Hajj: Points of Difference in Pilgrimage

The Hajj chapter in Bidayat al-Mujtahid presents the comparative rules of pilgrimage with the same analytical clarity that characterizes the rest of the work. While the major rites of Hajj are universally agreed upon — ihram, standing at Arafah, tawaf, sa'y — the details of validity, obligation, and expiation generate extensive scholarly disagreement.

On the obligation of Umrah: the Shafi'i and Hanbali schools hold that Umrah is obligatory once in a lifetime, parallel to Hajj. The Hanafi and Maliki schools hold that Umrah is a confirmed Sunnah (sunnah mu'akkadah) but not strictly obligatory. Ibn Rushd traces this to different evaluations of the Quranic verse 2:196 ('Complete the Hajj and Umrah for Allah') — whether 'completion' implies prior obligation or simply refers to completing what one has begun.

On the preferred form of Hajj: the Maliki, Shafi'i, and majority Hanbali positions disagree about whether Ifrad, Qiran, or Tamattu' is most meritorious. The Maliki school prefers Ifrad, following the practice of Caliph Umar, who was concerned about people neglecting the Hajj by combining it with Umrah and leaving. The Hanbali school's dominant position holds Qiran most meritorious. The Shafi'i school prefers Tamattu' based on the Prophet's instruction encouraging it. Ibn Rushd notes that the Prophet performed Qiran according to some narrations and commanded Tamattu' in others — the difference in reported practice is the root cause of the schools' disagreement.

On the miqat: all schools agree on the five miqat locations established by the Prophet (al-Bukhari). The disagreement is over what happens when a pilgrim passes a miqat without entering ihram. All schools agree this is impermissible, but the required expiation differs: the Maliki school requires a compensatory sacrifice (dam); the Shafi'i and Hanbali schools agree; the Hanafi school requires the pilgrim to return to the miqat if possible, and if not, a dam is required.

On the wuquf (standing at Arafah): all schools agree on its central importance and that it may be performed during any part of the time between noon on the 9th of Dhul-Hijjah and dawn on the 10th. The disagreement is about the minimum required: the Maliki school holds that the standing must be during the daytime; the Shafi'i and Hanbali schools hold that nighttime standing alone suffices (though daytime is better and required by those who arrive before sunset); the Hanafi school requires both daytime and nighttime presence.

On the order of the day-of-Eid acts (rami, nahr, halq, tawaf): the Prophet performed them in a specific order — stoning the Jamrat al-Aqabah, then slaughter, then shaving, then tawaf. All schools agree this order is the Sunnah. They disagree on whether reversing the order constitutes a violation requiring expiation. The Maliki and Hanbali schools require dam for reversing the order; the Shafi'i school does not require it in most cases; the Hanafi school requires expiation for some reversals but not others.

Ibn Rushd's Hajj chapter demonstrates the value of comparative fiqh for pilgrims: understanding why the schools differ on specific rites helps the pilgrim make informed decisions and avoids both unnecessary anxiety and careless disregard for the obligations of the pilgrimage.