The ‘Ihram
Mawaqit al -'Ihram
The ihram is compulsory for all the various kinds of Hajj as well as' `Umrah, and is regarded as their basic element (rukn) by the Imamiyyah, and as obligatory by other schools. All the five schools agree that the miqat of the people of al-Madinah from where they assume ihram is Masjid al-Shajarah, also known as Dhu al-Hulayfah;
for the pilgrims of al-Sham (which includes the Syrians, the Lebanese, the Palestinians and the Jordanians, noting further that the routes have changed from what they used to be in the past), Morocco and Egypt the miqat is al-Juhfah;
for the pilgrims of Iraq, it is al-`Aqiq;
for those from Yemen and others who take the same route, it is Yalamlam.
According to the Imamiyyah, Qarn al-Manazil
is the miqat for the people of al-Ta'if and those who take their route towards Makkah. But according to the four Sunni schools, it is the miqat of the people of Najd. The miqat for those from Najd and Iraq according to the Imamiyyah is al-`Aqiq. All the legal schools agree that these mawaqit also apply to those who in their journey take similar routes, even though they may not be natives of those regions.
For instance, if a Syrian starts on Hajj from al-Madinah, it is permissible for him to assume ihram from Dhu al-Hulayfah; if he starts on Hajj from Yemen, his miqat is Yalamlam; if from Iraq, then al-`Aqiq, and so on. If one does not pass the mentioned mawaqit on his route, the miqat for him is the place parallel to any one of them.
If someone lives at a place nearer to Makkah than any of the prescribed mawaqit, then he assumes ihram from the place of his residence. For, someone who resides in Makkah itself, his miqat is Makkah. For one performing the al-`Umrat al-mufradah, the mawaqit, according to the Imamiyyah, are the same as for the Hajj.
Ihram Before Miqat
The four Sunni legal schools agree on the permissibility of assuming ihram before the point of miqat, but disagree as to which has greater merit. According to Malik and Ibn Hanbal, ihram before miqat is more meritorious (afdal). According to Abu Hanifah, the merit lies in assuming ihram while starting the Hajj journey from one's town: Two opinions are ascribed to al-Shafi'i in this regard.
However, according to the Imamiyyah school, ihram before miqat is not permissible except for one who intends to perform the `Umrah in the month of Rajab and is afraid of missing it if ihram is delayed until miqat is reached, and for one who makes a vow (nadhr) to assume ihram before the miqat. (al-Tadhkirah, Fiqh al-Sunnah)
Ihram after Miqat
There is consensus among all the legal schools that it is not permissible to cross the miqat without ihram, and one who does so must return to the miqat for assuming ihram. If he does not return, according to the four Sunni schools, his Hajj is correct though he should offer a hady in atonement. But
if there be any impediment, such as fear of insecurity on the way or shortage of time, there is no sin. This, regardless of whether there are other mawaqit before him on his path or not.
According to the Imamiyyah, if he has deliberately neglected to assume ihram at the miqat while intending to perform the Hajj or the `Umrah, if he does not turn back to the miqat, there being no other miqat before him from which he can assume ihram, his ihram and Hajj are invalid, whether he had a valid pretext for not returning or not.
But if his failure to assume ihram at miqat was on account of forgetfulness or ignorance, if it is possible to return, he must do so; but if it is not possible, then from the next miqat before him. Otherwise he ought to assume ihram as far as possible outside the haram of Makkah, or within it; though the former is preferable. (al-Tadhkirah, al-Fiqh `ala al-madhahib al-'arba`ah)
Ihram before the Hajj Months
According to the Imamiyyah and Shafi'i schools, the ihram before the months of the Hajj is invalid if assumed with the purpose of Hajj, though it is valid when assumed for the purpose of the `Umrah. They cite in this regard the Qur'anic verse:
الْحَجُّ أَشْهُرٌ مَعْلُومَاتٌ
The pilgrimage is (performed in) the well-known months…(2:197):
But according to the Hanafi, Maliki and Hanbali schools, it is permissible with karahah. (al-Tadhkirah, Fiqh al-Sunnah)
The Mustahabbat of Ihram
There is no disagreement among the legal schools with respect to the ihram being an essential rukn of the `Umrah and all the three forms of the Hajj, namely, tamattu; qiran and ifrad. Also, there is no difference of opinion that ihram is the first act of the pilgrim, irrespective of whether his purpose is `Umrah mufradah, or any of the three forms of Hajj. There are certain wajibat and mustahabbat related to the ihram.
The legal schools agree that it is mustahabb for anyone intending ihram to cleanse his body, clip his fingernails, shorten his moustaches, and to take a bath (even for women undergoing hayd or nifas, for the aim is cleanliness). It is also mustahabb for one intending Hajj to abstain from cutting the hair of his head from the beginning of the month of Dhu al-Qi'dah, to remove the hair from his body and armpits, and to enter ihram after the zuhr (noon) or any other obligatory prayers. It is also mustahabb to pray six, four or at least two raka`at. However, freedom from the state of ritual impurity (hadath) is not a condition for the ihram to be valid.
According to the Hanafi and Maliki schools, if water is not available, one is relieved of the duty to take the bath (ghusl), and tayammum as an alternative is not permissible. According to the Hanbali and Shafi'i schools, tayammum substitutes ghusl. The Imamiyyah jurists differ on this matter, some consider it permissible, others not.
According to the Imamiyyah school, it is mustahabb to leave the hair of the head uncut, but according to the Shafi'i, Hanafi and Hanbali schools, it is mustahabb to shave the head. (al-Fiqh `ala al-madhahib al-'arba`ah)
According to the Hanafi school, it is sunnah for one who wants to assume ihram to scent his body and clothes with a perfume whose trace does not remain after ihram except the smell. According to the Shafi'i school, it is sunnah, except when one is fasting, to apply perfume to the body after the bath. Also, perfuming the clothes does not matter. According to the Hanbali school, one may perfume the body; and the clothes with karahah. (al-Fiqh `ala al-madhahib al-'arba `ah)
According to the Hanafi, Maliki and Shafi'i schools, it is mustahabb for the muhrim to pray two raka'at before assuming ihram after the noon prayer or any other obligatory prayer. If he has no obligatory prayer to make at the time of ihram, he should offer six, or four or at least two raka`at for the ihram. (al-Jawahir)
Al - 'Ishtirat
Al-Muhaqqiq al-Hilli, the Imamiyyah scholar, in his work Tadhkirat al-fuqaha', says that for one intending ihram it is mustahabb to make a condition with God at the time of assuming ihram, by saying:
اللهم اني أريد ماأمرتني به، فإن منعتني مانعٌ عن تمامه وحبسني عنه حابسٌ فجعلني في حل.
O God, indeed I wish to fulfill Thy command, but if any impediment keeps me from completing it or a barrier obstructs me from it, exonerate me.
Abu Hanifah, al-Shafi'i, and Ahmad ibn Hanbal also consider it mustahabb. However, this ishtirat does not help in relieving one of the obligations of the Hajj if he were to encounter an impediment which keeps him from getting through it.
The Wajibat of Ihram
The wajibat of ihram, with some difference between the legal schools on some points, are three: niyyah (intention); talbiyah; and putting on of the clothes of ihram.
Al -Niyyah
Obviously niyyah or intention is essential to every voluntary act; for every such act is motivated by conscious intent. Therefore, some scholars have pointed out that had we been assigned a duty to be performed without intention it would have been impossible to be carried out. However, when the question of intention is raised in relation to the pilgrim (of the Hajj or the `Umrah), what is meant is whether he becomes muhrim solely on account of the niyyah or if something else is required in addition, acknowledging that ihram is void if assumed frivolously or absent-mindedly.
According to the Hanafi school, ihram is not considered to commence solely with intention unless it is accompanied by the utterance of the talbiyah (Fath al-qadir). According to the Shafi'i, Imamiyyah and Hanbali schools, the ihram is assumed merely by niyyah (al-Jawahir, Fiqh al
Sunnah). The Imamiyyah add that it is obligatory for the niyyah to coincide with the commencement of ihram, and it is not sufficient for the act of niyyah to occur in the course of assuming ihram.
Also while making the niyyah it is essential to specify the purpose of ihram, whether it is Hajj or `Umrah, whether it is Hajj al-tamattu; Hajj al-qiran or Hajj al-'ifrad, whether he is performing the Hajj for himself or as a na'ib of someone else, whether for the obligatory Hajj (Hijjat al-'Islam) or for something else. If one assumes ihram without specifying these particulars, postponing their determination to future, the ihram is invalid. (al-`Urwat al-wuthqa).
According to the Hanafi text al-Mughni, “It is mustahabb to specify the purpose of ihram. Malik is of the same opinion. Two opinions are ascribed to al-Shafi'i. According to one of them, it is adequate if one assumes ihram with a general, non-specific purpose of pilgrimage... without determining the exact purpose, whether Hajj or `Umrah. The ihram thus assumed is valid and makes one a muhrim Afterwards, he may select any of the kinds of pilgrimage." All the five schools agree that if one assumes ihram with the intention to follow another person's intention, his ihram is valid if the other person's purpose is specific. (al-Jawahir; al-Mughni)
The Talbiyah
That the talbiyah is legitimate in ihram is acknowledged by all the five schools, but they disagree as to its being wajib or mustahabb, and also about its timing. According to the Shafi`i and Hanbali schools, it is sunnah, preferably performed concurrently with ihram. However, if the intention to assume ihram is not accompanied by talbiyah, the ihram is correct.
According to the Imamiyyah, Hanafi,
and Maliki schools, the talbiyah is obligatory, though they differ about its details. According to the Hanafi school, pronouncement of talbiyah or its substitute--such as tasbih, or bringing along of the sacrificial animal (al-hady)--is a provision for ihram to be valid. According to the Maliki school, the ihram neither becomes invalid if talbiyah is recited after a long gap of time, nor if it is not pronounced altogether. However, one who fails to pronounce it must offer a blood sacrifice.
According to the Imamiyyah, neither the ihram for Hajj al-tamattu; nor Hajj al-'ifrad, nor their conjugate `umrahs, nor for al-`Umrat al-mufradah, is valid without talbiyah. However, one who intends to perform Hajj al-qiran may choose between. talbiyah, ish'ar
or taqlid; ish'ar for this school being exclusively restricted to a camel, though taqlid may apply to a camel or the other forms of hady.
The Formula of Talbiyah
لبيك اللهم لبيك، لا شريك لك لبيك، إن الحمد والنعمة لك والملك لا شريك لك
All the legal schools agree that taharah is not a proviso for pronouncing talbiyah. (al-Tadhkirah).
As to its occasion, the muhrim starts reciting it from the moment of ihram, being mustahabb for him to continue it--all the five schools agree--until the ramy of Jamarat al-`aqabah. To utter it loudly is mustahabb for men (not for women), except in mosques where prayers are offered in
congregation, particularly in the Mosque of `Arafat. According to the Imamiyyah school, it is mustahabb to discontinue reciting the talbiyah on sighting the houses of Makkah. A woman may recite the talbiyah just aloud enough to be heard by herself or someone near her. It is also mustahabb to proclaim blessings on the Prophet and his Family (s). (al-Tadhkirah; Fiqh al-Sunnah).
The Muhrim's Dress
All the five schools agree that it is not permissible for a muhrim man to wear stitched clothing, shirts or trousers, nor may he cover his face. Also, it is not permissible for him to wear shoes (khuffan) except when he cannot find a pair of sandals (na`lan),
and that after removing the covering on the back of the heels from the base. A woman, however, should cover her head, keep her face exposed, except when she fears that men may ogle at her.
It is not permissible for her to wear gloves, but she may put on silk and wear shoes (khuffan). According to Abu Hanifah, it is permissible for a woman to wear gloves. (al-Tadhkirah; Ibn Rushd's al-Bidayah wa al-nihayah).
The book al-Fiqh `ala al-madhahib al-'arba`ah, under the heading `That which is required of one intending ihram before he starts to assume it', states, "According to the Hanafi school, among other things he wears izar (loin-cloth) and rida' (cloak). The izar covers the lower part of the body from the navel to the knees. The rida' covers the back, the chest and the shoulders, and its wearing is mustahabb.
According to the Maliki school, it is mustahabb to wear izar, rida and na`lan; but there is no restriction on wearing something else that is not stitched and does not encircle any of the parts of the body.
According to the Hanbali school, it is sunnah to put on a new, white and clean rida' and izar together with a pair of na`lan before assuming ihram. According to the Shafi`i school, the rida' and izar should be white, new or washed ones.
According to the Imamiyyah school, the rida' and the izar are obligatory, preferably (istihbaban) of white cotton. The muhrim may put on more than these two pieces of clothing on condition that they are not stitched. Also it is permissible to change the clothes in which one commenced ihram, though it is better to perform the tawaf in the same rida' and izar as worn at the beginning.
All the requirements of the dress for salat apply to the dress of ihram, such as taharah, its being non-silken for men, not made of the skin of an animal eating whose flesh is not permissible. According to some Imamiyyah legists, clothing made of skin is not permissible (in salat and ihram).
In any case, the disagreement between the legal schools about the muhrim's dress is very limited. This is well indicated by the fact that whatever is regarded as permissible by the Imamiyyah is also considered permissible by the remaining schools.
Restrictions of Ihram
There are certain restrictions for the muhrim, most of which are discussed below.
Marriage
According to the Imamiyyah, Shafi'i, Maliki and Hanbali schools, it is not permissible for the muhrim to contract marriage for himself or on behalf of another. Also he may not act as another's agent for concluding a marriage contract, and if he does, the contract is invalid.
Furthermore, according to the Imamiyyah school, he may not act as a witness to such a contract.
According to Abu Hanifah, marriage contract is permissible and the contract concluded is valid.
According to the Hanafi, Maliki, Shafi`i and Imamiyyah schools, it is permissible for the muhrim to revoke divorce of his former wife during the period of her `iddah. According to the Hanbali school, it is not permissible. From the viewpoint of the Imamiyyah, if one enters a marriage contract with the knowledge of its prohibition, the woman becomes haram for him for life merely by the act of concluding the contract, even if the marriage is not consummated. But if done in ignorance of the interdiction, she is not prohibited to him, even if consummation has been affected. (al-Jawahir Fiqh al-Sunnah; al-Fiqh `ala al-madhahib al-'arba`ah).
Intercourse
All the five legal schools agree that it is not permissible for the muhrim to have sexual intercourse with his wife, or to derive any kind of sexual pleasure from her. If he performs intercourse before tahlil
(i.e. relief from the state of ihram) his Hajj becomes void, although he must perform all its acts to the conclusion. Thereafter, he must repeat the Hajj the next year, performing it `separately' from his spouse.
The seclusion is obligatory according to the Imamiyyah, Maliki and Hanbali schools, and voluntary from the viewpoint of the Shafi'i and Hanafi schools. (al-Hada'iq; Fiqh al-Sunnah).
Moreover, according to the Imamiyyah, Shafi'i, and Maliki schools, besides the fact that his Hajj becomes invalid, he must sacrifice a camel in atonement, and according to the Hanafi school, a sheep.
All the five legal schools agree that if he commits intercourse after the first tahlil (i.e. after the halq or taqsir in Mina, after which everything except intercourse--and also perfume according to the Imamiyyah school--become permissible for the pilgrim), his Hajj is not void, nor is he called upon to repeat it. Nevertheless, he must offer a camel, according to the Imamiyyah and Hanafi schools and according to one of the two opinions ascribed to al-Shafi'i. But according to the Maliki school, he is obliged to offer a sheep only. (al-Hada'iq; Fiqh al-Sunnah).
If the wife yields willingly to intercourse, her Hajj is also void, and she must sacrifice a camel in expiation and repeat the Hajj the year after. But if she was forced, then nothing is required of her, but the husband is obliged to offer two camels: one on his own behalf, and the second on hers. If the wife was not in the state of ihram, but the husband was, nothing is required of her, nor is she did not oblige to offer anything in atonement, nor is anything required of the husband on her account. (al-Tadhkirah).
If the husband kisses his wife, his Hajj is not void if it does not result in ejaculation. On this all schools are in agreement. But according to the four
Sunni schools, he is obliged to make a sacrificial offering in atonement even if it be a sheep. The Imamiyyah author of al-Tadhkirah says, the sacrifice of a camel is obligatory only if the kiss is taken with sexual desire, otherwise he should sacrifice only a sheep. If he ejaculates, the Hajj is void according to the Maliki school, but remains valid according to the other schools, although he should make an offering in atonement, which is a camel according to the Hanbali school and a group of Imamiyyah legists, and a sheep according to the Shafi'i' and Hanafi schools. (al-Hada'iq; al-Mughni).
Use of Perfume
All the legal schools agree that the muhrim, man or woman, may not make use of any perfume, either for smelling, or for applying on himself, or for scenting edibles. Indeed it is not permissible to wash the dead body of a muhrim, or to perform hunut upon it by applying camphor or any other kind of perfumery. If the muhrim uses perfume forgetfully or on account of ignorance, he needs not make any offering in atonement according to the Imamiyyah and Shafi'i schools. But according to the Hanafi and Maliki schools, he must make a sacrificial offering (fidyah). In this relation two different opinions are ascribed to Ahmad ibn Hanbal.
However, when one is forced to use perfume on account of disease, it is permissible and no fidyah is required. According to the Imamiyyah school, if one uses perfume intentionally, he must offer a sheep, irrespective of the use, whether applied to the body or eaten. However, there is nothing wrong in the Khaluq of Ka'bah even if it contains saffron, and the same applies to fruits and aromatic plants. (al-Jawahir).
Use of Kohl
Al-Tadhkirah states: "There is consensus among the Imamiyyah legists on the point that darkening the eyelids with kohl or applying a kohl containing perfume is not permissible for the muhrim, man or woman. Apart from that (i.e. ihram) it is permissible." According to the author of al-Mughni, "Kohl containing antimony is makruh, and does not require any fidyah. I haven't come across any different opinion on this topic. However, there is no karahah in use of kohl without antimony, as long as it does not contain any perfume."
Shortening of Nails and Hair; Cutting of Trees
All the five legal schools agree about impermissibility of shortening the nails and shaving or shortening of the hair of the head or the body in the state of ihram, fidyah being required of the offender.
As to cutting of trees and plants within the haram, all the legal schools agree that it is impermissible to cut or uproot anything grown naturally without human mediation.
Al-Shafi'i' states that there is no difference between the two with regard to the prohibition, and fidyah is required for both: cutting of a big tree requires fidyah of a cow, and of other plants of a sheep. According to Malik, cutting of a tree is a sin, though nothing is required of the offender, regardless of whether it has grown with or without human mediation.
According to the Imamiyyah, Hanafi, and Hanbali schools, cutting of something planted by human hands is permissible and does not require a
fidyah; but anything grown by nature requires fidyah, which is a cow according to the Imamiyyah for cutting a big tree and a sheep for cutting smaller plants. According to the Hanafi school, the owner of the tree is entitled to a payment equivalent to the cost of the hady. (Fiqh al-Sunnah, al-Lum`ah)
All the five schools agree that there is no restriction for cutting a dry tree or for pulling out withered grass.
Looking into a Mirror
It is not permissible for a muhrim to look into a mirror, and all the five schools agree that there is no fidyah for doing so. However, there is no restriction on looking into water.
Use of Henna
According to the Hanafi school, it is permissible for the muhrim, man or woman, to dye with henna any part of his body, except the head. According to the Shafi`i school, it is permissible, with. the exception of hands and feet. According to the Hanafi school, dyeing is not permissible for the muhrim, man or woman. (Fiqh al-Sunnah)The predominant view among the Imamiyyah legists is that dyeing is makruh not haram. (al-Lum`ah)
Use of Shade; Covering the Head
All the five schools agree that it is not permissible for the muhrim man to cover his head voluntarily. According to the Maliki and Imamiyyah schools, it is not permissible for him to immerse himself under water until the head is completely submerged, although it is permissible for him, all the five schools except the Shafi'i agree, to wash his head or pour water over it. The Malikis say that with the exception of the hands it is not permissible to remove dirt by washing. If he covers the head forgetfully, nothing is required of him according to the Imamiyyah and Shafi'i schools, but a fidyah is required according to the Hanaf i school.
All the schools, with the exception of the Shafi'i, agree that it is impermissible for the muhrim to shade himself while moving. Neither it is permissible for him to ride an automobile, an aeroplane or the like, which are covered by a roof. But it is permissible while walking to pass under a shadow.
Stitched Clothing and Ring
All the five schools agree that it is forbidden for the muhrim man to wear stitched clothes and clothes which encircle body members, e.g. turban, hat and the like. These are permissible for women, with the exception of gloves and clothes which have come into contact with perfume. According to the Imamiyyah school, if the muhrim wears stitched clothes forgetfully, or in ignorance of the restriction, nothing is required of him. But if one wears them intentionally to protect himself from heat or cold, he should offer a sheep. Also according to them it is not permissible to wear a ring for adornment, but it is permissible for other purposes. Also, it is not permissible for woman to wear jewellery for the sake of adornment.
`Fusuq' and Jidal'
God, the most Exalted, says in the Quran:
…فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ …
....There should be no obscenity, neither impiety, nor disputing in Hajj ....' (2:197).
In the above verse, the meaning of `rafath' is taken to be sexual intercourse, to which reference has been made earlier. `Fusuq' is taken to mean lying, cursing, or commission of sins. In any case, all of them are forbidden for the pilgrims of Hajj and the non-pilgrims as well. The stress here is meant to emphasize abstention from them in the state of ihram. The meaning of jidal' is quarrelling. According to an Imamiyyah tradition from al-'Imam al-Sadiq (`a), he is reported to have said, "It (i.e. jidal' in the above-mentioned verse) means using such expressions as `Yes, by God!' or `No, by God!' in conversation. This is the lowest degree of jidal"
According to the Imamiyyah school, if the muhrim tells a lie for once, he must offer a sheep; if twice, a cow; if thrice, a camel. And if he swears once taking a veritable oath, there is nothing upon him; but if he repeats it three times, he is obliged to sacrifice a sheep.
Cupping (Hijamah)
All the five schools agree on permissibility of cupping in case of necessity, and the four Sunni schools permit it even when not necessary as long as it does not require removal of hair. The Imamiyyah legists disagree on this issue; some of them permit it and others not. (al-Tadhkirah; al-Fiqh `ala al-madhahib al-'arba`ah)
Hunting (al -Sayd)
All the five schools are in agreement about the prohibition on hunting of land animals, either through killing or through dhabh, and also on guiding the hunter or pointing opt the game to him in the state of ihram. Also prohibited is meddling with their eggs and their young ones. However, hunting of the animals of water is permitted and requires no fidyah. This, in accordance with the Qur'anic verse:
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَكُمْ وَلِلسَّيَّارَةِ وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَاتَّقُوا اللَّهَ الَّذِي إِلَيْهِ تُحْشَرُونَ
Permitted to you is the game of the sea and the food of it, as a provision for you and for the journeyers; but forbidden to you is the game of the land, so long as you remain in the state of ihram: and fear God, unto whom you shall be mustered. (5:96)
The prohibition on hunting within the precincts of the haram apply to the muhrim and the non-muhrim (muhill) equally. However, outside the haram, the prohibition applies only to the muhrim. If the muhrim slaughters a game, it is considered maytah (a dead animal not slaughtered in accordance with ritual requirements), and its flesh is unlawful for all human beings. The five legal schools agree that the muhrim may kill a predatory bird called hada'ah, crows, mice and scorpions. Others include wild dogs and anything harmful.
According to the Imamiyyah and Shafi'i schools, if the game hunted on land resembles some domestic beast in shape and form (like the Oryx, which resembles the cow), he has the choice between:
(1) giving the meat of one of similar beasts of his livestock in charity after slaughtering it;
(2) estimating its price and buying food of the amount to be given in expiation and charity to the needy, distributing it by giving two mudds (the muddis a dry measure equal to 800 grams) to every individual;
(3) fasting, a day for every two mudds.
The Malikis hold the same viewpoint, except that, they add, the price of the hunted animal itself should be estimated, not that of its domestic equivalent. The Hanafis say that one who hunts in the state of ihram should arrange for the estimated price of the hunted animal, whether there is a domestic animal similar to it or not. When the price has been estimated, he is free to choose between:
(1) purchasing livestock of the money and giving its meat away in charity;
(2) giving it from his own livestock;
(3) purchasing food of the amount to be given away in charity;
(4) fasting, a day for every mudd of food to be given away. (al-Tadhkirah; Fiqh al-Sunnah)In this connection all the legal schools base their position on this Qur'anic verse:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنْتُمْ حُرُمٌ وَمَنْ قَتَلَهُ مِنْكُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًا لِيَذُوقَ وَبَالَ أَمْرِهِ عَفَا اللَّهُ عَمَّا سَلَفَ وَمَنْ عَادَ فَيَنْتَقِمُ اللَّهُ مِنْهُ وَاللَّهُ عَزِيزٌ ذُو انْتِقَامٍ
O believers, slay not the game while you are in the state of ihram. Whosoever of you slays it wilfully, there shall be reparation--the like of what he has slain, in livestock, as shall be judged by two men of equity among you, as offering on reaching the Ka`bah; or expiation--food for poor persons or the equivalent of that in fasting, so that he may taste the mischief of his action. God has pardoned what is past; but whoever offends again, God will take vengeance on him; God is All-mighty, Vengeful. (5:95)
The meaning of the phrase: يَحْكُمُ بِهِ ذَوَا عَدْلٍ in the above verse is that two equitable (`adil) witnesses should judge whether a certain domestic animal is similar to the hunted wild beast. The meaning of the phrase: هدياً بالغ الكعبة is that he should slaughter the equivalent livestock and give its meat in charity on arrival in Makkah.
According to the Imamiyyah work al-Shara'i`, "Every muhrim who wears or eats anything forbidden for him should slaughter a sheep, regardless of whether his action was intentional, forgetful, or on account of ignorance."
The Imamiyyah and Shafi'i schools agree that no expiation (kafarah) is required of someone who commits a haram act forgetfully or in ignorance, except in the case of hunting, in which case even killing by mistake requires kaffarah.
The Limits of the Harams of Makkah and of Al -Madinah
The prohibition of hunting and cutting of trees applies both to the haram of Makkah and that of al-Madinah. According to Fiqh al-Sunnah, the limits of the haram of Makkah are indicated by signs in five directions, which are one-meter-high stones fixed on both sides of the roads. The limits of the haram of Makkah are as follows: (1) the northern limit is marked by al-Tan'im, which is a place at a distance of 6 kms. from Makkah; (2) the southern limit is marked by Idah,
kms. from Makkah; (3) the eastern limit is al-Ja'ranah, 16 kms. from Makkah; (4) the western limit is al-Shumaysi, 15 kms. from Makkah.
The limits of the haram of the Prophet's shrine extend from `Ir to Thawr, a distance of 12 kms. `Ir is a hill near the miqat, and Thawr is a hill at Uhud.
Al-`Allamah al-Hilli, an Imamiyyah legist, states in his work al-Tadhkirah that "the haram of Makkah extends over an area of one band by one band (1 band =12miles), and the haram of al-Madinah extends from `Ayir to `Ir.
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Author: Muhammad Jawad Mughniyyah
