Actions Permitted for an Individual in Ihram for Hajj
Actions Permitted for an Individual in Ihram for Hajj and Umrah, for which No Fidyah (Expiation) is Required
All praise is due to Allah, who said in His clear Book {what means}: "{And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way.}" (Al 'Imran/97). Complete and perfect prayers and blessings be upon our master Muhammad (peace be upon him) who addressed the people saying: "O people, Allah has prescribed Hajj for you, so perform Hajj." A man asked: "Every year, O Messenger of Allah?" He remained silent until the man repeated it three times. Then the Messenger of Allah (peace be upon him) said: "If I had said yes, it would have become obligatory, and you would not have been able to do it." Then he said: "Leave me as long as I leave you, for indeed, those who came before you were destroyed by their excessive questioning and their differing with their prophets. So, when I command you with something, do of it what you are able, and when I forbid you from something, then abandon it." {Narrated by Muslim}.
Hajj is a pillar of Islam, a comprehensive act of worship combining verbal acts of devotion like Talbiyah (chanting the pilgrim's prayer), Dhikr (remembrance of Allah), and Du'a (supplication); physical acts of devotion like Tawaf (circumambulation around Kabah), Sa'i (walking between Safa and Marwah), and Rami (stoning); and financial acts like Hajj travel expenses and the Hadi (sacrificial animal). How magnificent is Hajj, a field Allah the Almighty made an opportunity for His servants to repent, have their burdens erased, and attain His pleasure.
It is from Allah's mercy that He prescribed acts of worship for His servants according to their capacity, with no hardship or contradiction to human needs. Since the Hajj journey involves separation from one's homeland and traversing travel routes, and it is demanded of a created being who experiences varying states of health and illness, wealth and poverty, strength and weakness, the religious obligations in Hajj were congruent with all of that. The divine forgiveness for what the soul cannot bear patiently, and what the soul cannot dispense with, is evident therein. In this article, I cannot explore every aspect of this topic, for the manifestations of ease – a characteristic of Islamic legislation – are understood by anyone who reads and reflects upon the particulars of the Sharia and its obligations. Hence, I will focus only on the topic of Ihram in Hajj and its manifestation of detachment from accustomed things. This is a state in which one who dies attains honor from Allah and is raised to positions of glory and pride. Ibn Abbas (may Allah be pleased with them both) narrated: "While a man was standing at Arafat, he fell from his mount and it crushed him – or he said: it struck him. The Prophet (peace be upon him) said: 'Wash him with water and sidr, shroud him in two garments, do not embalm him, and do not cover his head, for he will be resurrected on the Day of Resurrection reciting the Talbiyah.'" {Narrated by Al-Bukhari}.
The meaning of the Hadith is that whoever dies in a state of Ihram will be resurrected in the state in which he died, bearing a sign of his Hajj, which is an indication of virtue, just as a martyr will come on the Day of Resurrection. [Al-Minhaj Sharh Sahih Muslim].
It is well-known that ten things are forbidden for a person in the state of Ihram: wearing sewn clothes, covering the head for a man and the face for a woman, combing hair, shaving hair, clipping nails, using perfume, hunting, contracting marriage, intercourse, and intimate touching with desire. [Matn Al-Ghayah wa Al-Taqreeb].
The explanation of these prohibitions is found in books of Fiqh, but the discussion here is about what the Noble Sharia has overlooked and did not consider as harming the state of Ihram, including:
Firstly: Wearing a Belt Containing a Pouch to Keep the Pilgrim's Money:
Among the prohibitions for a man in Ihram is wearing sewn clothes. What is meant by this is clothing that surrounds the body or one of its limbs, such as shirts, robes, and trousers. This includes all clothing into which the bodily limbs are inserted. One wears an Izar (lower garment) for the lower part of the body and a Rida' (upper garment) for the upper part. In this state, it is difficult for him to carry his money, expenses, some of his papers, and medicines he needs. Hence, it is permissible for him to tie a pouch or something around his waist to keep his money. This is what is mentioned in Fiqh books as the Himyan and Mintaqah. The Himyan is a bag in which expenses are placed and tied around the waist; its plural is Hamayeen. The Mintiq is, with a kasrah, what you tie around your waist; accordingly, Nitaq and Mintiq are the same. It was said that Asma bint Abi Bakr was called "Dhat al-Nitaqayn" (the possessor of the two belts). [See Al-Misbah al-Munir].
Imam An-Nawawi said in [Al-Majmoo']: "Our fellow scholars said: He is allowed to wear a Quran around his neck, and sword belts, and to tie a Himyan and Mintiq around his waist, and to wear a ring. There is no disagreement on the permissibility of all this."
Secondly: A Male in Ihram Seeking Shade from Something Elevated Above His Head:
Among the prohibitions for men in Ihram is covering the head. Whoever does so deliberately incurs a Fidyah (expiation) along with sin, but incurs no sin if unintentional. The Fidyah is by choice: a sheep, or fasting for three days, or giving three sa's of food to six needy people. However, it is difficult for a person in Ihram to be exposed to sunlight, which compels him to seek shade with a hand-held umbrella, or a building, or a tent. Imam An-Nawawi said: "It is permissible to seek shade whether walking or stationary." [Al-Majmoo'].
The majority of scholars used as evidence the Hadith of Yahya ibn al-Husain from his grandmother Umm al-Husain, who said: "I performed Hajj with the Messenger of Allah (peace be upon him) during the Farewell Hajj, and I saw Usamah and Bilal, one of them holding the halter of the Prophet's camel and the other raising his garment to shade him from the heat, until he pelted the Jamrat al-Aqabah." {Narrated by Muslim}.
Imam An-Nawawi said: "This indicates the permissibility for a person in Ihram to shade his head with a garment or anything else, and this is our madhhab and the madhhab of the majority of scholars, whether he is riding or stationary." [Sharh An-Nawawi 'ala Muslim].
Thirdly: The Issue of Covering the Face:
The Sharia obligated a male in Ihram to uncover his head, and permitted him to cover his face. This is contrary to the woman, who covers her head but among the prohibitions of her Ihram is covering her face. Imam An-Nawawi said: "In our madhhab, it is permissible for a male in Ihram to cover his face, and no Fidyah is upon him. This is also the view of the majority of scholars." [Al-Majmoo']. However, if a woman has a wound on her face and applies a cloth to it, she must offer Fidyah. But if it is on her head and she applies a cloth to it, there is nothing upon her. [See Al-Ruwayani, Bahr al-Madhhab fi Furu' al-Madhhab al-Shafi'i].
The face, for a woman, is like a man's head. She covers her entire head and the rest of her body with sewn clothes, like a shirt, trousers, and socks. She may cover a small portion of her face that is close to the head, as it is impossible to fully cover the head without it. Maintaining the complete covering of the head, being 'awrah, takes precedence over maintaining the uncovering of that part of the face. She is also allowed to drop a cloth over her face that is kept away from it with a piece of wood or similar. [Bada'i' al-Sana'i'].
Fourthly: No Fidyah is Required for Actions Done by a Person in Ihram Due to Forgetfulness if They are for Comfort:
The prohibitions of Ihram can be divided into two types: one type are prohibitions that prevent comfort based on covering and acquired adornment, like clothing and perfume. The other type involves comfort but is based on causing damage, like shaving hair and clipping nails. Actions related to causing damage incur Fidyah, whether done intentionally or forgetfully, with sin if intentional. However, for prohibitions that prevent comfort based on covering and acquired adornment, there is detail: if one does them forgetfully, there is no Fidyah. So, if one uses perfume forgetfully while in Ihram, or is ignorant of its prohibition, there is no Fidyah. [Rawdat al-Talibin wa Umdat al-Muftin].
If one carries musk or perfume in a tightly sealed bag or cloth, or a closed bottle, or carries roses in a container, there is no Fidyah. This was explicitly stated in Al-Umm and definitively affirmed by the majority of scholars. [See Al-Majmoo' by An-Nawawi].
Fifthly: It is Permissible for a Person in Ihram to Clip His Nail if It Breaks:
Among the prohibitions of Ihram is clipping nails. As mentioned, if one clips his nails, he owes Fidyah, whether done intentionally or forgetfully. However, if there is a break in part of his nail and he cuts it off, there is nothing upon him. [Al-Majmoo'].
Sixthly: Permissibility for a Person in Ihram to Eat from Game Hunted by Another Who Did Not Hunt it for Him:
Among the prohibitions of Ihram is hunting land game. Allah the Almighty says {what means}: "{And forbidden to you is game of the land as long as you are in the state of ihram.}" (Al-Ma'idah/96). However, if a non-Muhrim (one not in state of Ihram) hunts something and did not intend to hunt it for the Muhrim (one in state of Ihram), and the Muhrim did not assist or guide in the hunt, then it is permissible for the Muhrim to eat from it, without disagreement, among scholars, and there is no expiation for him in that, without disagreement, among scholars. [Al-Majmoo'].
With the following note: If a person in Ihram eats from game hunted specifically for him, he has committed a violation, but if he eats, there is no Fidyah upon him. [Hashiyat Qalyubi wa Umayrah].
It is permissible for a person in Ihram to slaughter domesticated animals like livestock and birds that do not fly freely, such as chickens, and to kill harmful animals like lions, wolves, snakes, mice, and scorpions. [Ibn Juzayy al-Kalbi / Al-Qawanin al-Fiqhiyyah].
Seventhly: Permissibility of a Husband Returning to His Wife During Ihram:
Among the prohibitions of Ihram is contracting marriage. The Messenger of Allah (peace be upon him) said: "A person in Ihram shall not marry, nor be married, nor propose." {Narrated by Muslim}.
However, if he divorced his wife with a revocable divorce (talaq raj'i) and she was in her waiting period (iddah) and he traveled, he is, in any case, allowed to return his wife by verbal declaration. It is possible for him to contact her through modern communication means and say to her, "I have taken you back into my wedlock." Imam Ash-Shafi'i said: "A male in Ihram may take back his wife, and a female in Ihram may be taken back by her husband, because reversion (raj'ah) is not the initiation of a marriage, but rather the rectification of something that corrupted a previously valid marriage, and its rectification is up to the husband, not the woman or guardians. There is no dowry or compensation involved, and the one who takes back is not called a 'marrier'." [Al-Umm].
Eighthly: Permissibility of Witnessing a Marriage Contract:
Similarly, it is permissible for a person in Ihram to witness a marriage contract, because what is forbidden for him is only to get married himself or directly perform the marriage contract. As for witnessing it, there is no harm in it. [Al-Majmoo'].
Thus, it is clearly observed that the prohibitions of Ihram are compatible with human capacity and ability. Even though the Sharia has ordained various expiations for the one compelled to violate the requirements of Ihram, the examples we have presented reinforce and confirm the removal of hardship in performing certain actions during Ihram, so they do not affect the Ihram and do not necessitate a Fidyah for performing them.
In conclusion, I praise Allah for making us Muslims and granting us a magnificent religion which He described: "{...and has not placed upon you in the religion any difficulty}" (Al-Hajj/78). And it is from the eloquence of the Quran that this verse came at the end of Surah Al-Hajj, emphasizing the ease of the religion of Islam.
