Hadith no. 1582 (below) is a repeat. Read it here.
Volume 3, Book 29, Number 87:
Narrated Qaza’a, the slave of Ziyad:
Abu Said (radiallaahu `anhu) who participated in twelve Ghazawat with the Prophet (sallallaahu `alayhi wasallam) said, “I heard four things from Allah’s Apostle (or I narrate them from the Prophet (sallallaahu `alayhi wasallam)) which won my admiration and appreciation. They are:
1. “No lady should travel without her husband or without a Dhu-Mahram for a two-days’ journey.
2. No fasting is permissible on two days of ‘Id-al-Fitr, and ‘Id-al-Adha.
3. No prayer (may be offered) after two prayers: after the ‘Asr prayer till the sun set and after the morning prayer till the sun rises.
4. Not to travel (for visiting) except for three mosques: Masjid-al-Haram (in Mecca), my Mosque (in Medina), and Masjid-al-Aqsa (in Jerusalem).”
Volume 3, Book 29, Number 88:
Narrated Anas (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) saw an old man walking, supported by his two sons, and asked about him. The people informed him that he had vowed to go on foot (to the Ka’ba). He said, “Allah is not in need of this old man’s torturing himself,” and ordered him to ride.
Volume 3, Book 29, Number 89:
Narrated ‘Uqba bin ‘Amir (radiallaahu `anhu):
My sister vowed to go on foot to the Ka’ba, and she asked me to take the verdict of the Prophet (sallallaahu `alayhi wasallam) about it. So, I did and the Prophet (sallallaahu `alayhi wasallam) said, “She should walk and also should ride.”
Volume 3, Book 29, Number 90:
Narrated Abu-l-Khair from ‘Uqba (radiallaahu `anhu) as above.
I’ve had to do a detailed study on this matter. Bear with me till the end please. I hope I’m able to make the reader understand the concept fully inshaAllah.
Vows are of two types:
- Conditional vows, in which the vow is dependent upon something happening, as when a person says, “If Allaah heals me, I will give such and such in charity, or I will fast such and such a number of days,” and so on.
- Unconditional vows (which are not connected to anything), such as saying, “I will fast such and such a number of days for Allaah.”
Both types of vows must be fulfilled, if what is vowed is to do an act of worship. (Because if it’s not, it’s impermissible to do it anyway.)
The Prophet (peace and blessings of Allaah be upon him) said:
Whoever vows to obey Allaah, let him obey Him, and whoever vows to disobey Him let him not disobey Him.
Narrated by al-Bukhaari, 6696.
The Prophet (peace and blessings of Allaah be upon him) condemned those who made vows but did not fulfill them. Muslim (2535) narrated from ‘Imraan ibn Husayn that the Messenger of Allaah (peace and blessings of Allaah be upon him) said:
The best of you are my generation, then those who follow them, then those who follow them, then those who follow them.
‘Imraan said: I do not know whether the Messenger of Allaah (peace and blessings of Allaah be upon him) said, “and those who follow them” two times or three.
Then after them will come people who will bear witness without being asked to do so, who will betray and not be trustworthy, who will make vows but not fulfill them, and fatness will appear among them.
One must do everything in his capacity to fulfill his vow. If he falls short, he has to offer kaffaarah as mentioned in Surah al-Maa’idah:
“Allaah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn. And protect your oaths (i.e. do not swear much). Thus Allaah makes clear to you His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) that you may be grateful.
It was narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said:
Whoever swears an oath then sees that something else is better than it, let him do that and offer expiation for his oath.
Narrated by Muslim, 1650
Exception/Difference of Opinion
The scholars have differed on this: if the vow entails extreme unnecessary hardship, should it still be fulfilled? The sound and more correct opinion is that it’s better to break that vow. And no expiation is to be offered for breaking (only) this kind of vow as the narrations above indicate. Prophet (sallallaahu `alayhi wasallam) did not order that man to offer any expiation. He was only asked to break his vow since it was bringing unnecessary hardship.
Book of Penalty Of Hunting While on Pilgrimage ends here.
Volume 3, Book 29, Number 58:
Narrated Sa`id bin Abu Sa`id Al-Maqburi:
Abu Shuraih, Al-`Adawi said that he had said to `Amr bin Sa`id when he was sending the troops to Mecca (to fight `Abdullah bin Az-Zubair), “O Chief! Allow me to tell you what Allah’s Messenger () said on the day following the Conquest of Mecca. My ears heard that and my heart understood it thoroughly and I saw with my own eyes the Prophet () when he, after Glorifying and Praising Allah, started saying, ‘Allah, not the people, made Mecca a sanctuary, so anybody who has belief in Allah and the Last Day should neither shed blood in it, nor should he cut down its trees. If anybody tells (argues) that fighting in it is permissible on the basis that Allah’s Messenger () did fight in Mecca, say to him, ‘Allah allowed His Apostle and did not allow you.’ “Allah allowed me only for a few hours on that day (of the conquest) and today its sanctity is valid as it was before. So, those who are present should inform those who are absent (concerning this fact.” Abu Shuraih was asked, “What did `Amr reply?” He said, (`Amr said) ‘O Abu Shuraih! I know better than you in this respect Mecca does not give protection to a sinner, a murderer or a thief.”
Volume 3, Book 29, Number 59:
Narrated Ibn `Abbas:
“The Prophet () said, ‘Allah has made Mecca, a sanctuary, so it was a sanctuary before me and will continue to be a sanctuary after me. It was made legal for me (i.e. I was allowed to fight in it) for a few hours of a day. It is not allowed to uproot its shrubs or to cut its trees, or to chase (or disturb) its game, or to pick up its luqata (fallen things) except by a person who would announce that (what he has found) publicly.’ Al-`Abbas said, ‘O Allah’s Messenger ()! Except Al-Idhkhir (a kind of grass) (for it is used) by our goldsmiths and for our graves.’ The Prophet () then said, ‘Except Al-Idhkhir.’ ” `Ikrima said, ‘Do you know what “chasing or disturbing” the game means? It means driving it out of the shade to occupy its place.”
Volume 3, Book 29, Number 60:
Narrated Ibn `Abbas:
On the day of the conquest of Mecca, the Prophet () said, “There is no more emigration (from Mecca) but Jihad and intentions, and whenever you are called for Jihad, you should go immediately. No doubt, Allah has made this place (Mecca) a sanctuary since the creation of the heavens and the earth and will remain a sanctuary till the Day of Resurrection as Allah has ordained its sanctity. Fighting was not permissible in it for anyone before me, and even for me it was allowed only for a portion of a day. So, it is a sanctuary with Allah’s sanctity till the Day of Resurrection. Its thorns should not be uprooted and its game should not be chased; and its luqata (fallen things) should not be picked up except by one who would announce that publicly, and its vegetation (grass etc.) should not be cut.” Al-`Abbas said, “O Allah’s Messenger ()! Except Al-Idhkhir, (for it is used by their blacksmiths and for their domestic purposes).” So, the Prophet () said, “Except Al-Idhkhir.”
- Killing animals/hunting birds
- Cutting trees
Exception: Izkhar grass
- Chasing game, or even disturbing it to take its place under the shadow
- Picking up luqta (fallen things)
Exception: small things
In the case of property lost in the Haram, it is not permissible for anyone to take it except the one who identifies it (the owner). If it’s something small and inexpensive, it may be given to those in charge of lost items or given in sadaqah on the owner’s behalf.