| 2 feqhia


Section I: Restrictions of Ihram that Require the Expiation for Suffering (Restrictions Related to Personal Comfort)

Firstly: Types of Restrictions Related to Personal Comfort
There are five restrictions related to personal comfort:
1. Cutting the hair.
2. Clipping the nails.
3. Perfume.
4. Covering the head.
5. Wearing sewn garments.
Secondly: What is Required of One who Engages in Restrictions Related to Personal Comfort
Whoever cuts his hair, clips his nails, covers his head, or wears sewn garments is obliged to offer the expiation for suffering. He is free to choose whether to fast three days, feed six needy people – each one due half of a sa` of the land’s staple food, or slaughtering a sheep or goat. This is by agreement of the four schools of jurisprudence. It is the position of the majority of jurists.
Thirdly: Distributing what is due for the Expiation for Suffering to the Needy Residents of the Sacred Precinct
It is wajib to distribute what is due for the expiation for suffering to the needy residents of the Sacred Precinct. This is the position of the Shafi`i and Hanbali schools. It is the position of choice of al-Shinqiti, Ibn Baz, and Ibn `Uthaymin.
Fourthly: Where and how to Fast for the Expiation for Suffering
It is permissible to fast for the expiation for suffering anywhere, continuously or separately. Al-Nawawi related consensus on the permissibility of fasting the days separately. Consensus on that they may be fasted anywhere was related by al-Tabari, al-`Ayni, and al-Shinqiti.
Fifthly: Purposefully Engaging in Restrictions that Require the Expiation for Suffering
One may select any of the ways of offering the expiation for suffering whether they engaged in a restriction for a valid reason or purposefully. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.
Sixthly: Engaging in Restrictions Forgetfully, Out of Ignorance, or Under Duress
Whoever engages in a restriction forgetfully, out of ignorance, or under duress is not required to do anything, whether they engaged in hunting, sexual intercourse, or anything else. This also holds whether or not something was used up (itlaf). This is the position of the Zahiri school and a group of the Salaf. It is the position of choice of Ibn al-Mundhir and Ibn `Uthaymin.
Seventhly: Repeated Engagement in Restrictions
1. Engaging in the same type of restriction repeatedly
If one engages repeatedly in the same type of restriction, such as wearing a shirt and then trousers – and has not yet offered expiation – then expiation is due once. However, if they had offered expiation for the first occurrence, then expiation is also due for the second. This is the position of the Hanbali school, Muhammad ibn al-Hasan al-Shaybani of the Hanafi school, and it is al-Shafi`i’s old position. It is the position of choice of Ibn Baz and Ibn `Uthaymin.
2. Engaging in different types of restrictions
If one engages in restrictions of different types, such as using perfume and wearing sewn garments, then expiation is due for every restricted act. This is by agreement of the four schools of jurisprudence. [990] There is only one exception according to Shafi`is, and that is if a man wears a perfumed garment. There are two positions according to them: the correct, explicitly mentioned one being that one expiation is due.
3. If the restriction violated is hunting
If the restriction violated is hunting, then a separate expiation is due for each act. This is by agreement of the four schools of jurisprudence.
Eighthly: Cutting the Hair
1. Cutting head hair
The ruling of cutting head hair while in ihram
Cutting head hair is one of the restrictions of ihram. Consensus on this was related by Ibn al-Mundhir and al-Nawawi.
Removing hair from the head
It is haram to remove hair from the head because one in ihram is prohibited from cutting their hair, which includes small and large amounts. The maxim holds that obeying a commandment is not fulfilled except by executing all of it, and obeying a prohibition is not fulfilled except by abandoning all of it. However, expiation is only due when the amount cut is for self-care or removing discomfort.


2. Removing hair from other than the head
Scholars are of two positions regarding whether removing hair from other than the head is a restriction of ihram: [991] If hair grows out of one’s eyes, or if one’s eyebrows grow so long that they cover one’s eyes, one may remove the hair. Similarly, if one removes skin that has hair on it, no expiation is due because its removal was a side-effect of removing something else, and there is no liability with respect to side-effects.
The first position: It is restricted. This is by agreement of the four schools of jurisprudence.
The second position: It is not haram to remove anything other than head hair. This is the position of the Zahiri school, and Ibn `Uthaymin considers it strong.


3. What expiation is due for cutting head hair
It is wajib to offer the expiation for suffering – slaughtering a sheep or goat, fasting three days, or feeding six needy people – when head hair is cut. Consensus on this was related by Ibn al-Mundhir and Ibn `Abd al-Barr.
4. When is it wajib to offer expiation for cutting hair?
It is wajib to offer the expiation for cutting hair whenever the amount cut would result in removing discomfort. [992] The important point here being that cutting the hair amounts to self-care and removing discomfort, such as when cutting most of it or shortening it. What is not included is cutting a small number of hairs that would not be considered cutting or shortening. What is important according to Ibn Hazm is that one cut one’s hair such that they would be considered to have had a haircut. This is the position of the Maliki school. It is the position of choice Ibn Hazm, Ibn `Abd al-Barr, and Ibn `Uthaymin.
5. Washing the hair and running the fingers through it while in ihram
There is no harm in washing the hair while in ihram, running one’s fingers through it, and rubbing it gently. This is the position of the majority: the Hanafis, Shafi`is, and Hanbalis. It is the position of the Zahiri school, one position amongst Malikis, and the position of a group of the Salaf.
Ninthly: Clipping the Nails
1. The ruling of removing the nails i.e., any portion of them during ihram
It is impermissible to remove the nails during ihram. [993] Removing the nails is the same as removing hair: whether one clips them, breaks them, or cuts them. All of this is haram and necessitates expiation. This is by agreement of the four schools of jurisprudence.


2. What expiation is due for removing nails
Removing nails necessitates the expiation for suffering. This is by agreement of the four schools of jurisprudence. This is the position of the majority of scholars.
3. Cutting broken nails
If a nail breaks, one is permitted to cut the broken portion. Consensus on this was related by Ibn al-Mundhir and Ibn Qudamah.
Tenthly: Perfume
1. The ruling of perfume during ihram
Applying perfume to the body or garments is restricted during ihram. Consensus on this was related by Ibn al-Mundhir, Ibn Hazm, Ibn `Abd al-Barr, Ibn Qudamah, and al-Nawawi.
2. The wisdom of prohibiting perfume during ihram
Amongst the wisdoms of prohibiting perfume during ihram are:
· It distances one in ihram from comfort, the embellishment of this world, and its pleasures. One’s purpose is focused on the goals of the Hereafter.
· Perfume is one of the factors that encourage sexual intercourse and one of the ways to increase libido. Thus, its prohibition shuts the door of unwanted consequences. Allah the Exalted says: “…there is (to be) no lewdness nor abuse nor angry conversation in Hajj…” (Al-Baqarah: 197)
3. Expiation for using perfume
If one applies perfume while in ihram, expiation is due. This is by agreement of the four schools of jurisprudence.
4. Is expiation conditional upon applying perfume to an entire limb?
Applying perfume to an entire limb is not a condition for expiation being due. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.
5. The ruling of using incense
The ruling of using incense is the same as using perfume. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.
Eleventhly: Covering the Head for Males
1. The ruling of covering the head for males
Covering the head for males is restricted during ihram, whether he covers it with a kufi, kefiyyeh, turban, or the like. Consensus on this was related by Ibn al-Mundhir, Ibn `Abd al-Barr, Ibn Rushd, and Ibn al-Qayyim.
2. Covering the head due to carrying something on it
If one covers his head by carrying something on his head during ihram, nothing is due from him as long as he does not intend covering it. This is by agreement of the four schools of jurisprudence. [994] Malikis hold that an exception is if he carries something for someone else, in which case expiation is due. This is true whether or not he receives payment for doing so.
3. Taking shade in something not connected to, or carried by, oneself
It is permissible to take shade in a stationary object not connected to oneself, like seeking shade in a tent or tree. Consensus on this was related by Ibn `Abd al-Barr, Ibn Qudamah, and al-Nawawi.
4. Taking shade in something that one is carrying but disconnected from oneself
It is permissible to take shade in something that one is carrying but is disconnected from oneself, like an umbrella, car, camel gear, and the like. This is the position of the Hanafi and Shafi`i schools, one narration from Ahmad, and the position of a group of the Salaf. It is the position of choice of Ibn al-Mundhir, Ibn al-Qayyim, and al-Shawkani.
5. Expiation for covering the head
Expiation is wajib for covering the head: slaughtering a sheep or goat, fasting three days, or feeding six needy people. This is by agreement of the four schools of jurisprudence.
6. What portion of the head must be covered for expiation to be due
For expiation to be due, it is not necessary that one cover the entire head. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.
7. The ruling of covering the face during ihram
Covering the face is permissible for a man in ihram. This is the position of the Shafi`i and Hanbali schools, a group of the Salaf, and Ibn Hazm. It is the position of choice of Ibn `Uthaymin.
Twelfthly: Wearing Sewn Garments
1. What is meant by sewn garments
Sewn garments are those that are fitted to the body or limbs such that they envelope them and hold to them on their own, whether through sewing or other means. They include: shirts, trousers, etc.
2. The ruling of males wearing sewn garments
Males are restricted from wearing sewn garments while in ihram. [995] If one enters into ihram while wearing sewn garments or wears them after having entered ihram in order to enter Mecca because he does not have a Hajj visa, his Hajj is valid. However, he is sinful for wearing sewn garments, and expiation is due from him. Al-Nawawi says regarding one who intentionally partakes in the restrictions of ihram: “Perhaps a layman might partake in some of these restrictions and say: ‘I will expiate’, mistakenly believing that expiation frees him of the stain of sin. This is a clear error and ugly ignorance, for this is haram for him to do. His contravention entails sin and the obligation of expiation, but expiation does not make a haram act permissible. The ignorance of one who does this is like the ignorance of one who says: ‘I will drink wine and fornicate, and the prescribed punishment (hadd) will purify me.’ Whoever does something that is ruled as haram eliminates the possibility of their Hajj being blessed (mabroor).” (Al-Idah fi Manasik al-Hajj, p. 211) Consensus on this was related by Ibn al-Mundhir, Ibn Hazm, Ibn `Abd al-Barr, and Ibn Rushd.
3. A woman wearing sewn garments on other than her face and hands
It is permissible for a woman in ihram to wear sewn garments anywhere other than her face and hands. Consensus on this was related by Ibn al-Mundhir, Ibn `Abd al-Barr, and Ibn Rushd.
4. Males wearing socks during ihram
Wearing socks [996] Socks (khuff) are what are worn on the feet, whether leather or otherwise. is haram for males in ihram, whether the socks are in good shape or have holes in them. This is true except for those who cannot find sandals to wear. Consensus on this was related by Ibn al-Mundhir and al-Nawawi.
5. The ruling of cutting one’s socks in the absence of sandals
Whoever cannot find sandals to wear and wears socks is not required to cut them. This is the position of the Hanbalis and a group of the Salaf. This is the chosen position of Ibn Taymiyyah, Ibn al-Qayyim, Ibn Baz, and Ibn `Uthaymin.
6. Wearing a ring in ihram
It is permissible to wear a ring in ihram. [997] It is permissible for one in ihram to wear a watch, glasses, earphones, and dental implants, for none of these enter into what the Prophet ﷺ prohibited to wear in terms of garments. This is the position of the majority: the Hanafis, Shafi`is, Hanbalis, and one position amongst Malikis.
7. Wearing a money belt
It is permissible to wear a money belt [998] Ibn Hajar says: “i.e. A waistband. It is used to mean the middle part where money is placed.” (Fath al-Bari, 1/202) while in ihram. This is by agreement of the four schools of jurisprudence. This is the position of the Zahiri school, the majority of scholars, and a group of the Salaf.
8. Tying the cloak
It is permissible to tie the cloak when a need arises. This is the position of of some Shafi`is. This is the chosen position of al-Juwayni and al-Ghazali. This is the position of Ibn Hazm, Ibn Taymiyyah, and Ibn `Uthaymin.
9. Tying the sarong during ihram
It is permissible to tie the sarong during ihram if it does not otherwise remain in place or hold up. This is the position of Shafi`i and Hanbali schools. This is the chosen position of Ibn Hazm, Ibn Taymiyyah, and Ibn Baz.
10. Women covering their faces with a face veil during ihram
The definition of a face veil
A face veil (niqab) is that which covers the face. It is that the woman cover her face, opening up enough of it for her to see through.
The ruling of a face veil for a woman in ihram
Wearing a face veil is restricted for women in ihram. This is by agreement of the four schools of jurisprudence. This is the position of a group of the Salaf.
11. A woman covering her face with something other than a face veil
Scholars have differed regarding a woman covering her face with something other than a face veil during ihram. They are of two positions:
The first position: It is not permissible for a woman in ihram to cover her face unless a need arises, such as the passing of non-mahram men. This is by agreement of the four schools of jurisprudence. This is the position of a group of the Salaf.
The second position: It is unconditionally permissible for a woman to cover her face with something other than a face veil. This is the position of some Hanbalis. This is the chosen position of Ibn Hazm, Ibn Taymiyyah, Ibn al-Qayyim, al-San`ani, al-Shawkani, Ibn Baz, and Ibn `Uthaymin.


12. The ruling of a woman in ihram covering her face with something that touches it
A woman is not required to keep what covers her face away from it whether by a stick, her hand, or anything else. It is permissible for her to cover her face if a need arises, such as hiding it from people’s eyes. She may use a piece of fabric which she drops from above her head. This is the position of the Maliki and Hanbali schools. This is the chosen position of Ibn Qudamah and Ibn Taymiyyah.


13. Women in ihram wearing gloves
The definition of gloves
Gloves are something made for hands that cover the fingers and palms.
The ruling of women in ihram wearing gloves
It is haram for a woman to wear gloves. This is the position of the majority: the Malikis, Shafi`is, Hanbalis, and a group of the Salaf.
The ruling of a man wearing gloves
It is haram for a man to wear gloves. This is the chosen position of al-Nawawi, Ibn Qudamah, and al-Shinqiti.


14. Expiation for wearing sewn garments
Wearing sewn garments entails an expiation for suffering: slaughtering a sheep or goat, fasting three days, or feeding six needy people.


15. When is it wajib to offer expiation for wearing sewn garments?
It is wajib to offer expiation for merely wearing such a garment even if it does not continue for a period of time. This is the position of the Shafi`i and Hanbali schools.
16. Acts for which the expiation is similar recompense: hunting
This will be covered in the section on hunting.


22 22