فقه أم المؤمنين عائشة ـ رضي ال فقه أم المؤمنين عائشة ـ رضي الله عنها ـ في الحج جمعاً ودراسة .

Abstract

This research focuses on the jurisprudence of the Mother of the Believers, Aisha - may God be pleased with her - regarding Hajj, by compiling and studying it. This is done by mentioning her narration, explaining her jurisprudence, then her evidence, mentioning those who agreed with her and those who disagreed with her from among the Companions, the Successors, and the four jurists, comparing and discussing them, and explaining what is most correct. A previous study was limited to the jurisprudence of Lady Aisha - may God be pleased with her - in the aspects of purification and prayer. The need remains urgent to complete the aspect of worship through study; so this research came to fill that gap, and aims to reveal the narrations from the Mother of the Believers, Aisha, in the jurisprudence of Hajj, and their degree, and to clarify those who agree with Lady Aisha - may God be pleased with her - and those who disagree with her from among the Companions, the Followers, and the four jurists and their evidence. The nature of the research necessitated the use of the inductive and analytical method, by collecting the scattered jurisprudence of Lady Aisha (may God be pleased with her) from authoritative books, studying and analyzing it, and the comparative method, in order to compare and discuss it, and to clarify the most correct view. Several results were reached, the most prominent of which is: First: If Lady Aisha - may God be pleased with her - has two narrations on the matter, then either one of the narrations is weak, such as the issue of combining weeks in circumambulation, and riding in the Sa’i between Safa and Marwa, or it is authentic and the other is more authentic and preferable than it, such as it being in the two Sahihs or one of them, such as praying the two Rak’ahs of circumambulation at the times when it is prohibited. Secondly: The pilgrim in ihram for Hajj should continue reciting the Talbiyah until he throws the pebbles at Jamrat al-Aqaba on the Day of Sacrifice, because the words and actions of the Prophet (peace and blessings be upon him) take precedence over anyone who contradicts them. Thirdly, among the issues on which Aisha (may God be pleased with her) differed from the majority of the four Imams was the omission of spending the night in Mina on the night of Tarwiyah (the eighth day of Dhul-Hijjah). Because she would stay in Mecca on the night of Arafah, the evening of the Day of Tarwiyah, generally throughout the night, as narrated from her, contrary to the majority opinion that it is a ritual of Hajj and a recommended practice for which one is rewarded.