rest upon any of the things they mentioned. No evidence exists for what they said that would make it obligatory; thus, it remains upon its original state.
649- Issue: He said: (And he shall shave or shorten [the hair]).
The entirety of this is that when he has slaughtered his hady, he shall shave his head or shorten it, because the Prophet (peace and blessings of Allah be upon him) shaved his head. Anas narrated that the Messenger of Allah (peace and blessings of Allah be upon him) stoned the Jamrat al-Aqaba on the day of Sacrifice, then returned to his dwelling in Mina. He supplicated, then slaughtered. Then he called for the barber and took the right side of his head and shaved it; he began distributing a hair or two to those near him. Then he took the left side (1) of his head and shaved it, then said: "Where is Abu Talhah?" and gave it to Abu Talhah. Narrated by Abu Dawud (2). The Sunnah is to begin with the right side of his head, then the left, because of this report, and because the Prophet (peace and blessings of Allah be upon him) liked to begin with the right in all his affairs (3). If he does not do so, it is still sufficient; we know of no disagreement regarding this. He is given a choice between shaving and shortening; whichever he does, it is sufficient, according to the opinion of most scholars. Ibn al-Mundhir said: The scholars reached a consensus that shortening is sufficient. He means for the person for whom no specific meaning is found that necessitates the obligation of shaving upon him. However, it is narrated from al-Hasan that he used to make shaving obligatory in the first Hajj one performs. This is not correct, because Allah the Almighty said: "shaving your heads and shortening [the hair]" (4). The Prophet (peace and blessings of Allah be upon him) did not distinguish [between them], saying: "May Allah have mercy on those who shave and those who shorten." There were those with the Prophet (peace and blessings of Allah be upon him) who shortened their hair, and he did not reproach them for it; had it not been sufficient, he would have objected to them. Shaving is more virtuous, because the Prophet (peace and blessings of Allah be upon him) said: "May Allah have mercy on the shavers." They said: "O Messenger of Allah, and the shorteners?" He said: "May Allah have mercy on the shavers." They said: "And the shorteners, O Messenger of Allah?" He said: "May Allah have mercy on the shavers and the shorteners." Narrated by Muslim (5). This is also because the Prophet (peace and blessings of Allah be upon him) shaved. The scholars disagreed regarding one who matted his hair, or braided, or
(1) In the original: "side" [omitted 'right']. (2) Its attribution was provided previously on page 245. (3) See what was previously mentioned in: 1/136. (4) Surah al-Fath: 27. (5) In: The Chapter on the Virtue of Shaving over Shortening... from the Book of Hajj. Sahih Muslim 2/945, 946. =