Fiqh-us-Sunnah
Find on this Page

 

Fiqh 5.31: Ihram, Definition

Ihram is the intention to perform either Hajj or 'Umrah, or to make intention of performing both. Intention is an important element of both. Allah says: "And they have been commanded no more than this: to worship Allah, offering Him sincere devotion.'' (Qur'an 98.5) The Prophet (peace be upon him) said: "The actions will be rewarded according to the intentions behind them, and every person will have what he had intended."

We have dealt with the subject of intention in Fiqh us-Sunnah, Vol.1.(See the chapter on Wudu in Fiqh us-Sunnah vol. 1) The human heart is its seat. Al-Kamal bin al-Homam reported, "We are unaware of anyone among the narrators reporting about the rites performed by the Prophet (peace be upon him) and saying that he (the Prophet) declared his intention to perform Hajj or 'Umrah aloud saying, "I have made the intention to make 'Umrah or Hajj."

 

Fiqh 5.31 c: Etiquette of Ihram, Cleanliness

This means clipping one's fingernails, trimming the moustache, shaving off the hair from under the armpits, shaving the pubic hair, making an ablution or preferably taking a complete bath, and in the case of men, to comb their beard and hair.

Ibn 'Umar said: "It is sunnah for a pilgrim to take a complete bath before entering the state of ihram or before entering Makkah." This is reported by Al-Bazzar, Ad-Daraqutni, Al-Hakim, who considers it a sound hadith.

It is reported from Ibn 'Abbas that Allah's Messenger (peace be upon him) said: "A woman in the state of confinement after childbirth and one in her menstruation period must take a complete bath, declare her ihram, and perform all the rites except circumambulation around the Ka'bah, which she may perform after she is in a state of purification." (Ahmad, Abu Dawud, and Tirmizhi who considers this hadith sound)

 

Fiqh 5.32: Taking off all sewn clothes and putting on the Hajj garb

This consists of two sheets of cloth. One of these is wrapped round the upper part of the body, except the head, and the other (izar) is wrapped round the lower part of the body. Both of these sheets should be white as this color is the best color in the sight of Allah.

Ibn 'Abbas said: "Allah's Messenger (peace be upon him) combed his hair, wore some perfume, put on his Hajj garb, along with his Companions, and then he set out from Madinah accompanied by them." (Reported by sukhari)

 

Fiqh 5.32 a: Wearing Some Perfume

The perfume may be used on the body as well as the Hajj garb, even if it should continue to smell afterwards.

'Aishah said: "It is as if I can still (in retrospection) see the traces of perfume glittering on the Prophet's head while he was in the state of ihram." (Reported by sukhari and Muslim) She also reported: "I used to apply perfume to the Prophet (peace be upon him) before he wore his Hajj garb, and again when he ended his state of ihram, but before he had made Tawaf around the Ka'bah." (Bukhari and Muslim) In another report transmitted by Ahmad and Abu Daw' ud, 'Aishah said: "We used to go to Makkah with Allah's Messenger (peace be upon him), and when we wore our Hajj garb we used to sprinkle musk on our foreheads. And if one of us was sweating or perspiring it would run down her face. The Prophet (peace be upon him) would notice this but did not prohibit its use."

 

Fiqh 5.32 b: Praying Two Rak'ahs

With these, one should make one's intention to assume the state of ihram. In the first rak'ah one should recite Surah AlKafirun, and recite Surah Al-Ikhlas in the second rak'ah after the recitation of Surah Al-Fatihah.

Ibn 'Umar reported: "The Prophet (peace be upon him) used to offer two rak'ahs at Zhul-Hulaifah.

If, however, one offered a prescribed prayer at that time it will suffice him, just as a prescribed prayer suffices and replaces a prayer of salutations to the mosque.

 

Fiqh 5.32 c: Kinds of Ihram

Ihram is of three kinds:

1 Qiran (combining both 'Umrah and Hajj).

2 Tamattu' (combining both Hajj and 'Umrah with a break in between), and

3 Ifrad (Hajj only).

There is consensus among scholars that all these three kinds are legitimate.

'Aishah reported: "We left (Madinah) with Allah's Messenger (peace be upon him) to perform the Farewell Hajj. Some of us declared ihram to perlorm 'Umrah, while others declared their intentions to perform both Hajj and 'Umrah. Yet others declared their ihram to perform Hajj only. The Prophet (peace be upon him) declared ihram for Hajj only.

As for those who intended 'Umrah, they terminated their ihram as soon as they finished the rituals of 'Umrah. Those who intended to combine Hajj with 'Umrah or those who intended to perform Hajj only, they did not terminate their ihram until the Slaughtering Day (Yawm un-Nahr), the 10th of Zhul-Hijjah." (Reported by Ahmad, Bukhan, Muslim and Malik)

 

Fiqh 5.33: Qiran - Combining Hajj and 'Umrah

In it a pilgrim declares his intention to perform both Hajj and 'Umrah together, and says when doing talbiyah, "O Allah, I answer your call to perform Hajj and 'Umrah." Such a pilgrim is required to remain in the state of ihram until he has performed all the rites of 'Umrah and Hajj. Or, for this kind of ihram, a pilgrim may declare his intention to perform 'Umrah and later, before making the Tawaf around Ka'bah, make his intention to perform Hajj as well.

 

Fiqh 5.33 a: Tamattu' - Combining 'Umrah and Hajj With a Break in Between

Tamattu' means performing 'Umrah during the Hajj season, and then subsequently making Hajj the same year. It is called tamattu' (or enjoyment) due to the fact that a pilgrim has the added advantage of performing Hajj and 'Umrah in the same journey without having to go back home, and also because such a pilgrim after the 'Umrah, enjoys normal life; he can wear his usual clothes, apply perfume, and do other things until the time he once again puts on his Hajj garb for the Hajj.

Anyone intending to make a tamattu' should on approaching the miqat, first make intention for 'Umrah. While uttering talbiyah he should say: Labbaik bil 'Umrah. "O Allah, I answer Your call to perform 'Umrah." Such a pilgrim should keep on his or her Hajj garb until he circumambulates around the Ka'bah, walks between Safa and Marwah, then clips his hair or shaves it. After that he may put away his Hajj garb and wear his usual clothes. He may do everything that is permissible but was prohibited for him in the state of ihram. On the 8th of Zhul-Hijjah, such a person must declare his or her intention to perform Hajj and put on ihram from Makkah.

The author of Al-Fath says: "The majority of the scholars agree that Tamattu' means a pilgrim may combine Hajj with 'Umrah during the months of the Hajj and in the same journey, and that when he performs 'Umrah he should be present in Makkah. In the absence of any of these conditions he may not perform Hajj tamattu'.

 

Fiqh 5.34: Ifrad (Or Hajj only)

Ifrad means a pilgrim intending to perform Hajj only should, while at the miqat, make intention for Hajj only. While making talbiyah he or she should say, Labbaik bihajj "(O Allah, I answer your call to perform Hajj)," and must keep his or her Hajj garb until all the rites of Hajj are completed. Then, if such a pilgrim desires, he or she may perform an 'Umrah.

 

Fiqh 5.34 a: Which of the Above Kinds of Hajj and Umrah Combination is the Best

The scholars disagree as to which of these is the best kind. The Shafi'i school holds that ifrad and tamattu' are superior to qiran, because in either of the former two kinds a pilgrim has the opportunity to perform complete rites of Hajj and of 'Umrah. On the other hand, a qarin (one who undertakes a qiran Hajj) is able to perform Hajj only.

As to which of the two--tamattu' or ifrad--is better, there are two opinions. One group of scholars holds tamattu' as superior to ifrad, while the others hold ifrad is better.

The Hanafi school holds that qiran is better than tamattu' and ifrad, and that tamattu ' is better than if rad. The Maliki school holds that if rad (Hajj only) is better than tamattu' and qiran. The Hanbali scholars, on the other hand, are of the view that tamattu' (combining Hajj and 'Umrah with a break in between), is better than the qiran and ifrad. This is comparatively easy and the people can perform it comfortably.

In fact, this is what the Prophet (peace be upon him) performed himself and commanded his Companions to do likewise. 'Ata said, "I heard Jabir ibn Abdullah saying, 'We (the Companions) declared our intention to perform Hajj only. On the 4th of Zhul-Hijjah the Prophet (peace be upon him) commanded us to terminate our state of ihram, saying, "Terminate your state of ihram and go to your wives." He did not, however, oblige us to do so but he permitted us. We said: 'There are only five days left to the Day of 'Arafah. Shall we go to 'Arafah while semen is dribbling from our male organs?" The Prophet (peace be upon him) stood up and said: "You know that I fear Allah the most, and that I am the most truthful, and the most pious amongst you. If I had not brought my sacrificial animals with me, I also would have terminated my state of ihram. If I were to again come (to Makkah), I shall not bring the sacrificial animals with me. So terminate your state of ihram." At this we terminated our state of ihram; we listened to and obeyed (the Prophet)." This was reported by Muslim.

 

Fiqh 5.35: Putting on Ihram Without Specifying Its Kind

If a person puts on ihram with the intention of performing whatever Allah has prescribed for him without specifying any of the above three kinds due to lack of knowledge. his ihram would be quite lawful and valid.

The scholars said: "If such a person utters talbiyah like others with the intention of performing the rituals (of Hajj), but says nothing in words, nor makes an intention in his heart, nor specifies whether it is tamattu', ifrad, or qiran Hajj that he intends, his pilgrimage would still be valid, and he will be reckoned to have made one of the three kinds of Hajj.

 

Fiqh 5.35 a: Tawaf and Sa'i for those Performing Qirarl and Tamattu' - The People Living Within the Sacred Precincts of Ka'bah May Perform Ifrad (Hajj only).

Ibn 'Abbas was once asked about the break between 'Umrah and Hajj to which he replied: "The Muhajirun (immigrants from Makkah), the Ansar (people of Madinah), and the wives of the Prophet (peace be upon him) declared their intention to perform the Farewell Hajj. So we also declared our intention to do the same. Upon arrival in Makkah, the Prophet (peace be upon him) said: "Make your declaration of intention for 'Umrah only, except for those who have already designated their sacrificial animals, and brought them along with them." We made Tawaf of Ka'bah, walked seven times between Safa and Marwah. Then we consorted with our wives and wore our regular clothes. The Prophet (peace be upon him) further told us: "Those who have garlanded (i.e., marked) their sacrificial animals, they must not break their state of ihram until the animal reaches the slaughter house to be offered in sacrifice. Then we were commanded by the Prophet (peace be upon him) to declare our intention for Hajj on the night of the 8th of Zhul-Hijjah. After completing all the rites of Hajj, we went and circumambulated around the Kabbah, walked between Safa and Marwah, and thus we completed Hajj and we offered the sacrifice as Allah says, "If anyone wishes to continue the 'Umrah onto the Hajj, he must make an offering such as he can afford, but if he cannot afford it, he should fast three days during the Hajj and seven days on his return ... (to his country)." (Qur'an 2.196) Offering a sheep in sacrifice is enough for this purpose. These Companions of the Prophet (peace be upon him) combined two worships in one year: Hajj and 'Umrah. Allah has mentioned it in His Book and (reinforced it) by the practice of His Prophet (peace be upon him), making it permissible for all people, excepting the residents of Makkah. Allah says (Qur'an 2.136): "This is for those whose household is not in (the precincts of) the Sacred Mosque." The Hajj months referred to are Shawwal, Zhul-Qui'dah and ZhulHijjah. So whosoever combines an 'Umrah and Hajj during these months has to offer a sacrifice, or observe fast. This is reported by Bukhari.

This hadith proves that the residents of Makkah can neither perform qiran nor tamattu'. They may perform if rad only--a single Hajj or a single 'Umrah. This is the opinion of Ibn 'Abbas, and Abu Hanifah in the light of Allah' s words, "This is for those whose household is (in the precincts of) the Sacred Mosque."

There is disagreement among scholars concerning "those whose household is (in the precincts) of the Sacred Mosque." Malik holds that they are the people of Makkah. Al-A'raj agrees with this view and also At-Tahawi who preferred this view. Ibn 'Abbas, Taw'us, and another group are of the opinion that it is the people living within the sacred precincts of Haram, which according to Al-Hafiz, is quite apparent. Ash-Shafi'i holds that any one living around Makkah at a distance not more than that at which one is permitted to shorten regular prayers is a resident of Makkah. Ibn Jarir agrees and prefers this view. The Hanafi scholars hold that all those living within or at the miqat are residents of Makkah. In this regard, the place of residence and not the place of birth of a person is taken into account.

The above hadith also indicates that a person who performs Hajj tamattu' must first make a tawaf of Ka'bah and Sa'i between Safa and Marwah. This will suffice him for tawaful qudum (circumambulation of arrival) which is performed as a greeting to the Sacred Mosque upon arrival there. Then, after the Day of 'Arafah, such a person shall make another tawaf, tawaf ifada. and perform another Sa'i between Safa and Marwah.

As for the qarin, the pilgrim who combines 'Umrah and Hajj and remains in a state of ihram after the first 'Umrah, the scholars are of the opinion that he needs to perform only one tawaf (seven circumambulations around Ka'bah) and one Sa'i (seven rounds between Safa and Marwah) for both the Hajj and 'Umrah. The case of such a person is very much similar to the pilgrim who performs ifrad (Hajj only).

1 Jabir reported: "The Prophet (peace be upon him) combined Hajj and 'Umrah, with one tawaf." This is transmitted by Tirmizhi, who considers it a sound hadith.

2 Ibn 'Umar reported that the Prophet (peace be upon him) said: "He who declared his intention to perform Hajj and 'Umrah together, may perform one tawafand one Sa'i for them." This is reported by Tirmizhi, with the remarks that this is a hasan gharib hadith. Ad-Daraqutni has also reported it, but he adds: "One must not terminate one's state of ihram until one has completed both (the Hajj as well as 'Umrah)."

3 The Prophet (peace be upon him) told 'Aishah: "Your tawaf of the Ka'bah and Sa'i between Safa and Marwah will suffice you for both Hajj and 'Umrah." This is reported by Muslim.

Abu Hanifah, however, is of the view that in such a case (i.e., combining Hajj and 'Umrah) lawaf and Sa'i must be performed twice. The first hadith is preferable considering its authenticity and strength of evidence.

4 A hadith says that a pilgrim who combines Hajj and 'Umrah, with a break in between (as in tamattu') or without a break (as in qiran) must sacrifice at least a sheep. And if one cannot afford the sacrifice he should fast three days during Hajj and another seven days after returning home. It is preferable for such a person to fast three days during the ten days of Zhul-Hijjah before the Day of 'Arafah. Some scholars such as Taw'us and Mujahid, however, hold that such a pilgrim may fast at the beginning of the month of Shawwal. Ibn 'Umar, on the other hand, is of the opinion that such a pilgrim may fast a day before the 8th, and the 8th as well as 9th of Zhul-Hijjah (Day of 'Arafah). If such a pilgrim failed to fast these three days, or fasted some of them before 'Eid, then he may observe fast during the tashriq days (i.e., the I Ith, 12th and 13th of Zhul-Hijjah). This is based on a report from 'Aishah and Ibn 'Umar who said: "Fasting is not permitted on the 11 th, 12th and 13th of ZhulHijjah except for those who are obligated to fast because they cannot afford the sacrifice." This is reported by Bukhari. If one fails to fast these three days during Hajj, then one must make them up later.

As for the seven days of fasting, according to some scholars, one may fast them upon arriving at his home town. Others, like Mujahid and 'Ata, say one may do so after arriving at one's stopover. According to them one may fast these seven days on the way back home. These ten days of fasting do not necessarily have to be fasted consecutively.

Once a person makes intention (for Hajj or 'Umrah) and dons the ihram, he must make talbiyah.

 

Fiqh 5.39: TALBIYAH, Its Legality

There is consensus among the scholars that talbiyah is a prescribed practice. Umm Salamah reported: "I heard Allah's Messenger (peace be upon him) saying: "O Family of Muhammad! Whoso among you intends to perform Hajj must raise his voice while uttering talbiyah." This is reported by Ahmad and Ibn Hibban.

The scholars disagree, however, on its legal status, timing, and the position of one who delays it. Ash-Shafi'i and Ahmad hold that it is sunnah of the Prophet (peace be upon him); it is desirable to utter it when putting on the garb of ihram. Thus, if a person intended to perform Hajj but did not utter talbiyah, his Hajj would still be valid, and he is not required to do anything, because according to them, such a person enters the state of ihram just by making intention to perform Hajj.

Hanafi scholars hold that talbiyah or any substitute for it - such as containing praise or glorification of Allah. and bringing an animal for sacrifice -is a requisite condition for the validity of ihram. If someone puts on the garb of ihram without uttering talbiyah or glorifying Allah or bringing a sacrificial animal, his ihram is not valid, because ihram, according to them, is a combination of intention and one of the rites of Hajj. Thus, if one declares his intention for ihram and performs any of the rites of Hajj, for example if he glorifies Allah or declares, "There is no deity worthy of worship but Allah alone," or if he brought his sacrificial animal along with him but did not utter talbiyah, his ihram will be valid but he will be required to sacrifice an animal as a penalty for failing to do so.

According to the well-known position of Imam Malik, uttering talbiyah is obligatory and in cases where one fails to do so or does not utter it upon donning the garb of ihram but utters it later on, one must slaughter an animal in atonement.

 

Fiqh 5.39 b: Words of Talbiyah

Malik reported from Nafi' that Ibn 'Umar said: "The Prophet (peace be upon him) made his talbiyah in these words: 'Lab-baika Allahumma Lab-baik. Lab-baika la-Sharika laka lab-baik. In-nal Hamda wan-ni 'mata laka wal mulk. La Sharika lak (Here I am at Your service, O Allah! You have no partner, Here I am at Your service, O Allah. Verily, all the praise, the grace belong to You, and the kingdom. You have no partner) "'

Nafi' said that Ibn 'Umar used to add, "I am at Your service, I am at Your service. I am at Your service and at Your call. All good is in Your hands, I am at Your service. Our desire is for You, and also our deeds."

The scholars, however, prefer to restrict the words of talbiyah to the words used by the Prophet (peace be upon him), and there is disagreement among them concerning any addition to them. The majority, however, holds that there is no harm in adding other words to them as Ibn 'Umar and other Companions of the Prophet (peace be upon him) did. The Prophet (peace be upon him) heard them and did not say anything to them.(Reported by Abu Da'wud and Al-Baihaqi) Malik and Abu Yusuf disliked adding to the talbiyah of the Prophet (peace be upon him).

 

Fiqh 5.40: Excellence of Talbiyah

Jabir reported that the Prophet (peace be upon him) said: "Whosoever makes intention to perform Hajj and pronounces talbiyah all day until sunset, Allah the Almighty will forgive his sins, and he will be free of sin as he was the day his mother gave birth to him." (Ibn Majah)

Abu Hurairah reported that the Prophet (peace be upon him) said: "He who declares, 'There is no God but Allah' will get the good news of reward (for him), and he who magnifies Allah (or, says Allahu Akbar - Allah is the greatest) will receive the good news of reward (for him)." They asked: "O Prophet of Allah, is it the (good news of) Paradise?" He replied, "Yes." (Narrated by At-Tabarani and Sa'id bin Mansur)

Sahl ibn Sa'ad reported that the Prophet (peace be upon him) said: "When any Muslim utters talbiyah, everything - every stone or every tree or every pebble - on his right side and on his left side responds with a (similar) talbiyah, until the whole earth resounds with it." (Reported by Ibn Majah, Al-Baihaqi, Tirmizhi, Al-Hakim, who considers it a sound hadith)

 

Fiqh 5.41: Uttering Talbiyah Aloud is Encouraged

Zaid ibn Khalid reported that the Prophet (peace be upon him) said: "Gabriel (peace be upon him) came to me and told me: 'Command your Companions to raise their voices when saying talbiyah, because it is one of the rituals of Hajj." This is reported by Ibn Majah, Ahmad, Ibn Khuzaimah and Al-Hakim, who regards it a sound hadith.

Abu Bakr reported that the Prophet (peace be upon him) was asked: "Which Hajj is the best Hajj?" He replied: "One in which voices are raised when saying talbiyah and a sacrifice is offered." (Reported by Tirmizhi and Ibn Majah) Abu Hazim said: "When the Companions put on ihram their voices would become hoarse even before they reached Makkah." In the light of these ahadith the majority of scholars prefers that the pilgrims raise their voices when saying talbiyah.

Malik holds that one must not raise one's voice in saying talbiyah while inside a congregational mosque. One may, however, say it loud enough for oneself or for those around to hear it, except in the Sacred Mosque and the Mosque of Mina. In these two one should raise one's voice when saying talbiyah. This applies to male pilgrims only.

As for women, they may raise their voices when saying talbiyah so that they themselves or those around them can hear it. To raise their voices above that is disliked for them.

'Ata said: "Men must raise their voices (when saying talbiyah), but a woman should raise her voice so as to hear it herself, but she should not raise her voice more than that."

 

Fiqh 5.41 a: Places Where Talbiyah is Encouraged

Saying talbiyah is desirable in the following places and times: when mounting one' s mount (or any means of transportation), on arriving at a place, on going up a hill or down into a valley, on meeting another group of people, at the end of every prayer, and early in the morning. Ash-Shafi'i said: "We love to say it at all times."

 

Fiqh 5.41 b: Timings of Talbiyah

A pilgrim should begin his talbiyah from the time he wears his ihram and continue it until throwing the first pebble at the Aqabah Jamarah on the 10th of Zhul-Hijjah, the Day of Nahr (sacrifice). Then he should stop saying talbiyah, as the Prophet (peace be upon him) did, according to a hadith transmitted by the Group. Ath-Thawri, the Hanafi school, Ash-Shafi'i, and the majority of scholars also hold this view. Ahmad and Ishaq, however, are of the view that a pilgrim must continue talbiyah until he has stoned all the three jamarahs. After that he may stop saying talbiyah. Malik holds that a pilgrim must continue talbiyah until the end of the Day of 'Arafah (the 9th of Zhul-Hijjah). This applies only to those performing Hajj.

As for those performing 'Umrah, they may discontinue talbiyah after kissing the Black Stone and starting their tawaf. Ibn 'Abbas reports that the Prophet (peace be upon him) used to discontinue talbiyah after kissing the Black Stone (at the start of his tawaf). (Reported by Tirmizhi who considers it a sound hadith. When a person puts on ihram from a miqat he should discontinue ralbiyah on entering the Haram (Sacred Mosque). And those who put on ihram from Ju'rana or Tan'im, they should discontinue it on reaching the houses of Maklcah) In practice, most of the scholars follow this hadith.

 

Fiqh 5.42: Desirability of Invoking Blessings on the Prophet (Peace be Upon Him) and Making Supplications

Al-Qasim ibn Muhammad ibn Abu Bakr said: "It is commendable for a pilgrim to send greetings and blessings on the Prophet (peace be upon him) after saying talbiyah." The Prophet (peace be upon him) used to seek Allah's forgiveness, pleasure, and protection from men after having said his talbiyah. (Reported by At-Tabarani and others)

 

Fiqh 5.43: Taking a Bath, and Changing Clothes by a Muhrim

Ibrahim An-Nakh'i said: "Whenever our companions approached the well of Maimun, they would take a bath and then put on their best clothes."

It is said that Ibn 'Abbas entered a public bath at Al-Johfah (to take a bath), while he was in the state of ihram. He was asked: "How do you do so while in the state of ihram?" He replied: "Allah does not need any of our dirt and filth!"

Jabir said: "A person in the state of ihram may take a bath and wash his garb." Abdullah ibn Hunain reported: "Ibn 'Abbas and Al-Musawir ibn Makhramah were at Al-Abwa when they disagreed on whether a person in the state of ihram can wash his head. Ibn 'Abbas said: 'A person in the state of ihram is permitted to wash his head.' Al-Musawir differed and said that a muhrim is not allowed to wash his head. At this Ibn 'Abbas sent me to Abu Ayyub Al-Ansari. I found him bathing between the two wooden posts (of the well) and was screened with a sheet of cloth.

"I greeted him and he asked who I was. I replied, 'I am Abdullah ibn Hunain and I have been sent to you by Ibn 'Abbas to ask you how Allah's Messenger (peace be upon him) used to bathe while in the state of ihram. At this Abu Ayub Al-Ansari caught hold of the sheet of cloth and lowered it till his head appeared before me, and then told somebody to pour water on his head. He poured water on his head, and he (Abu Ayub Al-Ansari) rubbed his head with his hands by bringing them from back to front and from front to back and said, 'I saw the Prophet (peace be upon him) doing this."' This is reported by the Group except Tirmizhi. Bukhari added: "Then I came back and told them. And Al-Musawir said to Ibn 'Abbas: 'I will never again argue with you."'

Ash-Shawkani said: "This hadith shows that a muhrim is permitted to take a bath while in the state of ihram and may even cover his head with his hand while doing so."

Ibn al-Munzhir said: "There is consensus that a muhrim may take a bath when in a state of janabah (major impurity). There is disagreement, however, concerning bathing in other cases."

Malik reported from Nafi' that Ibn 'Umar did not wash his head while in the state of ihram except when he had a wet dream."' It is reported that Malik disliked that one should immerse one's head in water while in the state of ihram.

Using soap or any other cleaning agent is permissible. Ash-Shafi'i and Hanbali schools hold one may use perfumed soap for bathing, and similarly women are permitted to undo their hair and comb it, because the Prophet (peace be upon him) ordered 'Aishah, saying: "Undo your hair, and comb it." (Muslim)

An-Nawawi said: "It is permitted to undo the hair and comb it while in the state of ihram provided that no hair is pulled out. Combing, however, is disliked unless there is some genuine reason for it. One may also carry one's belongings on one's head."

 

Fiqh 5.44: Wearing a Short Underpants (short underwear)

Sa'id ibn Mansur reported from 'Aishah that she held that a muhrim may wear underpants. Al Hafiz remarked: "This is an opinion of 'Aishah, but the majority of scholars hold wearing underpants is forbidden for a muhrim, because it is similar to wearing trousers which are forbidden for a muhrim." (Bukhari)

 

Fiqh 5.44 a: Covering the Face

Ash-Shafi'i and Sa'id bin Mansur reported from Al-Qasim that he said: "Uthman ibn 'Affan, Zaid ibn Thabit, and Marwan ibn Al-Hakam used to cover their faces while in the state of ihram." Taw'us said: "A person in the state of ihram may cover his face if there is dust or ashes." Mujahid said: "If there was a sandstorm they covered their faces while in the state of ihram."

 

Fiqh 5.44 b: Women are Allowed to Wear Shoes

Abu Daw'ud and Ash-Shafi'i reported on the authority of 'Aishah that Allah's Messenger (peace be upon him) permitted women to wear their shoes while in the state of ihram.

 

Fiqh 5.44 c: Covering the Head by Mistake

The Shafi'i school holds that there is no harm if a pilgrim forgot and covered his head or wore a shirt in a state of forgetfulness. 'Ata said: "There is no blame on such a person, but he should seek forgiveness of Allah." The Hanafi school says that such a person will have to redeem himself (by offering a sacrifice). There is also disagreement on using perfume by mistake or unknowingly. The Shafi'i school holds: "Ignorance and forgetfulness constitute an excuse enough to remove the need for redemption for doing something forbidden, unless it is something that involves damage such as hunting, shaving, and clipping nails." This is the correct position according to them. We will deal with it at its proper place.

 

Fiqh 5.45: Cupping, Opening an Abscess, Pulling a Tooth or Cutting a Vein

It is substantiated that Allah's Messenger cupped himself in the middle of his head while he was in a state of ihram. Malik said: "There is no blame upon a muhrim if in case of need, he opens an abscess, wraps a wound or severs a vein."

Ibn 'Abbas said: "A person in the state of ihram may pull his tooth or open an abscess." An-Nawawi said: "If a muhrim wants cupping without any reason, and it necessitates cutting hair, then it is unlawful to do so. But if it does not necessitate cutting hair, the majority of scholars hold it permissible. Malik, however, hold that it is disliked. Al-Hasan is of the opinion that one must sacrifice an animal if one does so, even if it does not involve cutting any hair. But if it is done because of a need, then it is permissible, but one will have to pay a ransom to redeem oneself. Zahiri school holds that an atonement is required only for cutting hair from the head.

 

Fiqh 5.45 a: Itching in the Head and Body

'Aishah was asked about a pilgrim who has itching in his or her body. She said: "Yes, he or she may scratch as strongly as he or she likes." This hadith is reported by Bukhari, Muslim and Malik, who added: "If both of my hands were tied, and only my leg was free, I would use it to scratch myself." The same was reported from Ibn 'Abbas, Jabir, Sa'id ibn Jubair, 'Ata and Ibrahim An-Nakh'i.

 

Fiqh 5.45 b: Looking in the Mirror and Smelling Sweet Basil

Ibn 'Abbas said: "A person in a state of ihram is permitted to smell sweet basil, look in a mirror, and cure himself by eating butter and oils." 'Umar bin Abdul 'Aziz used to look in the mirror and use the tooth stick (siwak) while in a state of ihram.

Ibn Al-Munzhir said: "There is consensus among the scholars that a muhrim may eat oil, fat, and butter, but he is not permitted to use perfume all over his body.

Hanafi and Maliki scholars hold it is disliked for a muhrim to stay at a place which is full of perfume or scent, whether he intended to smell it or not. Hanbali and Shafi'i schools are of the opinion that if such a person does so intentionally it is unlawful for him, otherwise there is no harm. The Shafi'i school holds that sitting at a perfumer in an incensed place is permissible, because its prohibition will make things difficult. Applying perfume is not desirable; one should avoid it unless one is sitting in a place where one cannnot avoid it, for example, if one is sitting in the Sacred Mosque when it is scented. In this there is no harm, nor is it disliked, because sitting at this place is a means of achieving closeness to Allah, and to abandon it for something which is at best only permissible is not desirable. One may carry the perfume in a bottle or wrapped in a cloth and one is not required to make any atonement for doing so.

 

Fiqh 5.46: Wearing a Belt Pocket Around the Waist to Keep One's Money and Wearing a Ring

Ibn 'Abbas said: There is no harm if a muhrim wears a ring, or a belt pocket to keep his money.

 

Fiqh 5.46 a: Wearing Kohl in the Eye

Ibn 'Abbas said: A person in a state of ihram may wear kohl if his or her eyes are sore, provided the kohl is not perfumed. There is consensus among scholars on its permissibility for treatment but not as a means for beautification.

 

Fiqh 5.46 b: Sitting Under the Shade of an Umbrella, a Tent, a Roof, etc.

Abdullah ibn 'Amer reported: " 'Umar used to throw a piece of leather on a tree and sit under its shade while he was in the state of ihram." This is reported by Ibn Abi Shaiba.

Ummul-Hussain reported: "I performed the Farewell Hajj with the Prophet (peace be upon him). I saw Usamah ibn Zaid and Bilal. One of them was holding the noseband of the Prophet's she-camel, and the other was shading him with a cloth from the sun until he threw the pebbles at 'Aqabah." This is reported by Ahmad and Muslim. 'Ata said: "A muhrim may shade himself from the sun, and take shelter to protect himself from rain and wind." Ibrahim An-Nakh'i reported: "Al-Aswad ibn Yazid threw a cloth over his head for shelter from rain while he was in the state of ihram."

 

Fiqh 5.46 c: Using Henna

The Hanbali school holds that using henna for dyeing any part of the body, except the head, is not forbidden for a muhrim, male or female. The Shafi'i school holds that a male muhrim may use henna for dying any part of the body, except hands and feet, dying of which without any genuine cause is not permissible in the state of ihram. Also covering one' s head with thick (layers of) henna is not permissible. They also hold that it is not desirable for a woman in the state of ihram to use henna, and that it is unlawful for her to do so if she is in 'iddah after the death of her husband.

The Hanafi and the Maliki schools on the other hand, hold that a muhrim, male or a female, is not permitted to use henna for dyeing any part of the body because it is a perfume, and a muhrim is not allowed to wear perfume during the state of ihram. Khawlah bint Hakim reported from her mother that the Prophet (peace be upon him) told Umm Salamah: "Do not wear perfume while you are in the state of ihram. nor touch henna, because it is a perfume." (Reported by At-Tabarani in Al-Kabir, Al-Baihaqi in his Al-Ma 'rifah, and by Ibn Abdul-Barr in his work At-Tamheed)

 

Fiqh 5.46 d: Punishing a Servant for Discipline

Asma bint Abi Baker reported: "We went for Hajj with the Prophet (peace be upon him). When we reached a place called 'Arj the Prophet (peace be upon him) stopped, and so did we. 'Aishah sat by the Prophet (peace be upon him), and I sat next to Abu Bakr. Their travel supplies were with a servant of Abu Bakr. He sat down waiting for his servant. When the servant came he was walking on foot, and had no camel with him. Abu Bakr asked him about his camel. The servant replied: 'I lost it yesterday.' At this Abu Bakr got angry and said to him: 'You had only one camel (to look after) and you lost it.' And he beat him. The Prophet (peace be upon him) smiled and said: 'Look at this muhrim--Abu Bakr! What is he doing?' And he kept on smiling and repeating this." (Reported by Ahmad, Abu Daw'ud, and Ibn Majah)

 

Fiqh 5.47: Killing Flies, Fleas, and Lice

'Ata was asked by a man about the fleas or ants that vexed him while he was in the state of ihram. He replied: "You may throw away what does not belong to you." Ibn 'Abbas said: "A muhrim may kill lice and ticks."

A muhrim may also remove fleas from his camel. 'Ikrimah reported that Ibn 'Abbas once ordered him to kill the ticks off his camel while they were both in the state of ihram. 'Ikrimah, disliked doing so. Then, Ibn 'Abbas commanded Ikrimah to slaughter a camel, which he willingly did. Thereupon Ibn 'Abbas asked him, "Do you know how many ticks you just killed?"

 

Fiqh 5.47 a: Killing the Five Vicious Animals and Others that are Harmful

'Aishah reported that the Prophet (peace be upon him) said: "Five of the animals are vicious and they may be killed in the sacred precincts of Haram: the crow, the kite, the scorpion, the mouse, and the ravenous dog. This is reported by Muslim and Bukhari, who added "(and) the snake."

There is consensus among the scholars that the small crow which eats the seeds, is not included in the category of the above animals. Under the ravenous dog is included one that bites people and frightens them and all other similar vicious animals that attack humans such as the lion, tiger, leopard and wolf. Thus Allah said: "They ask you what is lawful to them (as food). Say: 'Lawful to you, are (all) things good and pure: And what you have taught your trained hunting animals 8 (to catch) in the manner directed to you by Allah"' (Qur'an 5.4). The Hanafi scholars hold, however, that the word "vicious dog" in this case applies only to dogs and wolves.

Ibn Taimiyyah is of the opinion that a muhrim may kill any harmful creature that usually causes harm to humans, such as snake, scorpion, mouse, crow, and a vicious dog. He is also permitted to defend himself against whatever harms him, whether animals or people; if they assault him, he should fight them back. The Prophet (peace be upon him) said: "He who is killed while defending his wealth is a martyr, and he who is killed while defending his life is a martyr, and he who is killed while defending his religion is a martyr, and similarly he who is killed while defending his honor is also a martyr."

Ibn Taimiyyah further said: "If fleas and lice bite him, a muhrim should cast them out. He may also kill them, and incur no penalty. Casting them out is, however, easier than killing them. Similarly a muhrim is forbidden to kill any animal that he sees, such as a lion, a leopard, etc. But, most of the scholars hold that if he should kill one of these animals, he is not required to make any atonement. Looking for lice without feeling any bite, for comfort and pleasure, however, while one is in the state of ihram, should be avoided. But if someone does it, he is not required to make an atonement.

 

Fiqh 5.49: RESTRICTIONS OF IHRAM

The Law Giver forbids certain things for a muhrim after he dons the ihram garb:

1 Sexual intercourse and all matters leading to it such as kissing, touching, or talking with one's wife about intercourse or related matters.

2 Committing sins that cause a man to deviate from the path of obedience to Allah.

3 Disputing, arguing or fighting with companions, servants or others.

The basis of this prohibition are the words of Allah: "Let there be no obscenity nor wickedness nor wrangling in the Hajj" (Qur'an 2.197). Both Bukhari and Muslim reported on the authority of Abu Hurairah that the Prophet (peace be upon him) said: "He who performs Hajj, committing no obscenity, nor wickedness, nor wrangling, will return home free of sins as the day his mother bore him."

4 Wearing any sewn clothes, such as a shirt, hooded robes, cloak, underpants or wrapping anything around the head, a cap or a fez, etc. Likewise one is not permitted to wear clothes dyed with a nice fragrant dye or to wear shoes or sewn slippers.

Ibn 'Umar reported that the Prophet (peace be upon him) said: "A person in a state of ihram is not allowed to wear a sewn shirt, a turban, a hooded robe, underpants, a cloth that has been dyed with sweet smelling fragrance (such as saffron), shoes or sewn slippers, unless one is unable to find regular unsewn slippers, then one may wear his shoes provided one cuts them down to the ankles." This was reported by Bukhari and Muslim. There is agreement among the scholars that these restrictions apply to men only.

As for a woman pilgrim, she may wear all of the above. But she is forbidden to use perfumed clothes, a veil that covers the face, and gloves.

Ibn 'Umar reported: "Allah's Messenger (peace be upon him) forbade women pilgrims from wearing gloves, veils, and clothes dyed with saffron or warse. (A sweet smelling plant that was used to dye clothes yellow) Besides these, they may wear anything else, any color, silk clothes, ornaments, trousers, or a shirt or shoes." (Reported by Abu Daw'ud, Al-Baihaqi and Al-Hakim, with a sound chain of authorities)

Bukhari reported that 'Aishah wore a dress that was dyed with 'usfur (Usfur: safflower, the red dyestuff prepared from its flower heads) while she was in a state of ihram, and she said: "A woman must neither wear a veil to cover her face, nor wear clothes that are dyed with saffron or other fragrant dyeing material." Jabir said: "I do not consider 'usfur a scent."

'Aishah held that there is no harm for women pilgrims in wearing ornaments, black or rose-colored clothes and shoes.

Bukhari and Ahmad have reported that the Prophet (peace be upon him) said: "A pilgrim woman must neither cover her face nor wear gloves." This proves that a woman in the state of ihram should not cover her face and hands. The scholars, however, say that there is no harm if she covered her face with something other than a veil. She may also use an umbrella or similar item as a screen between men and herself. But if she is afraid of tempting others she must cover her face.

'Aishah said: "Men on camels used to pass by us while we were with the Prophet (peace be upon him) and in the state of ihram. We would cover our faces with our gowns when they passed by us, and then uncover them again." This is reported by Abu Daw'ud and Ibn Majah. 'Ata, Malik, AthThawri, Ash-Shafi'i, Ahmad, and Ishaq hold that it permissible for women to cover their faces in the state of ihram.

 

Fiqh 5.50: A Man Without Garb or Shoes for Ihram

A person who has no proper garb and shoes for Hajj may wear whatever is available to him. Ibn 'Abbas reported that Allah's Messenger (peace be upon him) delivered a sermon at 'Arafah saying, "A Muslim (pilgrim) who finds no suitable garb (for ihram), may wear trousers, and if he finds no suitable slippers, he may wear shoes." (This is in the case of a man who finds these things are either not available, or he has no extra money to buy them) This is reported by Ahmad, Bukhari and Muslim. In Ahmad's narration from 'Ata ibn Dinar we read that Aba Al-Sha'sha informed him that Ibn 'Abbas heard the Prophet (peace be upon him) saying, "He who finds no garb (for ihram), but has trousers, he may wear them, and he who finds no (suitable) slippers but has shoes, he may wear them." At this I (Aba Al-Sha'sha) asked him: "And did he say anything about cutting them?" Ibn 'Abbas said: "No."

Ahmad, therefore, holds that a muhrim who finds no proper garb or slippers may wear his trousers and shoes, as shown by the hadith of Ibn 'Abbas, without being required to make any atonement for doing so. (Ibn Qayyim also prefers this view)

The permission to wear one' s shoes in case of not having suitable slippers is, according to the majority of scholars, conditional on cutting the shoes down to the ankles, for this makes shoes similar to slippers. These scholars conclude this from the above mentioned hadith of Ibn 'Umar in which we read: "If he does not find slippers and finds shoes, he should cut them down to the ankles." The Hanafi scholars hold that he who has no garb for Hajj must unsew his trousers before using them as a garb. But he who wears them as they are (without unsewing them) he must make atonement for doing so.

Malik and Ash-Shafi'i, however, are of the view that such a person may wear his trousers as they are, without incurring any penalty, as shown by a hadith of Jabir ibn Zayd from Ibn 'Abbas that the Prophet (peace be upon him) said: "If a person does not find the garb for ihram, he may wear trousers; if he does not find slippers, he may wear shoes after cutting them down to the ankles." (Reported by Nasa'i with a sound chain) Such a person must take off his trousers and put on a proper garb when and if he finds one. But if a person finds no proper upper Hajj garment, he should not wear his shirt, for unlike trousers one can do without it.

 

Fiqh 5.51: Contracting a Marriage, or Acting on Behalf of Others, or Acting as a Guardian for Someone

Such a marriage contract is invalid, null and void, and is not binding as reported in a hadith transmitted by Muslim and others. It is reported that 'Uthman ibn 'Affan said: The Prophet (peace be upon him) said: "A muhrim must not contract marriage, nor help others contract marriage, nor get engaged for marriage." Malik, Ash-Shafi'i, Ahmad, and Ishaq are also of the same opinion. They hold that it is not permissible for a muhrim to contract a marriage and regard any marriage thus contracted as invalid. Tirmizhi has also reported it but without the words "nor get engaged for marriage." Tirmizhi considers this a sound hadith and remarks that the Companions of the Prophet (peace be upon him) practiced it.

Some of the reports that say the Prophet (peace be upon him) "married Maimunah while he was a muhrim" are contrary to the report transmitted by Muslim that "he married her while he was no longer in the state of ihram."

Tirmizhi said: "There is disagreement concerning the marriage of the Prophet (peace be upon him) to Maimunah, for he married her on his way to Makkah. Some said: 'He married her before he put on ihram, but the news of his marriage became known while he was in the state of ihram. Later he consummated his marriage with her in Saraf, on the road to Makkah, after he was free from the restrictions of ihram.'

Hanafi scholars, however, hold that a muhrim may contract a marriage, because in the state of ihram what is forbidden is not marriage with a woman, but only the consummation of marriage. Contracting a marriage is permissible, but intercourse is forbidden.: Wearing Kohl in the Eye

 

Fiqh 5.52: Clipping Nails, Shaving, Cutting or Removing Hair by any Means, from the Head or any Part of the Body

Allah says: "And do not shave your heads until the offering reaches the place of sacrifice." (Qur'an 2.196)

There is consensus among the scholars that a person in the state of ihram is forbidden to clip his fingernails without any genuine excuse. However, if a nail is broken, one may remove it without incurring any penalty.

Removing the hair is permitted, if it becomes bothersome. In such a case one must pay atonement, except for the removal of hair of the eye if it bothers him. (The Maliki scholars hold there is a penalty for removing hair of the eyes) Allah the Almighty says: "And if any of you is ill, or has an ailment in his scalp (necessitating shaving), he should in compensation either fast, or feed the poor, or offer sacrifice." (Qur'an 2.196) This will be discussed later.

 

Fiqh 5.52 a: Using Perfume on Body or Clothes by a Man or Woman

Ibn 'Umar reported that 'Umar smelled the pleasant smell of perfume coming from Mu'awiyah while the latter was in the state of ihram. 'Umar commanded him: "Get back, and wash it off. I have heard the Prophet (peace be upon him) saying: 'A pilgrim must be unkempt and without any perfume." This is reported by Al-Bazzar with a sound chain.

The Prophet (peace be upon him) said: "Wash away the perfume that you are wearing." He repeated this thrice. The body of a deceased muhrim should neither be perfumed during the washing, nor any perfume be applied to his shroud. (Abu Hanifah, however, holds it is permissible) Concerning a muhrim dying in the state of ihram, the Prophet (peace be upon him) said: "Do not cover his head, nor perfume his body, because on the Day of Resurrection he will be raised with talbiyah on his lips." There is no harm, however, if some of the perfume used by a muhrim on his body or clothes before entering the state of ihram is left over.

It is permissible, however, to smell the things that are not planted for their scent such as apples and quince. These plants are similar to other plants that are not planted for their scent, nor is it extracted from them.

As for the perfume that one may acquire from touching the Ka'bah, there is no harm. Sa'id bin Mansur reported that Salih bin Kaisan said: "I have seen Anas bin Malik in the state of ihram, while some perfume from the Ka'bah was rubbed on his Hajj garb, but he did not wash it off." 'Ata said: "Such a person does not have to wash it off, nor does he need to make any atonement." The Shafi'i school holds that if someone purposely did so (applied perfume), or was accidently perfumed, and he could wash it off, but he did not do so, he would be committing a wrong for which he will have to pay a penalty."

 

Fiqh 5.53: Wearing Clothes Dyed with Scented Material

There is agreement among scholars that wearing a Hajj garb dyed with a scented material is disallowed unless it is washed and its smell removed. Nafi'i reported from Ibn 'Umar that Allah's Messenger (peace be upon him) said: "Do not wear (while in the state of ihram) any clothes dyed with warse or saffron without washing them." This is reported by Ibn Abdul Barr and At-Tahawi.

Wearing scented clothes is disliked for those in leading positions in life, because the masses may imitate them and wear scented clothes which are not permitted. Malik has reported from Nafi' that he heard Aslam, the freed-slave of 'UmarbinAI-Khattab, saying to Abdullahbin 'Umar: "'UmarbinAI-Khattab saw Talhah bin Obaidullah wearing a dyed garb in the state of ihram. At this 'Umar said to him: 'O Talhah, what is this garb!' Talhah replied: 'O Chief of the Faithful, this is dyed with a reddish dye (that has no smell)." 'Umar said: "O People! You are leaders for others. If a layman saw you wearing this garb he would say: "I saw Talhah bin Obaidullah wearing dyed garb in the state of ihram. O People! Do not wear any of these dyed garbs."

There is no harm, however, in using some scent in cooking or drinks when its taste, color or smell is eliminated. If a muhrim partakes of it, he does not have to make any atonement. The Shafi'i school holds that partaking of such food or drink makes an atonement necessary if the smell persists.

The Hanafi school is of the view that that there is no penalty on him, because he did not partake of it to enjoy its perfume.

 

Fiqh 5.53 a: Engaging in Hunting

A muhrim may fish, eat sea game, or mention any kind of sea food. It is forbidden, however, for a muhrim to hunt on land, by killing or by slaughtering. It is also forbidden for a muhrim to point it out if it is visible, or indicate its place if it is invisible, or scare it off. It is also forbidden for him to spoil eggs of animals living on land. Buying, selling them, or milking these animals is also forbidden in the state of ihram. The Qur'an says: "Lawful to you is the pursuit of water game and its use for food - for the benefit of yourselves and those who travel; but forbidden is the pursuit of land game - as long as you are in the Sacred Precincts or in pilgrim garb.'' (Qur'an 5.96)

 

Fiqh 5.53 b: Eating Game-Meat

A muhrim is forbidden to partake of any land game prepared for his sake, at his suggestion or with his help. Abu Qatadah reported that Allah' s Messenger (peace be upon him) went for Hajj and they also went with him. The Prophet (peace be upon him) dispatched a group, including Abu Qatadah, and told them: "Follow the seashore until we meet again." All of them except Abu Qatadah were in the state of ihram. On the way, they saw a herd of zebras. Abu Qatadah attacked them and killed a female zebra. They all ate of its meat but said: "Is it permissible for us to partake of this land game in the state of ihram?" Then they carried the rest of the meat to the Prophet (peace be upon him), and told him the whole story. The Prophet (peace be upon him) said to them: "Did any one of you ask Abu Qatadah to attack the herd, or point it out to him?" They said: "No." He said, "Then, you may eat what is left of the quarry." This is reported by Bukhari and Muslim.

A muhrim may eat the meat of a game which is neither killed by him, nor for him, nor pointed out by him to someone else, and in the hunting of which he did not help others.

Al-Muttalib reported from Jabir that Allah's Messenger (peace be upon him) said: "The (eating of) land game is lawful for you in the state of ihram provided you yourselves do not kill it but it is killed for you (by someone else)." This is reported by Ahmad and Tirmizhi, who said: "Jabir's hadith is explanatory, but we do not know the narrator who reported it from Jabir to Al-Muttalib."

Some of the schol;lrs follow this principle and consider that eating meat of land game is lawful for a muhrim if he does not hunt it, nor is it hunted for his sake. Ahmad, lshaq, Malik and the majority of scholars hold a similar view. Ash-Shafi'i said: "This is the best and the most correct hadith reported on this issue."

The eating of a land game hunted by a muhrim or for a muhrim is unlawful for him, whether it is done with or without his permission. But, if someone else who is not in the state of ihram, hunted it for himself, and offered or sold some of it to a muhrim, he is permitted to partake of it.

Abdur-Rahman bin 'Uthman At-Taimi reported: "We went for Hajj with Talhah bin Obaidullah. While we were in the state of ihram, some meat of birds was given to Talhah. He was asleep. Some of us ate of this meat, while others refrained. When Talhah woke up (and was told about this) he approved of those who had eaten it and said: "We used to eat such meat while we were with Allah's Messenger (peace be upon him). (Reported by Muslim and Ahmad) Other ahadith forbid a muhrim eating the meat of a land game, such as the one reported from As-Sa'ab bin Jathamah al-Laithee which says: "Someone presented meat of a zebra to the Prophet (peace be upon him), while he was in the area known as Al-Abwa or Bawaddan. The Prophet (peace be upon him) declined it, but when he saw marks of disquiet on the presenter's face, the Prophet (peace be upon him) said to him: "We declined (your) present only because we are in the state of ihram."

Considering the assumption behind declining the meat--that it was hunted for the sake of those who were in the state of ihram--these ahadith can be reconciled. The people who were not in the state of ihram meant to hunt for those who were in the state of ihram. Ibn Abdul Barr said: "The argument of those holding this view is that it is supported by sound ahadith on this subject. When taken in this sense we find no contradiction or disagreement in these ahadith. All Sunan should be interpreted in this manner. They do not contradict or disagree with each other when applied in their proper contexts. Ibn Al Qayyim prefers this opinion, and says: "All the traditions of the Companions approve of this course."

 

Fiqh 5.55: Penalty for Violating Sanctity of Ihram

A muhrim who for a genuine reason is compelled to violate any of the restrictions of ihram, like shaving his head, wearing sewn clothes because of cold or heat or something else, with the exception of having sexual intercourse with his spouse, (For details on this see the following pages) he may do so, but he will have to slaughter a sheep, or feed six needy people, (Each needy person should be given at least the equivalent of half sa in measure) or fast three days to atone for it.

Violation of restrictions of ihram other than sexual intercourse does not invalidate Hajj or 'Umrah. Sexual intercourse with one's wife invalidates Hajj or 'Umrah. Abdur Rahman bin Abi Laila reported from K'ab bin 'Ujrah that Allah's Messenger (peace be upon him) passed by him while in Hudaibiyah and said, "Are the lice in your head bothering you?" He said, "Yes." The Prophet (peace be upon him) said, "Shave your head and slaughter a sheep, or fast three days or give a measure of three sa ' of dates to six needy people." (Reported by Bukhari, Muslim and Abu Daw'ud) In another report the same narrator says: "Lice infested my hair and bothered me, while I was with Allah ' s Messenger (peace be upon him) during Hudaibiyah. It got so bad that I was afraid of losing my sight. Then Allah, the Almighty revealed the Qur'anic verse (2.196) "And if any of you is ill or has an ailment in his scalp (necessitating shaving) (he should) in compensation either fast or feed the poor or otfer sacrifice." Upon this Allah's Messenger (peace be upon him) called me and said: "Shave your head, or fast three days or feed six poor persons one farq (A measure commonly used in Madinah at the time of the Prophet, it is roughly equivalent to sixteen Iraqi rotl) of raisins, or slaughter a sheep." So I shaved my head and slaughtered a sheep."

With regard to penalty Ash-Shafi'i makes no distinction between a muhrim who is compelled to violate ihram by some genuine need, and one who does so without any genuine cause. In either case penalty must be paid to atone tor violation. Abu Hanifah holds that a person who violates the ihram restrictions without genuine cause must offer a sheep to compensate for his violation, if he can afford it. A person who cannot afford this does not have to make any atonement as mentioned above.

 

Fiqh 5.56: Clipping Some Hair Only

'Ata reported that if a person in the state of ihram pulled off three hairs or more, he must slaughter a sheep in compensation for that. This was reported by Sa'id bin Mansur. Ash-Shafi'i also reported from 'Ata that if a muhrim pulled one hair he must give one mudd (A dry measure), and for two hairs two mudds to the needy, but if he pulled more than two hairs then he must offer a sheep in sacrifice.

 

Fiqh 5.56 a: Rubbing Oil on the Body in the State of Ihram

It is said in Al Musawwa that according to Abu Hanifah if a muhrim massages any part of his body with pure oil or vinegar he must slaughter a sheep in expiation for it. The Shafi'i school is of the view that if a muhrim used unperfumed oil on his head or beard, then he must slaughter a sheep, but there is no penalty if he uses it on any other parts of his body.

 

Fiqh 5.56 b: Wearing Sewn Clothes or Applying Perfume by Mistake or in Ignorance

A muhrim who wears a sewn garment or uses perfume by mistake or through forgetfulness or ignorance of their inadmissibility incurs no penalty.

Ya'la bin Umayyah reported that a man came to the Prophet (peace be upon him) while he was at Al-Ji ranah. The man was wearing a cloak and both his head and beard were dyed and perfumed. He said: "O Allah's Messenger! I declared my intention for an 'Umrah, but I did what you see!" The Prophet (peace be upon him) said to him: "Wash your hair and beard, and take off your cloak, and do in your 'Umrah what you should do in your Hajj.'' (Reported by the Group except Ibn Majah)

Bukhari reported that 'Ata said: "If a muhrim uses perfume or wears sewn clothes, forgetfully or unknowingly, he incurs no penalty, nor is he required to make any atonement." This is different however, from the case of killing a game - unknowingly or forgetfully - for which a muhrim must slaughter a sheep in compensation, because it involves a monetary guarantee. In matters relating to security of property, knowledge and ignorance, forgetfulness and intention, are all the same, as it is in the cases of guarantee pertaining to people' s property.

 

Fiqh 5.56 c: Sexual Intercourse Nullifies Hajj

Ali, 'Umar and Abu Hurairah issued a verdict concerning a man who had sexual intercourse with his wife in the state of ihram. In this verdict they said: "They both must complete their Hajj, but must also make another Hajj the following year and slaughter an animal."

Abu Al-'Abbas At-Tabari said: "If a muhrim had sexual intercourse with his spouse before the first tahallul* from ihram, regardless of whether it was before or after 'Arafah, it will invalidate his Hajj. Such a person, however, must continue performing the rest of his Hajj rites. He must slaughter a camel and make up for his Hajj the following year."

If the wife was in the state of ihram and she accepted what her husband did, she must continue the performance of Hajj, but must also make it up the following year, and besides, according to the majority of the scholars, must also offer a sacrifice. According to 'Ata some scholars hold that the husband and wife may offer only one sacrifice.

In his commentary on hadith, Sharh Al-Sunnah, Al-Baghawi said - and this is the more famous of the two sayings of Ash-Shafi'i - that a man is required to pay the penalty for sexual intercourse on a day in Ramadan. Such a couple should keep apart (Doing so is mandatory according to Ahmad and Malik, but the Hanafi and Shafi'i schools take it as a recommendation) when they go to make the next Hajj (in compensation for the first one) lest they should repeat what they did before.

If such a man is unable to slaughter a camel, then he may slaughter a cow. If he cannot afford it, then he may slaughter seven (7) sheep. And if he is even unable to do that, then he may estimate the value of the camel, and distribute food of that amount among the poor and needy people, so that every person receives one mudd. If he is unable to do so, then he should fast a day for each mudd thereof.

The scholars said: If a muhrim had sexual intercourse with his spouse before the Day of 'Arafah, then his Hajj will be null and void, and he will have to offer in sacrifice a sheep or one-seventh of a she camel. But if he did so after the Day of 'Arafah, his Hajj will not be invalidated, but he will have to slaughter a camel.

In case such an act is committed by a qarin pilgrim - one combining Hajj with 'Umrah - he must make up for this Hajj qarin with another Hajj qarin and offer another sacrifice just as the pilgrim performing Hajj only does.

Sexual intercourse, if it happens after the first break in ihram (following throwing pebbles and shaving one's head at Mina), does not invalidate Hajj nor does it require Hajj to be repeated later. This is the view of most of the knowledgeable people. But others hold that making up Hajj and offering a sacrifice is mandatory. This is the opinion of Ibn 'Umar, Al-Hasan, and Ibrahim. There is also disagreement as to what animal is to be offered in sacrifice, a sheep or a camel?

Ibn 'Abbas, 'Ikrimah, and 'Ata are of the view that it must be a camel; this is also one of the opinions of Ash-Shafi'i. According to a second opinion of Ash-Shafi'i, a sheep must be offered in sacrifice. Malik agrees with this second opinion.

A muhrim, who had a wet dream or ejaculated by thinking about or looking at a woman, incurs no penalty, according to the Shafi'i school.

These scholars, however, hold that if one kisses or touches his spouse with a sexual desire, he must offer a sheep in sacrifice regardless of whether he ejaculates or not. Ibn 'Abbas holds that such a person incurs penalty and he must slaughter a sheep.

Mujahid said: "A man came to Ibn 'Abbas and said to him: 'Such and such a woman came to me with all her make up while I was in the state of ihram. I could not control myself, and ejaculated. (What should I do?)' Ibn 'Abbas laughed until he fell on his back and said: 'You are very lustful. There is no harm. But you must slaughter a sheep. Your Hajj is complete'." This was reported by Sa'id Ibn Mansur.

 

Fiqh 5.59: KILLING A GAME IN THE STATE OF IHRAM

Allah says: "O You Who Believe, kill not game while in the Sacred Precincts or in Pilgrim garb. If any of you doeth so intentionally, the compensation is an offering, brought to the Ka'bah, of a domestic animal equivalent to the one he killed, as adjudged by two just men among you; or by way of atonement, the feeding of the indigent; or its equivalent in fasts; that he may taste of the penalty of his deed. Allah forgives what is past: For repetition, Allah will exact from him the penalty. For Allah is Exalted, and Lord of Retribution." (Qur'an 5.95)

Ibn Kathir said: "The majority holds that as far as the penalty is concerned there is no difference between one who deliberately kills a game and he who does so forgetfully." Az-Zuhri said: "The Qur'an imposed a penalty only on the intentional killer of the game, while the sunnah includes those who kill a game forgetfully." In other words the Qur'an imposes a penalty on an intentional killer for his sin, as is indicated by the words of Allah "...that he may taste the penalty of his deed."

The sunnah of the Prophet (peace be upon him) and the judgments of his Companions show that he who kills a game by mistake must also pay a penalty. Killing a game is a destructive act, and therefore, whether it is inflicted intentionally or forgetfully, makes little difference, though a deliberate killer is guilty of a sin, whereas one who does so by mistake commits no sin.

In Al-Musawwa, it is stated: "In the opinion of Abu Hanifah, the verse: 'If any of you doeth so intentionally, the compensation is an offering, brought to the Ka'bah, of a domestic animal equivalent to the one he killed' means that one who kills a game must compensate it by sacrificing something similar to or equivalent in price to be decided by two just men." It may be a domestic animal that is brought to the Ka'bah for sacrifice, or else one may feed the needy.

In Ash-Shafi'i's opinion it means that, "Anyone who kills a game while in the Hajj garb must pay a penalty for his act by sacrificing an animal similar in shape and form and two just men must make sure that it is equivalent in value to the game killed. Or else, one must make an atonement or fast for an equivalent number of days."