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.
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.
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
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.
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."
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.
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)
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."
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.
'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.
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.
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.
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.
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