ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 92Section

Translation · EN

and authorization, so it requires a mandatory verbal utterance, like prayer. Furthermore, the sacrificial animal and the udhiyah (sacrifice) do not become obligatory by mere intention, and likewise for the nusuk (rites). Our position is that it is an act of worship at the end of which no verbal utterance is mandatory, so there is none at its beginning, like fasting. The report intended implies recommendation, for its explicit phrasing is raising the voice, and there is no disagreement that it is not mandatory, so that which is necessary for it is even more so. Even if verbalization were mandatory, it does not necessitate that it be a condition, for many of the obligations of Hajj are not conditions for it, and prayer has a mandatory verbal utterance at its end, unlike Hajj and 'Umrah. As for the sacrificial animal and the udhiyah, they are the obligation of property, so they resemble a vow, unlike Hajj, which is a physical act of worship. Accordingly, if he articulates something other than what he intended—such as intending 'Umrah but his tongue slips to Hajj, or the reverse—what he intended takes effect, not what he pronounced. Ibn al-Mundhir said: "All of the scholars from whom we preserve knowledge are in consensus on this." This is because the obligation is the intention, and upon it is the reliance; the utterance is of no consequence, so it has no effect, just as a difference in intention has no effect in matters where the utterance is considered and not the intention.

Section: If he performs the talbiyah or drives the sacrificial animal without intention, his ihram does not take effect; because that for which intention is considered does not take effect without it, like fasting and prayer. And Allah knows best.

559 - Issue; He said: (And he stipulates, saying: "If a restrainer restrains me, then my place of exiting ihram is wherever You restrain me." So if he is restrained, he exits ihram from the place where he was restrained (1), and there is nothing upon him.)

It is recommended for whoever enters into ihram for a rite (nusuk) that he stipulate at the time of his ihram, saying: "If a restrainer restrains me, then my place of exiting ihram is wherever You restrain me" (2). This condition provides two things: first, that when...

Notes

recorded by Ibn Majah, in: The Chapter on raising the voice with the talbiyah, from the Book of Rites. Sunan Ibn Majah 2/975. And al-Darimi, in: The Chapter on raising the voice with the talbiyah, from the Book of Rites. Sunan al-Darimi 2/34. And Imam Ahmad, in: Al-Musnad 4/55. (1) Omitted from: A, B, M. (2) In A, B: "habasani" (restrained me).

PreviousVolume 5 · Page 92Next
Previous5·92Next