|
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 and blessing 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 and blessing 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 and blessings 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 Dawud, Al-Baihaqi and Al-Hakim, with
a sound chain of authorities)
Bukhari
reported that `A’ishah 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."
`A’ishah
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 and blessing 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.
`A’ishah
said: "Men on camels used to pass by us while we were with the
Prophet, peace and blessing 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 Dawud and
Ibn Majah. `Ata, Malik, Ath-Thawri, Ash-Shafi`i, Ahmad, and Ishaq
hold that it permissible for women to cover their faces in the
state of Ihram.
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 and blessing 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 and blessing 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.
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 and
blessing 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. Tirmidhi has also reported it but without the words
"nor get engaged for marriage." Tirmidhi considers this a
sound Hadith and remarks that the Companions of the Prophet, peace
and blessing be upon him, practiced it.
Some
of the reports that say the Prophet, peace and blessing 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."
Tirmidhi
said: "There is disagreement concerning the marriage of the
Prophet, peace and blessing 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
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.
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 and blessing 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 and blessing 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 and blessing 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 Ibn Mansur reported that Salih Ibn Kaisan
said: "I have seen Anas Ibn 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 accidentally 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."
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 `Umar Ibn Al-Khattab, saying to `Abdullah
bin `Umar: "`Umar bin Al-Khattab saw Talhah Ibn `Ubaidullah
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 Ibn `Ubaidullah 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.
Engaging
in Hunting
A
Muhrim may fish, eat sea game, or mention any kind of seafood. 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)
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 and blessings be upon him, went for Hajj
and they also went with him. The Prophet, peace and blessing 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 and
blessing be upon him,, and told him the whole story. The Prophet,
peace and blessing 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 Tirmidhi, 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 scholars 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
Ibn `Uthman At-Taimi reported: "We went for Hajj with Talhah
Ibn `Ubaidullah. 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`b Ibn Jathamah Al-Laithi which says:
"Someone presented meat of a zebra to the Prophet, peace and
blessing be upon him,, while he was in the area known as Al-Abwa or
Bawaddan. The Prophet, peace and blessing be upon him, declined it,
but when he saw marks of disquiet on the presenter's face, the
Prophet, peace and blessing 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."
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 Ibn Abi Laila reported
from K'ab Ibn 'Ujrah that Allah's Messenger, peace and blessings 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 and blessing 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 Dawud) In another report the same narrator says:
"Lice infested my hair and bothered me, while I was with
Allah’s Messenger, peace and blessings 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 offer 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 for 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.
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 Ibn 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.
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 un-perfumed 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.
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
Ibn `Umayyah reported that a man came to the Prophet, peace and
blessing be upon him, while he was at Al-Ju`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 and
blessing 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.
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.
|
