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October 11, 2020

Akhsar al-Mukhtasarat | Book of Hajj | Impermissible Actions

مَحْظُورَاتُ اَلْإِحْرَامِ تِسْعَةٌ

إِزَالَةُ شَعْرٍ, وَتَقْلِيمُ أَظْفَارٍ, وَتَغْطِيَةُ رَأْسِ ذَكَرٍ, وَلَبْسُهُ اَلْمَخِيطِ إِلا سَرَاوِيلَ لِعَدَم إِزَارٍ, وَخُفَّيْنِ لِعَدَم نَعْلَيْنِ, وَالطِّيبُ, وَقَتْلُ صَيْدِ اَلْبَرّ ِ وَعَقْدُ نِكَاحٍ, وَجِمَاعٌ, وَمُبَاشَرَةٌ فِيمَا دُونَ فَرْجٍ

The things that are not permissible in the state of Ihram are 9:

  1. Removing Hair
  2. Clipping the Nails
  3. Covering of the head for the man
  4. Wearing clothing that is considered as “اَلْمَخِيطِ” (something that is designed to fit in along the limbs/sewn garments). It is not necessarily that which is made by threads. Izar and riza’ cover the body but don’t fit along the limbs.
    This is with the exception of a person who cannot find the izar, such a person is allowed pants.
    It is not permissible to wear khuffain (leather socks) with the exception of a person who cannot find shoes or sandals. As per the madhab, he doesn’t have to cut them such that they come below the ankles. This is what Imam Ahmad held to be the final ruling of the Prophet.
  5.  Using Perfume
  6. Killing or hunting land based game animals. Sea animals are allowed to be hunted.
  7. Contracting Marriage
  8. Intercourse
  9. Foreplay and Sexual Contact

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فَفِي أَقَلَّ مِنْ ثَلَاثِ شَعرَاتٍ وَثَلَاثَةَ أَظْفَارٍ فِي كُلِّ وَاحِدٍ فَأَقَلَّ طَعَامُ مِسْكِينٍ
وَفِي اَلثَّلَاثِ فَأَكْثَرَ دَمٌ, وَفِي تَغْطِيَةِ اَلرَّأْسِ بِلَاصِق وَلُبْسَ مَخِيطٍ وَتَطَيُّبٍ فِي بَدَنٍ, أَوْ ثَوْبٍ, أَوْ شَمٍّ, أَوْ دَهْن ٍ اَلْفِدْيَةُ
وَإِنْ قَتَلَ صَيْدًا مَأْكُولاً بَرِّيًّا أَصْلاً فَعَلَيْهِ جَزَاؤُهُ

Except covering the head and the clothing, all the above points apply to both men and women.

If a person removes less than 3 hairs or less than 3 nails, one must feed someone who is poor for each complete or part of the hair or nail that is cut from the body. If more than 3 hairs or nails are removed, then the person must give a blood sacrifice.

If a person covers the head with something that touches it like a scarf or a turban; wearing sewn garments or clothes that fit the limbs; or applying perfume to the clothes, body, or even smelling perfume, then the person has to give a blood sacrifice as an expiation for such actions.

The expiation is to either:

  1. Fast 3 Days
  2. Feed 6 Poor People
  3. Slaughter A Sheep

The official position of the madhab is that even something that doesn’t touch the head directly, it requires an expiation. Even an umbrella could fall under this condition as it is covering the head even if it is not directly on the head. This would cause issues of sitting in cars and buses etc as well as they can fall under indulgence of luxury. The position of Imam Balban here is more practical based on the Hajj experienced today. Alhamdulilah for the flexibility of the scholars and the different madhaib in trying to reach the truth.

If a person was to kill or hunt a land based game animal, then the person is to give a similar compensation for it. It doesn’t have to be the exact same animal, but something which is similar to it. This is irrespective of if the animal was hunted by the person or on the person’s commands, both take the same ruling.

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وَالْجِمَاعُ قَبْلَ اَلتَّحَلُّلِ اَلْأَوَّلِ فِي حَجٍّ وَقَبْلَ فَرَاغِ سَعْيٍ فِي عُمْرَةٍ مُفْسِدٌ لِنُسُكِهِمَا مُطْلَقًا, وَفِيهِ لِحَجٍّ بَدَنَةٌ, وَلِعُمْرَةٍ شَاةٌ, وَيَمْضِيَانِ فِي فَاسِدِهِ, وَيَقْضِيَانِهِ مُطْلَقًا إِنْ كَانَا مُكَلَّفَيْنِ فَوْرًا, وَإِلَّا بَعْدَ اَلتَّكْلِيفِ, وَحَجَّةِ الإسْلامِ فَوْرًا

Sexual intercourse before the first tahallul (the first release: to do that which is permissible) is prohibited. It can be done only after the second tahallul. Doing so prior to this invalidates the Hajj mutlaqan; meaning irrespective if this action was done intentionally, ignorance, out of forgetfulness, compulsion, or sleep.

Tahallul is derived from an Arabic root suggesting opening or untying (a knot). Tahallul in Hajj refers to dissolution or ending the state of Ihram by virtue of which all prohibitions of Hajj become lawful. A pilgrim who makes Tahallul is not in the state of Ihraam and is no longer performing Hajj.

  • First Tahallul: After the person offers the sacrifice and shaves the hair on Eid but before the final tawaf ziyarah
  • Second Tahallul: After the final tawaf and sa’ee

If a person does such a deed then the person needs to sacrifice a camel for Hajj, and a sheep for Umrah. The individuals will still have to continue the rites of Hajj even though it is invalid and has to be repeated again. Both individuals have to make up this pilgrimage. This is just like a fast that is intentionally broken. The person continues to fast even after the intercourse or whatever led to the fast being broken.

The individuals need to make up this pilgrimage immediately in the following year if they are legally responsible. Otherwise they make it up as soon as they meet the required conditions. The obligation of Hajj has to be completed immediately.

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وَلَا يَفْسُدُ اَلنّسكُ بِمُبَاشَرَةٍ, وَيَجِبُ بِهَا بَدَنَةٌ إِنْ أَنْزَلَ وَإِلَّا شَاةٌ, وَلَا بِوَطْءٍ فِي حَجٍّ بَعْدَ اَلتَّحَلُّلِ اَلْأَوَّلِ وَقَبْلَ اَلثَّانِي, لَكِنْ يَفْسُدُ اَلْإِحْرَامُ فَيُحْرِمُ مِنْ اَلْحِلِّ لِيَطُوفَ للزِّيَارَةِ فِي إِحْرَامٍ صَحِيحٍ, وَيَسْعَى إِنْ لَمْ يَكُنْ سَعَى, وَعَلَيْهِ شَاةٌ

Foreplay does not invalidate the pilgrimage. It is not permissible but it does not invalidate it. If a person takes part in sexual contact and that leads them to ejaculation, then they have to sacrifice the camel. This is similar to the one who has had intercourse, but the key difference is that the one who committed the intercourse has had his Hajj invalidated and is to be repeated; this is not the case with ejaculation from touching or foreplay.

If a person indulges in foreplay but it does not lead to ejaculation, then a sheep is to be slaughtered.

Similarly, if someone has intercourse after the first tahallul, but before the second tahallul, then it carries a penalty but does not invalidate the Hajj. Here the Ihram becomes invalid, but not the hajj. The person now has to re-initiate the Ihram again from outside the Haram boundary and return to make tawaf ziyarah and then does sa’ee (if hasn’t already done so). Such a person has to offer a sheep as a sacrifice.

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وَإِحْرَامُ امْرَأَةٍ كَرَجُلٍ إِلَّا فِي لُبْسِ مَخِيطٍ, وَتَجْتَنِبُ اَلْبُرْقُعَ وَالْقُفَّازَيْن ِ وَتَغْطِيَةَ اَلْوَجْهِ, فَإِنْ غَطَّتْهُ بِلَا عُذْرٍ فَدَتْ

A woman’s entry into the state of Ihram is like a man’s with the same prohibitions except concerning wearing clothing that fits the limbs, avoiding wearing a face-covering (burqu’) or gloves, and covering her face. If she covers her face without an excuse to do so, she must give an expiation. The expiation is highlighted previously.

If a man was to pass by, the woman can put something on top of her heard to cover herself and remove it once the non-mahram man has passed.

 

Based on the Hanbali primer, Akhsar Al-Mukhtasarat authored by Ibn Balban al-Hanbali as taught by Sheikh Zahed Fettah حفظه الله

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