And whoever covers his head with something adhering to it must pay a fidyah
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The Shaykh : The author said "And whoever covers his head with something that touches it, he must pay an expiation". The reality is that the author (may Allah have mercy on him) did not present this in the first, second, or third category, but it is understood from his words "whoever covers his head" that "whoever" is a conditional noun, "covers" is the verb of the condition, and "pays an expiation" is the response to the condition. The intended meaning of "whoever" here, although it is a general conditional, is specific, referring to the one in the state of ihram. Now, "whoever covers his head with something that touches it, he must pay an expiation", such as a cap, a headband, a turban, or the like. The evidence for this is that the Prophet (peace and blessings be upon him) said regarding the man whose mount fell on him at 'Arafah: This is a general prohibition for any covering. As for the turban, a specific text came regarding it when he was asked what the one in ihram wears? He said: Jami` at-Tirmidhi 833Sahih (Darussalam) He specifically mentioned the turban. This is not the evidence, because this is merely mentioning some instances of the general rule. His statement: This is a general evidence. And his statement: "with something that touches it" excludes what does not touch it. This is because what does not touch it is not considered covering, such as an umbrella that a person in ihram holds to shade himself from the sun or to protect himself from rain; there is no harm in this. Why? Because it does not touch the head. And this is the position the author adopted, which is the correct one: that what does not touch is permissible and does not require an expiation. As for the school of the Hanbalis, they say: "If he covers his head with something that touches it, or shades himself with an umbrella, or shades himself with a carriage, it is forbidden for him and he must pay an expiation". They obligate two things: the prohibition and the expiation. According to this view, it is not permissible for the one in ihram to shade himself with an umbrella except out of dire necessity, and if he does, he pays an expiation. It is also not permissible for the one in ihram to ride in a covered car because he is shading himself with it; if he is compelled to do so, he pays an expiation. Accordingly, if our car is covered, like a jeep, we do not ride in the lower part; we ride on top and the luggage is underneath. Why? Because it is forbidden for us to shade ourselves with something belonging to us. However, this view has been abandoned for a long time. Today, only the Rafidah follow it; they are the ones who adhere to it, and I think they only started following it recently, otherwise we did not know this from them before. In any case, this is the school's position. So the author (may Allah have mercy on him) followed the correct view in this issue, which is contrary to the school's position. Know that covering the head has categories: what is permissible by explicit text and scholarly consensus, what is prohibited by explicit text and I think by scholarly consensus, and what is disputed. The first, what is permissible by explicit text and scholarly consensus, is like when a person applies something to his head, meaning he packs it with something like henna. If the one in ihram applies something to his head like henna, honey, or gum to make the hair lie flat, this is permissible. It is established in the authentic collections from Ibn 'Umar (may Allah be pleased with him) that he said: "I saw the Prophet (peace and blessings be upon him) with his head packed". What does "packed" mean? It means his head was packed, meaning he had placed something on it to pack it. There is no harm in this by explicit text, and I think it is a matter of scholarly consensus. Second, covering it with something not intended for covering or concealment, like carrying luggage or the like; there is no harm in this. It is permissible for a person to carry his luggage on his head while in ihram, and there is no blame on him for that, because this is not usually intended for concealment, and one does not usually conceal with it. Third, covering it with what is usually worn on the head, like a cap, a shemagh, or a turban; this is also forbidden by explicit text, and I think by scholarly consensus. Fourth, covering it with something that is not considered clothing but touches the head and is intended for covering; this is also forbidden. And what is its evidence? What is its evidence, O brothers?
The attendees:
The Shaykh : The hadith of the man whose mount fell on him. It is strange that Ibn Hazm (may Allah have mercy on him) differed on this regarding the issue of covering the face. We will come to the covering of the face. Is it forbidden or not?
The fifth category is shading one's head with something attached to oneself, like an umbrella, a car, a camel's load, or the like. This is a matter of disagreement among scholars. Some permitted it, which is the correct view, and some prohibited it. The sixth category is shading oneself with something separate from oneself and not attached to it, like shading in a tent, or a cloth placed on a tree, or the branches of a tree, or the like. This is permissible. There is no harm in it. It is established that a tent was set up for the Prophet (peace and blessings be upon him) at Namirah, and he (peace and blessings be upon him) remained in it until the sun passed its zenith at 'Arafah. Now, if someone says, "Is shading with an umbrella or the like not covering?" The answer is no, it is not covering, because the person walking next to you sees your entire head; the head is not covered. And the Prophet (peace and blessings be upon him) used to lead Usamah, and al-Fadl was his companion, the companion of the Prophet (peace and blessings be upon him), on his way from Muzdalifah to Mina. Bilal and Usamah, one of them would lead the camel and the other would place his cloth on his head until he stoned the Jamarat al-Aqabah.
Do not cover his head
لا تخمروا رأسهDo not wear shirts, nor pants, nor burnooses, nor turbans, nor Khuff
لا يلبس القميص، ولا السراويلات، ولا البرانس، ولا العمائم، ولا الخفافDo not cover his head
لا تخمرو رأسهThe attendees:
Do not cover his head
لا تخمروا رأسهThe Shaykh :
Do not cover his head
لا تخمروا رأسهThe fifth category is shading one's head with something attached to oneself, like an umbrella, a car, a camel's load, or the like. This is a matter of disagreement among scholars. Some permitted it, which is the correct view, and some prohibited it. The sixth category is shading oneself with something separate from oneself and not attached to it, like shading in a tent, or a cloth placed on a tree, or the branches of a tree, or the like. This is permissible. There is no harm in it. It is established that a tent was set up for the Prophet (peace and blessings be upon him) at Namirah, and he (peace and blessings be upon him) remained in it until the sun passed its zenith at 'Arafah. Now, if someone says, "Is shading with an umbrella or the like not covering?" The answer is no, it is not covering, because the person walking next to you sees your entire head; the head is not covered. And the Prophet (peace and blessings be upon him) used to lead Usamah, and al-Fadl was his companion, the companion of the Prophet (peace and blessings be upon him), on his way from Muzdalifah to Mina. Bilal and Usamah, one of them would lead the camel and the other would place his cloth on his head until he stoned the Jamarat al-Aqabah.
