'In the name of Allah, the Most Gracious, the Most Merciful' His saying, exalted and majestic is He: "In it are clear signs, the station of Ibrahim, and whoever enters it is safe. And due to Allah, upon the people is the pilgrimage to the House, for whoever is able to find a way to it. And whoever disbelieves, then indeed, Allah is Free of need of the worlds." The pronoun in His saying: "In it" refers back to the House. This is permissible even though the signs are outside of it, because the House was established in its sanctuary, and all of its virtues are in it, even if they are not within its walls. The majority of people read: "clear signs" in the plural. Ubayy ibn Ka'b, Umar, and Ibn Abbas read: "a clear sign" in the singular. Al-Tabari said: He means by saying one sign; the station alone. This was also narrated from Mujahid. Abu Muhammad, may Allah have mercy on him, said: It is possible that the verse refers to the generic name, which is close to the meaning of the first reading. The interpreters differed regarding the clear signs. Ibn Abbas said: Among the signs is the station, meaning the known stone, the place of worship, and others. This indicates that his reading of "a sign" in the singular is intended to refer to the generic name. Al-Hasan ibn Abi al-Hasan said: The clear signs are the station of Ibrahim, and that whoever enters it is safe. Mujahid said: The station is the sign, and His saying: "And whoever enters it is safe" is another statement. Abu Muhammad, may Allah have mercy on him, said: The raising of "the station" according to the saying of Al-Hasan and Mujahid is either as a substitute for "signs" or as a subject with a predicate, the estimation of which is: They are the station of Ibrahim. According to the saying of Ibn Abbas and those who follow him, it is elevated by the subject and its predicate is omitted, estimated as: Among them is the station of Ibrahim. Abu Muhammad, may Allah have mercy on him, said: It is more likely to me that the station and the safety of the one entering are made examples of what is in the sanctuary of Allah from the signs and are specified for mention due to their greatness. They are the basis for the proof against the disbelievers, as they are the ones who perceive these two signs with their senses. Among the signs of the sanctuary and the House that serve as proof against the disbelievers is the matter of the elephant, and the throwing of the birds of Allah at it with stones of baked clay. This matter has been unanimously reported by all the Arabs regarding its transmission and authenticity until Allah revealed it in His Book. Among His signs is the stopping of the tyrants from it throughout the ages. Among His signs is the Black Stone and what has been narrated about it that it is from Paradise, and what the hearts of the people have been imbued with in its veneration before Islam. Among His signs is the stone of the station, and that is because Ibrahim, peace be upon him, stood upon it when he was raising the foundations of the House as the construction prolonged. Whenever the wall rose, the stone would rise with it in the air. He continued to build while standing on it, and Ismail would hand him the stones and clay until he completed the wall. Then, when Allah, the Exalted, wanted to keep that as a sign for the worlds, He made the stone soft, and the feet of Ibrahim, peace be upon him, sank into it as if they were in clay. That great mark remains in the stone to this day. All the Arabs transmitted this in the pre-Islamic period throughout the ages, and Abu Talib said:

And the place of Ibrahim on the rock is moist under my bare feet, not wearing shoes. It has not been preserved that anyone among the people disputed this saying. Among His clear signs is Zamzam, in its spring for Hagar, by the touch of Gabriel, peace be upon him, to the ground with his heel. And in the digging of Abd al-Muttalib for it later after its disappearance, due to that famous vision, and by what sprang from the water under the hoof of his camel during his journey, to the contention of Quraysh and their dispute regarding the matter of Zamzam. Ibn Ishaq mentioned this comprehensively. Among the signs of the House is the benefit of Zamzam water for what it is drunk for, and that its water increases during the season and its abundance is extraordinary compared to the wells. Among His signs is the lasting safety in it from ancient times, and that the Arabs would raid one another and people would be taken by killing, seizing wealth, and various forms of oppression except in the Sanctuary. And upon this, the safety of animals in it and the safety of trees was established. All of this is for the blessing that Allah has endowed it with, and the supplication of the Friend, peace be upon him, in his saying, "Make this a safe city" [Al-Baqarah: 126]. The submission of the souls of the Arabs and others entirely to honoring this place without a prohibitor or restrainer is a great sign by which the proof stands, and it is that which has been interpreted by His saying, "And whoever enters it is safe." Among His signs is that it is in a valley without cultivation, and the provisions from every region come to it from near and far. Among His signs is what Ibn al-Qasim al-‘Atiqi, may Allah have mercy on him, mentioned in the rarities and others: I heard that the Sanctuary is known by the fact that no flood from the surrounding area enters the Sanctuary.

The judge Abu Muhammad, may Allah have mercy on him, said: -This, and Allah knows best- is because Allah, glorified and exalted is He, made it a high place or in its ruling to be more protected for it. The Sanctuary, as Ibn Abi Zayd narrated in the second pilgrimage of the rarities, is what is near Medina, about four miles to the end of Tan'im. And what is near Iraq is about eight miles to a place called al-Maqta. And what is near Arafat is nine miles, and what is near the road to Yemen is seven miles to a place called Adaya. And what is near Jeddah is ten miles to the end of al-Hudaybiyah. Malik said in al-‘Utbi: and al-Hudaybiyah is in the Sanctuary.

Among His signs, as mentioned by Meccans and others, is that the birds do not fly above it. And if a bird does fly above it, it is due to an illness it has, for it seeks healing at the House.

The judge Abu Muhammad said: And all of this is weak in my view, and the birds are seen flying above it. And the eagle that took the snake that was perched on its wall has indeed flown above it, and that was among its signs.

Among His signs, as mentioned by people long ago and recently, is that if rain encompasses it from its four sides in one year, the horizons of the earth become fertile. And if one side does not receive rain, that horizon which is adjacent to it does not become fertile that year.

And the people differed regarding the station of Ibrahim. The majority said: It is the known stone. Some said: The entire house is the station of Ibrahim because he built it and stood in all its corners. Some scholars said: All of Mecca is the station of Ibrahim. Others said: The entire sanctuary is the station of Ibrahim. The pronoun in His saying: "And whoever enters it" refers back to the sanctuary in the statement of those who said: The station of Ibrahim is the sanctuary, and it refers back to the house in the statement of the majority, as there was no prior mention of anything else. However, the meaning understood from it is that whoever enters the sanctuary is in safety, for the sanctuary is part of the house, as it is because of it and due to its sanctity.

And the people differed in the meaning of His saying: "was safe"; Al-Hasan, Qatadah, Ata, Mujahid, and others said: This describes a state that existed in the pre-Islamic period, that whoever committed a crime and then entered the sanctuary, he would not be pursued or sought after. However, in Islam and the safety of all regions, the sanctuary does not prevent the application of any of Allah's limits: whoever steals in it will have his hand cut off, whoever commits adultery will be stoned, and whoever kills will be killed. Many (p-293) who said this opinion preferred that the one who is sentenced to death should be taken out to the outside and killed there. Ibn Abbas, may Allah be pleased with him, said: Whoever commits a crime and then seeks refuge by the house is safe, and the matter in Islam is as it was in the pre-Islamic period, and Islam has increased the house in honor and respect. No one should confront the killer of his relative in Mecca, except that it is obligatory for the Muslims not to pledge allegiance to that criminal, nor to speak to him, nor to shelter him until he becomes restless and leaves the sanctuary, so that the limit can be applied to him. Similar statements were made by Ubaid ibn Umayr, Al-Shabi, Ata ibn Abi Rabah, Al-Suddi, and others; however, most of them said this regarding one who kills outside the sanctuary and then seeks refuge in the sanctuary. As for one who kills in the sanctuary, the limit will be applied to him in the sanctuary.

The judge Abu Muhammad said: When one contemplates the matter of this one who is not spoken to or pledged allegiance to, he is not safe.

Yahya ibn Ja'dah said: The meaning of the verse is: And whoever enters the house is safe from the Fire. Al-Naqqash narrated from some of the worshippers that he said: I was circumambulating around the Kaaba at night and said: O Lord, indeed You said: "And whoever enters it is safe"; from what is he safe, O Lord? I heard a speaker speaking to me, saying: From the Fire. I looked and contemplated, and there was no one in the place.

And His saying, the Exalted: "And it is a duty upon people to make pilgrimage to the house"... the verse is the obligation of Hajj in the Book of Allah by consensus. Malik, may Allah have mercy on him, said: Hajj is all in the Book of Allah, but as for prayer and zakat, they are part of what the Prophet, blessings and peace be upon him, explained. Hajj is one of the pillars of Islam upon which it is built according to the hadith, and the conditions for its obligation are five: maturity, sanity, freedom, Islam, and the ability to make the journey. Hajj in the language means: intention, but in the house of Allah, it is specified by actions and sayings.

Hamzah, Al-Kisai, and Hafs from Asim read: "Hajj al-Bayt" with a kasrah on the letter 'hā', while the others read: "Hajj al-Bayt" with a fatha. Sibawayh said: "Hajj is like dhikr, a noun derived from the verb." Abu Ali said: "So Hajj in this context is a source." Sibawayh also said: "They said Ghazāh, intending a single action, just as it is said: Hajjah."

Qadi Abu Muhammad, may Allah have mercy on him, said:

His saying Hajj with a kasrah on the letter 'hā' means they intend a single year's action. They did not bring it based on the original, but it is a name for it. Abu Ali said: "His saying: 'They did not bring it based on the original' means based on the fatha, which is the act of doing, but they broke it and made it a name for this meaning, just as Ghazāh is likewise, and the term Ghazwah does not occur in it, and it was the analogy."

Qadi Abu Muhammad, may Allah have mercy on him, said:

Most of the time, the kasrah on the letter 'hā' is observed in their saying Dhū al-Hijjah. As for their saying: Hajjatu al-Wadā' and similar phrases, it is based on the original. Al-Zajjāj and others said: Hajj with a fatha on the letter 'hā' is the source, and with a kasrah, it is the name of the action. Al-Tabari said:

There are two languages: the kasrah is the language of Najd, and the fatha is the language of the people of Al-‘Āliyah.

And His saying, the Most High: "Whoever is able to make a way to it": "Whoever" is in the position of a genitive, a substitute for "the people" and it is a substitute for part of the whole. Al-Kisai and others said: It is a condition in the position of a nominative by way of beginning. The response is omitted, its estimation is: "Then upon him is the Hajj"; and it is indicated by the conjunction of the other condition after it in His saying: "And whoever disbelieves." Some of the Basrians said: "Whoever" is raised as it is a subject with the source which is "Hajj al-Bayt," and the source is added to the object.

People have differed regarding the state of the able one to the way, how is it? Umar ibn al-Khattab, Ibn Abbas, Ata, and Sa'id ibn Jubair said: It is the state of one who finds provisions and a means of transport. Al-Tabari narrated from Al-Hasan through Ibrahim ibn Yazid Al-Khuzai that the Messenger of Allah, blessings and peace be upon him, recited this verse and a man said to him: "O Messenger of Allah, what is the way?" He said: "Provisions and means of transport." Al-Tabari also narrated from Ali ibn Abi Talib, may Allah be pleased with him, that he said: The Messenger of Allah, blessings and peace be upon him, said: "Whoever possesses provisions and a means of transport and does not perform Hajj, there is no harm for him to die as a Jew or a Christian." Abdul Razzaq and Sufyan narrated from Ibrahim ibn Yazid Al-Khuzai from Muhammad ibn Abbad ibn Ja'far from Ibn Umar who said: "A man stood up to the Prophet, peace be upon him, and said: What is the way? He said: "Provisions and means of transport."

Qadi Abu Muhammad, may Allah have mercy on him, said:

Some people weakened this hadith because Ibn Ma'in and others spoke about Ibrahim ibn Yazid Al-Khuzai, and the hadith is sufficient without the route of Ibrahim. Some of the Baghdadis said: This hadith indicates that Hajj is not obligatory by walking.

Qadi Abu Muhammad, may Allah have mercy on him, said:

And what I say is that this hadith is based on the common conditions of people, which is the distance from Mecca and the difficulty of walking on foot a lot. As for the one who lives nearby, he does not enter into the hadith, because proximity has made him free from needing provisions and a mount. As for the one who is able to walk from distant regions, the mount is with him in the meaning and strength that he has been granted. And Allah, glorified and exalted is He, mentioned this in His saying, "They will come to you on foot". Likewise, the meaning of the hadith is that provisions and a mount are for the one who has no excuse in his body, whether due to illness or fear of its various types, or due to a debt or obligation, and he is trying to perform it and hopes for it by managing his wealth that is in his hands. As for the one who is destitute, he may perform Hajj if he strives and is able. The purpose of the hadith is to specify the place of obligation for the one who lives far away. As for those who walk and those with excuses, many of them strive to travel even if Hajj is not obligatory upon them. Then that striving leads them to a place where Hajj becomes obligatory upon them. This is an exaggeration in seeking and attaining reward, if Allah, glorified and exalted is He, wills.

A group of scholars went to the view that His saying, "Whoever is able to make his way to it" is a general statement that is not interpreted by provisions and mounts or anything else. Rather, if he is able without it being difficult for himself, then Hajj becomes obligatory upon him. This was said by Ibn al-Zubayr and al-Dahhak. Al-Hasan said: Whoever finds something to take him there has indeed been able to make his way to it. And Ikrimah said: The ability to make the way is health. Ibn Abbas said: Whoever possesses three hundred dirhams has the means to it. Malik ibn Anas, may Allah be pleased with him, in the hearing of Ashhab from al-Utbi, was asked: Do you say that the means are provisions and a mount? He said: No, by Allah, one may find provisions and a mount and not be able to travel, while another may be able to walk on foot, and often a small one is stronger than a large one. There is no clearer description in this than what Allah, glorified and exalted is He, has said.

Qadi Abu Muhammad, may Allah have mercy on him, said: This is the most noble speech; and all that has been reported from the scholars does not contradict one another. Provisions and a mount are generally the case for people in distance, and that they are healthy and unable to walk on foot. And the ability—once it is established—is general in that and in other matters. If we suppose a man who is able to travel on foot, accustomed to it, and he is one who asks people during his stay and lives from their service and their asking, and he finds companions, then Hajj is obligatory upon him without provisions or a mount. And these are among the matters in which the understanding of the situation is applied. Al-Shafi'i used to say: Ability has two aspects; first, by oneself. So whoever is prevented by illness or an excuse and has wealth, then he must appoint someone to perform Hajj on his behalf, while he is able to do so.

And the people differed, is the obligation of Hajj immediate or deferred? There are two opinions. And for Malik, may Allah have mercy on him, there are issues that necessitate both opinions. He said in "Al-Majmu'a" regarding one who intends to perform Hajj but is prevented by his parents: he should not rush towards them in the obligatory Hajj and should seek their permission every year and the following years. This is in favor of deferral. And he said in the book of Ibn Al-Mawaz: no one should perform Hajj except with the permission of his parents except for the obligatory Hajj; he may go and leave them. This is in favor of immediacy. And Malik said regarding a woman whose husband has died and she wants to go for Hajj: she should not go during her waiting period. The scholar Abu Al-Hasan Al-Lakhmi said: he made it in favor of deferral.

(p-297) The judge Abu Muhammad, may Allah have mercy on him, said: And this is an inference that has consideration.

And Malik's, may Allah have mercy on him, saying differed regarding one who goes out for Hajj to ask people while coming and going, from whom it is not his custom to stay. Ibn Wahb narrated from him that he said: there is no harm in that. It was said to him: what if he dies on the way? He said: his account is with Allah. And Ibn Al-Qasim narrated from him that he said: I do not see for those who do not find what to spend to go out for Hajj and Ghazw and ask, and I dislike that, due to the saying of Allah, glorified and exalted is He: "And there is no blame upon those who do not find what to spend" [At-Tawbah: 91]. Ibn Al-Qasim said: And Malik disliked for women to perform Hajj by sea because it is revealing, and he disliked for anyone to perform Hajj by sea except for the people of Al-Andalus who have no alternative. And he said in the book of Muhammad and others:

Allah, the Exalted, said: "And proclaim to the people the Hajj; they will come to you on foot and on every lean camel; they will come from every distant pass" [Al-Hajj: 27] and I do not hear the mention of the sea.

The judge Abu Muhammad, may Allah have mercy on him, said: And this is an indication from Malik, may Allah have mercy on him, for the dropping of the term 'sea', and the verse does not necessitate the dropping of the sea. And the interpretation of that will come in its place, if Allah wills. And the Messenger of Allah, blessings and peace be upon him, said: "A group from my Ummah were shown to me as kings on thrones or like kings on thrones, riding the waves of this green sea as warriors in the path of Allah."

And there is no difference between Ghazw and Hajj.

And there was a difference regarding women performing Hajj on foot when they are able to do so. He said in "Al-Mudawwana" regarding a woman who vows to walk and then walks but becomes unable at some point on the way: she returns again; he said: and the men (p-298) and women are equal in that. So, Hajj is obligatory in this case if she is able to walk, because the obligatory Hajj is more confirmed than a vow.

And he said in the book of Muhammad: I do not see for a woman to perform Hajj on foot even if she is capable of it, because their walking is a form of exposure, except if the place is close to Makkah.

The judge Abu Muhammad, may Allah have mercy on him, said: And this looks at the jurisprudence of the situation to a splendid or a challenging one.

There is no Hajj upon a woman except if she is accompanied by a mahram. There is a difference of opinion if she lacks a mahram whether Hajj is obligatory upon her with what is equivalent to it from trustworthy women who travel in the caravan, or trustworthy men. Al-Hasan al-Basri, Ibrahim al-Nakha'i, Ahmad ibn Hanbal, Ishaq ibn Rahawaih, Abu Hanifa and his companions said: The mahram is necessary, and there is no Hajj upon her except with a mahram.

Qadi Abu Muhammad, may Allah have mercy on him, said: This is a stance in accordance with the wording of the hadith.

Malik said: She can go out with a group of women. Al-Shafi'i said: She can go out with a trustworthy free Muslim woman. Ibn Sirin said: She can go out with a trustworthy man from the Muslims. Al-Awza'i said: She can go out with a group of just people, and she should have a ladder to ascend and descend, and no man should approach her.

Qadi Abu Muhammad, may Allah have mercy on him, said: These opinions have taken into account the meaning of the hadith. The majority of the ummah holds that a woman can perform the obligatory Hajj even if her husband dislikes it, and he has no right to prevent her. The statement of Al-Shafi'i on this matter is inconsistent.

People have differed regarding the obligation of Hajj in the presence of taxes and fines. Sufyan al-Thawri said: If there is a tax, even if it is one dirham, the obligation falls away. The apparent meaning of this is that if she is not excessively burdened by her financial situation, then the obligation does not fall away. This is the view of a group of scholars, and it has been upheld through the ages.

Qadi Abu Muhammad, may Allah have mercy on him, said: This is a brief discussion on the jurisprudence of capability, and this gathering is not the place to explore that further. Allah is the one sought for assistance.

As for the term 'way,' it can be masculine or feminine, but the predominant and clearer form is the feminine. Allah, the Exalted, said: "You seek it to be crooked" [Al-Imran: 99] and He said: "Say, this is my way; I invite to Allah" [Yusuf: 108]. Among the masculine forms is the saying of Ka'b ibn Malik:

It was decreed on the day of Badr that you would meet a group that rebelled, and the way of rebellion against the people is permissible.

The pronoun in "to Him" refers back to the House, and it is possible that it refers back to Hajj.

And His saying, the Exalted: "And whoever disbelieves, then indeed Allah is Free from the worlds"; Ibn Abbas said: The meaning is: Whoever claims that Hajj is not obligatory upon him. Similar to this is the saying of Al-Dahhak, Ata, Imran al-Qattan, Al-Hasan, and Mujahid. It has been narrated from the Prophet, blessings and peace be upon him, that he recited the verse, and a man from Hudhayl said to him: O Messenger of Allah, whoever leaves it has disbelieved. The Prophet, blessings and peace be upon him, said: "Whoever leaves it does not fear its punishment, and whoever performs it does not hope for its reward, then he is that one." Ibn Abbas and Mujahid also said something similar to this hadith. This and what precedes it refer to disbelief in denial and leaving the religion. Ibn Umar and a group of scholars said: The meaning of the verse is: Whoever disbelieves in Allah and the Last Day. This is close to the first interpretation. Ibn Zayd said: The meaning of the verse is: Whoever disbelieves in these verses that are about the House. Al-Suddi and a group of scholars said: The meaning of the verse is: Whoever disbelieves that he has what he can perform Hajj with, then he did not perform Hajj. Al-Suddi said: Whoever is in this situation is a disbeliever.

This is the disbelief of disobedience, like his saying, blessings and peace be upon him: "Whoever abandons the prayer has indeed disbelieved" and his saying: "Do not return after me as disbelievers, striking the necks of one another" on the most apparent interpretations of this hadith. It is clear that whoever Allah has blessed with wealth and health and does not perform Hajj has disbelieved in the blessing.

And the meaning of His saying, the Most High: ﴿Rich beyond need of the worlds﴾ is a warning for whoever disbelieves. The intent of the words is that Allah is rich from them, but He has generalized the expression to enhance the meaning and to alert the mind to Allah's power and authority and His independence from all aspects, such that He has no need for anything, nor any Lord besides Him.