-khara] ._" And see the traditions against buying of khara] land: Ibn Zanjawayh, al-Amwat, MS. Burdur 183, fols. 1392/1972), 3 The Prophet is said to have denied believers perrmssion to enter baths, but later granted them a rukhsa to enter them, provided they wore loincloths, ma'iuir: There were in fact two contradictory attitudes in the matter of baths: the one disapproving' and the other 29a-32a (and see e.g. ibid., fol. 3Oa, inf., ''; sami'a l=hasana yaqidu: man khalda ribqata muiihidin fa-jdaiaha [i 'unuqihi [a-qad istaqala hijraiahu wa-walla l-islama zahrahu wa-man aqarra bi-shayin min al-jizyati [a-qad aqarra bi-babin min abwabi l-kufri'). 4 al-Shawkani, Nayl ai-awrar, sharb muntaqa l-akhbar min ahadithi sayyidi i-akhyar (Cairo: 1372/1953), 1: 299; Ibn Abi Shayba, al-Musannaf, ed. 'Abd al-Khaliq Khan al-Atghani (Hyderabad: 1386/1966), 1: 109-110; 'Abd al-Razzaq, 1: 290-296, nos. 11l6-1136; l-Fakihi, Ta'rikh Makka, MS. Leiden a Or. 463, fol. 412a; al-Mundhiri, 1: 118-122,nos. 267-278; al-Sharishi, Sharb maqiimiu al-Hariri, ed. Muhammad 'Abd al-Mun'im Khafaji (Cairo: 1372/1952), 3: 74; aI-Muttaqi I-Hindi, K anz al-tummii! (Hyderabad: 138111962),9: 231-234, nos. 1978-2010;cf. al-Hakim, Marifai 'uiion ai-hadith, ed. Mu'azzam I;Iusayn (Cairo: 1937),p. 98. 5 See e.g. al-Munawi, 2: 54, no. 1311: ... uffin li-l-hammam ..." enjoins husbands " to forbid their wives to enter baths, stresses the filthiness of their water and confines the entrance of men to those wearing the ma'Iizir ; cf. al-Tayalisi, Musnad (Hyderabad: 1321), p. 212, no. 1518:'A'isha reproaches the women from Hirns for entering baths. And see Niir aI-Din al-Haythami, Majmd al-zawdid wa-manbd a/-fawa'id (Beirut: 1967, reprint), 1: 277-278 (the prohibition for women to enter baths; and see ibid., p. 114:the bath is the abode of the Devil); al-Tabari, Dhayl al-mudhayyal (Cairo: 1353/1934), 10: 246; al-Dhahabi, Mizan al-Itidal, ed. 'Ali Muhammad al-Bajawi (Cairo: 1382/1963), 3: 631, no. 7889; al-Daylami, MS. Chester Beatty 3037, fol. 90b (the prohibition to enter baths by women is preceded by a prediction of the Prophet that the Muslims will conquer the lands of the 'ajam and will find there "buildings called baths"; a concession at the end of the haditn is granted to women who are ill, or after confinement). And see al-Kattani, Juz', MS. Chester Beatty 4483, fol. 9b ("; bi'sa l-bayt al-hammam'; the Prophet permitted, however, men to enter the bath wearing the maazir, after being told of the importance of the bath for the cleanness of the body and the treatment of the sick). Cf. Ahmad b. I;Ianbal, al-Tlal wa-marifat ai-rijai, ed. Talat Kocyigit and Ismail Cerrahoglu (Ankara: 1963), I: 266, no. 1716 (the prayer in a bath is disliked), 271, no. 1745 ("ai-arq.u kulluha masjidun illa l-hammam wo-l-maqbara'), And see the story of Ibn 'Umar who was shocked when he saw the naked men in the bath (Ibn Sa'd, 4 recommending them," Accordingly scholars are divided in their opinion as to whether the water of the bath can be used for ritual washing, ghus/, or whether, on the contrary, ghusl has to be performed for cleaning oneself from the very water of the bath? The knowledge of rukhas granted by the Prophet is essential for the proper understanding of the faith and its injunctions. The misinterpretation of the verse: "Those who treasure up gold and Tabaqiu (Beirut: 1377/1957), 4: 153-154);and see the various Shi'i traditions in Yiisuf al-Bahrani's al-Haddiq ai-nadira [i ahkam al-'itra al-tahira, ed. Muhammad Taqiyy al-Ayrawani (Nadjaf: 1378),5: 528-540. 6 See al-Khatib al-Baghdadi, 2: 311, 11.4-5; Ibn al-Sunni, 'A mal ai-yawm wa-Hayla (Hyderabad: 1358),p. 85: "ni'ma l-bayt al-hammam yadkhuluhu l-rajulu l-muslim ..."; al-Daylarni, MS. Chester Beatty 3037, fol. 174b; al-Wassabl al-Habashi, al-Baraka fi [adli l-sdyi wa-l-haraka (Cairo: n.d.), p. 268; Niir al-Din al-Haythami, 1: 279 (a bath was built on the spot approved of by the Prophet). The tradition that the Prophet used to frequent the bath is vehemently refuted by al-Qastallanl, as recorded in a l-Zurqani's Shari) ai-mawiihib al-laduniy ya (Cairo: 1327), 4: 214. Al-Qastallanl, quoting the opinion of Ibn Kathir, states that there were no baths in the Arabian peninsula in the time of the Prophet. Al-Khatib al-Baghdadi, discussing the tradition of Umm al-Darda' about her entering a bath in Medina (Muq.ilJ 1: 359), states that there were no baths in Medina in the period of the Prophet; in that period baths existed only in Syria and Persia (Muq.ii) 1: 362-364). Cf. al-Suyiiti, al-Hiiwi li=l=i atiiwi, ed. Muhammad MulJyi I-Din 'Abd al-I:Iamid (Cairo: 1378/1959), 1: 526-528; Ibn 'Asakir, Ta'rikn (Tahdhib) (Damascus: 1329), 3: 380; Murtada al-Zabidi, ItlJiif al-siida al-muttaqin bi-sharh asrar iIJy1i 'ulum al-din (Cairo: 1311) (reprinted Beirut), 2: 400. On the building of baths in Basra in the early period of Islam and the profits gained from them see al-Baladhuri, Ansiib al-ashra], 1, ed. Muhammad Hamidullah (Cairo: 1959): 502; al-Tha'alibl, Thimar al-quliib, ed. Abii l-Fadl Ibrahim (Cairo: 1384/1965), p. 318,no. 476. 7 See Ibn Abi Shayba, 1: 107-108; 'Abd al-Razzaq, 1: 295-298 (see e.g. the answer of Ibn 'Abbas, "innama ja'ala llahu l-mii'a yutahhiru wa-la yutahharu.' ibid., no. 1142; and see the answer of al-Sha'bi when asked, on leaving the bath, whether one is obliged to perforn the ghusl (to clean oneself) from the water of the bath: "So why did I enter the bath?", ibid., no. 1146); and see the outspoken answer of Ibn 'Abbas when he entered a bath in the state of ihriim: "Mii ya'ba'u lliihu bi-awsakhinii shay'an.' al-Bayhaqi, al-Sunan al-kubra, 5: 63 info 5 silver, and do not expend them in the way of God -- give them good tidings of a painful chastisement ..." (Qur'an 9:34) by Abu Dharr is explained by the fact that Abu Dharr met the Prophet and heard from him some injunctions of a severe character (yasma'u min rasidi llahi [s] l-amra fihi l-shiddatur; he then left for the desert. The Prophet, in the meantime, alleviated the injunction (yurakhkhisu [ihi) and people adopted the concession. But Abu Dharr, unaware of this, came back and adhered to the first (scil, severe) injunction," In later periods of Islam the practice of rukhas was presented as the attitude of the first generations of Islam. The righteous predecessors (ai-saiat), argues Abu Talib al-Makki, were in the habit of alleviating (yurakhkhisitna) the rules of ritual impurity, but were strict in the matter of earning one's li ving by proper means alone as well as in the moral aspects of behavior like slander, futile talk, excessive indulgence in rhetoric etc., whereas contemporary scholars, Abu Talib continues, are heedless in problems of moral behavior, but are rigid tshaddadii) with regard to ritual impurity," Sufyan al-Thawri speaks about rukhsa in the following terms: "Knowledge in our opinion is merely [the knowledge of] a rukhsa [reported on the authority] of a reliable scholar; the rigid, rigoristic practice can be observed by everyone?" The pious 'Ata' al-Sulaymi asked for the traditions of rukhas ; they might relieve his grief, he said." The rukhas-traditions were of great importance for the strengthening of belief in God's mercy for the believers thusnu l-zanni bi-llah).12 Sulayman b. Tarkhan asked his son to tell him rukhas-traditions in order to come to the Presence of God (literally: to meet God) with hope for God's mercy," 8 al-Suyiiti, al-Durr al-manihiir, 3: 243. 9 Abii Tiilib al-Makki, QUt al-quliib (Cairo: 1351/1932),2: 46. 10 Ibn 'Abd aI-Barr, Jami' b ayii» ai-t ilm wa-f adlihi (a l+Mad ina al-munawwara: n.d., reprint), 2: 36: innama l-'ilmu 'indana l-rukhsatu min thiqatin ; [a-amma l-tashdidu [a-yuhsinuhu kullu ahadin. 11 Abii Nu'aym, 6: 217. 12 See Ibn Abi l-Dunya, Majmu'at al-rasiiil (Cairo: 1354/1935), pp. 39-72: kitabu husni l-zanni bi-llah. 13 Ibid., p. 45, no. 29; Abii Nu'ayrn, 3: 31. 6 In a wider sense rukhas represent in the opinion of Muslim scholars the characteristic way of Islam as opposed to Judaism and Christianity. The phrase "... and he will relieve them of their burden and the fetters that they used to wear" (Qur'an 7:157) is interpreted as referring to the Prophet, who removed the burden of excessively harsh practices of worship'? and of ritual purity," The rigid and excessive practices of worship refer to Jews and Christians alike. The Prophet forbade his believers to follow the harsh and strict way of people who brought upon themselves destruction. The remnants of these people can be found in the cells of monks and in monasteries; this, of course, refers to Christians." These very comments are coupled with the haditb about the rukhas mentioned earlier: inna llaha yuhibbu ... It is thus not surprising to find this rukhas tradition together with an additional phrase: ... ia-qbalic rukhasa llahi wa-Ia takiinic ka-bani israila hina shaddadii 'ala anfusihim ta-shaddada llahu 'alayhiml' The ruk hs a tradition is indeed recorded in chapters condemning hardship in the exertion of worship and ritual practices," stressing the benevolence of God for His creatures even if they commit grave sins, reproving cruelty even towards a cat," 14 ... al-t athqitu lladhi kana [i dinihim ... al-tashdl du fi l-'ibadati ... al-shadii'idu llati kiinat 'alayhim ... tashdidun shuddida 'ala l-qawmi, [a-iao Muhammadun (s) bi-l-taiawuzi 'anhum. 15 al-Suyiiti, al-Durr al-manthlir, 3: 135; al-Tabari, Taf sir, ed. Mahmiid and Ahmad Shakir (Cairo: 1958), 13: 167-168; al-Qurtubi, Tat sir. (Cairo: 1387/1967), 7: 300; Hashim b. Sulayman al-Bahrani al-Tawbali al-Katakani, al-Burhan [i tafsiri l-qur'an (Qumm: 1393),2: 40, no. 3. 16 al-Suyiitl, al-Durr ol-manthia, 1: 193. 17 al-'Amili, al-Kashkid, ed. Tahir Ahmad al-Zawi (Cairo: 1380/1960), 1: 221. 18 See Ibn Balban, fol. 90a-b, the headings: ... dhikru t-ikhbari 'amma yustahabbu li=lrmari min qubidi ma rukhkhisa lahu bi-tarki l-tahammuli 'ala l-naf si ma la tuiiqu min aHa'ati _ ; ai-ikhbaru bi-anna 'ala l-mar'i qubida rukhsati llahi lahu fi ta'atihi diina l-tahammuli 'ala l-najsi ma yashuqqu 'alayha hamluhu ... ; ... mii yustahabbu li-l-mar'i l-tarafiuqu bi-l-taiui wa-al-amru bi-l-qaSdi fi Ha'ati diina an yuhmala 'ala l-naisi ma la tutiqu. 19 See 'Abd al-Razzaq, 11, no. 20549. The authenticity of the story of the woman who was put in Hell because she caused the death of a cat, was 7 and recommending leniency, moderation and mildness towards the believers. Rukh sa is rukhsatu llah; God's concession for His community; it imposes on the believers kindness and moderation towards each other. Rukhsa is in this context associated with riiq, yusr, samaha and qasd?" In a different context a concession, rukhsa, is meant to ease the burden of the decreed prescription (al-hukm) for an excusable reason ilir'udhrin hasala); the acceptance of rukhsa is almost obligatory in such a case (yakiidu yulhaqu bi-l-wujub); the believer must act according to the rukh sa, subduing his pride and haughtiness." Breaking the fast of sawm al-dahr is such a rukhsa ; continuing the fast is stubborness." Commenting on the haditb "The best of my people are those who act according to the rukhas,' al-Munawi stresses that the rukhas apply to specific times only; otherwise one should follow the incumbent prescription." The haditb "He who does not accept the concession of God will bear a sin as heavy as the mountains of 'Arafat" 24 was quoted in connection with a concession according to which it is recommended 20 21 22 23 14 questioned by 'A'lsha, She asserted that the woman was an unbeliever, a kalira. The believer is more respected by God iakramu 'inda [[jihi) than that He would chastise him because of a cat, she argued. She rebuked Abii Hurayra, the transmitter of the hadlth, and bade him to transmit the tradition more accurately. See al-Zarkashi, al+l jaba li-Iriidi rna st adrakat-hu 'A'ishatu 'ala I-sahaba (Cairo: n.d.), p. 61; Niir al-Din al-Haythami, 1: 116; and see Ibn 'Abd al-Hakam, Futuh misr, ed. C. Torrey (Leiden; 1920), p. 292; Hanniid b. al-Sariyy, Kitab al-suhd, MS. Princeton, Garret 1419,fo!. lOla, inf. -lOlb. See 'Abd al-Razziiq, 11: 282-288, nos. 20546; 20559 (Bab al-rukhas wa-l-shadiiid) and 11:290-292, nos. 20566-20574 (Bab al-rukhas [i l-'amal wa-l-qasd). al-Muniiwi, 2: 296-297; and see ibid., pp. 292-293 (see the commentary: the 'azima, injunction, order, has an equal standing with the rukhsa. According to the circumstances the ordained wu4u' is as obligatory as the rukhsa 0 f tayammum). And see ibid., p. 293: the concessions have to be carried out according to the circumstances for which they were given. Abii Tiilib al-Makki, 1: 11l. al-Muniiwi, 2: 51, no. 1300;al-Daylami, MS. Chester Beatty 4139, fo!. 94b. Ibn 'Abd al-Hakam, p. 292; al-Muniiwi, 6: 225, no. 9031; al-Daylami, MS. 8 to break the fast when on a journey. The core of the discussion was whether the breaking of the fast during a journey is obligatory or merely permitted. Some scholars considered it as a rukhsai? The phrase in Qur'an 2:187 "... and seek what God had prescribed for you" (fa-i-i.zna bashiriihunna wa-btaghii ma kataba llahu lakum) indicates, according to one interpretation, God's concession concerning the nights of Ramadan." The phrase in Qur'an 2:158 .,. io-ta junaha 'alayhi an yattawwaja bihima ... ("... it is no fault in him to circumambulate them ..."), referring to the circumambulation of al-Safa and Marwa, gave rise to the discussion whether it indicated an order or a concession." The bewailing of the dead by hired women, the niyaha, is forbidden; but the Prophet granted the afflicted relatives the rukhsa to mourn the dead and to weep over a dead person's grave," Chester Beatty 3037, fol. 158b. 25 al-Suyiiti, al-Durr al-manthiir, 1: 193; Ibn 'Abd al-Hakam, p. 265; Ahmad b. Hanbal, Musnad, ed. Shakir (Cairo: l368/1949), 8: 238, no. 5392; al-Dhahabi, 2: 483; Ibn Kathir, Taf sir (Beirut: l385/1966), 1: 382; cf. al-Tabari, Tafsir 3: 461-469 (see p. 460: al-iftaru [i l-maradi 'azmatun min alliihi wajibatun wa-laysa bi-tarkhis ; and see p. 464: al-iitaru fi l-saf ari rukhsatun min allahi tdala dhikruhu, rakhkhasaha li=ibadihi wa-l-fardu l-sawmu ...); Ibn Balban, fol. 9Ob, sup; al-Sha'rani, Lawaqin al-anwar (Cairo: 138111961), p. p 716-717; al-Mundhiri, 2: 258-262; Ibn Qutayba, Ta'wil mukht ali] al-badith (Cairo: 1326), pp. 307-308; al-Zurqani, Sharb al-muwatta (Cairo: 1381/1961), 2: 415-420. 26 al-Tabari, Tafsir, 3: 500 ult., 508; Ibn Kathir, Tafsir, 1: 390, line 5 from bottom; al-Suyiitl, al-Durr al-manthiir, 1: 199, line l. 27 See al-Tabarl, Tafsir, 3: 230-246; al-Qurtubi, 2: 182 (and see ibid., about the reading: fa-lii junaha 'alayhi an la yattawwaf ar; al-Majlisi, Bihar al-anwar (Tehran: 1388),99: 235, 237-8, 239 line 2; al-Zarkashi, al-/ jaba, pp. 78-9; al-Fakihi, fols. 374b-380a; al-Bayhaqi, al-Sunan al-kubrii, 5: 96-8; Amin Mahmiid Khattjib, Fatb al-malik at-mabiid, takmilat al-manhal al-'adhb al-mawriid, sharh. sunan abi dawitd (Cairo: 1394/1974), 1: 243-50, 2: 15-16. 28 al-l;Iakim, al=Mustadrak (Hyderabad: 1342), 1: 203; aI-Khatib al-Baghdadi, Mit(j.ih, 2: 12 sup.; al-Zajjjiji, Amali, ed. 'Abd aI-Salam Hariin (Cairo: 1382), p. 181 L wa-kadhalika al-naqu: raf'u l-sawti bi-l-bukiii ; wa-hadha kana manhiyyan 'anhu [i awwali l-islami+ani l-bukita 'ala l-mayyit, thumma rukhkhisa [ihi ... ; al-Raghib al-Isfahanl, MuhMarat al-udabd (Beirut: 1961), 9 In some cases the choice between the prescription and the rukhsa has been left to the believer: such is the case of the ablution of the junub. Three traditions about how the Prophet practised wudu' ablution, when in the state of janaba contain contradictory details: two of them state that he, being a junub, performed the wudu' before he went to sleep, while the third one says that he went to sleep without performing wudu'. Ibn Qutayba, trying to bridge between the contradictory traditions, states that in a state of janaba washing before one goes to sleep is the preferred practice (afejal); by not washing the Prophet pointed to the rukhsa?" The believer may choose one of the two practices. In some cases the rukhsa completely reverses a former prohibition. The Prophet forbade the visiting of graves, but later changed his decision and granted a rukhsa to visit them: naha rasidu llahi [S] 'an ziyaraii l-qubkri thumma rakhkhasa fihlz bddu/" Cupping during a fast was forbidden by the Prophet; both the cupper and the person whose blood was drawn were considered to have broken their fast. The Prophet, however, changed his decision and granted a rukhsa ; cupping did not stop the fast," Lengthy chapters contain discussions of the problem as to whether kissing one's wife while fasting is permitted. Some scholars considered kissing or touching the body of the wife as breaking the fast, others considered it permissible. Both parties quote traditions in support of their arguments. The wives of the Prophet, who 4: 506; Ibn Abi Shayba, 3: 389-395; al-Tabarani, al-Mujam al-saghir, ed. 'Abd al-Rahrnan Muhammad 'Uthman (al-Madina al-munawwara: 1388/1968), 2: 82 (noteworthy is the report of Ibn Abi Shayba 3: 391 about the faqih Abu I-Bakhtari: ... kana rajulan [aqihan wa-kana yasmau l-nawh); Mahrniid Muhammad Khattab al-Subki, al-Manhal alradhb al-mawriid, 8: 281-4; al-Zarkashi, al-/ jaba, pp. 34, 50-1. 29 Ibn Qutayba, pp. 305-6. 30 a l+Hji z i m I, at-F't ibiir f i b a yiini l=niisikh' wa-l=mansickk min al-akhbar (Hyderabad: 1359),pp. 130-1, 228; al-Fakihi, fol. 478b, 479 penult. 31 Ibn Daqiq al-'Id, al-Ilmam bi-ahadithi l-ahkam, ed. Muhammad Sa'Id al-Mawlawi (Damascus: 1383/1963), p. 244, no. 592; al-Zurqani, Shorb al-muwatta, 2: 428-30; al-Hazimi, pp. 137-42. 10 testified as to their experience, were not unanimous about the problem. 'A'isha's evidence was in favor of kissing. The statement that old and weak people may kiss their wives, while men may not, is an obvious attempt at harmonization." A similar problem was whether kissing one's wife imposes wudu, Scholars were divided in their opinions. 'A'isha testified that the Prophet used to kiss his wives and set out to pray without performing ablution. Many scholars stated that kissing or touching one's wife does not require wudu', but others argued that it does. Some scholars found a compromise: wucj.u' is required if the kiss is accompanied by a feeling of lust," The rukhas, apparently, were exploited by scholars attached to rulers and governors. As usual precedents of wicked court-scholars in the period of banii isra'il were quoted: they frequented the courts of kings, granted them the required rukhas and, of course, got rewards for their deeds. They were happy to receive the rewards and to have the kings accept their 32 al-Tahawl, Sharb maani l-iuhar, ed. Muhammad Zuhri l-Najjir (Cairo: 2: 88-96; Ibn Abi Shayba, 3: 59-64; al-Bayhaqi, Mc'rif at al-sunan wa-l-iuhar, ed. Ahmad Saqr (Cairo: 1969), 1: 21 sup.; Ibn Qutayba, pp. 308-9; al-Dhahabi 2: 398 sup.; Abu Nu'aym, 7: 138;al-Zarkashi, al-[ jaba, p. 54; al-Zurqanl, Sharh al-muwatta, 2: 410-15; 'Abd al-Razzaq, 4: 182-94, nos. 8406-8456. See e.g. nos. 8412, 8418; kissing during the fast was considered as rukhsa ; against the rigid prohibition to look at a woman (see e.g. nos. 8452-8453) there are traditions permitting much more than kissing (see e.g. no. 8444 and the extremely permissive tradition no. 8439); and see Abu Nu'ayrn, 9: 309 (kuliu shay'in laka min ahlika haliilun [i l-siyami ilia ma bayna l-rijlayn); and see this tradition al-Daylami, MS. Chester Beatty 3037, fol. 120b, 1.1;al-Muttaqi I-Hindi, 8: 384-5, nos. 2787-2793; Ibn Daqiq aI-'id, pp. 243-4, nos. 590-1; al-Kattiini, MS. Chester Beatty 4483, fol. 3a; al-Shafi'I, al-Umm (Cairo: 1321 reprint), 2: 84 sup.; Mahmiid Muhammad al-Subki, al-Man hal al-tadhb al-mawrisd, sharb sunan abi dawud (Cairo: 1390), 10: 109-13, 115-16;Ibn Abi l:liitim, 'Ilal al-I;!adith (Cairo: 1343 reprint), 1: 47, no. 108. 33 Ibn Abi Shayba, 1: 44 (man qala: laysa fi l-qubla wu4u'), 45 (man qala: fiha l-wudli'); 'Abd al-Razziiq, 1: 132-6, nos. 496-515; al-Hakirn, al+Must adrak, 1: 135; al-Shawkani, Nayl, 1: 230-3; al-Zurqani, Sharh ai-muwauo', 1: 129-30; Ibn Abi l:liitim, 1: 48, nos. 109-110,63 no. 166. 1388/1968), 11 concessions. The verse in Qur'an 3:189 "Reckon not that those who rejoice in what they have brought, and love to be praised for what they have not done -- do not reckon them secure from chastisement ..." refers, according to one tradition, to these scholars," Orthodox, pious scholars fiercely criticized the Umayyad court-jurists and muhaddithiin= The [uqaha' seem to have been liberal in granting rukhas, as can be gauged from a remark of the pious Sulayman b. Tarkhan (who himself very much appreciated the granted rukhas, see above note 13) that anyone who would adopt every rukhsa of the [uqaha would turn out a libertine." In order to assess the actions of rulers it became quite important to find out to what extent they made use of rukhas. 'Umar is said to have asked Muhajirs and Ansaris in his council what their opinion would be if he applied rukhas in some problems. Those attending remained silent for a time and then Bishr b. Sa'id said: "We would make you straight as we make straight an arrow." 'Umar then said with approval: "You are as you are" (i,e, you are the proper menl.'? When al-Mansur bade Malik b. Anas to compile the Muwatta' he advised him to stick to the tenets agreed upon the Muslim community and to beware of the rigoristic opinions of Ibn 'Umar, the rukhas of Ibn 'Abbas and shawadhdh (readings of the Qur'an) of Ibn Mas'iid.38 34 al-Suyiiti, al-Durr ai-manthia, 2: 109 inf. 35 Ibn 'Asakir, 6: 218: ... [a-ataw l-umara'a [a-haddathiihum [a-rakhkhasii lahum, wa-atawhum [a-qabilii minhum ...; al-Qadi 'Iyiid, Tartib al-madarik, ed. Ahmad Bakir Mahmiid (Beirut: 1387/1967), 1-2, 616 (Sahniin): ... wa-baiaghani annahum yuhaddithunahum min al-rukhas ma yuhibbiina, mimma laysa 'alayhi l-'amalu ...; al-Dhahabi, 1: 14 inf.: '" ila kam tuhaddithu l-nasa bi-l-rukhasil ... and see al-Suyiiti, al-Durr ol-mamhia, 3, 139. ; 36 Abii Nu'aym, 3:32; al-Raghib al-Isfahani, 1: 133:... man akhadha bi-rukhsati kulli [aqihin kharaja minhu fasiq. And See Ahmad b. Hanbal, 'Ilal, 1: 238, no. 1499: Malik, asked about the rukhas of singing granted by some people of Medina, said: "In our place the libertines behave in this way." 37 Mus'ab b. 'Abdallah, Hadith, MS. Chester Beatty 3849/4 (majmu'a), fol. 44b, inf.-45a (the text: antum idhan antum); al-Muttaqi al-Hindi, 5: 405 inf., no. 2414 (the text: antum idhan antum idhan). 38 'Abd al-Malik b. Habib, Tarikh, MS. Bodley. Marsh. 288, p. 167: ... wa-qala 12 Many a rukhsa indeed served to regulate relations between people, establish certain privileges for the weak and disabled, to alleviate some rigorous practices and finally, in some cases, to turn Jahili practices into Muslim ones by providing them with a new theoretical basis. Al-Hakim al-Naysabiiri" says that the Prophet's command to Zayd b. Thabit to learn the writing of the Jews ikitaba; al-yahiui) in order to be able to answer their letters, serves as the only rukhsa permitting the study of the writings of the People of the Book. Weak and disabled people were given special instructions on how more easily to perform certain practices during the pilgrimage.'? The Prophet enjoined that the ritual ablution (wutju') should start with the right hand; but a rukhsa was granted to start from the left." The cutting of trees and plants was forbidden in the haram of Mecca, but the Prophet allowed as a rukhsa the idhkhir rush ischoenanium) to be cut since it was used in graves and for purification." A special rukhsa was given by the Prophet to take freely the meat of animals sacrificed by him; the nuhba (plunder) of sugar and nuts at weddings was also permitted by the Prophet," A rukhsa was issued by the Prophet allowing use of gold and silver for the embellishment of swords, for the repair and fastening of damaged cups and vessels, for a treatment in 39 40 41 42 43 abi: ja'farin al-mansiiru li-maliki bni anasin hina amarahu bi-wad'i muwauaihi: ya abii 'abdi lliihi ttaqi shaddida bni 'umara wa-rukhasa bni 'abbasin wa-shawadhdha bni mas'iidin wa+alayka bi-l-amri l-mujtamdi 'alayhi. al-Hakim, al-Mustadrak, 1: 75. al-Tahawi, Sharb mdani, 2: 215-218. al-Bayhaqi, ai-Sunan al-kubra, 1: 86-87. al-Baliidhuri, Futul; al-buldiin, ed. 'Abdallah and 'Umar al-Tabba' (Beirut: 1377/1958), p. 58, 1.3. Abu 'Ubayd, Gharibu l-hadltl: (Hyderabad: 1384/1965), 2: 54; al-Tai)iiwi, Sharb mdani, 3: 49-50; al-Zurqani, Sharb al-mawahib ; 4: 325 inf. -326; al-Fasawi, al-Mdrifa wa-l-tarikh; MS. Esad Ef. 2391, fol. 32a, sup. ('an ibni mas'iidin annahu kariha nihaba l-sukkar). 13 dentistry and for the restitution of a cut nose." The Prophet uttered a r uk h s a about the nabi dh of jars;45 the use of jars for nabidh (steeping of dates) was forbidden before that. The muttering of healing incantations, the ruqya, a current practice in the Jahiliyya period, was forbidden by the Prophet. Later he fixed the formulae of these healing incantations for various kinds of illnesses, bites from snakes and scorpions, and the evil eye, giving them an Islamic character." This was, of course, a rukhsa of the Prophet. It is also a rukhsa to denounce Islam in case of danger to one's life. Two Muslims were captured by a troop of Musaylima and were ordered to attest the prophethood of Musaylima. One of them refused and was killed; the other complied and saved his life. When he came to the Prophet, the Prophet said that he had chosen the way of the rukhsa:" The discussion of a rukhsa could, in certain circumstances, turn into a bitter dispute. 'Uthman disapproved of the tamattu' pilgrimage." 'Ali, who was at the council of 'Uthman, opposed this opinion fiercely, arguing that tamattu' was a sunna of the Prophet and a rukhsa granted by God to his servants. 'uthmdn 44 al-Tahawl, Mushkil al-iuhiir (Hyderabad: 1333), 2: 166-179; Niir al-Din al-Haythami, 5: 147-151;al-Bayhaqi, al-Sunan al-kubra, 1: 28-30. 45 al-Hakim, Ma'rifat 'uliim, p. 196 sup.; al-Hazimi, pp. 228-230. 46 Ibn Wahb, Jami, ed. 1. David-Weill (Cairo: 1939), pp. 103-106; al-Tahawl, Sharb mdiini, 4: 326-329; Niir aI-Din al-Haythami, 5: 109-114;al-Zurqani, Shorb ai-muwatta', 6: 348-350; idem, Sharb al-mawahib, 7: 68-82; al-Wa$$iibi, al-Baraka; pp. 268-270; Ibn Qayyim al-Jawziyya, al-Tibb al-nabawi, ed. 'Abd aI-Ghani 'Abd al-Khaliq, 'Adil al-Azharl, Mahrniid Faraj al-'Uqda (Cairo: 1377/1957), pp. 127, 131 inf.-147; idem, Zad al-ma'Iid (Beirut: n.d.), 3: 116-125; al-Damiri, Hayiu. al-I;ayawan (Cairo: 1383/1963), 2: 139-140;al-Tha'alibi, Thimar oi-quliib, pp. 126, no. 672, 431, no. 690. 47 al-Suyiiti, al-Durr al-manihiir, 4: 133. 48 On the tamauu pilgrimage see e.g. Ibn Hazm, Haj]at al-wada', ed. Mamdiib Baqqi (Beirut: 1966), pp. 49, 89, 90, 102; Niir aI-Din al-Haythami, 3: 236; al-Bayhaqi, al-Sunan al-kubra, 5: 15-26. . 14 excused himself saying that he had merely expressed his personal opinion which anybody could accept or reject. A man from Syria who attended the council and disliked 'Ali's argument said that he would be ready to kill 'Ali, if ordered to do so by the Caliph, 'Uthman, He was silenced by Habib b. Maslama'" who explained to him that the Companions of the Prophet knew better the matter in which they differed." This remark of Habib b. Maslama is a projection of later discussions and represents the attitude of orthodox circles which recommend refraining from passing judgement on the contradictory arguments of the sahaba. However the passage also reflects the contrasting ways in which the pilgrimage was performed. It is noteworthy that Ibn Qayyim al-Jawziyya wrote lengthy passages in which he examined in a thorough manner the contradictory opinions of the scholars about the tamattu' pilgrimage," Close to the concept of rukhsa was the idea of naskh. abrogation, total change, referring to hadith. Such a case of naskh is the practice of wudii' after the consumption of food prepared on fire. The Prophet is said to have uttered a hadith: tawadda'ii mimma massat al=nar. A great number of traditions assert that the Prophet later used to eat cooked food and immediately afterwards prayed without performing the wudii, The traditions concerning this subject are found in some of the compendia arranged in two separate chapters, recording the opinions and deeds of the righteous predecessors who respectively practised wudu' or objected to it.52 49 See on him al-Fasi, al-T qd al-thamin [i tarikhi l-baladi l-am in, ed. Fu'ad Sayyid (Cairo: 1384/1965), 4: 49-52; Nasr b. Muzahim, Waq'at Siffin, ed. 'Abd al-Salam Harlin (Cairo: 1382), index; Ibn Hajar, al-Lsiiba, ed. 'Ali Muhammad al-Bajiwi (Cairo: 1392/1972), 2: 24-26, no. 1602. 50 Ibn 'Abd aI-Barr, Jiimi' bayan, 2: 30; cf. al-Zurqani, Sharb al-muwaua; 3: 52 (and see pp. 48-51); ai-Muttaqi l-Hindi, 5: 83, no. 678, 88, no. 704. 51 Zad ol-maad. 1: 188-191,203-18. 52 'Abd al-Razzaq 1: 163-171(man qala ia yutawaddau mimma massat al-nar), pp. 172-174 (ma ja'a fimi: massat al-nar min al-shidda); Ibn Abi Shayba, 1: 46-52 (man kana ia yatawadddu mimma massat ai-nar ; man kana yara lrwudiia mimma ghayyarat al-nar); al-Bayhaqi, al-Sunan al-kubra, 1: 153-158; al-Hazimi, pp. 46-52; Nlir ai-Din al-Haythami, 1: 248-249 (ai-wu4u' 15 The arguments brought forth by the partisans of both groups and toe traditions reported by them may elucidate some aspects of the problem under discussion. According to a tradition, reported by al-Hasan b. 'Ali, the Prophet was invited by Fatima and was served the shoulder of a ewe. He ate and immediately afterwards started to pray. Fatima asked him why he had not performed the wudii' and the Prophet answered, obviously surprised, "[To wash] after what, 0 my daughter?" She said, "[To wash] after a meal touched by fire." Then he said, "The purest food is that touched by fire."53 A similar tradition is recorded on the authority of 'A'isha, When she asked the Prophet why he did not perform the wudu' after eating meat and bread he answered, "Shall I perform the wudis' after the two best things: bread and meat?"54 There is a tradition on the authority of Umm Habiba, the wife of the Prophet, who had ordered the performance of wudii' after having eaten gruel of parched barley tsawiq) on the grounds of the hadith: Tawaddaii mimma massat al-nari? but traditions recorded on the authority of Safiyya, Umm Salama and the Companions of the Prophet affirm that the Prophet prayed after eating cooked food without performing the wu4it'.56 The scholars who deny the obligation of wudis' after the consumption of meals state that the principle established by the Prophet was that wudii' is obligatory 53 54 55 56 mimma massat al-nar), pp. 251-254 (tarku I-wut/u' mimma massat al-nar); al-Tahawi, Sharb maani, 1: 62-70; Ahmad b. Hanbal, al+Llal, 1: 305, nos. 1984-1985, 317, no. 2062, 366, no. 2424; al-Shawkani, N ayl, 1: 245-247, al-Fasawi, fo1. 229a; Abu Yiisuf, Kiiab al-iuhar, ed. Abu I-Wafii (Cairo: 1355), pp. 9-11, nos. 41-50; al-Hakim, Ma'rifat 'uliim, pp. 30, 217; al-Bayhaqi, Mo'rif at al=sunan, 1: 401; Ibn Sa'd, 7: 158; al-Bukhiiri, at-Ta'ri kb al-kabir (reprint), I, 2 no. 1543, III, 2 nos. 2361, 2805; Abu Nu'ayrn, 5: 363; Ibn 'Asakir, 6: 125, 174, 321;al-Khatib al-Baghdadi, Tarikh Baghdad (Cairo: 135111931), 3: 100; Ibn l;Iajar, al-Isaba, 3: 263, no. 3701, 8: 248, no. 12125;Ibn 1 l;Iibbiin, Kitab al-majriihin; ed. 'Aziz aI-Qiidiri (Hyderabad: 1390/1970), 2: 173. Nur aI-Din al-Haythami, 1: 252 inf.-253. al-Dhahabi, 3: 243, no. 6270. Ibn Abi l-Jawsa', Hadith; al-Zahiriyya, Majmii'a 60, fo1. 64b. al-Tabiiwi, Shark mdiini, 1: 65. 16 after what comes out (of the body) not after food taken in.57 Ibn 'Abbas, who authoritatively stated that there is no injunction of wuqil after food prepared on fire, argued that fire is a blessing; fire does not make anything either forbidden or permitted." On the authority of Mu'adh b. Jabal, a Companion of the Prophet and a very indulgent person in matters of ablutions, who stated that no ablution is needed in case of vomiting, bleeding of the nose or when touching the genitalia, the following philological explanation is given: people had indeed heard from the Prophet the utterance: tawaddaii mimma massat ai-niir, but they did not understand the Prophet's meaning. In the time of the Prophet people called the washing of hands and mouth wudk' ; the Prophet's words simply imply the washing of hands and mouth for cleanliness (ii-i-tan?if); this washing is by no means obligatory (wiijib) in the sense of ritual ablution." There are in fact traditions stating that the Prophet ate meat, then rinsed his mouth, washed his hands and started to pray." Another tradition links the abolition of the Prophet's injunction of this wudu' with the person of Anas b. Malik, the servant of the Prophet, and puts the blame for the persistence of wudii' after the consumption of cooked food on authorities outside Medina. Anas b. Malik returned from al-Iraq and sat down to have his meal with two men of Medina. After the meal he came forth to perform the wudii'. His companions blamed him, asking: "Are you 57 Niir al-Din al-Haythami, 1: 252; al-Bayhaqi, al-Sunan ai-kubra, 1: 157 inf.; 'Abd al-Razzaq, 1: 170-171,nos. 658, 663; al-Tabawi, Sharb maiini, 1: 69. S8 'Abd al-Razzjiq, 1: 168-169, nos. 653, 655-656; al-Bayhaqi, al-Sunan al-kubrii, 1: 158, lines 4-5; al-Tahawi, Sharb mdimi, 1: 70 sup. 59 al-Bayhaqi, al-Sunan al-kubra; 1: 141; Niir ai-Din al-Haytharni, 1: 252 ult.-253, line 1; al-Sharif al-Murtada, Amali, ed. Muhammad Abii l-Fadl Ibrahim (Cairo: 1373/1954), 1: 395-3%. 60 al-Tahawi, Sharb maiini, 1: 66, 68; al-Bayhaqi, al-Sunan al-kubra, 1: 157; Niir al-Din al-Haythami, 1: 252, lines 12-15, 254, line 8 and line 18; Muhammad b. Sinan al-Qazzaz, Hadith, al-Zahiriyya, Majmii'a 18, fol. 2a; Muhammad b. Ahmad al-Qattan, al-Fawdid, al-Zahiriyya, Majrnii'a 18, fol. 24a info 17 following the Iraqi way?,,61This story implies that in the practice of Medina no wudii' was observed after eating cooked meals. The emphasis that Anas's practice was Iraqi is noteworthy. It can hardly be conceived that the Iraqis stuck to the earlier practice of the Prophet which was later abrogated by him. It is more plausible to assume that Anas adopted an Iraqi usage observed there since the Sasanian period. The severe reproach which Anas faced seems to indicate that it was a foreign custom, considered as a reprehensible innovation by the Muslim communityf? The lenient character of the abrogation of wu(jil after eating food prepared on fire is exposed in a tradition reporting that the Prophet ate roast meat, performed the wu(ju' and prayed; later he turned to eat the meat that was left over, consumed it and set to pray the afternoon prayer without performing wu(ju' at all.63 It is evident that his later action (akhiru amrayhi) is the one to be adopted by the community, as it constitutes an abrogation, naskh, of the former tradition, although some scholars consider it as rukhsa. The problem of wudii' mimma massat al-nar was left in fact to the inventiveness of the [uqaha' of later centuries; it becomes still more complicated by an additional hadith according to which the Prophet enjoined wu(ju' after the consumption of the meat of camels, but did not regard wudii as necessary after eating the meat of small cattle (ghanam).64 The two chapters in the Musannai of Ibn Abi Shayba about wuQ.u' after consuming meat of 61 al-Tahawi, Sharf) maani, 1: 69; al-Bayhaqi, al-Sunan al-kubrii, 1: 158 (Anas regrets his mistake and wishes he had not done it: laytani lam af'al); 'Abd al-Razzaq, 1: 170, no. 659; al-Zurqiini, Sharf) al-muwaud, 1: 88 inf.-89. 62 See 'Abd al-Razzaq, 1: 170, no. 659: ... ma hiidhihi l-'iraqiyyatu llatl ahdathtaha ._? 63 al-Shawkiini, Nayl, 1: 247; al-Hakim, Marif at 'uliim, p. 85; al-Bayhaqi, al-Sunan al-kubrii, 1: 156; al-Tahawi, Sharf) mo'ani, 1: 67; al-Bayhaqi, Marifai al-sunan, 1: 395, 401, lines 1-2; Ibn 'Asakir, 6: 321. 64 Ibn Abi Shayba, 1: 46-7; al-Tahawi, Sharf) maani, 1: 70-1; al-Shawkiini, Nayl, 1: 237-9; al-Bayhaqi, al-Sunan al-kubra, 1: 158-9; idem, Ma'rifat al-sunan, 1: 402-6; Ibn Qayyim al-Jawziyya, I'lam al-muwaqqiin 'an rabbi l-'alamin, ed. Tiihii 'Abd al-Ra'iif Sa'd (Cairo: 1973), 2: 15-16, 106; Niir aI-Din al-Haythami, 1: 250. 18 camels, contradictory as they are, bear additional evidence to the diversity of practice and usage, and to the divergencies in opinions held by the scholars of hadith. 'No less divergent are the views of the scholars about the wuq.u: before the consumption of food, 65 the confinement of wudii', as an obligatory act, before prayer only, the question whether ablution before every prayer was obligatory for the Prophet only,66 and whether the wuq.u' may be replaced as a concession by cleaning the mouth with a toothpicks? The great number of diverse traditions, merely hinted at above, clearly indicate that the formation of a normative code of ritual and usage began relatively late. A survey of some traditions about the t aw at, the circumambulation of the Ka'ba, and certain practices of the haji may shed some light on the peculiar observances and customs followed in the early period and may explain how they were later regulated, transformed or established. The tawaf was equated by the Prophet with prayer isaliu). In an utterance attributed to him the Prophet said, ''The tawai is indeed like a prayer; when you circumambulate diminish your talk."" In another version of this haditb the Prophet, making 65 See al-Zurqani, Shorb al-mawahib, 4: 352 barakat al-tdiim al-wuq,u' qablahu ; and see the interpretation). 66 See al-Zurqani, Sharb al-mawahib, 7: 247, lines 24-30 [aaltuhu ya 'umaru-rydni li-bayani I-jawazi Ii-I-nasi wa-khawfa an yu'taqada wujiibu mii kana yaf'alu min al-wudiii li-kulli saiiuin ; wa=qila innaha nasikhun li-wujiibi dhiilika, wa-taaqqaba bi-qawli anasin: kana khassan bihi diina ummatihi wa-annahu kana ya(aluhu li-I-faq,ila _). 67 Ibid., 7: 248, line 1 seq. Concerning the concept of Sufi rukhas cf. M. Milson, A Sufi Rule for Novices, Kitab adab al-muridin (Harvard: 1975), pp. 72-82; and see his discussion on the subject in the Introduction, pp. 19-20. 68 'Abd al-Razzaq, 5: 496; al-Qastallani, [rshad al-sari, (Cairo: 1323),3: 173-4; al-Nasa'I, Sunan, ed. Hasan al-Mas'iidi (Beirut: n.d.), 5: 222; al-Bayhaqi, al-Sunan al-kubra; 5: 85; Yiisuf b. Miisii al-Hanafi, al-Mu'tasar min al-mukhtasar (Hyderabad: 1362), 1: 174; al-Muniiwi, 4: 292-3, nos. 5345-5347; al-Muttaqi l-Hindi, 5: 24, nos. 220-222; cf. al-Azraqi, Akhbar Makka, ed. F. Wiistenfeld, p. 258; Muhibb al-Dln al-Tabari, al-Qira li-qasidi ummi l-qura, ed. Mustafa I-Saqii (Cairo: 1390/1970), pp. 306, 331;al-Tabiiwi, SharI) c.. c.. 19 tawat equal to prayer, bade the faithful confine their conversation to good talk. During the tawai the Prophet invoked God saying, "Our Lord, give to us in this world and in the world to come and guard us against the chastisement of Fire" (Qur'an 2:201).This verse was recited as an invocation by some of the Companions," Some of the invocations were extended and included praises of God, assertion of His oneness and omnipotence as they were uttered by the angels, by Adam, Abraham and the Prophet while they went past various parts of the Ka'ba during the tawai?" The pious Ibn 'Umar and Ibn 'Abbas are said to have performed the tawat refraining from talk altogether." Tawfis and Mujahid circumambulated in solemnity and awe "as if there were birds on their heads."> This was, of course, in the spirit of the imitatio prophetarum; Wahb b. Munabbih reported on the authority of Ka'b that three hundred Messengers (the last among whom was Muhammad) and twelve thousand chosen people tmustaian) prayed in the hi jr facing the maqam, none of them speaking during the tawa], except to mention the name of God.73 When 'Urwa b. al-Zubayr approached Ibn 'Umar during the tawat, asking him to give him his daughter in marriage, Ibn 'Umar did not reply. After some time 'Urwa came to Medina and met 'Abdallah b. 'Umar. The latter explained that he had not been able to answer him because mdiini , 2: 178 info 69 al-Azraqi, p. 258; al-Fiikihi, fols. 292a, 296a; 'Abd al-Razzaq, 5: 50, 52; al-Muttaqi I-Hindi, 5: 90, nos. 717-719, 722; al-Waqidi, Maghazi, ed. M. Jones (London: 1966), p. 1098; al-Bayhaqi, at-Sun an al-kubra, 5: 84; Ibn Zuhayra, al-Jiimi' al-latif (Cairo: 1357/1938), p. 124; Ibn Kathir, Tajsir, 1: 432-3. 70 See e.g. al-Fiikihi, fo. 296a, sup. (The Prophet urges the people to praise God and to extol Him during the tawiif ; and see ibid., similar reports about some Companions); al-Azraqi, pp. 259 inf.-26O; 'Abd al-Razzaq, 5: 51, nos. 8964-8965; al-Qastallani 3: 170; al-Harbl, ai-Manasik wa-amakin turuqi l-haj], ed. Hamad al-Jasir (al-Riyiid: 1389/1969), pp. 431-3; Mubibb ai-Din al-Tabari, pp. 305-6; al-Shawkiini, Nayi, 5: 53-4. 71 al-Fiikihi, fol. 292a; 'Abd al-Razzaq, 5: 50, no. 8962. 72 al-Fiikihi, fol. 292a-b; cf. Mubibb ai-Din al-Tabari, p. 271. 73 al-Fiikihi, fol. 292a, inf. 20 he "conceived that he faced God" during the tawat (wa-nahnu natakhayalu llaha 'azza wa-ialla bayna dyunina). Now he replied and gave him his daughter in marriage." Merriment and joviality were, of course, forbidden and considered as demeaning. Wahb b. al-Ward," while staying in the hiir of the mosque of Mecca, heard the Ka'ba complain to God and Jibril against people who speak frivolous words around it.76 The Prophet foretold that Abii Hurayra would remain alive until he saw heedless people playing; they would come to circumambulate the Ka'ba, their iawat would, however, not be accepted." The concession in the matter oj speech granted during the tawai was "good talk."" Pious scholars used to give guidance, exhort, edify and recount hadiths of the Prophet." Common people made supplications during the tawai, asking God to forgive them their sins and to grant them Paradise, children, and wealth. It was, however, forbidden to stand up during the (awiif, and to raise one's hands while supplicating. "Jews in the synagogues practise it in this way," said 'Abdallah b. 'Amr (b. al-'As) and advised the man who did it to utter his invocation in his council, not to do it during the fawiif.80 The fact that large crowds were gathered during the t awat was, however, exploited by the political leaders. Ibn al-Zubayr stood up in front of the door of the Ka'ba and recounted before the people the evil deeds of the Umayyads, stressing 74 al-Zubayr b. Bakkar, Jamharat nasab quraysh, MS. Bodley, Marsh 384, fol. 160b; al-Fakihi, fol. 292b; Mubibb ai-Din al-Tabari, p. 270. 75 See on him Abii Nu'aym, 8: 140-61; al-Pasl, al-Tqd, 7: 417, no. 2678. 76 al-Azraqi, p. 259; Abii Nu'aym, 8: 155 (the tafakkuh is explained as talking about women and describing their bodies during the (awaf); Muhibb al-Din al-Tabari, p. 271. 77 al-Fakihi, fol. 292b. 78 See Muhibb al-Din al-Tabarl, p. 271, line 1: ... wa-anna hukmahu hukmu l-saliui, ilia fima waradat [ihi l-rukhsaiu min al-kalam. 79 See e.g. al-Fakihi, fols. 311a-312a;'Abd al-Razzaq, 3: 377, no. 6021. &0 al-Fakihi, fol. 296b; and see al-Azraqi, p. 257; Amin Mahrniid Khattab, Fat/:! al-malik al-mdbiid, 1: 200-2; Ibn Abi Shayba, 4:96; al-Bayhaqi, al-Sunan al-kubra, 5: 72-3. 21 especially the fact that they withheld their payment of fay'.8! 'Ali b. al-Husayn cursed al-Mukhtar, after his death, at the door of the Ka'ba.82 Some traditions narrate details of the behavior of certain persons in the tawat who did not conform to this requirement of awe and solemnity in the holy place. Sa'id b. Jubayr used to talk during the (awllf and even to laugh," 'Abd al-Rahman b. 'Awf was seen to perform the tawaf wearing boots and singing hida' tunes. When rebuked by 'V mar he replied that he had done the same at the time of the Prophet and so 'V mar let him gO.84 Al-Fakihi records certain frivolous conversations which took place during the tawat, which may indeed be considered coarse and were certainly out of place in the sanctuary." But groups of people engaged in idle talk during the tawat were reprimanded. 'Abd al-Karim b. Abi Mukhariq" strongly reproved such talk; al-Muttalib b. Abi Wada'a" was surprised when he came to Mecca after a period of stay in the desert and saw people talk during the tawat. "Did you turn the tawaf into a meeting place," he asked," The "arabization" of the tawat is evident from an utterance attributed to the Prophet making it unlawful to talk in Persian during circumambulation. 'Vmar gently requested two men who held a conversation in Persian during the tawat to turn to Arabic," Reciting verses of the 81 82 83 84 85 86 87 88 89 al-Fiikihi, fol. 296b. al-Fakihi, fol. 296b. al-Azraqi, p. 259; Mubibb aI-Din al-Tabari p. 273; al-Fakihi, fol. 293b, sup. Niir al-Din al-Haythami, 3: 244. See al-Fakihi, fol. 293a (the remark of Husayn b. 'Ali about the buttocks of Mu'awiya during the (awaf ; and see fol. 294a: al-Sa'ib b. Sayfi and his talk with Mu'awiya about Hind). See on him Ibn I:Iajar, Tahdhlb, 6: 376-378, no. 716; aI-Fast, al-Tqd, 5: 480, no. 1856. See on him al-Fasi, al-'/qd, 7: 218, no. 2469. al-Azraqi, p. 260; Mubibb al-Din al-Tabari, p. 278. al-Fakihi fol. 291b (dhikru karahiyati l-kaliimi bi-l-farisiyyati [i l-(awaf); see the tradition about 'Umar: 'Abd al-Razzaq, 5: 496, no. 9793; cf. al-Turtiishl, al-Hawaditb wll-l-bida', ed. Muhammad Talbi (Tunis: 1959), p. 104. 22 Qur'an during the t awaf in a loud voice was disliked and considered a bad innovation tmuhdath): the Prophet is said to have asked 'Uthman to turn to dhikru llah from his qirixa. Nevertheless certain groups of scholars permitted the recitation of verses from the Qur'an.?" The problem of the reciting of poetry during the tawat is complicated. The Prophet is said to have told Abii Bakr who recited rajaz verses during the circumambulation to utter allahu akbar instead. This injunction of the Prophet seems to have been disregarded. Ibn 'Abbas, Abii Sa'id al-Khudri and Jabir b. 'Abdalliih used to talk during the (awaf and recite verses," A report on the authority of 'Abdallah b. 'Umar says that the Companions used to recite poetry to each other ty at an ash adicn) during the circumambulation/" The argument in favor of the lawfulness of the recitation of poetry during (a wa] was based on the precedent of 'Abdallah b. Rawaha who had recited his verses during the Prophet's tawat in the year A.H. 7 ('umrat al-qadii): Khallii bani Lrkutfiu: 'an sabilih ...3 Also during the fawaf 'A'isha discussed with 9 some women of Quraysh the position of Hassan b. Thiibit and spoke in his favor, mentioning his verses in defense of the Prophet; 94 Hassan, some traditions say, was aided by the angel Jibril in composing seventy verses in praise of the Prophet." Al-Nabigha al-Ja'di recited his verses in the mosque of Mecca, praising Ibn al-Zubayr and asking for his help at a time of drought." Ibn al-Zubayr asked, during the tawat, a son of Khiilid 90 Ibn Abi Shayba, 4: 10; Al-Azraqi, p. 258; al-Fakihi, fols, 295b-296a; and see the survey of the different opinions: Ibn Zuhayra, pp. 129-30; al-Majlisi, 99: 209, no. 19. 91 al-Fiikihi, Col.307b. 92 al-Fakihi, Col.307b. 93 al-Wiiqidi, p. 736; Niir aI-Din al-Haythami, 8: 130; al-Fiikihi, Col. 307a; al-Muttaqi l-Hindi, 5: 95, no. 745. 94 al-Azraqi, p. 257; Ibn 'Abd al-Barr, al=l stl'ab, ed. 'Ali al-Bajiwi (Cairo: 1380/1960), 1: 347; al-Fiikihi, Col.307b. 95 al-Fiikihi, Col.307b. 96 Maria Nallino, Le Poesie di an-Niibigah al-Ga'di (Rome: 1953), p. 137 (IX) (and see the references of the editor); al-Fakihi, Col.307b inf, 308a. 23 L. Ja'far al-Kilabi to recite some verses of his father against Zuhayr (b. Jadhima al-'AbsD. "But I am in a state of ihram; argued the son of Khiilid. "And so am I," said Ibn al-Zubayr and urged him to recite the verses. He responded and quoted the verse: "And if you catch me, kill me _" tPa-tmma takhudhiini ja-qtuliini: wa-in aslam [a-laysa ilii l-khuliaii). Ibn al-Zubayr sadly remarked that this verse suited his position in relation to the Banii Umayya,?? Sa'id b. Jubayr recalled having heard during the iawa] the verses of a drunkard who prided himself on the fact that he would not refrain from drinking wine even in old age," An old woman recalled verses composed about her beauty in her youth." There are moving verses composed by devoted sons, who carried on their backs their old mothers during the tawat and supplications by women asking God to forgive them their sins. Poets had the opportunity to watch women doing their tawa] and composed verses extolling their beauty.l'" The wearing of a veil by women performing the fawiit was the subject of a heated discussion among scholars who used as arguments the contradictory utterances attributed to the Prophet and quoted as precedents the fawiit of his wives.'?' Another important problem was whether men and women could lawfully perform the tawat together. According to one tradition women used to perform the fawiit together with men in the early period. The separation of women from men was first ordered by Khiilid b. 'Abdallah al-Qasri.l'? Al-Fakihi remarks that this injunction was aI-Fiikihi, fo1. 307b; and see a different version of this verse Aghani (Biiliiq), 10: 12. 98 al-Fakihi, fo1. 308a; and see the verses: Yiiqiit, Mu'jam al-buldan, s.v. Amaj; and see Ibn Abi l-Dunya, Dhamm al-muskir, al-Zahiriyya, Majmii'a 60, fo1. 8a (Sa'Id b. Jubayr changes the text of the verse from wa-kana kariman fa-lam yanzi into wa-kana shaqiyyan fa-lam yanzi). 99 aI-Fiikihi, fo1. 308a. 100 aI-Fiikihi, fols. 307b-3IOa. 101 al-Shiifi'i, 2: 127; al-Azraqi, p. 260; aI-Fiikihi, fols. 296a-297a; Niir aI-Din al-Haythami, 3: 219-20; Ibn Zuhayra, pp. 133 uIl-I34. 102 aI-Azraqi, pp. 265-6; aI-Fiikihi, fols. 299a ult.-299b; Muhibb al-Din al-Tabari, pp. 319-20; al-Qastallani, 3: 172-3; Ibn Hajar, Fath al-bari, 3: 384-5; Ibn Zuhayra, p. 127; al-Fasi, al-T qd, 4: 273. 97 24 received with approval and people conformed to it until al-Fakihi's own time. Two other decrees of al-Qasri continued to be observed by the people of Mecca: takbir during the ceremony of tawai in the month of Ramadan and a special arrangement of rows of men around the Ka'ba.103 The separation between men and women in the mosque of Mecca was carried out by the governor 'Ali b. al-Hasan al-Hashimi as late as the middle of the third century by drawing ropes between the columns of the mosque; the women sat behind the ropes,'?' At the beginning of the third century (about 209) the governor of Mecca under al-Ma'miin, 'Ubaydallah b. al-Hasan al-Tiilibi.l'" ordered a special time to be set apart for the women's tawilf after the afternoon prayer; men were not allowed to perform the tawa] at that time. This regulation was implemented again by the governor of Mecca, Ibrahim b. Muhammad about A.H. 260.106 These changes in the ceremony of the iawat seem to point to a considerable fluctuation of ideas and attitudes among the rulers and the orthodox in connection with the sanctuary and the form of the tawa]. The new arrangements, which were apparently meant to grant the haram more religious dignity and sanctity and to turn the tawilf into a solemn ceremony with fixed rules, may be compared with some peculiar customs practised in the early t awa], as recorded by al-Fakihi, The passage given by al-Fakihi begins with 103 al-Fakihi, fol. 432a (and see ibid., fol. 439b, lines 5-7 and fol. 354b: dhikru idiirati l-saffi [i shahri ramadana wa-awwalu man [dalahu wa-awwalu man ahdatha l-takbira bayna t-t ariiwibi hawla l-bayti fi shahri ramadana wa-tatsiru dhiilika); al-Zarkashi, I'lamu l-saiid bi-ahkami l-masiiiid, ed. Abii I-Wafii Mustafa I-Mariighi (Cairo: 1385),p. 98; al-Fiisi, al-'Jqd, 4: 272, 276 sup; al-Shibli, Mal;lasin al-wasdll [i mdrifaii I-awa'il, MS. Br. Mus., Or. 1530,fols.38b-39a, 41b-42a. 104 al-Fakihl, fol. 443a; al-Fiisi, al-'J qd, 6; 151, no. 2050 (quoted from al-Fiikihi); idem, Shifa' al-gharam (Cairo), 2: 188 (quoted from al-Fiikihi); Ibn Zuhayra, p. 300 inf. (quoted from al-Fakihi), 1J5 See on him Waki', Akhbiir al=qudiu, ed. 'Abd al-'Aziz Mustafa al-Mariighi (Cairo: 1366/1947), 1: 257-258; Ibn Zuhayra, p. 297. 106 al-Fiikihi, fol. 443a; al-Fasi, al-Tqd, 3: 247-8, no. 720 (quoted from al-Fiikihn. 25 a rather cautious phrase: wa-qad zaama badu ahli makkata, which clearly expresses a reservation on the part of the compiler. In the old times (kanu fima mada) when a girl reached the age of womanhood her people used to dress her up in the nicest clothes they could afford, and if they were in possession of jewels they adorned her with them; then they introduced her into the mosque of Mecca, her face uncovered; she circumambulated the Ka'ba while people looked at her and asked about her. They were then told "This is Miss so and so, the daughter of so and so," if she was a free-born person. If she was a muwallada they said: "She is a muwallada of this or that clan." Al-Fakihi remarks in a parenthetical phrase that people in those times had religious conviction and trustworthiness iahlu dinin wa-amanatin) unlike people of his day, whose manner of belief is obnoxious (laysu 'ala ma hum 'alayhi min al-madhahibi l+makriiha), After the girl had finished her tawat she would go out in the same way, while people were watching her. The purpose of this practice was to arouse in the people the desire to marry the girl (if she was free-born) or to buy her (if she was a muwallada). Then the girl returned to her home and was locked up in her apartment until she was brought out and led to her husband. They acted in the same way with slave-maidens: they led them in the tawa; around the Ka'ba clad in precious dresses, but with their faces uncovered. People used to come, look at them and buy them. Al-Awza'I asked 'Ala' (apparently Ibn Abi Rabah) whether it was lawful to look at maidens who were led in tawaf around the Ka'ba for sale; 'Ala' objected to this practice except for people who wanted to buy slave-girls,"? This report is corroborated by a story recorded by Ibn Abi Shayba, according to which 'A'isha dressed up a maiden, performed the iawat with her and remarked: "We may perhaps succeed in catching (literally: hunting) a youth of Quraysh" (scil, for 107 al-Fiikihi. fol. 309b. 26 the girO.los 'Umar is said to have encouraged the selling of slave-maidens in this manner.l'" All these reports - al-Fakihi's reference to "people with religious conviction and trustworthiness," al-Awza'i's inquiry, 'Ata"s answer, 'A'isha's story - seem to reflect t awai customs prevailing in the early period of Islam, in all likelihood during the first century of the Hijra. The reports indicate a certain informality and ease of manners. All this was bound to change if the haram was to acquire an atmosphere of sanctity and veneration. The early informality and intimacy can be gauged from a number of traditions concerned with the daily behaviour of the faithful in the mosque of Mecca. Ibn al-Zubayr passed by a group of people who were eating their meal in the mosque and invoked upon them his benediction. Abu Nawfal b. Abi 'Aqrab"? saw Ibn 'Abbas there eating roasted meat with thin bread; the fat dripped from his hands. A broth of crumbled bread used to be brought to Ibn al-Zubayr in the mosque. One day a boy crawled towards it and ate from it; 'Abdallah b. al-Zubayr ordered the boy to be flogged. The people in the mosque, in their rage, cursed Ibn al-Zubayt/" A similar problem was whether it is lawful to sleep in the mosque of Mecca. Scholars arguing for it quoted the precedent of the Prophet whose isrii took place (according to the report of Anas b. Malik) from the mosque of Mecca where he had slept'" Another 108 al-Musannaf, 4: 410; Lisan al+Arab, s.v. sh-w-f; Ibn al-Athir, al-Nihaya, s.v. sh-w-f. 109 Ibn Abi Shayba, 4: 411 ('Umar remarks, however, that girls should not be compelled to marry ugly [or mean; in text dhamim ; but probably damiml men; "the girls Iike in this matter what you like," he said}, cf. Ibn Ra's Ghanama, Maniiqil al-durar Ii mana bit al-zahar, MS. Chester Beatty 4254, fol. 19b: qala 'umaru: ia yuzawwijanna l-rajulu bnatahu l-qablha [a-innahunna yarghabna lima targhabiin. 110 See on him Ibn I:Iajar, Tahdhib, 12: 260. Ill al-Fiikihi, fo!. 355b: dhikru l-akli fi l- masjidi l-harami wa-l-ghada flhi ; and see al-Turtfishl, pp. 106-8; al-Zarkashi, l'liim al-sajid, pp. 329-30. 112 al-Fiikihi, fol. 355b. 27 argument in favor of sleeping in mosques was mentioned by Sulayman b. Yasar,"" when questioned by al-Harith b. 'Abd al-Rahman b. Abi Dhubab: 114 "How do you ask about it, said Sulayman, knowing that the ashab al-suita slept in the mosque of the Prophet and prayed in it." 115 Ibn 'Umar used to sleep in the mosque (of Medina) in the Prophet's Iifetime.'" When Thabit (al-Bunani) consulted 'Abdallah b. 'Ubayd b. 'Umayr"? whether to turn to the amir in the matter of the people sleeping in the mosque of Mecca, 'Abdallah bade him not to do that, quoting the opinion of Ibn 'Umar who considered these people as 'akifun, people praying in seclusion. The pious Sa'id b. Jubayr used to sleep in the mosque of Mecca. 'Ata' b. Abi Rabah spent forty years in the mosque of Mecca, sleeping there, performing the tawat, and prayingJ" In a conversation with his student Ibn Jurayj he expressed a very favourable opinion about sleeping in mosques. When 'Ata' and Sa'id b. Jubayr were asked about people sleeping in the mosque of Mecca who have night-pollutions they nevertheless gave a positive answer and advised them to continue to sleep in the mosque. In the morning, says a tradition, Sa'id b. Jubayr used to perform the tawiif, wake up the sleepers in the mosque, and bid them recite the talbiya. These reports quoted from a chapter of al-Fakihi entitled Dhikru l-nawmi fi I-masjidi l-harami wa-man rakhkhasa iihi wa-man karihahu'" give some insight into the practices in the 113 114 115 116 See on him Ibn Hajar, Tahdhib, 4: 228, no. 381. See on him ibid.• 2: 147, no. 249; al-Dhahabi, 1: 437, no. 1629. al-Turtiishi, p. 105. al-Zarkashi, l'liim al-sajid, p. 307; al-Turtiishi, p. 105;al-Mariighi, Tahqiq ai-nusra bi-talkhis mdiilim diiri l-hijra, MS. Br. Mus.• Or. 3615, fo1. 50a. 117 See on him al-Bukhiiri, al-To'rikn al=kablr, 31, no. 430; Ibn Hajar, Tahdhib, 5: 308, no. 524. 118 Cf. al- Turtiishi, p. 105. 119 Ta'rikh Makka, fo1. 355b-356a; al-Zarkashi, I'liim al-saiid, pp. 306-8, 317-18; Mubibb al Din al-Tabari, pp. 659-60, nos. 30-31; al-Majlisi, 99: 240, no. 1; about the odious impurity which causes bad smells see al-Fakihi, fo1. 357b, ult.-358a idhikru irsiili l=rihi [i l-masiidi l-harami); al-Zarkashi, l'lam ai-sajid, pp. 313-14; cf. about a superstitious belief 28 mosque of Mecca in the early period of Islam and help us to understand the ideas about ritual and the sanctity of the haram current at the time. Of special interest are some customs of t aw a] and include hardships, rigid self-exertion and self-castigation. Tradition tells about people who vowed to perform the fawaf while crawling's? or fastened to each other by a rope,'?' or being led with a rope threaded through a nose-ring.F' Tradition reports that the Prophet and his Companions unequivocally condemned these practices, prohibited them and prevented the people from performing the tawat in this way. It is obvious that these usages reflected the Jahiliyya ideas of self-imposed harshness, of vows of hardship and severe practices. These went contrary to the spirit of Islam which, while transforming it into an Islamic ritual, aimed to give the tawat its own religious values. Ibn Hajar is right in tracing back the prohibited forms of (awat to their Jahili source,'> Similar to these vows of self-exertion during the tawa! are the vows of hardship during the hajj. The traditions tell about men who vowed to perform the hajj on foot. Some women vowed to perform the hajj walking, or with faces uncovered, or wearing coarse garments, or keeping silent.124 The Prophet passed censure on h a i j which 120 121 122 123 124 among common people in Egypt: 'Ali Mahffiz, al-Ibdii' fi (Cairo: 1388/1968), p. 454. al-Fakihi, fol, 297a; al-Azraqi, p. 261; 'Abd al-Razzaq, 8: 457, no. 15895. al-Pakihi, fol, 297b; al-Azraqi, p. 261; 'Abd al-Razzaq, 8: 448, no. 15862; al-Bayhaqi, al-Sunan al-kubra, 5:88; al-Qastallani, 3: 173-4; al-Hakim, al-Mustadrak, 1: 460; Ibn l;Iajar, Fath al-bari, 3: 386-7; Muhibb aI-Din al-Tabari, p. 319, no. 73. al-Fakihi, fo!. 297b; 'Abd al-Razzaq, 8: 448, nos. 15860-15861,11:292, no. 20572; Lisan al-'Arab, s.v. z-m-m-, kh-z-m. Fath al-bari, 3: 386. al-Tabawi, Sharb maani, 3: 128-132; Yiisuf b. Miisii al-l;Ianafi, 1: 260-2; al-Suyfiti, al-Durr al-manthiir, 1: 351-2; idem, Ta'rikn al-khulaia', ed. Muhammad Muhyi I-Din 'Abd al-Hamid (Cairo: 1371/1952), p. 99; al-Shatibl, al-I'tisam (Cairo: n.d.), 2: 52; Bahshal, Ta'rikn Wasil, ed. current madarr al-ibtidii 29 these practices, emphasizing that God does not heed (literally: does Lot need) vows by which people cause harm and suffering to themselves. These practices recall certain customs observed by the Bums which therefore had to be abolished in Islam. It may however be remarked that some early Muslim ascetics or pious men used to perform the hajj on foot, or vowed not to walk under a shade during their hajj.125 It is true that the outer form of these practices recalls the old Jahiliyya ones; there is however a clear line which has to be drawn between them: the devotional practices of the pious Muslims are different in their content and intention; they are undertaken out of a deep faith and performed for God's sake. These practices of the pious gained the approval of the orthodox circles and were considered virtuous. This attitude is clearly reflected in a haditb attributed to the Prophet: 'The advantage of the people performing the hajj walking over those who ride is like the advantage of the full moon over the stars."126 Fasting on the Day of 'Arata gave rise to another important controversy. The contradictory traditions and reports are arranged in Fakihi's compilation in two chapters: the one encouraging the Gurguis 'Awwiid (Baghdad, 1387/1967), p. 231; Ibn Sa'd, 8: 470; al-Bayhaqi, al-Sunan al-kubra, 10: 76; al-Fasawi, fol. 157b; Ibn 'Abd al-Hakarn, p. 294; aI-Muttaqi l-Hindi, 5: 341, no. 2265, 449, no. 2507; Ahmad b. Hanbal, Musnad, 11: 7, no. 6714; al-Tayalisi, p. 112, no. 836; al-Tahawl, Mushkil at-iuhar, 3: 37-41; 'Abd al-Razziiq, 8: 438, no. 15825, 448, no. 15863; al-Fiikihi, fols. 315a-b; Ibn Daqiq al-'ld, pp. 310-11,nos. 791-793. (And see al-Fiikihi, fol. 511b:the story of the woman who vowed to perform the pilgrimage in silence if God would help to reconcile the fighting factions of her tribe. Abu Bakr, ordering her to discontinue her silence, remarked: takallami, fa-inna I-islam a hadama ma kana qabla dhalika); al-Tusi, Amali (Najaf: 1384/1964),1: 369. 125 Ibn Abi I-Dunyii, al-Tawba, MS. Chester Beatty 3863, fol. 17b; Bahshal, p. 167; al-Khuwiirizmi, Mukhtasar ithiirati l-targhib wa-l-tashwiq ila l-masiijidi l-thaliuhati wa-ila l-bayti l-'atiq, MS. Br. Mus., Or. 4584, fol. 8a-b. 126 al-Fiikihi, fols. 321b-322a idhikru l-mashyi fi I-hajji wa-f adlihi): al-Khuwiirizmi, fol. 8b: wa-li-l-mashi [adlun 'ala l-rakibi ka-fadli laylati l-qadri 'ala sa'iri l-layali, 30 faithful to fast on this day, the other reporting about Companions who refrained from fasting,'?" According to a tradition of the Prophet the sins of a man who fasts on the Day of 'Arafa will be remitted for a year;128 another version says two years,"? a third version a thousand days.130The list of persons who did fast includes also 'A'isha, who emphasized the merits of fasting on that day. The opponents who forbade fasting on that day based their argument on accounts and evidence that the Prophet had broken the fast on the Day of 'Arafa,!" 'Umar,132 his son 'Abdallah and Ibn 'Abbas prohibited fasting.l" In another version Ibn 'Umar stressed that he performed the pilgrimage with the Prophet and the three first caliphs; none of them fasted on the Day of 'Arafa, He himself did not fast, but did not explicitly enjoin either eating or fasting.P' The 127 aI-Fiikihi, fois. 528a-529a (dhikru sawmi yawmi 'araf a wa-f adli siyamihi ; dhikru man lam yasum yawma 'arafa makhiifata l-du'fi 'ani l-du'a); Ibn Abi Shayba, 4: 1-3, 21, 3: 104; al-Tahawi, Mushkil, 4: lll. 128 aI-Fiikihi, fol. 528a, ult.; al-Mundhiri, 2: 236, no. 1463; Ibn Abi Shayba, 3: 97; al-Tahawi, Shorb maiini, 2: 72; al-Bayhaqi, al-Sunan al-kubra, 4: 283. 129 aI-Fiikihi, fois. 528a, inf., 528b; al-Tabaranl, I: 255, 2: 71; Bahshal, p. 276; al-Mundhiri, 2: 236; 7 nos. 1461-1462,1464-1465, 1467-1468; Muhibb aI-Din al-Tabari, p. 403; Ibn Abi Shayba, 3: 96-97; al-Tahawl, Sharb maiini, 2: 72; idem, Mushkil, 4: 112; al-Shawkiini, Nayl, 4: 267, no. 2; al-Bayhaqi, ai-Sunan al-kubra, 4: 283, 130 al-Mundhiri, 2: 237, no. 1466; aI-Fiikihi, fol. 528b; al-Suyiltl, al-Durr ai-manthia, 1: 231 (another version 1,000 years). 131 Mus'ab b. 'Abdallah, Hadith, MS. Chester Beatty 3849/4, fol. 4Oa; Abu 'Umar, GhuIiim Tha'Iab, Juz', MS. Chester Beatty 3495, fol. 97a; aI-Fiikihi, fol. 528b; al-Shawkiini, Nayl, 4: 267, no. 4; al-Bayhaqi, al-Sunan al-kubra, 4: 283-4; al-Suyiiti, al-Durr al-manthia, 1: 231. 132 al-Bukhiiri, al-Ta'rikh al-kabir, 32, no. 1600. 133 al-Fakihi, fol. 529a; Ahmad b. Hanbal, al-Tlal, 1: 286, nos. 1849, 1852; aI-Khatib al-Baghdiidi, Mudil), 2: 338-9; al-Pasawi, fol. 61a; cf. Abu Nu'aym, 7: 164; Mubibb aI-Din al-Tabari, p. 404. 134 Abu 'Ubayd, Gharib al-haditn 3: 4; aI-Khatib al-Baghdiidi, Mudil), 1: 434; al-Tahawl, Shorb mdiini. 2: 72; Muhibb al-Din al-Tabarl, p. 404 (and see ibid., p. 405 inf.); al-Shawkiini, Nayl, 4: 268; al-Suyiitl, al-Durr al-manthiir, 1: 231; Ibn Kathir, al-Bidaya wa-l-nihaya (Beirut, al-Riyad: 1966), 5: 174. 31 conciliatory interpretation assumed that the prohibition of fasting referred to the people attending 'Arafa; but people not present on that Day of 'Arafa may fast, and are even encouraged to fast.!35 The reason given for not fasting on that day in 'Arafa was the care for the pilgrims, who might be weakened by the fast and prevented from properly performing the du'ji' and dhikr, which are the most important aims of the pilgrims staying at 'Arafa.136 The transfer of some rites performed at 'Arafa to the cities conquered by the Muslims is of special interest. This practice was introduced in Basra by 'Abdallah b. 'Abbas'" and by 'Abd al-'Aziz b. Marwan in Fustat.138 the Day of 'Arafa people used to gather On in the mosques to invoke and to supplicate. When Ibn 'Abbas summoned the people to gather in the mosque he argued that he wished that the supplications of the people may be associated with those attendant at 'Arata and that God may respond to these supplications; thus they would share God's grace with the attendants 135 al-Tahawi, Sharb mdimi, 2: 72; idem, Mushkil 4: 112; Abii Nu'ayrn, 3: 347; al-Fasawi, fol. 32b; al-Shawkiini, Nayl, 4: 267, no. 3; al-Bayhaqi, al-Sunan al-kubra 4: 289; Yiisuf b. Miisii al-Hanafi, 1: 152; al-Suyiiti, al-Durr al-manthiir, I: 231. 136 al-Fakihl, fol. 529a; cf. Muhibb al-Dln al-Tabari, p. 405, lines 3-7 '(fasting on the Day of 'Arafa is not favored for people performing the pilgrimage; it is however encouraged for people not performing the hajj. See the compromise-recommendations of al-Mundhiri, 2: 238: "; there is nothing wrong in fasting, if it does not weaken him in his du'a' ... for the pilgrims it is preferable to break the fast ...•.See the story of Ibn Wahb, who broke the fast at 'Arafa because he was occupied by the thought of breaking the fast: al-Qadi 'Iyiid, Tartib al-madiuik, 1, 430; and see on this subject: al-Shawkiini, Nayl 4: 269). 137 See al-Quda'i, Ta'rikh, MS. Bodley, Pococke 270, fol. 67b (quoted from al-Jahiz's Nazm al-qur'iinr; al-Qalqashandi, Ma'athir ai-inaia [i maalim al-khilafa, ed. 'Abd al-Sattiir Ahmad Farriij (Kuwait: 1964), 1: 129; Muhibb al-Dln al-Tabarl, pp. 387 inf.-388 sup; al-Fasawi, fol. 16a: ._ haddathanii abu 'awana, qiil a: ra'aytu I-has an a kharaja yawma 'oraf a min al-maqsiirau ba'da I-'asri [a-qaada fa-'arrafa; al-Bayhaqi, al-Sunan al-kubra 5: 117 inf.; see S.D. Goitein, Studies in Islamic History and Institutions (Leiden; 1966),-p. 137. 138 al-Kindi, Wulat ut», ed. Husayn Nassar (Beirut: 1379/1959),p. 72. 32 at 'Arafa.P" Mus'ab b. al-Zubayr introduced this innovation in Kiifa.140 Some pious Muslims participated in these gatherings, others considered them as bid'ar" The tarit in Jerusalem is linked in some sources with 'Abd al-Malik, who is accused of having built the Dome of the Rock in Jerusalem in order to divert the pilgrimage from Mecca to Jerusalem, since 'Abdallah b. al-Zubayr, the rival caliph in Mecca, forced the pilgrims to give the oath of allegiance. When the Dome of the Rock was built people used to gather there on the Day of 'Arafa and performed there the wuqufr" So the bid'a of wuqid in Jerusalem arose. Al-Turtiishi describes a gathering of the people of Jerusalem and of its villages in the mosque, raising their voices in supplications. They believed that four "standings" twaqafiu) in Jerusalem were equal to a pilgrimage to Mecca.r" Ibn Taymiyya, of course, strongly censured this innovation.r" It is evident that the idea behind the ta'rit is that it is possible to transfer sanctity from 'Arafa to another sanctuary where the rites of 'Arata are being performed on the same day, or that one may share in the blessing of 'Arafa through the performance of certain devotions at the same time as they are done at 'Arafa (as is the case with the supplications in the tdrit mentioned in note 139 above), or the notion that two sanctities may be combined as indicated in the tradition about Zamzam visiting Sulwan on the night of 'Arafa.!" The idea of transfer of sanctity is clearly reflected in a 139 al-Mawsili, Ghiiyat al-wasiiil ila mdrifati l-awail, MS. Cambridge Qq 33 (10), fol. 153a. 140 al-Suyiiti, al-Durr al-manthia, 1: 231 inf. 141 Ibn Kathir, al-Bidiiya, 9: 307; al-Turtiishi, pp. 115-16;al-Suyiiti, al-Durr al-manthiir, 1: 231 info 142 al-Quda'I, fol. 67b; al-Qalqashandi, 1: 129. 143 al-Turtiishi, pp. 116-17. 144 Majmu'at al-rasall al-kubrii (Cairo: 1323), 2: 57; Jamiil a-Din al-Qiisimi, I slab- al-masaiid min al-bidd wa-l-'awa'id (Cairo: 1341), p. 215 (from Ibn Taymiyya), 145 al-Muqaddasi, line 11. Ab-san al-taqasim, ed. M.J. de Goeje (Leiden: 1906), p. 171, 33 Shi'i tradition in which a Shi'i adherent asks the imam Ja'far al-Sadiq whether he may perform the to'rii on the grave of Husayn if the opportunity to perform the hajj (scil, to Mecca) escapes him. The imam enumerates in his answer the rewards for visiting the grave of al-Husayn on common days and those for visits on feasts, emphasizing that these rewards are multiplied for a visit on the Day of 'Arafa, This visit is equal in rewards with a thousand pious pilgrimages to Mecca and a thousand 'umr a accepted by God and a thousand military campaigns fought on the side of a prophet or a just imam. The adherent then asked, how he could get a reward similar to that of the mawqii (of 'Arata), The imam looked at him as if roused to anger and said: "The believer who comes to the grave of al-Husayn on the Day of 'Arafa, washes in the Euphrates and directs himself to the grave, he will be rewarded for every step as if he had performed a hajj with all due rites." The transmitter recalls that the imam did say: "and [took part in] a military campaignr" Some changes of ritual were attributed to the Umayyads and sharply criticized by orthodox scholars. A number of innovations of this kind are said to have been introduced by Mu'awiya, It was he who refrained from the takbir on the Day of 'Arafa, because 'Ali used to practise it.147 He forbade the loud recitation of the talbiya at 'Arafat, and people obeyed his order; then Ibn 'Abbas ostentatiously came forth and uttered the talbiya loudly,':" It was Mu'awiya who transformed a place where the Prophet had urinated into a place of prayer.v" and invented iahdatha) the adhan in the saliu a[-'idayn.150 He changed the order of the ceremony of the 'id peculiar 146 Ibn Biibawayh, Amali i-sadiu; (Najaf: 1389/1970),pp. 126-7. 147 aI-Fiikihi, fol. 529a. 148 Mubibb al-Din al-Tabari, p. 403; al-Hakim, al-Mustadrak, 1: 464 inf.-465; al-Muttaqi aI-Hindi, 5: 79, nos. 646, 648. 149 Muhibb al-Din al-Tabari, p. 417; Amin Mahmiid Khattab, Fatb al-malik al-mdbisd, 2: 59 inf.-60, lines. 1-7; aI-Fiikihi, ·fol. 531a,sup. 150 al-Suyiiti, Ta'rikh al-khulafa', p. 200. 34 al-adha and ordered the khutba to be delivered before the prayer.P' He was also the one who banned the tamattu' pilgrimages.P? Changes of this kind were recorded as wicked innovations of the impious Umayyad rulers. The inconsistencies of the usages, customs and ritual practices of the early period of Islam are reflected in almost every subject dealt with in the early sources of hadith. Opinions divergent and contradictory are expressed about the sutra which has to be put in front of the praying Muslim and whether a dog or a donkey or a woman passing by invalidates the prayer-" Scholars differ in their opinions as to whether the form of sitting during the prayer called iq'a' is permitted.P' whether the prayer by a believer clad in one garment ithawb) is valid.!" and whether counting of the tasbib by pebbles is allowed!" Some of the subjects dealt with in the early hadiths lost their actuality and relevance. It is however a special feature of Muslim haditn literature and haditn criticism that some of these themes reappear and are discussed even in our days. Thus, for instance, the contemporary scholar Nasir al-Din al-Albani examines 151 al-Shibli, Maf)asin al-wasdil, fol. 120a; al-Suyiiti, Ta'rikh al-khulafd, p. 200. 152 al-Muttaqi aI-Hindi, 5: 88, no. 708; al-Shibli, MahQsin al-wasdil, fol. 119b (and see above notes 48, 50); and cf. the wicked innovations of al-Hajjij Abii Tiilib al-Makki, 2: 53-4. 153 al-Hakirn, al=Mustadrak, 1: 251-2; Niir al-Din al-Haytharni, 2: 59-62; al-Fakihi, fol. 481a inf.; al-Fasawi, fol. 217b; Ibn Abi Shayba, 1: 276-83; 'Abd al-Razzaq, 2: 9-38, nos. 2272-2396; al-Tahawi, Sharf) maani, 1: 458-64; al-Muttaqi l-Hindi, 8: 132-8, nos. 946-989; al-Zarkashi, al=l iaba, pp. 66, 84. 154 Ibn Abi Shayba, 1: 285; 'Abd al-Razzaq, 2: 190-7, nos. 3024-3053; and see Ibn al-Athir, al-Nihiiya, s.v. q-'-a, '-q-b. 155 al-Tal)iiwi, Sharf) maani, 1: 377-83; al-Shawkiini, Nayl, 2: 83-4; Ibn Abi Shayba, 1: 310-15. 156 Ibn Abi Shayba, 2: 389-91; Ibn Abi I-ijadid, Sharf) nah] al-balagha, ed. Muhammad Abii l-Fadl Ibriihim (Cairo: 1964), 18: 164; and cf. Ahmad b. Hanbal, al-Ttal, 1: 325, no. 2122; Sa'Id b. Jubayr throws out the pebbles with which a woman counted her circlings during the the tawa]. 35 the tradition prohibiting fasting on the Day of 'Arafa for people attending 'Arata,"? He carefully analyzes the isnads, finding out their faults; he harshly reprimands al-Hakim for his heedlessness in considering the haditb sound and states that the haditb is in fact weak. He argues that the haditb about the forgiveness of sins for a period of two years for him who fasts on the Day of 'Arafa is a sound tradition; but the attached phrase about the rewards for fasting on every day of Muharram is a forged one.ISS An exhaustive scrutiny of hadiths about the counting of tasbih by pebbles is included by al-Albani in the examination of the haditb about the rosary (ai-subha).IS9 Of interest are certain traditions in which some social and cultural, as well as religious, trends are exposed. Of this kind are the traditions in which the Prophet predicted that his community would erect sumptuous mosques in the manner of Jewish synagogues and Christian churches, adorn them richly and embellish them with inscriptions. This will be the sign of decline of the Muslim community and portend the End of the Days. Traditions of the very early period of Islam reflect the opposition against arched mihrab« "Beware these altars" tittaqii hadhihi l-madhabih), followed by an explanatory comment, "he meant the mahiirib' (ya'ni l-maharib), says a tradition attributed to the Prophet,"? "My people will fare well as long as they will not build in their mosques altars 157 Na s ir aI-Din aI-AIbiini, Silsilat al=ah a d i t n al+d a'Lf a wa-l-mawdiia (Damascus: 1384),no. 404. 158 Ibid., no. 412. 159 Ibid., no. 83. 160 al-Daylami, MS. Chester Beatty 4139, fo1. 27a (al-Daylami adds: wa-kana ibriihlmu l-taymi la yusalli [i (aqi l-mihrab); al-Suyiiti, ai-Khasii'is ai-kubrii; 3: 189; al-Muniiwi, 1: 144-5, no. 153 reviews the different meanings of the word mihrab. And see the peculiar story of the Christian youth in the mihrab: al-Khatib al-Baghdadi, To'rikh Baghdad, 9: 45; al-Turtiishl, p. 94; al-Bahranl, 7: 281-5; Mahmiid Mahdi al-Miisawi al-Khawansiiri, Tuhfat al-siijid fi ahkiim al-masiijid (Baghdad: 1376), pp. 111-16.And see R.B. Serjeant, "Mii)riib," BSOAS (1959):pp. 439-53. 36 like the altars of the Christians," the Prophet foretold/?' Pious men usually refrained from praying in these mihrabs.162 Of the same kind were traditions against the adornment of mosques.'" prayers in the maqsiaa of the mosque,164 and against writing Qur'an verses on the walls of the mosque, or in the qibla of the mosque.'" These traditions should, of course, be studied against the background of the reports about the sumptuous buildings which were erected by the impious rulers and their governors and the richly decorated [ami' mosques in which delegates of the rulers led the prayer. Many a time a pious Muslim had to ask himself whether he should pray behind them, as can be deduced from the numerous traditions dealing with this subject. The few traditions reviewed in this paper clearly demonstrate the fluidity of certain religious and socio-political ideas reflected in the early compilations of hadith; as already proved by I. Goldziher. The diversity and divergence of traditions expose the different opinions of various groups of Muslim scholars. The divergent traditions are faithfully recorded in the compilations 161 al-Suyiiti, al-Khasdis al-kubra; 3: 188-9; Ibn Abi Shayba, 2: 59; and see the careful evaluation of this hadith' by Albiini, Silsila, no. 448. 162 'Abd al-Razzaq, 2: 412, no. 3898-3902; the tradition about the altars of the Christians, no. 3903; Ibn Abi Shayba, 2: 59-60 (ai-saiat Ii i-taq, man rakhkhasa l-saliu Ii Haq); Ahmad b. Hanbal, al-Tlal, 1: 64, no. 373. 163 al-Suyiiti, al-Khasdis al-kubrii, 3: 56-7; Ibn Abi Shayba, 1: 309; al-Suyiitl, al-Durr ai-manihiir, 3: 217 inf.; al-Shaybani, pp. 77-8; Abii 'Ubayd, Gharib al-hadlth, 4: 225; al-Shawkanl, No yl, 2: 167-70; idem, al-Fawii'id al-majmiia, ed. 'Abd al-Wahhab 'Abd al-Latif (Cairo: 1960), pp. 25-7; Abii Talib al-Makki, 2: 51 inf; Ibn Abi Jamra, Bahjat al-nufiis (Beirut: 1972 reprint), 1: 183; al-Sarnarqandl, Bustan ai-'arilin (on margin of Tanbih al-ghafilin) (Cairo: 1347), pp. 127-8; Yiisuf b. 'Abd al-Radi, Thimar al-maqasid [i dhikri t-masaiid, ed. As'ad Talas (Beirut: 1943), pp. 166, 170; al-Bahrani, 7: 277; al-Zarkashi, I'liim al-siijid pp. 335-8; Muhammad Mahdi al-Miisawi, pp. 87-92. 164 See 'Abd al-Razzaq, 2: 414-16, nos. 3907-3913; al-Bayhaqi, al-Sunan al-kubra, 3: 238; Abii Talib al-Makki, 2: 51 inf.; Ibn Sa'd, 7: %. 165 Ibn Abi Shayba, 2: 46; al-Turtiishi, p. 97; al-Zarkashi, I'lam al-saiid, p. 337; cf. Yiisuf b. 'Abd al-Hadi, p. 170. 37 of the second century of the Hijra with no obligatory conclusions imposed and no prescriptions issued. This activity reflects a sincere effort to establish the true path of the Prophet, the Sunna, which the believer should follow.