Fiqh Assunah


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  • Fiqh Assunah


  • Fiqh-us-Sunnah, Volume 5: Restrictions of Ihram

    Fiqh-us-Sunnah, Volume 5: Restrictions of Ihram


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

    -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 obedienceto Allah.

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

    The basis of this prohibition are the words of Allah: "Let there be noobscenity nor wickedness nor wrangling in the Hajj" (Qur'an 2.197). BothBukhari 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 hismother 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. Likewiseone is not permitted to wear clothes dyed with a nice fragrant dye or to wearshoes or sewn slippers.

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

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

    Ibn 'Umar reported: "Allah's Messenger (peace be upon him) forbadewomen pilgrims from wearing gloves, veils, and clothes dyed with saffron orwarse. (A sweet smelling plant that was used to dye clothes yellow) Besidesthese, they may wear anything else, any color, silk clothes, ornaments,trousers, or a shirt or shoes." (Reported by Abu Daw'ud, Al-Baihaqi andAl-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 astate of ihram, and she said: "A woman must neither wear a veil to coverher face, nor wear clothes that are dyed with saffron or other fragrant dyeingmaterial." 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." Thisproves 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 withsomething other than a veil. She may also use an umbrella or similar item as ascreen between men and herself. But if she is afraid of tempting others shemust cover her face.

    'Aishah said: "Men on camels used to pass by us while we were with theProphet (peace be upon him) and in the state of ihram. We would cover our faceswith our gowns when they passed by us, and then uncover them again." Thisis 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 thestate of ihram.

    Volume5, Page 50: A Man Without Garb or Shoes for Ihram

    A person who has no proper garb and shoes for Hajj may wear whatever isavailable to him. Ibn 'Abbas reported that Allah's Messenger (peace be uponhim) delivered a sermon at 'Arafah saying, "A Muslim (pilgrim) who findsno suitable garb (for ihram), may wear trousers, and if he finds no suitableslippers, he may wear shoes." (This is in the case of a man who findsthese 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 'Ataibn Dinar we read that Aba Al-Sha'sha informed him that Ibn 'Abbas heard theProphet (peace be upon him) saying, "He who finds no garb (for ihram), buthas trousers, he may wear them, and he who finds no (suitable) slippers but hasshoes, he may wear them." At this I (Aba Al-Sha'sha) asked him: "Anddid he say anything about cutting them?" Ibn 'Abbas said: "No."

    Ahmad, therefore, holds that a muhrim who finds no proper garb or slippersmay wear his trousers and shoes, as shown by the hadith of Ibn 'Abbas, withoutbeing required to make any atonement for doing so. (Ibn Qayyim also prefersthis view)

    The permission to wear one' s shoes in case of not having suitable slippersis, according to the majority of scholars, conditional on cutting the shoesdown to the ankles, for this makes shoes similar to slippers. These scholarsconclude 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 tothe ankles." The Hanafi scholars hold that he who has no garb for Hajjmust unsew his trousers before using them as a garb. But he who wears them asthey 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 wearhis trousers as they are, without incurring any penalty, as shown by a hadithof 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 hedoes not find slippers, he may wear shoes after cutting them down to theankles." (Reported by Nasa'i with a sound chain) Such a person must takeoff his trousers and put on a proper garb when and if he finds one. But if aperson finds no proper upper Hajj garment, he should not wear his shirt, forunlike trousers one can do without it.

    Volume5, Page 51: Contracting a Marriage, or Acting on Behalf of Others, or Acting asa Guardian for Someone

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

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

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

    Volume5, Page 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 theplace of sacrifice." (Qur'an 2.196)

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

    Removing the hair is permitted, if it becomes bothersome. In such a case onemust pay atonement, except for the removal of hair of the eye if it bothershim. (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 inhis scalp (necessitating shaving), he should in compensation either fast, orfeed the poor, or offer sacrifice." (Qur'an 2.196) This will be discussedlater.

    Volume5, Page 52a: Using Perfume on Body or Clothes by a Man or Woman

    Ibn 'Umar reported that 'Umar smelled the pleasant smell of perfume comingfrom 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 isreported by Al-Bazzar with a sound chain.

    The Prophet (peace be upon him) said: "Wash away the perfume that youare wearing." He repeated this thrice. The body of a deceased muhrimshould neither be perfumed during the washing, nor any perfume be applied tohis shroud. (Abu Hanifah, however, holds it is permissible) Concerning a muhrimdying in the state of ihram, the Prophet (peace be upon him) said: "Do notcover his head, nor perfume his body, because on the Day of Resurrection hewill be raised with talbiyah on his lips." There is no harm, however, ifsome of the perfume used by a muhrim on his body or clothes before entering thestate of ihram is left over.

    It is permissible, however, to smell the things that are not planted fortheir scent such as apples and quince. These plants are similar to other plantsthat 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 isno harm. Sa'id bin Mansur reported that Salih bin Kaisan said: "I haveseen Anas bin Malik in the state of ihram, while some perfume from the Ka'bahwas 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 anyatonement." The Shafi'i school holds that if someone purposely did so(applied perfume), or was accidently perfumed, and he could wash it off, but hedid not do so, he would be committing a wrong for which he will have to pay apenalty."

    Volume5, Page 53: Wearing Clothes Dyed with Scented Material

    There is agreement among scholars that wearing a Hajj garb dyed with ascented 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 orsaffron without washing them." This is reported by Ibn Abdul Barr andAt-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 notpermitted. Malik has reported from Nafi' that he heard Aslam, the freed-slaveof 'UmarbinAI-Khattab, saying to Abdullahbin 'Umar: "'UmarbinAI-Khattabsaw 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 ofthe Faithful, this is dyed with a reddish dye (that has no smell)." 'Umarsaid: "O People! You are leaders for others. If a layman saw you wearingthis garb he would say: "I saw Talhah bin Obaidullah wearing dyed garb inthe 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 itstaste, color or smell is eliminated. If a muhrim partakes of it, he does nothave to make any atonement. The Shafi'i school holds that partaking of suchfood 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.

    Volume5, Page 53a: Engaging in Hunting

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

    Volume5, Page 53b: Eating Game-Meat

    A muhrim is forbidden to partake of any land game prepared for his sake, athis 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 AbuQatadah were in the state of ihram. On the way, they saw a herd of zebras. AbuQatadah attacked them and killed a female zebra. They all ate of its meat butsaid: "Is it permissible for us to partake of this land game in the stateof ihram?" Then they carried the rest of the meat to the Prophet (peace beupon him), and told him the whole story. The Prophet (peace be upon him) saidto them: "Did any one of you ask Abu Qatadah to attack the herd, or pointit out to him?" They said: "No." He said, "Then, you mayeat 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 forhim, nor pointed out by him to someone else, and in the hunting of which he didnot 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 ihramprovided you yourselves do not kill it but it is killed for you (by someoneelse)." This is reported by Ahmad and Tirmizhi, who said: "Jabir'shadith is explanatory, but we do not know the narrator who reported it fromJabir to Al-Muttalib."

    Some of the schol;lrs follow this principle and consider that eating meat ofland game is lawful for a muhrim if he does not hunt it, nor is it hunted forhis 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 reportedon this issue."

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

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

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

    Volume5, Page 55: Penalty for Violating Sanctity of Ihram

    A muhrim who for a genuine reason is compelled to violate any of therestrictions of ihram, like shaving his head, wearing sewn clothes because ofcold or heat or something else, with the exception of having sexual intercoursewith 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 needyperson should be given at least the equivalent of half sa in measure) or fastthree days to atone for it.

    Violation of restrictions of ihram other than sexual intercourse does notinvalidate Hajj or 'Umrah. Sexual intercourse with one's wife invalidates Hajjor 'Umrah. Abdur Rahman bin Abi Laila reported from K'ab bin 'Ujrah thatAllah's Messenger (peace be upon him) passed by him while in Hudaibiyah andsaid, "Are the lice in your head bothering you?" He said,"Yes." The Prophet (peace be upon him) said, "Shave your headand slaughter a sheep, or fast three days or give a measure of three sa ' ofdates to six needy people." (Reported by Bukhari, Muslim and Abu Daw'ud)In another report the same narrator says: "Lice infested my hair andbothered me, while I was with Allah ' s Messenger (peace be upon him) duringHudaibiyah. It got so bad that I was afraid of losing my sight. Then Allah, theAlmighty revealed the Qur'anic verse (2.196) "And if any of you is ill orhas an ailment in his scalp (necessitating shaving) (he should) in compensationeither fast or feed the poor or otfer sacrifice." Upon this Allah'sMessenger (peace be upon him) called me and said: "Shave your head, orfast three days or feed six poor persons one farq (A measure commonly used inMadinah at the time of the Prophet, it is roughly equivalent to sixteen Iraqirotl) of raisins, or slaughter a sheep." So I shaved my head andslaughtered a sheep."

    With regard to penalty Ash-Shafi'i makes no distinction between a muhrim whois compelled to violate ihram by some genuine need, and one who does so withoutany genuine cause. In either case penalty must be paid to atone tor violation.Abu Hanifah holds that a person who violates the ihram restrictions withoutgenuine cause must offer a sheep to compensate for his violation, if he canafford it. A person who cannot afford this does not have to make any atonementas mentioned above.

    Volume5, Page 56: Clipping Some Hair Only

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

    Volume5, Page 56a: Rubbing Oil on the Body in the State of Ihram

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

    Volume5, Page 56b: Wearing Sewn Clothes or Applying Perfume by Mistake or inIgnorance

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

    Ya'la bin Umayyah reported that a man came to the Prophet (peace be uponhim) while he was at Al-Ji ranah. The man was wearing a cloak and both his headand beard were dyed and perfumed. He said: "O Allah's Messenger! Ideclared 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 offyour cloak, and do in your 'Umrah what you should do in your Hajj.'' (Reportedby the Group except Ibn Majah)

    Bukhari reported that 'Ata said: "If a muhrim uses perfume or wearssewn clothes, forgetfully or unknowingly, he incurs no penalty, nor is herequired to make any atonement." This is different however, from the caseof killing a game - unknowingly or forgetfully - for which a muhrim mustslaughter a sheep in compensation, because it involves a monetary guarantee. Inmatters relating to security of property, knowledge and ignorance, forgetfulnessand intention, are all the same, as it is in the cases of guarantee pertainingto people' s property.

    Volume5, Page 56c: Sexual Intercourse Nullifies Hajj

    Ali, 'Umar and Abu Hurairah issued a verdict concerning a man who had sexualintercourse 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 thefollowing year and slaughter an animal."

    Abu Al-'Abbas At-Tabari said: "If a muhrim had sexual intercourse withhis spouse before the first tahallul* from ihram, regardless of whether it wasbefore 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 cameland 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 thefollowing year, and besides, according to the majority of the scholars, mustalso offer a sacrifice. According to 'Ata some scholars hold that the husbandand wife may offer only one sacrifice.

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

    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 iseven unable to do that, then he may estimate the value of the camel, anddistribute food of that amount among the poor and needy people, so that everyperson receives one mudd. If he is unable to do so, then he should fast a dayfor each mudd thereof.

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

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

    Sexual intercourse, if it happens after the first break in ihram (followingthrowing pebbles and shaving one's head at Mina), does not invalidate Hajj nordoes it require Hajj to be repeated later. This is the view of most of theknowledgeable people. But others hold that making up Hajj and offering asacrifice is mandatory. This is the opinion of Ibn 'Umar, Al-Hasan, andIbrahim. There is also disagreement as to what animal is to be offered insacrifice, a sheep or a camel?

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

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

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

    Mujahid said: "A man came to Ibn 'Abbas and said to him: 'Such and sucha woman came to me with all her make up while I was in the state of ihram. Icould not control myself, and ejaculated. (What should I do?)' Ibn 'Abbaslaughed until he fell on his back and said: 'You are very lustful. There is noharm. But you must slaughter a sheep. Your Hajj is complete'." This wasreported by Sa'id Ibn Mansur.

     

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