Chapter on what is permissible for one in the state of ihram for Hajj or 'Umrah, what is not permissible, and the explanation of the prohibition of perfume upon him

The reciter: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, Lord of the worlds. And may Allah send prayers and blessings upon His servant and Messenger, our Prophet Muhammad, and upon his family and all his Companions. As for what follows:
Imam Muslim (may Allah have mercy on him) said: .

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author who wrote the chapter headings of Sahih Muslim (may Allah have mercy on him) said:
The Book of Hajj: Hajj is one of the five pillars of Islam, and the last of them to be made obligatory. It was not made obligatory until the ninth or tenth year, because before that, Makkah was under the control of the disbelievers. If the disbelievers prevented the Prophet (peace and blessings be upon him) from performing 'Umrah, how could he perform Hajj when the authority in Makkah was in the hands of the disbelievers? So it was part of the wisdom of Allah (Mighty and Majestic) to delay the obligation of Hajj until the ninth or tenth year.
If we say it was made obligatory in the tenth year, there is no problem. If we say it was made obligatory in the ninth year, there remains a problem regarding the view of those who say that Hajj is an immediate obligation once the conditions are met, because the Prophet (peace and blessings be upon him) did not perform Hajj until the tenth year. The answer to this is easy.
It is said: The Prophet (peace and blessings be upon him) in the ninth year was occupied with receiving the delegations that came to Madinah from various directions. He (peace and blessings be upon him) would receive them and teach them their religion, so his occupation with this was more important than hastening to perform Hajj.
Second: The ninth year was not exclusively for the Muslims, meaning that some of the polytheists who performed Hajj did so in that year. So Allah (Mighty and Majestic) or the Prophet (peace and blessings be upon him) by the will of Allah intended to delay Hajj until the tenth year, when the announcement was made that no polytheist shall perform Hajj after this year, and no one shall circumambulate the House in a state of nudity.
As for the statement of those who say it was made obligatory in the sixth year based on the saying of Allah the Exalted: , this is a weak statement, because this verse contains only the command to complete, not to begin. However, the verse provides evidence that the voluntary Hajj must be completed, unlike other voluntary acts. Because Allah commanded the completion of Hajj and 'Umrah and said: meaning, and you did not complete
So the verse provides evidence that if a person begins Hajj or 'Umrah, he must complete it—only that. As for the obligation to begin it, that is not the case.
Then Hajj—as we all know from what has come before—involves great hardship for the Muslims. They come on mounts, on foot, on mules, and on donkeys, so there is hardship in that. For this reason, Allah the Exalted specified the condition of ability in them, in His saying: This is the verse that contains the obligation of Hajj, even though all obligatory acts require the condition of ability. But it was specified because inability in Hajj and 'Umrah is expected or actual.
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And Hajj has conditions mentioned by the scholars: Islam, maturity, sanity, freedom, and ability.
Five conditions. As for Islam: it is a condition for obligation, validity, and sufficiency. So it is not obligatory upon a disbeliever, and if he performs Hajj, it is not valid from him, nor does it suffice for him.
As for maturity: it is a condition for obligation and sufficiency, but not for validity, based on the saying of the Prophet (peace and blessings be upon him) when a woman was brought to him and asked: "Is Hajj required for this boy?" He said: .
As for sanity: it is a condition for obligation, sufficiency, and validity. So it is not obligatory upon a madman, even if he has much wealth, and if he performs Hajj, it is not valid from him, nor does it suffice for him.
So Islam and sanity are conditions for three things: obligation, validity, and sufficiency.
As for maturity, it is a condition for obligation and sufficiency.
As for freedom: it is a condition for obligation and sufficiency, but not for validity. So Hajj is valid from a slave, but it is not obligatory upon him, nor does it suffice for the Hajj of Islam.
And that is because he is owned and has no wealth, so he is owned and his benefit belongs to his master, and he is not able to act independently with it. He is also not an owner, so he is unable from both aspects.
But if his master permits him to perform Hajj and gives him what enables him to perform Hajj, is Hajj obligatory upon him or not? If we say that slavery is a barrier to obligation, then Hajj is obligatory upon him if the conditions are met, his master permits him, and gives him the money, because slavery is a barrier due to inability, and now that has been removed, so he must perform Hajj.
And if we say that it is a description without which Hajj is not valid, which is freedom, then even if he is given wealth, owns it, and his master permits him, it is not obligatory upon him, but it is valid from him.
And in this there is the hadith of Ibn 'Abbas that whoever performs Hajj while a slave and is then freed, another Hajj is obligatory upon him. But there is weakness in this hadith.
What remains for us is: ability, which is the fifth condition:
Ability is of two types: ability by wealth, and ability by body. As for ability by wealth, it is a condition for obligation whether performing it oneself or appointing a proxy, meaning: that one who does not have wealth is not obligated to perform Hajj, neither by himself nor by a proxy, except if he is near or in Makkah, in which case Hajj is obligatory upon him by his body, due to the bodily ability to perform Hajj.
As for bodily inability, it is divided into two parts: inability that is not expected to end, such as old age, and inability that is expected to end. As for the inability that is not expected to end, it is obligatory upon the one who is unable but has wealth to appoint a proxy to perform Hajj on his behalf, because the Prophet (peace and blessings be upon him) was asked by a woman who said: "O Messenger of Allah, my father has reached the age of the obligation of Allah upon His servants for Hajj, an old man who cannot sit on a mount. Should I perform Hajj on his behalf?" He said: .
So the Prophet (peace and blessings be upon him) approved her statement: "The obligation of Allah."
So it is obligatory upon him to appoint a proxy to perform Hajj on his behalf if his inability is not expected to end. But if it is expected to end, we say to him: wait until the inability ends, then perform Hajj yourself.
If it is said: What do you say if he appointed someone to perform Hajj on his behalf because he did not expect his inability to end, and then Allah granted him the removal of the inability? Is he required to repeat it?
The answer: No, because his liability has been cleared, since he performed the act as prescribed. And whoever performs the act as prescribed is not required to repeat it.
What do you say if a person performed tayammum in the time and prayed, and then after his prayer he found water? Is he required to repeat it?
The answer: He is not required to, because he prayed according to what he was commanded.
And the rule is: that whoever performs the act of worship in the manner commanded is not required to repeat it, because if we required him to repeat it, we would have obligated the act of worship twice upon him.
And this does not exist in the Shari'ah.
The author (may Allah have mercy on him) began first with what is permissible for one in the state of ihram for Hajj or 'Umrah, what is not permissible, and the explanation of the prohibition of perfume upon him. He said: "One in the state of ihram for Hajj or 'Umrah," because the question that came to the Prophet (peace and blessings be upon him): "What does one in the state of ihram wear?" did not say "What does the one performing Hajj wear?" or "What does the one performing 'Umrah wear?"
Then the Prophet (peace and blessings be upon him) named 'Umrah a lesser Hajj, as in the famous hadith of 'Amr ibn Huzaym which the community accepted, in which the Prophet (peace and blessings be upon him) named 'Umrah a lesser Hajj.