Is it said that whoever intends to offer the sacrifice should refrain from cutting hair and nails, and therefore, a fortiori, the one in the state of ihram?
Machine translationRead the Arabic original
The questioner : If someone were to say that in the chapter of the sacrifice, the Prophet (peace and blessings be upon him) forbade the one offering the sacrifice from taking anything from his hair or... in the chapter of ihram, we hold fast only to what has come in the explicit text... even though in the issue of the sacrificial animals, we established conditions for the sacrifice regarding its age and so on, is this not more deserving, O Shaykh, especially since the days of... the sacrifice are more than ten days... less, meaning, the conditions of ihram forbid what is forbidden for the one intending the sacrifice, is that not more deserving?
The Shaykh : No, this is an analogy with a difference, because the one who intends to offer the sacrifice is forbidden from cutting hair, cutting nails, and removing skin, whereas the one in ihram is not forbidden from removing skin by consensus, so the analogy is not valid. Then, I came across a statement by al-Shanqiti (may Allah have mercy on him) in his book *A'du al-Bayan*, in which he said that there is no text, neither from the Book nor from the Sunnah, regarding the prohibition of cutting nails, and likewise regarding the prohibition of hair on the body. He expressed surprise at the report by Ibn al-Mundhir, which the author of *al-Mughni* quoted from him, that the scholars agreed that it is not permissible for the one in ihram to trim his nails. He said, "This is based on the fact that Dawud al-Zahiri's dissent is not considered". It is known among the jurists of usul al-fiqh that his dissent is considered. In any case, we have mentioned that, without a doubt, the precaution is to avoid this matter, as long as the majority of scholars hold that it is not permissible, then you are in no need of this.
The Shaykh : No, this is an analogy with a difference, because the one who intends to offer the sacrifice is forbidden from cutting hair, cutting nails, and removing skin, whereas the one in ihram is not forbidden from removing skin by consensus, so the analogy is not valid. Then, I came across a statement by al-Shanqiti (may Allah have mercy on him) in his book *A'du al-Bayan*, in which he said that there is no text, neither from the Book nor from the Sunnah, regarding the prohibition of cutting nails, and likewise regarding the prohibition of hair on the body. He expressed surprise at the report by Ibn al-Mundhir, which the author of *al-Mughni* quoted from him, that the scholars agreed that it is not permissible for the one in ihram to trim his nails. He said, "This is based on the fact that Dawud al-Zahiri's dissent is not considered". It is known among the jurists of usul al-fiqh that his dissent is considered. In any case, we have mentioned that, without a doubt, the precaution is to avoid this matter, as long as the majority of scholars hold that it is not permissible, then you are in no need of this.