Benefits of the Hadith: (The one in the state of ihram does not contract marriage, nor is marriage contracted for him).

The Shaykh : In this hadith: the prohibition of marriage for the one in the state of ihram, which is derived from his saying?
The student: .

The Shaykh : And if it is in the indicative mood, it is an explicit prohibition, and if it is in the nominative case, it is a negation meaning prohibition. The apparent meaning of the hadith is that as long as he is in the state of ihram, the marriage is not valid, even if he still has the second release remaining. For example: a man who was a pilgrim stoned the Jamarat al-Aqabah on the day of Eid and shaved his head, thus performing the first release. Is it permissible for him to get married? The apparent meaning of the hadith is that it is not permissible, but the second opinion in the school of thought, which is the choice of the Shaykh al-Islam, is that it is permissible. He said: The word "al-muhrim" (the one in ihram) here with the article "al" indicates completeness, meaning one who is in a complete state of ihram. As for after the first release, the one in ihram is [permitted] women, as came in the hadith: except women. And this is a contract, not women. Therefore, the Shaykh al-Islam (may Allah have mercy on him) and a group of scholars, and I think it is a narration from Ahmad, held that it is permissible to contract marriage after the first release, but the well-known opinion in the school of thought is that it is like a contract before the first release.
And what is befitting for the mufti in this issue is that if it is the beginning of the contract, it should not be contracted. But if it is assumed that someone has already contracted, then this is what should be said according to the second opinion, due to the difficulty of renewing the contract, and because there may be offspring who came after. An example of this: if a person performed Hajj, stoned, circumambulated, and walked between Safa and Marwah, but did not shave, then contracted marriage before shaving and before paying the expiation for the shaving, what do we say? We say: This is valid. But if he said: I want to contract marriage, we would say to him: Wait until you perform the second release, out of caution and to clear your conscience.
Now, among the benefits of the hadith: it is not befitting for a person to do what occupies him from worship or what is a means to corrupting it. From where is this derived?
The student: ...

The Shaykh : From the prohibition of the one in ihram from marriage, because either he will be occupied, or he will enter [into the prohibited act] and corrupt his ritual.
And among the benefits of the hadith: the prohibition of proposing to the one in ihram, whether he is the proposer or the one being proposed to, due to his saying: .
And among the benefits of the hadith: the indication of blocking the means to harm. From where is it derived?
The student: .

The Shaykh : Now, the apparent meaning of the hadith is that proposing is not permissible, neither explicitly nor implicitly. And someone might say: The complete proposal is the explicit one, and there is no harm in the implicit one, such as if a man encounters another man who is in ihram and says, for example, "Do not let my daughter be missed," or "I desire a daughter like yours," or something similar. This is called implicit proposal by the scholars. But there is no doubt that the most cautious course is not to propose, neither implicitly nor explicitly.