Al-Hasan ibn Hayy and al-Shafi'i held this view. According to the companions of Malik, it is obligatory, and its omission requires a blood sacrifice. According to al-Thawri and Abu Hanifah, it is a condition for Ihram, which is not valid without it, just like the Takbir for prayer; this is because Ibn Abbas said regarding the Almighty's saying, {Whoever imposes Hajj upon himself during them} (4): Ibn Abbas said it means the ihlal (raising the voice with Talbiyah). 'Ata', Tawus, and 'Ikrimah said it refers to the Talbiyah. Furthermore, the ritual is an act of worship involving entering into Ihram and exiting it, so it contains an obligatory dhikr (remembrance), like prayer. Our view is that it is a form of dhikr, and thus it is not obligatory in Hajj, unlike other forms of dhikr. It differs from prayer, because speech is obligatory at the end of prayer; therefore, it is obligatory at its beginning, whereas Hajj is the opposite. It is recommended to begin with it when one is established on his mount, according to what Anas and Ibn Umar narrated, that when the Prophet (peace and blessings of Allah be upon him) mounted his camel and it stood up with him, he began the ihlal. Both were narrated by al-Bukhari (5). Ibn Abbas said: The Messenger of Allah (peace and blessings of Allah be upon him) made Ihram obligatory when he finished his prayer, so when he mounted his camel and it stood up with him, he began the ihlal (6), meaning he uttered the Talbiyah. The meaning of ihlal is raising the voice with the Talbiyah (7), from their saying: "The infant is-tahalla" (cried out) when he cries. The root of this is that when they saw the crescent moon, they would cry out, so it would be said: "The crescent has is-tahalla (appeared/been heralded)." Then it was said of every crier that he is a mustahill, and he only raises his voice with the Talbiyah.
Section: He raises his voice with the Talbiyah, because it was narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Gabriel came to me and commanded me to order my companions to raise their voices with the ihlal and the Talbiyah." Reported by al-Nasa'i, Abu Dawud, and al-Tirmidhi (8), who said: It is a hasan sahih hadith. Anas said:
(4) Surah al-Baqarah 197. (5) The authentication of both hadiths was provided previously on page 81. (6) Its authentication was provided previously on page 81. (7) This is omitted from the Original, A, and B. (8) Reported by Abu Dawud, in: Chapter on how the Talbiyah is performed, from the Book of Hajj. Sunan Abi Dawud 1/421. And al-Tirmidhi, in: Chapter on what has been narrated regarding raising the voice with the Talbiyah, from the chapters on Hajj. 'Aridat al-Ahwadhi 4/47. And al-Nasa'i, in: Chapter on raising the voice with the ihlal, from the Book of Hajj. Al-Mujtaba 5/125.
