Hajj Rituals (Manasek Hajj)

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Publisher: www.sistani.org
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Hajj Rituals (Manasek Hajj)

Author: Ayatullah Seyyed Ali Sistani
Publisher: www.sistani.org
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Hajj Rituals (Manasek Hajj)

Hajj Rituals (Manasek Hajj)

Author:
Publisher: www.sistani.org
English

Prohibitions during Ihram

As has already been discussed, ihram is established by talbiyah or what is considered of its kind, [see Rule 182] despite the niyyah to wear ihram. Once ihram is worn twenty five things become forbidden:

1. Hunting.

2. Sexual union.

3. Kissing a woman.

4. Touching a woman.

5. Looking at a woman and flirting with her.

6. Masturbating.

7. Reciting nikah.

8. Wearing perfume.

9. Wearing sewn clothes by men.

10. Wearing antimony (surma).

11. Looking in the mirror.

12. Wearing shoes, slippers or socks.

13. Outrage (Fusouq).

14. Quarrelling.

15. Killing insects found on humans, [such as lice].

16. Beautifying oneself.

17. Applying oil.

18. Removing hair from the body.

19. Covering the head, for males, or dipping one's body in water, even for females.

20. Covering of the face by females.

21. Sheltering in the shaded placef or males.

22. Bleeding one's body.

23. Cutting nails.

24. Extracting tooth, according to some scholars.

25. Carrying arms.

1. Hunting

Rule 199: While in the state of ihram it is forbidden to hunt, hurt, injure or kill a wild animal, whether it is in the Haram or outside it and, evidently, whether it is halal to eat or not. It is absolutely forbidden to hunt in the Haram, even if the hunter is not in a state of ihram.

Rule 200: Just as it is forbidden for a pilgrim to hunt while in the state of ihram, so is it forbidden to aid a hunter, even by pointing at the animal. In this regard. there is no difference whether the hunter is a pilgrim in ihram or not.

Rule 201: It is not permissible for a pilgrim in a state of ihram to hold a prey and keep it under control, even if he had hunted it before wearing ihram, or it was hunted by someone else, whether inside or outside the Haram.

Rule 202: It is not permissible for a pilgrim in a state of ihram to eat the meat of a prey, even if the hunter has captured it while still not in a state of ihrahm. It is forbidden for a person who is not in a state of ihram to eat the meat of a prey of a pilgrim, in the state of ihram, who killed it by hunting or slaughtered it after hunting.

It is forbidden for a person, who is not in a state of ihram, to eat the prey of a pilgrim, whether in a state of ihram or not, who hunted it inside the Haram.

Rule 203: The rules regarding free animals apply also to their young ones. As a matter of precaution, it is forbidden for pilgrims, in a state of ihram, to take, break or eat their eggs. And as a matter of precaution too, one should not help others to do so.

Rule 204: The rules stated above are for wild creatures, including locust. As for marine creatures, there is no objection to catching fish, for example. Amphibians are regarded as wild animals. Evidently, there is no objection to catching those animals, whose identity, as being wild or not, is doubtful .

Rule 205: Just as it is unlawful for a person in a state of ihram to hunt wild animals, so is it forbidden to kill any of the reptiles, even though it is not considered hunting. There are some exceptions:

1. Domestic animals, like sheep, cow, camels and poultry, including turkey. It is permissible to kill these. The same rule applies when there is doubt as to whether or not an animal is a domestic one.

2. When a person, in the state of ihram, fears for his safety, for example, from wild animals, or snakes, it is permissible to kill them.

3. It is permissible to kill vultures, if they are hunting the pigeons in the Haram.

4. It is permissible to kill vipers, other dangerous snakes, scorpions and mice. There is no kaffarah for killing them.

Rule 206: There is no objection to a pilgrim, in ihram, throwing an arrow at a crow or kite. There is no penalty (kaffarah) should any of them be killed by the arrow.

Kaffarah (penalty) for hunting

Rule 207: For killing grazing livestock, the penalty is a camel; for killing a wild cow it is a cow; for killing a wild donkey it is a cow, as a matter of precaution; for killing a gazelle or a hare it is a sheep. The same, as a matter of precaution, is the penalty for killing a fox.

Rule 208: If the penalty for the animal killed is a camel and it is not available, the obligation is to feed sixty poor people each of whom should be given a mudd (75O grams) of food; if it is not possible to do so, one has to fast for eighteen days. If the penalty is a cow, and it is not available, thirty poor people must be fed; if this is not within one's means, the penalty is fasting for nine days. If the penalty payable is a sheep, and it is not available, ten poor people must be fed; if one cannot afford it, three days fasts should be observed.

Rule 209: For killing a sand grouse, partridge or francolin and their likes, the penalty is a lamb which has been weaned and feeds on grass. For killing a sparrow, a lark and the like, evidently, the penalty is one mud of food. For killing other birds, such as pigeons, the penalty is a sheep.

The penalty for killing their young ones, is a lamb or the young of a goat. If their eggs were broken, the penalty is a dirham (3.456 gms. of silver), if there is no foetus; if otherwise, the ruling is the same as that for the young ones of a bird and out of caution the young lamb feeding on its own.

For killing a locust, the penalty will be a date; if more than one was killed, the penalty will be a handful of food, which is preferable; If the killings are repeated, the kaffarah should be repeated too; if the killing was abundant, it will be a sheep.

Rule 210: For killing a mouse, hedgehog or lizard, and the likes, the penalty is a young goat and for a locust, the penalty will be a handful of food.

Rule 211: For a deliberate killing of a wasp, the penalty is giving away, in charity, some food. If done in defending oneself, there is no penalty.

Rule 212: If a person, in a state of ihram, hunts an animal outside the boundaries of Haram, he must pay a penalty or the price of the animal, where there is no fixed penalty. However, if a person, not in a state of ihram, hunts an animal inside the boundaries of the Haram, he must pay the price of the animal, except for hunting a lion, for which the penalty is a ram. If a person, in ihram, hunts inside the boundaries of Haram, he must pay both the penalty and the price.

Rule 213: It is obligatory on a pilgrim, in of ihram, to avoid the path on which there are locusts, but if that is not possible, there is no objection, if they get killed.

Rule 214: If a group of pilgrims, in ihram, jointly kill an animal, each of them will be liable to the penalty.

Rule 215: The penalty for eating the hunted animal is the same as for killing it. Thus, if the pilgrim in ihram hunts the animal, then eats it, he will be liable to double the rate of the penalty.

Rule 216: If a person, not in ihram, has with him the hunted animal and enters the Haram in his possession, he must immediately release it; if he does not do so and the animal dies, he becomes liable to pay the penalty. The same is the rule, if the hunting took place before ihram, but the animal died after ihram, i.e. the penalty must be paid, even if he did not enter the Haram, as a matter of precaution,

Rule 217: The penalty for hunting an animal and eating its meat applies whether the act was done deliberately, in error, or out of ignorance.

Rule 218: If the hunting is repeated, so is the penalty, whether the hunting was out of ignorance, due to an oversight, or deliberate - by a person, not in ihram, inside the Haram. The same rule applies to the hunting in the Haram by pilgrim, in the state of ihram - in each and every ihram. However, if a pilgrim, in ihram, hunts repeatedly during the same state of ihram, he will pay the penalty once.

2. Sexual Activity

Rule 219: Sexual union is forbidden for a pilgrim, in ihram for an Umrat-ut-Tamatu' or Umrat-ul- Mufradah or during Hajj; this is the case even after performing them, but before saying the prayers for Tawaf-un-Nisa.

Rule 220: If during an Umrat-ut-Tamatu' a pilgrim intentionally has sexual intercourse with his wife, and if he does so after performing sa'y, the Umrah is not invalidated. However, there is an obligatory penalty upon him which should, as a matter of precaution, be camel or a cow.

If the intercourse takes place before sa'y is completed, the penalty will be as stated above. As a matter of precaution, he must finish his Umrah, the pilgrimage that follows it, and repeat both of them in the ensuing year.

Rule 221: If a pilgrim, in ihram for Hajj deliberately has sexual intercourse with his partner, before wuquf at Muzdalifah, his Hajj is invalidated; if the lady is also in ihram and she knowingly and voluntarily condoned the act, her Hajj is also invalidated. There is a penalty on each of them; they also have to complete the remaining ceremonies and repeat the Hajj in the following year, whether the pilgrimage was obligatory or optional. However, if the woman was compelled into the act, her Hajj is not invalidated, and there will be no penalty on her. Her husband, who coerced her into it, should pay double the penalty.

The penalty for the intercourse is a camel, but if one cannot afford it, it is a sheep. It is mandatory that husband and wife live separately during the remainder of the pilgrimage - except in the presence of a third person - until they complete all the pilgrimage rituals, including those at Mina. They should return to the point where the intercourse took place. Should they choose to use a different route, they are free to meet, only when they have finished all the required acts of worship.

They should also be separated, during the repeat Hajj in the following year on arrival, until they reach the place where the intercourse took place in the preceding year. Indeed, as a matter of precaution, the separation should be maintained until the completion of all the pilgrimage devotions and the return to the place where the act took place.

Rule 222: If a person, in ihram, had intentionally had a sexual intercourse after wuquf at Muzdalifah, but before completing the fourth round of Tawaf-un-Nisa, the above-quoted penalty is obligatory on him; however, his pilgrimage stands.

Rule 223: If a person knowingly has a sexual intercourse during Umrat-ul-Mufradah, he is liable to the penalty, previously discussed. His Umrah, though, is valid, if the sexual act took place after sa'y; otherwise the it is invalidated as well. It is then mandatory on him to remain in Makkah for another month, and proceed to one of the Meqats to wear ihram again to repeat Umrah. It is not sufficient to wear ihram from Adnal hil. As a matter of precaution, he must also complete the Umrah that was rendered invalid.

Rule 224: If a pilgrim, relieved from his ihram, had a sexual intercourse with his wife, who is still in ihram, she becomes liable to a kaffarah of a camel, which must be borne by the husband.

Rule 225: If a pilgrim, in a state of ihram , has a sexual intercourse with his wife out of ignorance or due to an oversight, his Umrah and Hajj are valid; there shall be no penalty on him. This rule also applies to all the other prohibitions which attract penalties. That is to say that an act of a pilgrim, in ihram, will not attract a penalty, if it was performed out of ignorance or due to an oversight, except in the following cases:

1. if he forgets a tawaf in Hajj or Umrah till he returns to his country, and has intercourse with his wife;

2. if he forgets some parts of the sa'y in Umrat-ut-Tamatu' and has intercourse with his wife considering himself relieved of ihram;

3. if he needlessly keeps stroking his head or beard, and a hair or two drop off;

4. if out of ignorance, he applies oil to his body.

The rules relating to these aspects will be discussed at their appropriate places.

3. Kissing a Woman

Rule 226: It is not permissible for a pilgrim, in a state of ihram , to kiss his wife with passion. If he does so and as a result ejaculates, he is liable to a penalty of a camel. If he did not ejaculate, a penalty of a sheep will do. If the kissing was without passion, the same kaffarah (penalty) shall be due, as a matter of precaution.

Rule 227: If a person, who is not in a state of ihram, kisses his wife, who is in state of ihram, he must, as a matter of precaution, pay a penalty of a sheep.

4. Touching a Woman

Rule 228: It is not permissible for a pilgrim, in ihram, to touch, carry, or cuddle his wife with passion. If he does so, whether he ejaculates or not, he becomes liable to a penalty of a sheep. However, if he touches, carries or cuddles her without passion, no penalty is incurred.

5. Looking at and Playing with a Woman

Rule 229: It is not permissible for a person, in the state of ihram to embark on foreplay with his wife. If he does so and ejaculates, he is liable to a penalty of a camel. However if he is unable to pay this penalty, he is liable for a sheep. He should avoid looking at her with desire, if this eventually leads to ejaculation. That said, it is advisable not to embark on this road whether or not looking at her resulted in ejaculation, as a matter of ihtiyat.

If he looks at her with passion and ejaculates, he is liable to a penalty of a camel, as a matter of precaution. If he looks at her with passion but does not ejaculate, or the looking is without desire, yet it is followed by ejaculation, no penalty shall be incurred.

Rule 230: If a pilgrim, in ihram, unlawfully looks at a lady who is a stranger to him and ejaculates, he is liable to a penalty of a camel, if he is well off. If he is of an average means, a cow. If he is poor, the penalty is, evidently, a sheep. If there is no ejaculation, no penalty is incurred.

Rule 231: It is permissible for a pilgrim, in ihram, to enjoy the company of his wife, such as talking to her. However, categorically abandoning such a thing is recommended, as a matter of precaution.

6. Masturbation

Rule 232: If a pilgrim in a state of ihram masturbates, the rule of sexual intercourse applies to him. If this happens before the stay at Muzdalifah, his Hajj is invalidated; it is obligatory on him to complete the ceremonies and repeat the pilgrimage in the following year.

If this act occurs in Umrat-ul-Mufradah before completing sa'y, his Umrah is invalidated and he is obliged to complete and repeat it as stated above. The penalty for it is the same as that for sexual intercourse. If, however, there is ejaculation without masturbation, by, for example, looking only or imagining, the penalty is still operative but Hajj or Umrah is not invalidated. Yet, as a matter of caution, it must be repeated.

7. Marriage Contract

Rule 233: It is forbidden for a pilgrim, in a state of ihram , to officiate the marriage contract himself or another person, irrespective of whether or not the other person is also in a state of ihram , and whether the intended marriage is permanent or temporary. In all these cases, the marriage is invalid.

Rule 234: If a pilgrim, in the state of ihram, gets married, and the marriage is consummated, the person who conducted the ceremony, husband, and wife should each pay a penalty, which is a camel. That is, if they were aware of the situation and the rules.

If some were aware and others not, the ignorant party shall not incur the penalty. There is no difference as to the extent of the penalty whether the person, who conducted the marriage ceremony, and the woman, were in a state of ihram or not.

Rule 235: It is not permissible for a pilgrim, in a state of ihrahm, to witness a marriage ceremony, or be present there, as is widely believed (ala mashhoor). However, as a matter of optional precaution (al ahwatil awla), he must decline bearing witness to it, albeit he would practically have, be virtue of being there, assumed a responsibility.

Rule 236: As a matter of optional precaution, a person in a state of ihram should not propose to a lady. However, there is no objection to reverting to a lady who had been divorced by way of a revocable divorce, just as it is permissible to divorce one's wife.

8. Use of Perfume

Rule 237: It is forbidden for a person, in ihram, to use perfume, be it by way of wearing, smelling, applying, or eating it. Not permissible, too, is wearing any garment that had come into contact with it. By perfume we mean every substance intended for one's body, clothes, and food, such as musk, oud, waras, amber, saffron and the like.

However, it is evident that, one must also refrain from all kinds of scent and perfume, like rose and jasmine. There is one exception, though, which is ‘Khalooq-ul-Ka'ba’, which is extracted from saffron and other materials, and is applied on the Holy Ka'ba.

Rule 238: It is not forbidden for a pilgrim in a state of ihram to smell sweet plants, be they used for perfumes, such as jasmine, or others. fragrant wild flowers, such as wormwood, are apparently exempt.

Fruits which have a scent in them, like apples and quinces, one must refrain from smelling them while eating them, as a matter of precaution. The same applies to aromatic oils; it is permissible to use for food the edible ones among them, yet it is advisable not to smell the aroma while eating them, as a matter of ihtiyat.

Rule 239: A pilgrim in a state of ihram, performing sa'y does not have to hold his nose in a bid to avoid smelling the aroma which may exude from a vendor of perfumery. However, he must do so in situations other than this. Khalooq-ul-Ka'ba is exempt.

Rule 240: If a person, in ihram, deliberately consumes an item of perfumery, or wears clothes that have traces of scent on them, he should, as a matter of obligatory precaution (al ahwat luzuman [wujuban]), bear a kaffarah of a sheep.

There is no kaffarah for using perfume in situations other than those discussed, although, as a matter of precaution, one must pay the penalty.

Rule 241: It is forbidden for a pilgrim, in the state of ihram, to close his nose to bad smell, although there is no objection to moving away quickly from the smell.

9. Wearing Sewn Clothes by Men

Rule 242: It is forbidden for a male pilgrim, in ihram, to wear any garment with buttons, or that used as pullover, such as cloak. It is also forbidden to wear trousers, and the like to cover one's private parts, unless they do not have buttons. However, as a matter of obligatory precaution, he must completely refrain from wearing traditional clothes, such as shirt, cloak, jacket, Arabian thawb or dishdasha (gown), albeit not buttoned up.

However, there is no objection to tying a sewn purse/wallet worn around the waist or over the shoulder. Likewise, it is permissible to use a sewn belt to support a rupture, or hernia, for example. He can also use a sewn kilt or covering, but he must not let it cover his head.

Rule 243: As a matter of precaution (al ahwat), one must not tie the lose ends of the loin cloth round one's neck ; indeed one must not tie a knot in the loin cloth at all, i.e. one must not connect the two ends of the loin cloth, either by a knot or by a pin or needle. As a matter of precaution, one must not tie a knot in the cloth round the shoulders either; however, one can connect its loose ends with a pin or a needle.

Rule 244: Ladies can wear sewn dresses, but not gloves.

Rule 245: If a pilgrim, in ihram, deliberately wears anything forbidden, the penalty is a sheep. As a matter of precaution, the penalty must be paid even if the infringement was involuntary.

If it is repeated, there is a penalty incurred for each and every infringement, even if it involves simply the deliberate change of clothes, be they of different kinds or of the same kind, as a matter of precaution.

10. Applying Antimony (Surma)

Rule 246: Applying antimony in two situations need consideration:

1. Application of black collyrium for beautification is totally forbidden, except if used for treatment.

2. Application for beautification of collyrium which is not black, and its equivalent, without intention of beautification is not objectionable and carries no penalty. However, it is preferable to sacrifice a sheep, if the antimony was mixed with an unlawful substance.

11. Looking in the Mirror

Rule 247: It is forbidden for a pilgrim, in a state of ihram, to look in a mirror for the purpose of beautification. However, there is no objection to looking in a mirror for any other reason. For example, a driver looking in the mirror to check the rear view; a pilgrim may need to look into a mirror to tend an injury in his face, or to ensure that there is nothing on the face to obstruct wudhu water reaching the skin.

All other reflective surfaces are treated in the same way as a mirror. If one has looked into the mirror for beautification, it is recommended to renew the talbiyah.

There is no objection to wearing medical spectacles. However, as a matter of precaution, one should refrain from wearing them, if it is widely the view that they may be considered among beautification objects.

12. Wearing Shoes, Socks or Stockings

Rule 248: It is forbidden for a male pilgrim, in ihram, to wear shoes, socks or stockings, if they cover the foot. However, if the pilgrim is unable to obtain slippers, and it becomes necessary for him to wear shoes, he should, as a matter of precaution, tear off the front part.

He is, however, permitted to wear what covers only part of the foot, or the whole foot, without wearing anything; for example, by letting the cloth of the ihram, worn around the waist, to cover the foot while sitting. The kaffarah for wearing shoes, socks or stockings is a sheep, as a matter of ihtiyat. There is no objection to women wearing them.

13. Outrage (Fusouq)

Rule 249: Fusouq covers lying, swearing, and unlawful boasting. Although, it is forbidden at all times, yet more seriously so when one is in a state of ihram.

However, by boasting, we mean one showing off one's social standing, and the like; it is forbidden, if it entails denigrating a fellow believer. Otherwise, there is no objection to such conduct, whether in a state of ihram or not. There is no kaffarah for such behaviour, except that the pilgrim must seek Allah's forgiveness. However, as a matter of precaution, he should sacrifice a cow.

14. Quarrelling

Rule 250: It is forbidden for a pilgrim in a state of ihram to quarrel with others, particularly to swear by Allah in order to prove something. Apparently, the prohibition is not exclusive to “La Wallah” (No, by Allah) or “Bala Wallah” (Yes, by Allah), but includes all types of swearing in the name of Allah in any language, even though it does not include la or bala. However, swearing by other than Allah is not taken into account.

Rule 251: There are two exceptions to the preceding:

1. it is permissible to swear, if it is necessary to do so to establish a right or disprove a false claim;

2. if it is not intended to take an oath or swear but for another purpose altogether, like showing respect or affection and saying,” La Wallah (No by Allah) do not do so”.

Rule 252: There is no penalty for taking an oath, if it is true. However, the pilgrim should seek Allah's forgiveness, if he has done so only twice; otherwise there is a penalty of a sheep. If the oath is untrue, the penalty is a sheep for the first time, two sheep for the second and a cow for the third time. That is the maximum penalty. However, if he had paid the penalty and took yet another false oath, the penalty is incurred in the same order.

15. Killing of Insects Found on the Body

Rule 253: It is forbidden for a pilgrim, in a state of ihram, to kill lice on one's body or throw them from one's body or clothes, as a matter of precaution. Yet, there is no objection to moving them from one place to the other.

If they are killed, the kaffarah should, as a matter of ihtiyat, be feeding the poor As for mosquitoes, gnats and the like, it, as a matter of precaution, is better to avoid killing them, so long as they do not harm the pilgrim. It is permissible, though, to kill them to protect oneself, although one should, as a matter of precaution, avoid doing so.

16. Self Beautification

Rule 254: As a matter of precaution, a pilgrim, in a state of ihram, should avoid whatever is considered to be beautification, whether or not he has the intention to beautify himself, including applying henna in the usual way.

However, it is permissible to use that which is not considered as beautification and is used for treatment, or the like. It is also permissible to apply it before wearing ihram, even though its effect continues while the pilgrim is in a state of ihram.

Rule 255: It is permissible for a pilgrim, in a state of ihram to wear a ring, not for beautification but as a mustahab act, for safe keeping, or for the purpose of counting the rounds of tawaf However, as a matter of precaution, wearing it for ornamental purposes must be avoided.

Rule 256: It is forbidden for a lady, in a state of ihram, to wear ornamental jewellery, unless she customarily wears them before getting into a state of ihram. However, she should not show them of to her husband or, as a matter of optional precaution (al ahwatil awla), to any male, among her mahaarim. There is no kaffarah on beautification in all these situations.

17. Applying Oil

Rule 257: It is not permissible for the pilgrim, in a state of ihram, to apply oil to the body, even if there is no perfume or scent in it, unless it is applied for necessity or treatment.

Rule 258: If the oil, which contains perfume, is applied deliberately, the kaffarah is a sheep; if it is applied out of ignorance, as a matter of precaution, a poor person should be fed as the penalty.

18. Removal of Hair from the Body

Rule 259: It is forbidden for a pilgrim, in a state of ihram, to shave or pluck, even a single hair of his, or another one's, hair, whether in ihram or not. There are three exceptions to this rule:

1. if there are plenty of lice on the body of the pilgrim and he is troubled by them;

2. if it becomes necessary to remove them, due to, for example, the length or quantity of hair that may cause headache, or for another reason;

3. if the hair drop off by themselves in the course of wudhu or ghusl.

Rule 260: If a pilgrim, in a state of ihram, shaves his head without any valid reason, the kaffarah is a sheep. If, however, he does so out of necessity, the penalty is either a sheep, fasting for three days, or feeding six poor persons, each receiving a kilo and a half of food.

If he removes the hair under the armpits, the kaffarah is a sheep; as a matter of precaution, that will also be the penalty, if he removes the hair under one armpit only. If he removes the hair of the beard, or any other hair, the kaffarah is feeding a poor person. There is no kaffarah for a pilgrim shaving the head of another person, irrespective of whether or not the other person is in a state of ihram.

Rule 261: There is no objection to a pilgrim, in a state of ihram, scratching his head or body, if no hair falls off or blood oozes. If the pilgrim strokes, without any reason, his head or beard, causing one or two hairs to drop off, he must give, in charity, some food. If this happens in the course of wudhu or similar act, there is no kaffarah on him.

19. Covering of the Head for Men

Rule 262: It is not permissible for a male pilgrim, in a state of ihram, to cover his head, or part of it, by way of shawl, masque, shirt, and the like. However he must, as a matter of precaution, not do so by carrying clay or grass, or by carrying anything on his head. Placing a leather water container on the head, or tying it with handkerchief, and the like, to treat a headache, is permissible. By head we mean the part where the hair grow; however, it is highly recommended the ruling applies to the ears .

Rule 263: It is permissible to cover the head with a part of the body, like hands but it is advisable to avoid doing so.

Rule 264: As a matter of precaution, it is not permissible for the pilgrim, in a state of ihram, to immerse his head in water, or any other liquid on ihtiyat grounds. The rule is applicable to both males and females. By head we mean the part above the neck.

Rule 265: If a pilgrim, in a state of ihram, covers his head, the kaffarah, as a matter of precaution, is a sheep. It is evident that there is no penalty, if the action is taken out of necessity.

20. Ladies' Face Cover

Rule 266: It is not permissible for a lady, in a state of ihram, to cover her face with a veil, a drape (niqab), a hand fan, and the like. As a matter of precaution, she should not cover her face with any form of cover and, for that matter, any part thereof. However, she can cover it while sleeping; there is no objection to covering part of the face in prayer.

Rule 267: In a state of ihram, ladies can cover their faces by pulling the end of their head cover (hijab) from the head onto the nose and it is apparent that there is no need to hold the end of the veil away from the face by hand or otherwise, though it is better to do so as a matter of precaution.

Rule 268: As a matter of optional precaution (al ahwatil awla), the kaffarah for covering the face is a sheep.

21. Remaining under Shade by Men

Rule 269: Sheltering is of two kinds:

1. By using an umbrella, the roof of a vehicle, an aeroplane, and the like. This is forbidden for men, in a state of ihram, if the shade is above the head. However, it is allowed to be in the shade of a moving cloud. Evidently (adhhar), there is no objection to the shade covering one side of the body only. For example, pedestrians walking beside a car producing a shade on one side.

2. As a matter of precaution, riders must avoid shade, unless the shade, produced from both sides, is so short that it does not cover the head and chest of the pilgrim.

3. By being under fixed objects like the shade of walls, tunnels, trees, mountains, etc. Evidently, being under such shade is allowed for a pilgrim, in a state of ihram, whether riding or on foot. There is no objection to protecting oneself from the sun with one's bare hands, although it is advisable to refrain from it, as a matter of precaution.

Rule 270: By “avoiding cover, or shading”, we mean no protection should be used against the sun and, as a matter of precaution, the rain. However, there is no objection to protecting oneself from wind, heat, cold, etc., albeit it is advisable not to embark on it, as a precautionary measure.

Yet, there is no objection to using a covered bus during the night, even if it is not raining, as a matter of precaution. That is even with the knowledge that it may provide protection against wind.

Rule 271: The prohibition of resorting to shading, discussed above, is confined to walking and covering a distance. Once the pilgrim, in a state of ihram, arrives at a place, be it that he uses for accommodation or not, there is no objection to his moving under shade. This is treated in the same way as if the pilgrim was en route, in that he can remain in the shade of a house in which he is resting, or meeting friends, i.e. it is apparent that he is permitted to be under shade.

The question, though, still remains as to whether the pilgrim is permitted to be under the shade of a moving object, once he settled and went about his business. Say, he had arrived in Makkah and wished to proceed to the Holy Mosque for tawaf and sa'y, or once in Mina, he wished to proceed to the place of sacrifice or Jamarat. It is very problematic (mushkilun jiddan) to pass a ruling, permitting it. Accordingly, and as a matter of precaution, one should avoid doing so.

Rule 272: There is no objection to women or children sheltering in the shade, and even men when it is necessary.

Rule 273: The kaffarah for being under shade is a sheep, whether the breach was deliberate or out of necessity. If it is repeated, a sheep should, as a matter of precaution, be given for each day of the breach, although it is evident that there is only one penalty for the entire state of ihram.

22. Removal of Blood from the Body

As a matter of precaution, it is forbidden for a pilgrim, in a state of ihram, to remove blood from his body, in any way, be it by cupping or removing a tooth or the like. It could, though, be done for a good reason. However, there is no objection to using siwak, even if it results in bleeding. The kaffarah for bleeding, without a valid reason is a sheep, as a matter of optional precaution (al ahwatil awla).

23. Cutting Nails

It is forbidden for a pilgrim, in a state of ihram, to cut his nails or part thereof, unless it is causing distress to him. For example, if part of the nail has become blunt and causes pain to the entire nail, it is permissible to cut it.

Rule 274: The kaffarah for cutting one nail is mudd (750 gms) of food; for cutting all hand nails in one session, it is a sheep. The same rule applies to cutting feet nails. If hand and feet nails are cut in one go, the kaffarah is a sheep. If hand nails are cut in one session and feet nails in another, the kaffarah is two sheep.

Rule 275: If a person, in a state of ihram, cuts his nails by following a ruling (fatwa), spelling it out to be permissible and, in the process, blood oozes out, the kaffarah must, as a matter of precaution, be borne by the person who erroneously led him in that direction.

24. Extraction of Teeth

Rule 276: Some scholars are of the opinion that extracting a tooth by a person, in a state of ihram, is forbidden, even if no blood comes out in the process. They prescribe the kaffarah to be a sheep. Although there is no doubting the reasoning for this view, it is not far from being the correct one.

25. Wearing of Arms

Rule 277: It is forbidden for a person, in a state of ihram, to wear arms, or carry them in a way that suggests that he is armed, as a matter of precaution. By weapons, we mean that which would generally be regarded as arms, such as sword, spear, and rifle. Items of body protection, such as armour, are excluded from this rule.

Rule 278: There is no objection to the arms being in the possession of a pilgrim, in a state of ihram, in such a manner that it would not be generally construed that he is armed. However, it is advisable to avoid having them altogether, as a precaution.

Rule 279: Carrying arms is forbidden only in normal conditions. If it is necessary to carry them for fear of the enemy or thieves, for example, there is no objection to doing so.

Rule 280: As a matter of precaution, the kaffarah for carrying arms, without a valid reason, is a sheep.

Matters forbidden within (The Haram)

Matters forbidden for a pilgrim, in a state of ihram, have now been covered. We now proceed to deal with the matters forbidden to the pilgrim and the native:

First: Hunting in the Haram is forbidden to the pilgrim and the native as stated before.

Second: Uprooting grass or cutting down trees in the Haram is forbidden. However, there is no objection to grass being damaged in the course of ordinary walk. So too is letting animals feed on the grass. It is advisable, though, to avoid cutting grass to feed them.

There are some exceptions to the rule:

1. `Ethkher' which is a well known herb;

2. Date palm and fruit trees;

3. Privately planted grass or trees;

4. Trees or grass, grown on the premises of an individual, after the purchase of the property or settling in it. As for trees and grass that were there, at the time of purchasing the property, they do not fall within the exception.

Rule 281: If the roots of a tree are in the area of the Haram but branches outside, or vice versa, it will be governed as though it was wholly within the area of the Haram.

Rule 282: The kaffarah for cutting down a tree is its value. The penalty for cutting a portion of it is the value of the portion cut off, as a matter of precaution; there is no penalty for cutting grass.

Third: It is not permissible to execute the religious punishment meted out to a person who, guilty of an act committed outside the Haram, has taken refuge in it. However, people should refrain from feeding such a person, or communicating with him, till he is left with no option but to come out and be penalized.

Fourth: It is highly discouraged to pick lost property within the Haram. However, if a person had picked it up, and traced no sign to recognize its owner, he could keep it for himself. As a matter of precaution, however, it is recommended that he should give it away in charity on behalf of its owner. If its price is more than one dirham (3.456 gms of silver), he should give notice for one year that he has found it; if it remains unclaimed, he must give it away in charity on behalf of the owner.

Boundaries of Haram

The boundaries of Haram are known and have been handed down from generation to generation. From the north is Tan'eem, north-west is Al-Hudaibiyyah, that is, Shamaisi, north-east is Thaniyyat Jabalil Maqta', east is Batan Namirah, south-east is Ja'ranah and from south-west is Idha'atul Laban.

The boundaries of Madinah are the mountains of Aa'ir, Wa'eer and the valleys of Waaqim and Laili. Although it is not obligatory to wear ihram from Madinah, it is not permissible to cut the trees, especially the green ones, and, as a matter of precaution, hunting is not permitted at all.

Place of sacrifice

Rule 283: If the kaffarah was for hunting, in the course of an Umrat-ul-Mufradah in a state of ihram, the animal must be sacrificed in Makkah. If it was in the course of Hajj, the animal must be sacrificed in Mina. As a matter of precaution, the same ruling applies to any other penalty.

Rule 284: If the kaffarah has become due on the pilgrim, in a state of ihram, for hunting or otherwise, but it was not fulfilled, until after completing the pilgrimage and arriving home, he is, evidently, free to kill the animal wherever he likes .

Disbursement of the sacrifice

All penalties, incurred by the pilgrim, must be handed to the poor and the needy. As a matter of precaution, he must refrain from eating it; if he did so, as a matter of precaution (al ahwat), he must pay its price to the poor.