#72. TRIMMING HAIR AND NAILS IN THE FIRST TEN DAYS OF DHUL HIJJAH

Alhamdulillah!

Firstly, It should be known that none of the Fuqahaa said that whosoever does not perform Hajj must not cut hairs or nails from his body in the first 9days of DhulHijjah until Eid.
Rather, what they established is ONLY for the one who intends to make the slaughter/sacrifice/layya on the day of Eid. On this matter, the Jurisconsults (Fuqahaa) are at a variance.
The Madh’hab of Imaam Abu Hanifah, and one of the reports from Imaam Maalik – rahimahumallah – is that there is nothing wrong with pulling of hairs and nails from the body during those days as long as one is not in Hajj whether or not he/she intends to make the Slaughter on the day of Id.

Imaam Ash-Shaafi’i’s madh’hab is that it is Makruh (disliked).

Imaam Ahmad bn Hanbal and Ishaaq bn Rahawayh hold that it is Haraam and that whosoever intends to slaughter on the Day of Eid and then takes from his hair – whether armpit, beards, moustache, pubic or head or anywhere – or nails is in sins and will be punished for it.

*Imaam An-Nawawi Ash-Shaafi’* – rahimahullah – mentioned this in _’Al-Majmuu Shar’hu Al-Muhadhdhab’_ saying:

“And our Madh’hab is that the taking off of hair or nails in the first 9 days of DhulHijjah for the one who intends to make the sacrifice is a Makruh that is disliked until the point of his sacrifice. Maalik and Abu Hanifah said it is not Makruh while Sa’id bn Al-Musayyib, Rubay’a, Ahmad, Is’haaq, and Daawud maintain that it is Haraam…”

*Ibn Qudaamah Al-Maqdisi* – rahimahullah – said in _’Al-Mughni’_:

“And whosoever intends to make the sacrifice and the first 10 days come in, then he must not take from his hairs or body anything…”

The evidence for this is the Hadith of Umm Salamah – radiyallaahu anha – that she said that the Rasul – salallaahu alayhi wasallam – said:

(أذا دخل العشر وأراد أحدكم أن يضحي فلا يأخذ من شعره ولا من أظافره شيئا حتي يضحي) مسلم

_”Whenever the first ten days approaches and anyone of you intends to make the sacrifice then let him not take anything from his hairs nor his nails until he makes the sacrifice.”_

Transmitted and Recorded by Muslim
This is clear evidence against the Fuqahaa that hold that there is nothing wrong with it. They relied on a hadith where A’ishah – radiyallaahu anha – mentioned that the Rasul – salallaahu alayhi wasallam – did not make anything haraam for himself in the first days of DhulHijja as long as he was not performing Hajj – the Hadith is found in the Sahihayn.

This evidence does not go contrary to the Hadith of Ummu Salamah as the hadith of Umm Salamah is specific to the Sacrifice and the one who intends to do it whereas the Hadith of A’ishah is generic in meaning.

In Usul al-Fiqh, the fuqahaa are at a consensus that whatever evidence is specific (Khaas) is given preference and precedence over that which is generic (aam).
Therefore dear Brothers and Sisters , *as long as you intend to make the sacrifice, you are not to take of your body hair or your nails until the day of Id and you have done your sacrifice.*

Allaahu A’alam
Baarakallaahu feekum
Jazaakumullaahu khayran