Introduction to Fiqh-us-Sunnah
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There is consensus among the scholars that talbiyah is a prescribed practice. Umm Salamah reported: "I heard Allah's Messenger (peace be upon him) saying: "O Family of Muhammad! Whoso among you intends to perform Hajj must raise his voice while uttering talbiyah." This is reported by Ahmad and Ibn Hibban.
The scholars disagree, however, on its legal status, timing, and the position of one who delays it. Ash-Shafi'i and Ahmad hold that it is sunnah of the Prophet (peace be upon him); it is desirable to utter it when putting on the garb of ihram. Thus, if a person intended to perform Hajj but did not utter talbiyah, his Hajj would still be valid, and he is not required to do anything, because according to them, such a person enters the state of ihram just by making intention to perform Hajj.
Hanafi scholars hold that talbiyah or any substitute for it - such as containing praise or glorification of Allah. and bringing an animal for sacrifice -is a requisite condition for the validity of ihram. If someone puts on the garb of ihram without uttering talbiyah or glorifying Allah or bringing a sacrificial animal, his ihram is not valid, because ihram, according to them, is a combination of intention and one of the rites of Hajj. Thus, if one declares his intention for ihram and performs any of the rites of Hajj, for example if he glorifies Allah or declares, "There is no deity worthy of worship but Allah alone," or if he brought his sacrificial animal along with him but did not utter talbiyah, his ihram will be valid but he will be required to sacrifice an animal as a penalty for failing to do so.
According to the well-known position of Imam Malik, uttering talbiyah is obligatory and in cases where one fails to do so or does not utter it upon donning the garb of ihram but utters it later on, one must slaughter an animal in atonement.Volume 5, Page 39b: Words of Talbiyah
Malik reported from Nafi' that Ibn 'Umar said: "The Prophet (peace be upon him) made his talbiyah in these words: 'Lab-baika Allahumma Lab-baik. Lab-baika la-Sharika laka lab-baik. In-nal Hamda wan-ni 'mata laka wal mulk. La Sharika lak (Here I am at Your service, O Allah! You have no partner, Here I am at Your service, O Allah. Verily, all the praise, the grace belong to You, and the kingdom. You have no partner) "'
Nafi' said that Ibn 'Umar used to add, "I am at Your service, I am at Your service. I am at Your service and at Your call. All good is in Your hands, I am at Your service. Our desire is for You, and also our deeds."
The scholars, however, prefer to restrict the words of talbiyah to the words used by the Prophet (peace be upon him), and there is disagreement among them concerning any addition to them. The majority, however, holds that there is no harm in adding other words to them as Ibn 'Umar and other Companions of the Prophet (peace be upon him) did. The Prophet (peace be upon him) heard them and did not say anything to them.(Reported by Abu Da'wud and Al-Baihaqi) Malik and Abu Yusuf disliked adding to the talbiyah of the Prophet (peace be upon him).Volume 5, Page 40: Excellence of Talbiyah
Jabir reported that the Prophet (peace be upon him) said: "Whosoever makes intention to perform Hajj and pronounces talbiyah all day until sunset, Allah the Almighty will forgive his sins, and he will be free of sin as he was the day his mother gave birth to him." (Ibn Majah)
Abu Hurairah reported that the Prophet (peace be upon him) said: "He who declares, 'There is no God but Allah' will get the good news of reward (for him), and he who magnifies Allah (or, says Allahu Akbar - Allah is the greatest) will receive the good news of reward (for him)." They asked: "O Prophet of Allah, is it the (good news of) Paradise?" He replied, "Yes." (Narrated by At-Tabarani and Sa'id bin Mansur)
Sahl ibn Sa'ad reported that the Prophet (peace be upon him) said: "When any Muslim utters talbiyah, everything - every stone or every tree or every pebble - on his right side and on his left side responds with a (similar) talbiyah, until the whole earth resounds with it." (Reported by Ibn Majah, Al-Baihaqi, Tirmizhi, Al-Hakim, who considers it a sound hadith)Volume 5, Page 41: Uttering Talbiyah Aloud is Encouraged
Zaid ibn Khalid reported that the Prophet (peace be upon him) said: "Gabriel (peace be upon him) came to me and told me: 'Command your Companions to raise their voices when saying talbiyah, because it is one of the rituals of Hajj." This is reported by Ibn Majah, Ahmad, Ibn Khuzaimah and Al-Hakim, who regards it a sound hadith.
Abu Bakr reported that the Prophet (peace be upon him) was asked: "Which Hajj is the best Hajj?" He replied: "One in which voices are raised when saying talbiyah and a sacrifice is offered." (Reported by Tirmizhi and Ibn Majah) Abu Hazim said: "When the Companions put on ihram their voices would become hoarse even before they reached Makkah." In the light of these ahadith the majority of scholars prefers that the pilgrims raise their voices when saying talbiyah.
Malik holds that one must not raise one's voice in saying talbiyah while inside a congregational mosque. One may, however, say it loud enough for oneself or for those around to hear it, except in the Sacred Mosque and the Mosque of Mina. In these two one should raise one's voice when saying talbiyah. This applies to male pilgrims only.
As for women, they may raise their voices when saying talbiyah so that they themselves or those around them can hear it. To raise their voices above that is disliked for them.
'Ata said: "Men must raise their voices (when saying talbiyah), but a woman should raise her voice so as to hear it herself, but she should not raise her voice more than that."Volume 5, Page 41a: Places Where Talbiyah is Encouraged
Saying talbiyah is desirable in the following places and times: when mounting one' s mount (or any means of transportation), on arriving at a place, on going up a hill or down into a valley, on meeting another group of people, at the end of every prayer, and early in the morning. Ash-Shafi'i said: "We love to say it at all times."Volume 5, Page 41b: Timings of Talbiyah
A pilgrim should begin his talbiyah from the time he wears his ihram and continue it until throwing the first pebble at the Aqabah Jamarah on the 10th of Zhul-Hijjah, the Day of Nahr (sacrifice). Then he should stop saying talbiyah, as the Prophet (peace be upon him) did, according to a hadith transmitted by the Group. Ath-Thawri, the Hanafi school, Ash-Shafi'i, and the majority of scholars also hold this view. Ahmad and Ishaq, however, are of the view that a pilgrim must continue talbiyah until he has stoned all the three jamarahs. After that he may stop saying talbiyah. Malik holds that a pilgrim must continue talbiyah until the end of the Day of 'Arafah (the 9th of Zhul-Hijjah). This applies only to those performing Hajj.
As for those performing 'Umrah, they may discontinue talbiyah after kissing the Black Stone and starting their tawaf. Ibn 'Abbas reports that the Prophet (peace be upon him) used to discontinue talbiyah after kissing the Black Stone (at the start of his tawaf). (Reported by Tirmizhi who considers it a sound hadith. When a person puts on ihram from a miqat he should discontinue ralbiyah on entering the Haram (Sacred Mosque). And those who put on ihram from Ju'rana or Tan'im, they should discontinue it on reaching the houses of Maklcah) In practice, most of the scholars follow this hadith.Volume 5, Page 42: Desirability of Invoking Blessings on the Prophet (Peace be Upon Him) and Making Supplications
Al-Qasim ibn Muhammad ibn Abu Bakr said: "It is commendable for a pilgrim to send greetings and blessings on the Prophet (peace be upon him) after saying talbiyah." The Prophet (peace be upon him) used to seek Allah's forgiveness, pleasure, and protection from men after having said his talbiyah. (Reported by At-Tabarani and others)
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