The time of Hajj is the months, as in your saying: 'the cold is two months.' The known months are: Shawwal, Dhul-Qi'dah, and the first ten days of Dhul-Hijjah. [Mahamud, may Allah have mercy on him, said: 'They are Shawwal and Dhul-Qi'dah... etc.'] Ahmad said: What he transmitted from Malik is one of his two opinions and is not about the months from him. As for his argument for this saying based on Umar's dislike of performing Umrah until the month of Muharram begins, it does not serve as evidence for Malik, because he says: Umrah is not valid during the days of Mina specifically for one who has performed Hajj, unless he completes the stoning and is free to perform the Tawaf of Ifadah, then it becomes valid. And the whole year, except for what has been mentioned, has no specified time for Umrah, and the benefit of this saying according to Malik is only in lifting the blood obligation from the one who delays the Tawaf of Ifadah until the end of Dhul-Hijjah, and that is the benefit that Al-Zamakhshari transmitted from Urwah. I swear by my life, this saying is a good proof, so it does not need further elaboration. However, the apparent meaning of the verse and its implication is that the months altogether are the time of Hajj. Do you not see that whoever said: 'and ten days of Dhul-Hijjah' needs to establish that part of the month is equivalent to the whole, and he cites as evidence his saying: 'Thirty months in three conditions'? He was compelled to cite evidence because his statement deviates from the apparent meaning of the verse, while the one who adheres to it based on its apparent meaning regarding the completion of the three months is not in need of further proof. This is according to Abu Hanifah. According to Al-Shafi'i: the nine days of Dhul-Hijjah and the night of the day of sacrifice. According to Malik: all of Dhul-Hijjah. If you say: What is the benefit of timing Hajj with these months? I say: Its benefit is that none of the acts of Hajj is valid except within them, and the intention of Hajj is also not valid according to Al-Shafi'i outside of them. According to Abu Hanifah, it is valid but disliked. If you say: How can two months and part of the third be considered months? I say: The term 'months' can include what is more than one. This is evidenced by His saying: 'Indeed, your hearts have deviated.' There is no question in this, and it would only be a place for questioning if it were said: 'Three known months.' It was said: Some of the month is treated as the whole, as it is said: 'I saw you in the year such and such,' or 'during the time of so-and-so,' while the time may be twenty years or more, yet he only saw him in one hour of it. If you say: What is the basis of Malik's opinion which is narrated from Urwah ibn Al-Zubair? I say: They said that Umrah is not recommended during it according to Umar and Ibn Umar, as if it is solely for Hajj, leaving no room for Umrah. And it was reported from Umar, may Allah be pleased with him, that he would strike people with a stick and forbid them from performing Umrah during them. And from Umar, may Allah be pleased with him, he said to a man: 'If you obey me, wait until the month of Muharram begins, then go out to Dhatu 'Irq and perform Umrah from there.' They said: Perhaps from Urwah's opinion is the permissibility of delaying the Tawaf of visitation until the end of the known months, which are well-known among the people and do not confuse them. And it indicates that the Shari'ah did not come in opposition to what they knew. Rather, it came confirming it. So whoever has made Hajj obligatory upon himself during them, whether by uttering the Talbiyah or by designating the sacrificial animal and leading it according to Abu Hanifah and Al-Shafi'i with the intention, then there should be no lewdness, for there is consensus that it invalidates it. Or there should be no obscenity in speech, nor disobedience, nor transgression of the limits of the Shari'ah. It was said: It is foul language and calling each other by nicknames, and no arguing or disputing with companions, servants, and those who carry burdens. [The term 'those who carry burdens' in the authentic texts refers to the carriers, as it is a source of 'karait.' The evidence for this is that you say: A man is a carrier. And 'Mufaa'il' is only from 'fa'alit.' Thus, 'those who carry burdens' in the interpreter's expression is a plural for carriers, in the form of 'Mufaa'il' as a plural for 'Mufa'il.'] He has been commanded to avoid that, and it is obligatory to avoid it in every situation.

And in it is a point related to the science of eloquence. It is that the specification of Hajj by prohibiting lewdness, sinfulness, and arguing indicates that these are in other than Hajj, even though they are prohibited and ugly. However, that ugliness which is established for them outside of Hajj is of no comparison to their occurrence in Hajj. Thus, this specification includes this type of profound exaggeration, and Allah knows best. Furthermore, if lewdness refers specifically to talking about sexual matters, then the prohibition of it is specific to Hajj, and it is permissible in other contexts in a lawful manner. Malik, may Allah be pleased with him, pointed out that there is no harm for the pilgrim to engage in matters concerning women, but this may lead to the misconception that it results in neglecting the prohibited. This indicates Malik's strictness in prohibiting lewdness for the pilgrim and what relates to it, and Allah knows best. I heard the Shafi'is objecting to Ishaq regarding his statement about the prohibition of backbiting for the fasting person. They say: 'And for the non-fasting person, so there is no benefit in specifying the fasting person.' They consider this a misconception on his part, which is far removed from this verse and its like. I have excused him for that expression, as the noble Book tests eloquence and the correctness of expressions. For with Hajj, it is as repulsive as wearing silk in prayer and being melodious in the recitation of the Quran. The intended negation is the obligation of their non-existence, and it is indeed true that they should not be. The three negated terms were read in the accusative and in the nominative. Abu Amr and Ibn Kathir read the first two in the nominative and the last in the accusative because they understood the first two as meaning prohibition, as if it were said: 'There should not be lewdness nor sinfulness,' and the third as meaning the news of the negation of arguing, as if it were said: 'And there is no doubt nor disagreement in Hajj.' This is because the Quraysh used to oppose the other Arabs by standing at Al-Mash'ar Al-Haram, while the other Arabs stood at Arafah. They would advance the Hajj one year and delay it another year, which is the nasiya. Thus, it was returned to one time and the standing was returned to Arafah. Allah, the Exalted, informed that the disagreement in Hajj has been lifted. He proved that what is prohibited is lewdness and sinfulness, not arguing, by His saying, blessings and peace be upon him: 'Whoever performs Hajj and does not engage in lewdness or sinfulness will come out as on the day his mother bore him.' This is agreed upon from the hadith of Abu Hurairah. And he did not mention arguing. 'And whatever good you do, Allah knows it' encourages good actions following the prohibition of evil, and that they should use good words in place of ugly ones, and in place of sinfulness, righteousness and piety, and in place of arguing, agreement and good morals. Or it is made that doing good is a description of controlling themselves so that nothing they were prohibited from occurs from them. This is supported by His saying, 'And take provision, for indeed, the best provision is righteousness.' That is, make your provision for the Hereafter to be avoiding the ugly, for indeed, the best provision is to avoid them. It is said that the people of Yemen did not take provisions and would say: 'We rely on Allah, and we are performing Hajj to the House of Allah; will He not provide for us?' Thus, they would become a burden on the people, and this was revealed concerning them. Its meaning is: 'And take provisions and avoid the neediness and burdening of people,' for indeed, the best provision is righteousness. 'And fear Me and My punishment, O people of understanding,' meaning that the essence of understanding is the fear of Allah. And whoever does not fear Him from the people of understanding is as if he has no understanding.