48. CHAPTER ACTS THAT ARE PROHIBITED WHILST IN IHRAM
There are nine prohibitions: Shaving the hair, clipping the nails. A muhrim who shaves or clips three must pay the dum penalty. A muhrim who covers his head with a thing attached to it must expiate for it. A male muhrim who wears a stitched garment must expiate for it.
“Chapter: Acts that are prohibited while in ihram: Mahzurat while in the state of ihram are acts which are lawful but are forbidden during the state of ihram. There are nine prohibited acts:
First: “Shaving the hair”: It is forbidden for the muhrim to shave his or her hair regardless if it is hair on the scalp or hair on other parts of the body. Allah says: {And do not shave your heads until the sacrificial animal reaches its place of slaughter.} (Al-Baqarah: 196)
This proves that shaving of the hair on the scalp or removing it by other means is forbidden to the muhrim. This prohibition applies to all bodily hairs by way of analogy (qiyas) as long as he is in the state of ihram.
Second: “Clipping the nails”: The muhrim is forbidden to cut his nails as it is similar to removing the hair provided that they were voluntarily detached. However, if it fell off by itself involuntarily or if part of the fingernail or toenail broke by itself, then there is no blame on the muhrim.
“A muhrim who shaves or clips three must pay the dum penalty”: If a muhrim removes three strands of hair or clips three fingernails or toenails on purpose, then he must expiate by either sacrificing a sheep, fasting for three days or feeding six poor people. Sacrifice should take place in the sanctuary of the Haram (around the Holy Masjid) and those fed must be the poor people of the Haram.
As for the fasting, it can be done anywhere as Allah says: {And whoever among you is ill or has an ailment of the head [making shaving necessary must offer.] A ransom of fasting [three days] or charity or sacrifice.} (Al-Baqarah: 196)
The Prophet(pbuh) explained this to K’ab ibn ‘Ujrah when the latter had to shave his hair due to an illness. He(pbuh) said, “Sacrifice a sheep or feed six poor people, giving each half a sa’ or fast three days.” (Reported by al-Bukhari (3/12, 13), (5/164), (6/33) and Muslim (4/20, 21, 22) from the narration of K’ab ibn ‘Ujrah.)
Third: “A muhrim who covers his head with a thing attached to it”: It is forbidden for a male pilgrim to cover his head with a thing attached to it as long as he is in the state of ihram. The Prophet(pbuh) exposed his head while he was a muhrim as did his Companions. The Prophet(pbuh) said regarding the man who fell off his animal and died, “Enshroud him in his two garments…’’I.e., the two garments of ihram “And do not cover his head nor apply perfume on him.” (Reported by al-Bukhari (2/96), (3/21) and Muslim (4/23, 24 and 25) from the narration of Ibn ‘Abbas.) This is evidence to prove that a muhrim is forbidden to cover his head while alive or dead.
Fourth: “A male muhrim who wears a stitched garment must expiate for it”: If a muhrim wears a stitched or tailored garment on his body or a part of it, he must offer an expiation. He may choose one of the following: sacrificing a sheep, feeding six poor people or fasting for three days. The Prophet(pbuh) avoided wearing stitched clothes and only restricted himself to the izar and rida (lower garment and the shawl).
If he applied perfume on his body or garments, smeared himself with a fragrant substance, inhaled it or burnt oud or something similar to it, he must offer an expiation.
Fifth: “If he applied perfume on his body or garments, smeared himself with a fragrant substance, inhaled it or burnt ‘oud or something similar to it, he must offer an expiation”: It is prohibited for a muhrim to apply any kind of perfume, be it in liquid form or in the form of smoke (i.e., bakhur) or powder. All these fragrances are forbidden whilst being a muhrim. The Prophet(pbuh) said about a muhrim, “… And he shall not attire himself in a garment that has been scented with the dye plant or saffron.” (Reported by al-Bukhari (3/20-21), (7/187) and Muslim (4/2) from the narration of Ibn ‘Umar.)
The Prophet(pbuh) said regarding the man who died while in the state of ihram after falling from his riding animal, “… Nor apply perfume on him.” (Reported by al-Bukhari (2/96), (3/21) and Muslim (4/23, 24 and 25) from the narration of Ibn ‘Abbas.) This is evidence that a muhrim should not apply perfume upon himself or his garments after assuming ihram. He should not inhale the perfume as well. If he does any of these things intentionally, then it is wajib upon him to offer one of the three methods of expiation mentioned above.
If he kills an edible prey which is originally a land-dweller or a cross-bred offspring of this type of prey or it perished whilst in his possession, then he must pay a penalty.
Sixth: “If he kills an edible prey which is originally a land-dweller”: Hunting is prohibited for the muhrim within the sanctuary of the Haram or outside of it. Allah says: {O you who have believed, do not kill game while you are in the state of ihram.} (Al-Maidah: 95)
Hunting is forbidden for the muhrim as long as he is in the state of ihram. He may do so after he has made tahalul as Allah says: {But when you come out of ihram, then [you may] hunt.} (Al-Maidah: 2)
The prey that should not be hunted are the land-dwelling animals. Wild animals that originally live on land for example birds, gazelles, rabbits and other similar animals are prohibited for hunting when one is a muhrim. However, domesticated animals like cows, sheep and camels which become feral after escaping captivity are not prohibited from being hunted when one is a muhrim. This is because they are not considered to be game.
“Or a cross-bred offspring of this type of prey”: If a wild land-dwelling animal crossbreeds with a domesticated animal, the resulting off-spring is prohibited for hunting by a muhrim for it is better to err on the side of caution.
Domesticated animals are not prohibited, nor are marine animals, animals forbidden for consumption and pests.
“Domesticated animals are not prohibited”: I.e., to be hunted. Examples would be camels, cows and sheep, chicken and all other animals that live in human surroundings. It is permitted to slaughter and eat their meat. Similarly, animals in the sea can be hunted for food. Allah says: {Lawful to you is game from the sea and its food.} (Al-Maidah: 96)
“Nor are marine animals”: Game from the sea is not forbidden for hunting by the muhrim. It is permissible for him to hunt whales and fish and other marine animals that live only in the water. The muhrim is only prohibited from hunting land-dwelling animals: {But forbidden to you is game from the land as long as you are in the state of ihram.} (Al-Maidah: 96) Hence it can be extrapolated from this that hunting marine animals is not prohibited for the muhrim.
“Animals forbidden for consumption”: Animals and birds whose meat is not halal for consumption can be killed when one is in the state of ihram. Examples are the wolf, lion and other similar animals. The reason it is permitted to kill them, though these animals are land-dwellers, is that they are not considered game. Allah(swt) has only forbidden the hunting of land-dwelling game by the muhrim.
“And pests”: Animals that are pests to humans and that which harm them, attack and eat them or steal their food supply are allowed to be killed in self-defense. There is no penalty incurred in killing these types of animals.
The marriage contract is forbidden and is invalid. No expiation is required. Reunion of divorcees is permissible.
Seventh: “The marriage contract is forbidden and is invalid”: Among the things that must be avoided when one is in the state of ihram is the marriage contract (nikah), i.e., the contract where the bride is officially offered by her guardian and accepted by the groom. A muhrim must not marry nor marry off a woman as a wali (guardian) regardless if the groom is a muhrim or not. The Prophet(pbuh) said, “The muhrim should not marry nor should he give a woman away in marriage.” (Reported by Muslim (4/136) from the narration of ‘Uthman ibn Affan.) That is, he should not marry a woman himself nor should he preside over marrying off a woman to another man. A man should also not act as a proxy in giving a woman away in marriage as long as he is a muhrim.
If he gives a woman away in nikah as a wali or he himself makes nikah whilst he is a muhrim or the woman is in the state ihram when the nikah takes place, then the marriage contract is nullified. This is because the nikah contract contravened the Shariah. However, no expiation is required as Allah has not made it wajib in this situation. However, it is a forbidden act and a sin. The woman is not permissible for him as the nikah is invalid. Hence, they should repeat the contract when they have left the state of ihram.
“Reunion of divorcees is permissible”: The woman who is observing the trial separation may return to her spouse. This is permissible when either one or both of them are in the state of ihram. This is because reunion is unlike nikah.
Trial separation is observed when a man pronounces “talaq” the first or second time. If he wants to reunite with her whilst being a muhrim, then he is permitted to do so as unlike a new nikah contract, reunion is an extension of nikah that was contracted before.
If the muhrim has sexual intercourse before he attains the primary tahalul, the couple’s pilgrimage is nullified. However, they should proceed to complete all of the rites. They must then make up for this pilgrimage the next year.
Eighth: “If the muhrim has sexual intercourse before he attains the primary tahalul, the couple’s pilgrimage is nullified. However, they should proceed to complete all of the rites. They must then make up for this pilgrimage the next year”: Sex is a prohibited act for a muhrim. If he has sex, his pilgrimage is nullified if it took place before the primary tahalul, i.e., before he throws the pebbles at Jamrah al-Aqabah and shaves his head. This is the first tahalul.
The second tahalul includes the throwing of the pebbles at Jamrah al-Aqabah, shaving of the hair, tawaf al-ifadah along with sa’i (for those who are obliged to perform sa’i). If he completes all of these rites, then he has made complete tahalul and so may proceed to make the nikah contract or have sexual intercourse with his wife.
However, if he just performed two of the three rites, for example, he threw the pebbles and shaved or threw the pebbles and performed tawaf then he has just completed the primary tahalul where all hitherto prohibited acts become permissible except sexual intercourse with his spouse. If he has sex after just the primary tahalul and before completing the second tahalul, his Hajj is rendered null and void. He must proceed to complete the remaining rites of Hajj even though it is inconsequential and without merit. He is obliged to offer expiation by sacrificing an animal. A third remedial act is to make up for this Hajj by performing it the next year. He must enter into ihram from the same miqat as that of the previous Hajj and must go on to make up the Hajj rites in its entirety.
Caressing a woman is prohibited. If sperm flows due to this action, his Hajj is still valid. He must sacrifice an animal as expiation. However, he must enter into ihram after tahalul so as to perform tawaf al-fard.
Ninth: “Caressing a woman is prohibited. If sperm flows due to this action, his Hajj is still valid. He must sacrifice an animal as expiation. However, he must enter into ihram after tahalul so as to perform tawaf al-fard”: I.e., to engage in foreplay without penetration. If sperm flows without penetration, then his Hajj is still valid. However, he must offer an expiation similar to that of one who had sexual intercourse. The expiation is to slaughter a sheep. Unlike having sex, caressing a woman does not nullify one’s Hajj. He must slaughter a sheep even if sperm does not flow after heavy caressing or foreplay.
“However, he must enter into ihram after tahalul so as to perform tawaf al-fard”: This refers to performing tawaf al-ifadah as a muhrim. What is being conveyed here is that a man must enter into ihram if he has sexual intercourse before attaining the second tahalul. This is an error and something not legislated in Islam. (See al-Rawd al-Marbi’ by al-Bahuti (p. 196).) This man has already made the primary tahalul. So how can he possibly enter into ihram a second time?
The ihram of a woman is similar to that of a man except for the attire. She must avoid the burqa and gloves. She must not also cover her face but wearing jewelry is permitted.
“The ihram of a woman is similar to that of a man”: After having explained the prohibited acts for a male muhrim, the author tackles the issues pertaining to women saying that all that is prohibited for a man is prohibited for a woman.
“Except for the attire”: She is allowed to wear stitched or tailored clothes. She need not wear special garments to enter into the state of ihram, her ordinary clothing will suffice. However, she must avoid the following:
Firstly: “She must avoid the burqa”: This is something similar to a niqab (face veil). Both are stitched cloth used to cover the face where only the eyes are visible. The Prophet(pbuh), when asked about a woman’s attire, said, “She must not wear a niqab.” (Reported by al-Bukhari (3/19) from the narration of Ibn ‘Umar.) However, she may cover her face using something other than a niqab or burqa’ like a shawl or a scarf that is on her head or attached to her dress. She can draw it over her face if she meets a male who is not her mahram. ‘Aishah said, “We were with the Prophet(pbuh) [during Hajj] when a man went past us. Each of us drew our scarves over our heads and faces, uncovering it only after he had left.” (Reported by Ahmad (6/30), Abu Dawud (1833) and Ibn Majah (2935).)
It is not prohibited for a woman to cover her face whilst she is a muhrim. In fact, it is wajib upon her to cover her face so that men who are non-mahram cannot see it. That which is prohibited is to cover her face with a stitched cloth or attire like the burqa’ or niqab.
Secondly: The wearing of gloves is prohibited for her whilst she is in the state of ihram. She may cover her hands using her robe or her dress so that they are not exposed to men.
“Wearing jewelry is permitted”: Women who are in the state of ihram are allowed to wear jewelry but they should not let it be apparent for men to see. She should conceal her jewelry with her clothes as she is forbidden to show it off to men who are not her mahram. This last statement is true regardless if she is a muhrim or not. She should conceal her adornments as it is a form of fitnah.
By Shaykh Salih ibn Fawzan al-Fawzan
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