Surah Al-Baqara: Verse 197 - الحج أشهر معلومات ۚ فمن... - English

The Hajj Months: Prohibitions

We now move to the second verse out of the eight that deal with the rules of Hajj, which is: الْحَجُّ أَشْهُرٌ‌ مَّعْلُومَاتٌ: The Hajj is (in) the months well-known'. The word, ashhur أَشْهُرٌ‌is the plural of shahr شَھَر meaning the month. It will be recalled that in the previous verse it was said that one who enters into Ihram with the intention of doing Hajj or ` Umrah must complete it as prescribed. Out of these two, there is no fixed date or month for ` Umrah which could be done anytime during a year. But, for Hajj, the months and the dates and timings of what one must do are all fixed. It is for this reason that the verse opens with the clarification that the Hajj (unlike ` Umrah) has some fixed months which are already known. The months of Hajj have been the same from Jahiliyyah also; they are Shawwal, Dhul-Qa'dah and the first ten days of Dhul-Hijjah as it appears in the hadith as narrated by the blessed Companions Abu Umamah and Ibn ` Umar ؓ (Mazhari).

That the Hajj months begin from Shawwal means that it is not permissible to enter into the Ihram احرام of Hajj before it. According to some Imams, the Hajj would simply not be valid with a pre-Shawwal Ihram. Imam Abu Hanifah (رح) rules that the Hajj thus performed will be considered valid, but it will be makruh مکروہ (reprehensible) (Mazhar).

The verse 197, that فَمَن فَرَ‌ضَ فِيهِنَّ الْحَجَّ فَلَا رَ‌فَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ ; stresses upon the etiquette of Hajj and makes it necessary for everyone in the state of Ihram to strictly abstain from three things: rafath رَ‌فَثَ , fusuq فُسُوقَ and jidal جِدَالَ , which are being explained here in some detail.

A comprehensive word, Rafath رفَثَ includes marital intercourse, its preliminaries, including an open talk about love-making. All these things are forbidden in the state of Ihram. However, an indirect or implied reference to the act of love-making is not prohibited.

Literally fusuq means "transgression". In the terminology of the Holy Qur'an, it means 'disobedience', the general sense of which includes all sins. Early commentators have taken it here in this general sense of the word but the blessed Companion ` Abdullah ibn ` Umar ؓ has interpreted the word 'fusuq' here to mean only the acts which are prohibited and impermissible in the state of Ihram. It is obvious that this interpretation is more suitable to the occasion because the prohibition of sins as such is not peculiar to Ihram; they are forbidden under all conditions.

Things which are not sins in themselves but do become impermissible because of the Ihram are six in number. (1) Marital intercourse, its preliminaries, even love talk. (2) Hunting land game, either hunting personally or guiding a hunter. (3) Cutting hair or nail. (4) Using perfume. These four things are equally impermissible for men and women both when in a state of Ihram. The remaining two basically concern men: (5) Wearing stitched clothes. (6) Covering the head and the face. According to Imam Abu Hanifah and Imam Malik رحمۃ اللہ علیہما ، it is also not permissible for women to cover their face while in a state of Ihram, therefore, this too is included in the common Ihram prohibitions.

The first of the above six things, that is, intercourse and its correlatives, though included under fusuq, has yet been separated from it, and has been introduced separately through the word Rafath, stressing thereby the importance of abstaining from it when in a state of Ihram. This is because 'amends' can be made for the contravention of other Ihram prohibitions through kaffarah کَفَّارہ (expiation). But, should one fall into the misfortune of indulging in intercourse before the Wuquf وقوف of ` Arafat (stay in ` Arafat) Hajj itself becomes null and void and a fine in the form of a sacrifice of a cow or camel becomes obligatory and the Hajj will have to be performed all over again. Because this aspect was so important, the text has mentioned it expressly.

The word jidal' means an effort to upturn the adversary, therefore, a rough altercation or quarrel is known as jidal. This word being very general, some commentators have taken it in the usual general sense, while others, keeping in view the place of Hajj and the importance of Ihram, have particularized the sense of jidal here with a specific quarrel. In the age of ignorance, people differed about the prescribed place of Wuquf وقوف (staying). Some thought staying in ` Arafat was necessary, while others insisted that Muzdalifah was the prescribed place to stay and, therefore, did not consider going to ` Arafat as necessary. They even claimed that it was where Sayyidna Ibrahim (علیہ السلام) had stayed, Similarly, they differed in the timings of the Hajj as well. Some would do their Hajj in Dhul-Hijjah while some others would do it earlier in Dhul-Qa'dah and then, they would all quarrel among themselves around the subject and charge each other of having gone astray. The Holy Qur'an said La jidal لاجدال ، no quarrel, and put an end to all quarrels. What was proclaimed was the truth - the obligatory stay has to be made in ` Arafat, then, the necessary stay in Muzdalifah, and Hajj has to be performed in no other days but those of Dhul-Hijjah. Once the divine command is there, quarreling is forbidden.

According to this interpretation, the prohibition given in the verse is restricted to those acts only which are normally permissible, yet, they have been forbidden because of the Ihram, just as the permissible acts of eating and drinking are forbidden in the state of Fasting and Salah only.

But some commentators have taken fusuq and jidal in the general sense. According to them even though the fisq فِسق and jidal are sins, and deplorable at all places and under all conditions, but their sin becomes all the more grave in the state of Ihram. If one could think about the blessed days and the sacred land of the Haram where everyone comes to perform ` ibadah at its best with fervent chants of labbayk لَبَّیک ، telling their Lord 'Here we are at Your call', with the garment of Ihram reminding them all the time that the pilgrim is devoted to his act of ` ibadah within the sight of Allah, how could one stoop to do what is prohibited by Allah; obviously, under such condition, any act of sin or any act of entanglement with dispute turns into sinfulness at its worst.

Taking this general sense into account, one can see the wisdom behind the prohibition of obscenity, sin and quarrel as the place and time of Hajj have their peculiar conditions in which one might fall a victim to these three. There are times when one has to stay away from his family and children for a long time in a state of Ihram. Then, men and women perform Hajj rites at Mataf مطاف (the place around the Ka'bah where tawaf طواف is made) and Mas’ a مسعیٰ (place between Safa صفاء and Marwah were Sayee سعی is made) and at ` Arafat, Muzdalifah and Mina منٰی with hundreds and thousands of people coming in contact with each other. In such an enormous gathering of men and women, it is not so easy to control one's inner desires, therefore, Allah Almighty has first taken up the prohibition of obscenity. Then, since so many people are around at a given time, all deeply devoted to performing their prescribed rites, there are also occasions where sins such as theft creep in, therefore, came the instruction: la fusuq لا فسوق (no sin). Similarly, during the entire Hajj trip, there are many incidents where people could get to quarrel with each other because they are cramped for space or for some other reason. The injunction: la jidal لا جدال (no quarrel) is to eliminate such possibilities.

The eloquence of the Qur'an

The words in the verse: فَلَا رَ‌فَثَ وَلَا فُسُوقَ وَلَا جِدَالَ translated literally as 'then there is no obscenity, no sin, no quarrel ...' are all words of negation, that is, all these things are not there in Hajj, although the object is to forbid them, which could have taken the form close to saying - do not be obscene, do not be sinful and do not quarrel. But, the possible prohibitive imperative has been replaced here by words of negation and thereby the hint has been given that such doings have no place in Hajj and cannot even be imagined in that context.

After proclaiming basic Ihram prohibitions, the sentence: وَمَا تَفْعَلُوا مِنْ خَيْرٍ‌ يَعْلَمْهُ اللَّـهُ (And whatever good you do, Allah shall know it) instructs that abstaining from sins and the contravention of the Ihram during the blessed days of Hajj and at sacred places is not enough. Taking a step farther, one should consider this occasion to be something that comes once in a lifetime, therefore, it is all the more necessary that one should make an effort to stay devoted to ` ibadah عبادہ ، the Dhikr ذِکر also transliterated as 'Thikr', or 'Zikr', meaning 'remembrance' ) of Allah and good deeds. The assurance given is that every act of virtue and every demonstration of goodness from a servant of Allah shall be in the knowledge of Allah and, of course, shall be rewarded generously.

The sentence that follows immediately: وَتَزَوَّدُوا فَإِنَّ خَيْرَ‌ الزَّادِ التَّقْوَىٰ : 'And take provisions along, for the merit of provision is to abstain (from asking) ' aims to correct those who leave their homes for Hajj and ` Umrah without adequate preparation claiming that they do so because they have trust in Allah. Obviously, they have to ask for help on their way, or worse still, they themselves go through privation and suffering and in the process, bother others as well. Hence, the instruction has been given that provisions needed for the proposed trip for Hajj should be taken along. This is not against tawakkul تَوکُّل or trust in Allah; it is rather, the very essence of tawakkul تَوکُّل ، which conveys the sense that one should first acquire and collect the means and resources provided by Allah Almighty to the best of one's capability and, then, place his trust (tawakkul تَوکُّل) in Allah. This is the exact explanation of tawakkul reported from the Holy Prophet ﷺ . Forsaking all efforts to acquire means of subsistence (tark al-asbab ترک الاسباب ) and calling it tawakkul is sheer ignorance.

When does Ihram for Hajj start

Allah said:

(The Hajj is (in) the well-known months.)

This Ayah indicates that Ihram for Hajj only occurs during the months of Hajj. This was reported from Ibn `Abbas, Jabir, `Ata', Tawus and Mujahid. The proof for this is Allah's statement that Hajj occurs during known, specific months, which indicates that Hajj is not allowed before that, just as the prayer has a fixed time (before which one's prayer is not accepted).

Ash-Shafi`i recorded that Ibn `Abbas said, "No person should assume Ihram for Hajj before the months of the Hajj, for Allah said:

(The Hajj is (in) the well-known months.)

Ibn Khuzaymah reported that Ibn `Abbas said, "No Ihram for Hajj should be assumed, except during the months of Hajj, for among the Sunnah of Hajj is that one assume Ihram for it during the Hajj months. " This is an authentic narration and the Companion's statement that such and such is among the Sunnah is considered as a Hadith of the Prophet , according to the majority of the scholars. This is especially the case when it is Ibn `Abbas who issued this statement, as he is the Tarjuman (translator, interpreter, explainer) of the Qur'an.

There is a Hadith about this subject too. Ibn Marduwyah related that Jabir narrated that the Prophet said:

(No one should assume Ihram for Hajj, but during the months of Hajj.)

The chain of narrators for this Hadith is reasonable. Ash-Shafi`i and Al-Bayhaqi recorded this Hadith from Ibn Jurayj who related that Abu Az-Zubayr said that he heard Jabir bin `Abdullah being asked, "Does one assume Ihram for Hajj before the months of the Hajj" He said, "No." This narration is more reliable than the narration that we mentioned from the Prophet . In short, this statement is the opinion of the Companion, supported by Ibn `Abbas' statement that it is a part of the Sunnah not to assume Ihram for Hajj before the months of the Hajj. Allah knows best.

The Months of Hajj

Allah said:

(...the well-known months.)

Al-Bukhari said that Ibn `Umar said that these are Shawwal, Dhul-Qa`dah and the first ten days of Dhul-Hijjah. This narration for which Al-Bukhari did not mention the chain of narrators, was collected by a continuous chain of narrators that Ibn Jarir rendered authentic, leading to Ibn `Umar, who said:

(The Hajj (pilgrimage) is (in) the well-known (lunar year) months.) "which are Shawwal, Dhul-Qa`dah and the (first) ten days of Dhul-Hijjah." Its chain is Sahih. Al-Hakim also recorded it in his Mustadrak, and he said,"It meets the criteria of the Two Shaykhs."

This statement is also reported from `Umar, `Ali, Ibn Mas`ud, `Abdullah bin Az-Zubayr, Ibn `Abbas, `Ata', Tawus, Mujahid, Ibrahim An-Nakha`i, Imam Ash-Sha`bi, Al-Hasan, Ibn Sirin, Makhul, Qatadah, Ad-Dahhak bin Muzahim, Ar-Rabi` bin Anas and Muqatil bin Hayyan. This opinion was preferred by Ibn Jarir who said, "It is a common practice to call two months and a part of the third month as `months'. This is similar to the Arab's saying, `I visited such and such person this year or this day.' He only visited him during a part of the year and a part of the day. Allah said:

(But whosoever hastens to leave in two days, there is no sin on him.)

In this case, one will only be hastening for one and a half days."

Allah then said:

(So whosoever intends (Farada) to perform Hajj therein (by assuming Ihram),) meaning that one's assuming the Ihram requires a Hajj, for the person is required to complete the rituals of Hajj after assuming Ihram. Ibn Jarir said that Al-`Awfi said, "The scholars agree that (Farada) `intends' mentioned in the Ayah means it is a requirement and an obligation." `Ali bin Abu Talhah said that Ibn `Abbas said: f

(So whosoever intends to perform Hajj therein (by assuming Ihram), ) refers to those who assume Ihram for Hajj and `Umrah". `Ata' said, "'Intends', means, assumes the Ihram." Similar statements were attributed to Ibrahim, Ad-Dahhak and others.

Prohibition of Rafath (Sexual Intercourse) during Hajj

Allah said:

(He should not have Rafath)

This Ayah means that those who assume the Ihram for Hajj or `Umrah are required to avoid the Rafath, meaning, sexual intercourse. Allah's statement here is similar to His statement:

(It is made lawful for you to have Rafath (sexual relations) with your wives on the night of the fast.) (2:187)

Whatever might lead to sexual intercourse, such as embracing, kissing and talking to women about similar subjects, is not allowed. Ibn Jarir reported that Nafi` narrated that `Abdullah bin `Umar said, "Rafath means sexual intercourse or mentioning this subject with the tongue, by either men or women." `Ata' bin Abu Rabah said that Rafath means sexual intercourse and foul speech. This is also the opinion of `Amr bin Dinar. `Ata' also said that they used to even prevent talking (or hinting) about this subject. Tawus said that Rafath includes one's saying, "When I end the Ihram I will have sex with you." This is also the same explanation offered by Abu Al-`Aliyah regarding Rafath. `Ali bin Abu Talhah said that Ibn `Abbas said, "Rafath means having sex with the wife, kissing, fondling and saying foul words to her, and similar acts." Ibn `Abbas and Ibn `Umar said that Rafath means to have sex with women. This is also the opinion of Sa`id bin Jubayr, `Ikrimah, Mujahid, Ibrahim An-Nakha`i, Abu Al-`Aliyah who narrated it from `Ata' and Makhul, `Ata Al-Khurasani, `Ata' bin Yasar, `Atiyah, Ibrahim, Ar-Rabi`, Az-Zuhri, As-Suddi, Malik bin Anas, Muqatil bin Hayyan, `Abdul-Karim bin Malik, Al-Hasan, Qatadah and Ad-Dahhak, and others.

The Prohibition of Fusuq during Hajj

Allah said:

(...nor commit sin) Miqsam and several other scholars related that Ibn `Abbas said, "It is disobedience." This is also the opinion of `Ata,' Mujahid, Tawus, `Ikrimah, Sa`id bin Jubayr, Muhammad bin Ka`b, Al-Hasan, Qatadah, Ibrahim An-Nakha`i, Az-Zuhri, Ar-Rabi` bin Anas, `Ata' bin Yasar, `Ata' Al-Khurasani and Muqatil bin Hayyan.

Ibn Wahb reported that Nafi` narrated that `Abdullah bin `Umar said, "Fusuq or sin mentioned in the Ayah (2:197) refers to committing what Allah has forbidden in the Sacred Area."

Several others said that Fusuq means cursing others, they based this on the authentic Hadith:

(Cursing the Muslim is Fusuq, while fighting him is Kufr.)

`Abdur-Rahman bin Zayd bin Aslam said Fusuq here means slaughtering animals for the idols, as Allah said:

(...or impious (Fisq) meat (of an animal) which is slaughtered as a sacrifice for others than Allah.) (6: 145)

Ad-Dahhak said that Fusuq is insulting one another with bad nicknames.

Those who said that the Fusuq means all types of disobedience are correct. Allah has also prohibited committing injustice during the months of Hajj in specific, although injustice is prohibited throughout the year. This is why Allah said:

(...of them four are sacred. That is the right religion, so wrong not yourselves therein.) (9:36)

Allah said about the Sacred Area:

(...and whoever inclines to evil actions therein or to do wrong, him We shall cause to taste from a painful torment.) (22:25)

It is recorded in the Two Sahihs that Abu Hurayrah narrated that Allah's Messenger said:

(Whoever performed Hajj to this (Sacred) House and did not commit Rafath or Fusuq, will return sinless, just as the day his mother gave birth to him.)

The Prohibition of arguing during Hajj

Allah said:

(nor should there be Jidal during Hajj) meaning, disputes and arguments. Ibn Jarir related that `Abdullah bin Mas`ud said that what Allah said:

(...nor dispute unjustly during the Hajj.) means to argue with your companion (or fellow) until you make him angry. This is similar to the the opinion that Miqsam and Ad-Dahhak related to Ibn `Abbas. This is also the same meaning reported from Abu Al-`Aliyah, `Ata', Mujahid, Sa`id bin Jubayr, `Ikrimah, Jabir bin Zayd, `Ata' Al-Khurasani, Makhul, As-Suddi, Muqatil bin Hayyan, `Amr bin Dinar, Ad-Dahhak, Ar-Rabi` bin Anas, Ibrahim An-Nakha`i, `Ata bin Yasar, Al-Hasan, Qatadah and Az-Zuhri.

The Encouragement for Righteous Deeds and to bring Provisions for Hajj

Allah said:

(And whatever good you do, Allah knows it.)

After Allah prohibited evil in deed and tongue, He encouraged righteous, good deeds, stating that He is knowledgeable of the good that they do, and He will reward them with the best awards on the Day of Resurrection.

Allah said next:

(And take provisions (with you) for the journey, but the best provision is At-Taqwa (piety, righteousness).)

Al-Bukhari and Abu Dawud reported that Ibn `Abbas said, "The people of Yemen used to go to Hajj without taking enough supplies with them. They used to say, `We are those who have Tawakkul (reliance on Allah).' Allah revealed this Ayah:

(And take provisions (with you) for the journey, but the best provision is At-Taqwa (piety, righteousness).)

Ibn Jarir and Ibn Marduwyah narrated that Ibn `Umar said, "When people assumed Ihram, they would throw away whatever provisions they had and would acquire other types of provisions. Allah revealed:

(And take a provisions (with you) for the journey, but the best provision is At-Taqwa (piety, righteousness).) Allah forbade them from this practice and required them to take flour and Sawiq (a type of food usually eaten with dates) with them."

The Provisions of the Hereafter

Allah said:

(...but the best provision is At-Taqwa (piety, righteousness).) When Allah required mankind to supply themselves with what sustains them for the journeys of this life, He directed them to the necessary provisions for the Hereafter: Taqwa. Allah said in another Ayah:

(...and as an adornment; and the raiment of Taqwa, that is better.) (7:26)

Allah mentioned the material covering and then He mentioned the spiritual covering, which includes humbleness, obedience and Taqwa. He also stated that the latter provision is better and more beneficial than the former.

(So fear Me, O men of understanding!) meaning: `Fear My torment, punishment, and affliction for those who defy Me and do not adhere to My commands, O people of reason and understanding.'