Question Summary:
Tartib in Hajj

Question Detail:

I refer to the fatwa number 27747, answer date 14th Dec 2013, where you have mentioned according to Hanafi madhab, Rami, Sacrifice and Halq need to be done in an order, otherwise a Dam will be required.
 
Could you please explain some details, as it seems conflicting with the following hadith mentioned in Sahi Bukhari.
 
Narrated Ibn Abbas (RA): A man said to the Prophet (PBUH), “I performed ‘Tawaf-al-Ifadah’ before Ramy (throwing pebbles at Jamarat).” The Prophet (PBUH) replied, “There is no harm.” The man said, “I had my head shaved before slaughtering.” The Prophet (PBUH) replied, “There is no harm.” The man said, “I have slaughtered the Hady (animal for sacrifice) before Ramy (throwing pebbles at Jamarat).” The Prophet (PBUH) replied, “There is no harm.”
 
Also refer to the following link (http://www.quranandhadith.com/rites-of-hajj/), see step 7 under the heading "rites of hajj", where this hadith is also mentioned.
 
Could you please explain, whether the above hadith is only considered in other madhab and not in hanafi madhab. If so, why has Imam Abu hanafi (RA) has chosen to follow a specific order in Rami, sacrifice and Halq. What is the hikmah behind it.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The narrator of the hadeeth in reference  is Ibn Abbas (Radiallahu Anhu). Ibn Abbas (Radiallahu Anhu) also narrated  the following:
مَنْ قَدَّمَ شَيْئًا مِنْ حَجِّهِ أَوْ أَخَّرَهُ فَلْيُهْرِقْ لِذَلِكَ دَمًا 
“Whoever carries out an action of Hajj before or after its appointed time should slaughter in lieu of that.”[1]
The only way to practice on both Ahadeeth without rejecting any one hadeeth  is to interpret “There is no harm” as exemption from  sin in the hereafter. This does not mean that sequence is not compulsory and penalty is waived.
Rasulullah (Salallahu Alaihi Wa Salaam) said:
خذوا عني مناسككم
Take from me your Hajj.[2]
 
Also consider the following hadeeth[3]:
عن أنس بن مالك أن رسول الله صلى الله عليه وسلم أتى منى فأتى الجمرة فرماها ثم أتى منزله بمنى ونحر ثم قال للحلاق خذ وأشار إلى جانبه الأيمن ثم الأيسر
Rasulullah (Salallahu Alaihi Wa Salaam) came to Mina then went to Jamarat and pelted stones, then went to his place in Mina and slaughtered an animal and said to a barber: “Shave” and showed  the right part,  then the left[4].
From this hadeeth sequence in actions is clear.
 
Abu Ali ad-Dagistani
Student Darul Iftaa
Moscow, Russia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net