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Jurists have determined that sa’y comprises spanning the distance between the two mounts of as-Safa and al-Marwa at Mecca in the known number of rounds and manner. Throughout the Muslim era, it has been necessary to expand the mas’a to accommodate the increasing number of worshippers performing this rite. Ibn Kathir [died 774 AH] cited some scholars of his time who said that the area between the pillars between which it is recommended to trot, is wider than Batn al-Masil across which the Prophet hastened his pace during the rounds of sa’y. Al-Bajirmi and others also said that the width of the mas’a was 35 arm’s length. Part of this area was incorporated into the mosque. The rite of sa’y is an ongoing religious duty that integrates the need to perform it in the prescribed manner and the worshippers’ right to perform it without burdening them beyond their abilities in addition to lifting harm. The rights of the worshippers to have their public interests protected — such as facilitating the rite for them in response to overcrowding, may conflict with its performance. The scholarly disagreement on this is based on three considerations; 1- The extent to which crowding may be considered a cause of a conflict between the rights of the worshippers and the performance of the rite itself in the optimal manner. 2- The effect of the conflict between performing the rite in the prescribed manner and between the rights of worshippers; consequently, making sa’y analogous to the right of Allah and the rights of worshippers. 3- The means of reconciling the prescribed manner of making sa’y with the worshippers’ rights when there is crowding. The study reaches a conclusion determining that a horizontal expansion that includes the boundaries of the mounts of as-Safa and al-Marwa, is not considered an encroachment upon the old mas’a but is rather a rectification of the hardships people have imposed upon themselves [by narrowing the mas’a]. The area, along with the expansions, comprises the actual the actual mas’a and is not simply a legal. All forms of horizontal and vertical expansions beyond the limits of the two mounts do not change the legal ruling for the mas’a. Al-Qarafi and other scholars have maintained that relevant issues follow the same ruling as the original. The study recommends that scholars must block the means for any discord between Muslims. They are to avoid issuing legal rulings that plant the seeds of doubt in the hearts of worshippers performing sa’y due to the differences of scholarly opinions. This is especially so if the ijtihad [legal reasoning] is performed by the person in authority after he is presented with the different juristic opinions.
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