أحكام الحج و العمرة : دراسة و تحقيق جزء من شرح الجامع الصغير لظهير الدين التمرتاشي

الملخص EN

Praise be to God, who made it easy for me to write a brief research entitled “The Rulings of Hajj and Umrah, ” part of the Explanation of the Small Mosque of Imam Muhammad bin Al-Hassan Al-Shaibani, and this research was divided into an introduction, two chapters and a conclusion.

The introduction included the objectives and importance of the research.

The research plan includes two topics: The first topic: Introducing the Imam and his author.

It has two requirements: The first requirement: Introducing Imam Muhammad bin Al-Hassan Al-Shaibani, and this requirement deals with his name, surname, nickname, and birth, as well as his sheikhs and students, and his scientific effects, as well as presenting his writings, the praise of scholars for him, and his death.

The second requirement: Introducing the small mosque, and I will address in this requirement the importance of the book and its scientific value, the literature that served this book, and its explanations.

As for the second topic, it was in the most important provisions of Hajj and Umrah, and it dealt in this topic with the conditions of the obligation of Hajj, as it dealt with the sayings of the jurists regarding road safety, is it a condition for performing Hajj or a condition for it to be obligatory.

It also dealt with the issue of if the sea is between it and Mecca, is Hajj obligatory for him, and the most correct opinion was the opinion of the majority of jurists who said that if the sea is between it and Mecca, then Hajj is obligatory for him; This is because the sea at the present time has become a dependent road like land due to the technological progress in this matter, which is what Imam Muhammad bin Al-Hassan Al-Shaibani favored in his book.

I also presented in this topic the issue of the ruling that Hajj is obligatory for the blind, and the most correct opinion is the opinion of the majority of jurists who say that Hajj is obligatory for the blind if he finds provision, a camel and a leader to lead him.

This is because the blind with the leader does not find it difficult to travel from getting on and off, so he becomes like the sighted and the sighted may not be guided to the road by himself, which is what the imam preferred.

I also dealt in this topic with the issue of the obligation of Hajj to be immediate or slack? And the most correct in it was the saying that the Hajj is obligatory on laxity, and this opinion is better for it to be easy for the people and not to be judged to be sinful, and the one who said this saying sees expansion according to the foregoing fear of missing out, and that differs according to different people in strength and weakness, the abundance of diseases and their scarcity, and the safety and fear of the road.

This topic also dealt with the disagreement of the jurists, as if a man leads the house and he faints, so his companions forbid him and stand him in situations and perform the rituals, does that suffice him on the basis of the argument of Islam? The most correct in it was the saying of Imam Abu Hanifa, because it facilitates the people in the Hajj.

The conclusion includes the most important results of the research, recommendations, and references.