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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A Word on the Prohibitions of Ihram.

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The Shaykh : We begin this session by mentioning the prohibitions of ihram, which are the things that are prevented due to ihram. This is because among the wisdom of Allah (Mighty and Majestic) is that He established conditions for acts of worship that are not completed without them, and He established preventers, meaning prohibitions, that sometimes invalidate them. The fundamental principle is that prohibitions invalidate acts of worship, but sometimes they do not invalidate them for a reason. The prohibitions of ihram are the things that are prevented due to what? Ihram. As for general matters, they are not among the prohibitions of ihram. Open sinfulness is something Allah forbade in Hajj, He said:
no sexual relations and no disobedience لا رفث ولا فسوق
[Al-Baqarah 2:197]
But is it among the prohibitions of ihram, or is it prohibited in all circumstances? The answer is that it is prohibited in all circumstances. So it is not among the prohibitions of ihram. Leave the beard, O man. Leave it.
Now, let us begin with the prohibitions of ihram. Among them is shaving the hair of the head. It is not permissible for one in ihram for Hajj or 'Umrah to shave the hair of his head. The evidence is the saying of Allah (Blessed and Exalted is He):
And do not shave your heads until the sacrificial animal has reached its place of slaughter ولا تحلقوا رؤوسكم حتى يبلغ الهدي محله
[Al-Baqarah 2:196]
The reason is that the hair of the head is related to a rite. What is the rite? Shaving or shortening the hair upon completing Hajj or 'Umrah. So if he shaves while in ihram, there remains no place for the rite. Therefore, it is forbidden for one in ihram to shave the hair of his head. As for one, two, or three hairs, it is not called shaving. Therefore, if one, two, three, or four hairs fall from the head of one in ihram, he is not considered to have committed a prohibited act, because this is not called shaving, neither in the Shari'ah nor in custom. This is one. Among the prohibitions is sexual intercourse, due to the saying of Allah the Exalted:
so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj فمن فرض فيهن الحج فلا رفث ولا فسوق ولا جدال في الحج
[Al-Baqarah 2:197]
No lewdness لا رفث
Sexual intercourse, the preliminaries of sexual intercourse, such as direct contact, kissing, embracing, and repeated looking with desire, all of this is forbidden in ihram. Indeed, stronger than this is that contracting a marriage is forbidden. It is forbidden for one in ihram to contract a marriage. If he contracts it, the marriage is invalid, meaning not valid, due to the saying of the Prophet (peace and blessings be upon him):
A pilgrim may not marry and give someone in marriage in the sacred state(while wearing ihram). لا ينكح المحرم ولا ينكح
Sunan Abi Dawud 1841Sahih (Al-Albani)
Indeed, if a person is in ihram and contracts a marriage for his daughter, who is not in ihram, to a man who is not in ihram, and the two spouses are not in ihram, but the guardian is in ihram, the marriage is not valid. So the marriage is not valid. Yes. So it is forbidden for one in ihram to contract a marriage for himself or for another, whether by guardianship or agency.
Now, likewise, proposing marriage by one in ihram is forbidden, due to the saying of the Prophet (peace and blessings be upon him):
Nor does he propose marriage ولا يخطب
Why? Because if he proposes, his heart becomes attached to the woman he proposed to, which distracts him from perfecting Hajj and 'Umrah. And Allah the Exalted said:
So when you have finished [your duties], then stand up [for worship]. فإذا فرغت فانصب
[Ash-Sharh 94:7]
How many are these prohibitions? Shaving the head, sexual intercourse, contracting a marriage, proposing a marriage. Bring up direct contact, kissing, embracing. All of this is forbidden in ihram.
Among the prohibitions of ihram is perfume. It is not permissible for a person to apply perfume after entering the state of ihram. As for what remains of the perfume he applied before entering the state of ihram, it does not harm. The evidence for the prohibition of perfume for one in ihram is the story of the man whose mount fell on him while he was standing at 'Arafah, meaning he was on his camel and fell and died. So they came to seek a ruling from the Prophet (peace and blessings be upon him), and he said to them:
Bathe him with water mixed (with the leaves of) lote tree and shroud him In his two (pieces of) cloth and cover neither his head nor اغسلوه بماء وسدر وكفنوه في ثوبيه ولا تخمروا رأسه ولا تحنطوه
Sahih Muslim 1206f
Four things:
Wash him with water and suds. اغسلوه بماء وسدر
Second:
Shroud him in his two garments كفنوه في ثوبيه
Meaning in his ihram. Do not give him a new shroud. No, he is shrouded in his ihram, just as a martyr is buried in the clothes in which he was martyred. The third:
Do not cover his head لا تخمروا رأسه
And the fourth:
Do not apply perfumed ointment to him لا تحنطوه
The *hanut* is a mixture of perfumes placed on the body of the deceased in known places. Then he said:
for he will be raised on the Day of Resurrection reciting the Talbiyah فإنه يبعث يوم القيامة ملبيا
Sunan an-Nasa'i 2713
He comes out of his grave saying, "Here I am, O Allah, here I am. Here I am, there is no partner for You, here I am." So perfume on one in ihram is completely forbidden if it is after entering the state of ihram. As for if it is from the perfume he applied before entering the state of ihram, there is no harm in it, and he is not required to remove it. The evidence for this is the saying of 'Aishah (may Allah be pleased with her): "I used to see the sheen of musk in the partings of the head of the Messenger of Allah (peace and blessings be upon him and his family) while he was in ihram." Its sheen means its saliva and its shine. This is among the prohibitions of ihram. Among the prohibitions of ihram is killing game. Killing game means lawful wild game. Of course, there are three conditions: that it be wild, that it be lawful, and that it be what? Wild. Of course, meaning it is not one that is domesticated by people, like chickens, for example. This is fine. Now, that it be wild; the opposite of that is marine. So if it were assumed that a group entered ihram in the sea alongside the miqat and went down to catch fish, there is no harm on them, because it is what? Marine. Now, the second is that it be lawful. So if the game is wild and the one in ihram caught it, there is nothing on him. The third is that it be wild. Of course, meaning it is originally wild and does not become domesticated. Its example is pigeons; it meets the conditions. If it becomes wild incidentally, no. Of course, like a sheep that strayed and they were unable to catch it. Its ruling is the ruling of game, but for the one in ihram, it is completely lawful, because its wildness is incidental, not original. Now, three conditions: that it be wild, lawful, and wild. Of course, meaning in its origin. The evidence for that is the saying of Allah (Blessed and Exalted is He):
O you who have believed, do not kill game while you are in the state of ihram. يا أيها الذين آمنوا لا تقتلوا الصيد وأنتم حرم
[Al-Ma'idah 5:95]
Meaning those in ihram. And He said regarding marine game:
Lawful to you is game from the sea and its food as provision for you and the travelers, but forbidden to you is game from the land as long as you are in the state of ihram أحل لكم صيد البحر وطعامه متاعا لكم وللسيارة وحرم عليكم صيد البر ما دمتم حرما
[Al-Ma'idah 5:96]
Now.
If a person not in ihram killed the game, is it permissible for the one in ihram to eat it? The answer is yes, it is permissible, except if he caught it for the sake of the one in ihram, then it is not permissible. This is based on the hadith of Jabir, which is in the Sunan:
The game of the land is lawful for you (when you are wearing ihram) as long as you do not hunt it or have it hunted on your behalf. صيد البر حلال لكم ما لم تصيدوه أو يصد لكم
Sunan Abi Dawud 1851Da'if (Al-Albani)
Among the prohibitions of ihram is what the Prophet (peace and blessings be upon him and his family) specified when he was asked what the one in ihram wears, meaning what are the clothes he wears? He said:
Do not wear shirts or pants, or 'Imamahs, or burnouses, or Khuffs لا يلبس القميص ولا السراويل ولا العمائم ولا البرانس ولا الخفاف
Sunan an-Nasa'i 2673Sahih (Darussalam)
Five things, and the rest he wears.
The *qamis* is the *dir'*, our clothes that have sleeves are called a *qamis* and a *dir'*. The *sarawil* is known. The *buran* is a wide garment with a head covering attached to it, worn by the people of the Maghreb. The *'imamah* is what is folded on the head. The *khuff* is what is worn on the foot. The Prophet (peace and blessings be upon him and his family) said:
Whoever cannot find an Izar (waist wrapper), let him wear trousers, and whoever cannot find sandals, let him wear Khuffs (leather socks). إلا من لم يجد إزارا فليلبس السراويل ومن لم يجد نعلين فليلبس الخفين
Sunan an-Nasa'i 5325Sahih (Darussalam)
So he made an exception for this due to the need for it. Now, is wearing a stitched sandal permissible or not permissible?
The student: Permissible.

The Shaykh : Why...
The student: Permissible.

The Shaykh : It is permissible, because it is not among these four prohibitions: the *qamis*, the *buran*, the *'imamah*, the *khuff*, and the *sarawil*. Five. Now, is wearing a stitched *izar* permissible or not permissible?
The student: Permissible.

The Shaykh : It is permissible, because it is an *izar*, not a *sarawil*. Even if it is stitched and becomes of the type of a skirt, it is permissible, because it is still an *izar*. And the Prophet (peace and blessings be upon him) did not say "nor the stitched *izar*." He said:
Nor trousers ولا السراويل
Now, if he wears a *rida'* with patches, with stitched patches, is it permissible or not permissible?
The student: Permissible.

The Shaykh : It is permissible, because it is not a *qamis* and not among these five. So know what the Prophet (peace and blessings be upon him) specified and limit yourself to that. Now, if he wears a *ghutrah*?
The student: It is not permissible

The Shaykh : It is not permissible, because it is a head covering like the *'imamah*, and because it necessitates covering the head, and covering the head is forbidden, as in the saying of the Prophet (peace and blessings be upon him) to the one in ihram who died:
Do not cover his head لا تخمروا رأسه
Now, if he wears a watch?
The student: Permissible.

The Shaykh : It is permissible. Yes. Wearing eyeglasses?
The student: Permissible.

The Shaykh : An earphone, like a *mir*?
The student: Permissible.

The Shaykh : He ties it around his waist. It is stitched, my brothers.
Stitched.
The student: Permissible.

The Shaykh : Yes, it is permissible, because it is not among the prohibitions. And the Prophet (peace and blessings be upon him) was given the essence of words. These prohibitions do not carry a sin or a fidyah unless he does it knowingly, remembering, and by choice. Three conditions: knowing, remembering, and by choice. Knowing, the opposite of that is ignorant. So if a person left his *sarawil* on, thinking that there is no harm in it, and wore the *izar* over it, there is nothing on him, no sin and no expiation. If he forgot to remove it and it remained on him until the end of the rite, or if he remembered during the rite and removed the *sarawil*, yes, there is nothing on him, because he was forgetful. Now, if he ran over a hare without knowing about it, what is on him? There is nothing on him, because he was ignorant and did not know about it. If a man is in ihram and his wife is in ihram for 'Umrah, and he had intercourse with her against her will, what is on her?
The student: There is nothing on her.

The Shaykh : There is nothing on her. Now, if a man had intercourse with his wife on the night of Muzdalifah, thinking that Hajj was 'Arafah and it had ended, what is on him? There is nothing on him. So if someone says, "Where is the evidence for this?" We say the evidence is the saying of Allah (Blessed and Exalted is He) regarding game:
And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed ومن قتله منكم متعمدا فجزاؤه مثل ما قتل من النعم
[Al-Ma'idah 5:95]
And He said regarding the general prohibitions:
Our Lord, do not impose blame upon us if we have forgotten or erred. ربنا لا تؤاخذنا إن نسينا أو أخطأنا
[Al-Baqarah 2:286]
So Allah said:
He has done so قد فعلت

And he spoke regarding disbelief, which is the greatest of sins:
Whoever disbelieves in Allah after his belief... except for one who is forced [to renounce his religion] while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah, and for them is a great punishment; من كفر بالله من بعد إيمانه إلا من أكره وقلبه مطمئن بالإمان ولكن من شرح بالكفر صدراً فعليهم غضب من الله ولهم عذاب عظيم
[An-Nahl 16:106]
So if a man is coerced into disbelief, which is the greatest of sins, and he owes nothing, then certainly what is less than that is all the more so. This is among the blessings of Allah (Mighty and Majestic) that He made things easy for His servants and did not hold them accountable for what they erred in, but rather for what their hearts intended. The scholars of jurisprudence (may Allah have mercy on them) have details on this matter for which there is no evidence from the Qur'an or the Sunnah; they are merely independent legal reasoning or taking general texts that are restricted by other verses which drop the sin, the expiation, and the punishment from one who was forgetful, ignorant, or coerced. Let us stop at this much so that there is time for questions. We begin with the oath. Each person has a question, and guests are given priority over the locals. Do you have a question?

The questioner : I have a question.

The Shaykh : Go ahead, ask.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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