Saturday, December 1, 2007

Restrictions During the Ihram

IOl Syari’ah Researchers

In the name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, the Lord of the Al-Alamin. May peace and blessings be upon His Messenger.

There are certain acts that are strictly forbidden for a Muhrim when donning the Ihram attire:

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.

3.1. The basis of this prohibition because Allah says: "Let there be neither obscenity nor wickedness nor wrangling in the Hajj" [Qur'an 2.197]. Abu Hurairah narrated that the Prophet SAW 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."[Bukhari and Muslim].

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 fragrant dye or to wear shoes or sewn slippers.

Ibn 'Umar reported that the Prophet SAW 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 unsown slippers, then one may wear his shoes provided one cuts them down to the ankles." [Bukhari and Muslim]

These restrictions apply to men only. As for a woman pilgrim, she may wear it above. But she is forbidden to use perfumed clothes, a veil that covers the face, and gloves. Besides these, they may wear anything else, any color, silk clothes, ornaments, trousers, or a shirt or shoes." [Abu Dawud, Al-Baihaqi and Al-Hakim]

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

The Prophet SAW said: "A pilgrim woman must neither cover her face nor wear gloves." [Bukhari and Ahmad]

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 SAW and in the state of Ihram. We would cover our faces with our gowns when they passed by us, and then uncover them again." [Abu Dawud and Ibn Majah]

A Man without Garb or Shoes for Ihram

A person who has no proper garb and shoes may wear whatever is available to him. Ibn `Abbas reported that Allah's Messenger SAW 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 the garb either not available, or he has no extra money to buy them. [Ahmad, Bukhari and Muslim]

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 reads: "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’e, 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 Zaid from Ibn 'Abbas that the Prophet SAW 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." [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 reported that 'Uthman Ibn 'Affan said: The Prophet SAW said: "A Muhrim must not contract marriage, nor help others contract marriage, nor get engaged for marriage." [Muslim and others]

Malik, Ash-Shafi’e, 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. Tirmidzi has also reported it but without the words "nor get engaged for marriage." Tirmidzi considers it a sound Hadith and remarks that the Companions of the Prophet SAW practiced it.

Some reports say the Prophet SAW "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." Tirmidzi said: "There is disagreement concerning the marriage of the Prophet SAW 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. He consummated his marriage in Saraf, on the road to Makkah; 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.

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." (Surah Al-Baqarah, 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 as Allah 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." [Surah Al-Baqarah, 2:196]

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 SAW saying: 'A pilgrim must be unkempt and without any perfume." This is also reported by Al-Bazzar with a sound chain.

The Prophet SAW 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 SAW 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 are it extracted from them.

As for the perfume that one may acquire from touching the Ka’abah, 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’abah 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’e 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 SAW 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.

It is not accepted 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’e school holds that partaking of such food or drink makes 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. Allah 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.'' [Surah Al-Maidah, 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 SAW went for Hajj and they also went with him. The Prophet SAW 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 SAW 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." [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 SAW said: "The (eating of) game meat 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 Tirmidzi, 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’e said: "This is the best and the most correct Hadith reported on this issue."

The eating of a 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 SAW. [Reported by Muslim and Ahmad].

Other hadith forbid it such as the one reported from As-Saab Ibn Jathamah Al-Laithi which says: "Someone presented meat of a zebra to the Prophet SAW, while he was in the area known as Al-Abwa or Bawaddan. The Prophet SAW, declined it, but when he saw marks of disquiet on the presenter's face, the Prophet SAW 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 Hadith 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 hadith on this subject. When taken in this sense we find no contradiction or disagreement in these Hadith. 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."
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’e also reported from 'Ata that if a Muhrim pulled one hair he must give one Mudd (A dry measure), and for two hairs two Mudd 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’e 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 SAW 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 SAW 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’e - that a man is required to pay the penalty for sexual intercourse on a day in Ramadhan. Such a couple should keep apart (Doing so is mandatory according to Ahmad and Malik, but the Hanafi and Shafi’e 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’e. According to a second opinion of Ash-Shafi’e, 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’e 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.

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, 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 Ka'ab Ibn 'Ujrah that Allah's Messenger SAW, passed by him while in Hudaibiyah and said, "Are the lice in your head bothering you?" He said, "Yes." The Prophet SAW 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." [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 SAW during Hudaibiyah. It got so bad that I was afraid of losing my sight. Then Allah revealed the verse "And if any of you is ill or has an ailment in his scalp (necessitating s.v having) (he should) in compensation either fast or feed the poor or offer sacrifice." [Surah Al-Baqarah, 2:196] Upon this Allah's Messenger SAW 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’e 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.

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