CLIPPING THE HAIR AND NAILS DURING THE FIRST 10 DAYS OF ZILHIJJAH
Question
1: What does the Shariah say regarding the cutting of the hair and the clipping of the nails during the first ten days of Zil Hijjah?
Question 2: Should a person cut his hair or clip his finger nails if he is not doing Qurbani but is slaughtering somebody else's Qurbani?
Question posed by: Hafiz Rehaan, Chatsworth, Durban, South Africa
Answer
(1): It is mustahab for a person who has intended to do Qurbani, not to cut their hair and not to trim their nails from the time of seeing the new moon of Zil-Hijjah until the time of Qurbani (The Ritual Sacrifice), and mustahab means that if it is done, it will be rewarded and if it is not done, there is no sin. Remember, that it is necessary to cut the pubic hair, the armpit hair and the nails within forty days. In other words, leaving or extending it for more than forty days is Makrooh e Tahreemi, impermissible and sinful. So, if a person did not shave the pubic hair and the armpit hair for several weeks, and if it is not shaved off until the day of sacrifice, then it will be more than forty days, so in such a situation, the person can no longer follow this mustahab act (i.e. he will not follow the Mustahab of not cutting the hair, but he will shave the pubic hair and hair under the armpits as this ruling supersedes the ruling of the Mustahab act). The prohibition which has come in the Hadith Shareef regarding the cutting of the hair and the clipping of the nails during the 10 days of Zil-Hijjah by those who intend to perform Qurbani is one which is favoured (recommended). In other words, it is more virtuous (better) not to cut (the hair or the nails). Therefore, it is in Sahih Muslim Shareef:
Translation: Hazrat Sayyidah Umm e Salamah (may Allah be pleased with her) has narrated that the Prophet صلى الله عليه وسلمsaid: When the ten days of Zil-Hijjah begin and one of you intends to offer a sacrifice, he should not cut his hair and he should not trim his nails. (Sahih Muslim Shareef, Volume 2, Page 822, Maktabah Shabeer Brothers Lahore)
The explanation of the above mentioned Hadith Shareef is as follows in Miratul-Manaajeeh: "If a wealthy person (i.e. one who is solvent in the light of the Shariah) intended to offer his Waajib Qurbani (compulsory Ritual Sacrifice) or if a poor person (i.e. one who is insolvent in the light of the Shariah) intended to do his Nafil Qurbani (optional sacrifice), then he should not trim his nails, he should not cut his hair or dead skin, etc. from the time of the sighting of the new moon (crescent) of Zil-Hijjah (Baqara Eid) upto the time of the Qurbani (Sacrifice), so that he may somewhat resemble the pilgrims, as they cannot cut or shave their hair in the state of Ihraam, and so that the Qurbani (Sacrifice) may be the redemption of every hair and nail. This ruling is recommended and not compulsory. Therefore, it is better (more virtuous) for a person who is doing Qurbani, not to shave or cut the hair, but it is not necessary. From this, we have ascertained that to imitate the virtuous ones is also virtuous". (Miratul Manaajeeh, Volume 2, page number 362, Islamic Publishers, Matia Mahal, Delhi) Regarding the above mentioned Hadith, it is in Fataawa Shaami:
Translation: This saying of the Holy Prophet صلى الله عليه وسلمis attributed to that which is liked (approved), and not to that which is Waajib, and there is consensus of all in this regard. However, the negation of that which is compulsory does not contradict that which is recommended (liked). So, it would be mustahab. However, if one imposes a delay on the period of permissibility (lawfulness), then it will not be mustahab. If the expiration of the period of lawfulness is forty days, then no further delay will be permissible. (Fataawa Shaami, Volume 3, Page 318, Chapter of Salaah, Babul Eidain, Zia-ul-Quran Publications, Lahore) And it is in Fataawa Razviyyah Shareef: "This ruling is only recommended (favoured). It is better if it is done, and if not done, then it is not a problem. Neither can it be called a violation of the order, nor is it a reason for any defect (shortcoming) in the Qurbani (Sacrifice). On the contrary, if a person has not cut his nails or made a Khat (i.e. shortening of the moustache and removing pubic hair etc.) for 31 days, be this with or without any valid excuse and the moon has been sighted for Zil-Hijjah, then he cannot follow this mustahab act even if he intends to offer a sacrifice (Qurbani). Now, if he keeps it (i.e. the nails etc. unclipped) until the 10th (of Zil-Hijjah), then it will be 41 Days since he clipped his nails and made the Khat and to not do this for more than 40 days is
sinful, and he cannot commit a sin for the sake of a Mustahab act." (Fataawa Razviyyah Shareef, New Edition, Volume 20, Page 344)
(2): As for the person who was not able to make the sacrifice (i.e. to do a Qurbani), in other words, the one who could not make the sacrifice (Qurbani), should that person also not cut his hair and nails in the first ten days of Zil-Hijjah? The answer with regards to that person who is unable to offer a sacrifice (Qurbani), is that, if he also refrains from cutting his hair and trimming his nails during these ten days of Zil-Hijjah, and then haves a haircut etc. after the Eid Salaah, then he will attain the reward (Sawaab) of Qurbani. Therefore, it is narrated from Hazrat Abdullah bin Amr bin Al-Aas in Nisa'i Shareef that the Holy Prophet صلى الله عليه وسلمsaid to a man:
Translation: "I have been commanded to celebrate the day of Eid Al-Adha as a day of Eid, which Allah Almighty has ordained for this Ummah". A person asked, O, Messenger !صلى الله عليه وسلم What is Your Blessed Opinion regarding this? That if I found only one goat which gives milk, to sacrifice, should I sacrifice that too? The Holy Prophet صلى الله عليه وسلمsaid: No, you may cut your hair, trim your nails, shorten your moustache and clean your pubic hair, then by doing this, you will be able to earn the reward of a complete sacrifice (Qurbani) from the Court of Almighty Allah". (Sunan Nisa’i Shareef Volume 3 page 302/ Chapter of Sacrificing) It is in Miratul-Manaajeeh: "Those who are unable to offer sacrifice (Qurbani) should not have their hair cut (or shaved) in these ten days, but should have their hair cut (or shaved) after the Namaaz on the day of Baqara Eid. So, Allah Almighty Willing, they will be rewarded, just as it is mentioned in some narrations". (Miratul Manaajeeh, Volume 2, Page 362, Islamic Publishers, Matia Mahal, Delhi) The great jurist of India, Huzoor Sadrush-Shariah (may Allah have mercy on him), after quoting the above mentioned Hadith, writes: "In other words, If he who does not have the ability to make Qurbani, (then) if he will fulfill these actions, he will receive the reward of performing Qurbani." (Bahaar e Shariat, Part 15, Page 131, Qadri Kitaab Ghar, Bareilly Shareef)
References (Arabic / Urdu sources)
الجواب بعون البلك الوهاب
عن ا مسلبة قالت قال رسول اله صلى الله عليه وسلم اذا دخل العش و اراد بعضكم ان يض فلا يأخذن شعرا ولاييلمن BB \
فهذا محبول على الندب دون الوجوب بالاجماع» الا إن نثى الوجوب GLY الاستخباب فيكون مستحبا الا ان استلزم الزيادة على وقت
امرت بيوم الاضى عيدا جعله الله عزوجل لهنه الامة فقال الرجل ارايت Jol اجد الا منيحة BI افاضى بها قال لاو لكن تاخذ من
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