The haraam things and acts of ihraam
173.
The muhrim, i.e. one who is in the state of ihraam, must refrain from 25 issues:
1. Hunting land animals,
2. Sexual intercourse (with one’s spouse),
3. Pleasure seeking with one’ spouse,
4. Performing marriage contract or witnessing it,
5. Masturbation,
6. Perfume,
7. Wearing sewn clothing (applicable only to men),
8. Wearing slippers, shoes, or socks,
9. Using Kohl powder on the eyes,
10. Looking in the mirror,
11. Fosuq, which is lying, swearing, and boasting,
12. Jidaal, which is to enter into arguments, disputes, or Quarrelling,
13. Killing insects found on humans [such as lice],
14. Beautification,
15. Applying oil,
16. Removing hair (from the body),
17. (Using) Henna,
18. Covering the head (in the case of men),
19. For a woman to cover her face,
20. Sheltering in shade, for men,
21. Causing bleeding,
22. Clipping the finger nails,
23. Pulling a tooth,
24. Wearing arms/weapons,
25. Uprooting a tree or any vegetation of the Haram.
1. Hunting land animals
174.
It is forbidden for a muhrim - one who is in the state of ihraam - to hunt a land [/air] animal, excluding other animals. It is also forbidden to catch the animal, or help in its hunt, even by guiding (the hunter) or pointing (to it) or encaging it, or any other means in the hunt process. It is also forbidden to slaughter the animal or eat from its meat.
175.
It is permissible to kill savage predatory animals if the muhrim feared them. It is also permissible for non-muhrim to kill birds of prey if they hurt the pigeons of the Haram, however, the muhrim, as a precaution, should abstain from killing them.
176.
If he hunted a game or slaughtered it, (it would count as) meetah - dead animal meat - and thus it is forbidden for him or anyone else to eat from it, and one may not perform the prayers wearing the leather made from its skin.
177.
It is prohibited to hunt a land animal, but a sea animal is not prohibited to hunt. By sea animal it is meant those animals that live, reproduce and grow in water, even in little streams of water. Also it is not prohibited to slaughter a tame animal, even if had turned wild.
178.
The ruling of the young is the same as its parent, and so too is that of the egg. As for lotus, it is classified as a land animal, and therefore it may not be hunted, and it is forbidden to eat.
179.
If there was a doubt as to whether the animal is of land or sea, it is not mandatory to avoid it.
180.
Just as it is forbidden for a muhrim to hunt even outside the Haram, it is also forbidden for a non-muhrim to hunt within the boundaries of the Haram, and he is liable to a kaffaarah just as a muhrim is, although the kaffaarah may sometimes differ. If a muhrim killed an animal within the boundaries of the Haram, he is liable to the cost of the animal as well as the kaffaarah.
Kaffaarah of hunting
181.
The following kaffaaraat [compensations, penalties] are obligatory in hunting:
• Hunting an Ostrich is liable to the kaffaarah of a camel.
• Hunting a wild cow is liable to the kaffaarah of a tame cow.
• Hunting a Zebra is liable to the kaffaarah of a camel or a tame cow.
• Hunting a deer, a rabbit, or a fox is liable to the kaffaarah of a sheep.
182.
If one hunted [an animal] that is liable to a camel, but was unable to find a camel, he should- with the cost of a camel - buy wheat and divide it between the poor. However, it would be sufficient to give food to sixty poor people, each receiving one modd of wheat. Each modd is equivalent to approximately 750 grams. If he was unable to give that, he should fast for 18 days instead. The fasting does not need to be consecutive, and he can fast a few days at a time if he wished.
183.
If one hunted [an animal] that is liable to a tame cow, but was unable to find a cow, he should buy wheat - with the cost of a cow - and divide it between the poor. However, it would be sufficient to give food to thirty poor people, each receiving one modd of wheat. If he was unable to give that, he should fast for 9 days instead.
184.
If one hunted [an animal] that is liable to a sheep, but was unable to find one, he should give food to ten poor people, each receiving one modd of wheat. If he was unable to give that, he should fast for 3 days instead.
185.
If the muhrim hunted a pigeon or a similar bird, and slaughtered it, he must compensate for this by [offering] a sheep. If he broke a pigeon egg and the like, and there was a chick inside that had life, he is liable to [offering] a sheep, and if the chick was motionless, he is liable to the cost of the egg, which he should give to charity.
186.
If a non-muhrim caught and killed a pigeon or other similar bird within the boundaries of the Haram, then he is liable to either give one Dirham
to the poor, or give him the cost of the bird, although the second option is preferable as a precaution.
187.
If he hunted a sand grouse, partridge, and such like, he is liable to a sheep.
188.
If he hunted a sparrow, wren, skylark, and the like outside [the limit of] the Haram, he has the option of giving either the cost of the kill or a modd of wheat to charity. If he was inside the Haram, his liability is twice, and so too if he hunted a young. If he broke its egg, he should give the cost of it to charity.
189.
If he killed a lotus, he has the option of giving a handful of wheat or one date to charity, but if he hunted a lot of lotuses, he is liable to kaffaarah of a sheep. If there were many lotuses on the road, it is incumbent on the muhrim to choose an alternative route. If this was not possible, and some of the lotuses died as a result of him stepping over them, he is not liable to anything.
190.
If he killed a lizard, he is liable to a handful of wheat, and if he unintentionally killed a wasp he is liable to some
wheat, but if he killed it to repel its harm, there is no liability [to a kaffaarah].
191.
If a group took part in the hunt, every one of them is liable to a separate kaffaarah.
192.
The kaffaarah of eating the game is the same as the hunt itself. So if a muhrim hunted a game and ate it, he is liable to two kaffaarah’s; one for hunting, and another for eating from it.
193.
If one was accompanied by a game, it is obligatory for him to release it when he enters [the limits of] the Haram, and if he did not release it until it died, he is liable to its kaffaarah. Also if someone had hunted an animal when he was not in the state of ihraam, and then declared and assumed ihraam, he must release the game even if he has not entered the Haram.
194.
Liability to killing or eating the game is mandatory regardless of whether this was deliberate or by negligence, oversight, or ignorance of the ruling of the case.
2. Sexual intercourse
195.
Sexual intercourse is absolutely forbidden for a muhrim, whether one was in a state of ihraam for Hajj or for Umrah.
196.
Women are forbidden for muhrim men, just as men are forbidden for muhrim women.
The kaffaarah for sexual intercourse
197.
One who is in the state of ihraam for the Umrah of Tamattu‘, if he had finished the sa‘y, but had not done the taqseer, and knowingly and deliberately committed sexual intercourse with his spouse, he is liable to kaffaarah of a camel. If he could not afford it, he should offer a cow, and failing that he must offer a sheep, and his Umrah is valid. If, on the other hand, he committed this before performing the sa‘y he is liable to the kaffaarah and his Umrah is invalidated, and it is obligatory for him to repeat the Umrah if possible.
198.
If one had declared and assumed the ihraam for the Hajj, and before the woquf in the Mash‘ar al-Haraam, he knowingly and deliberately committed sexual intercourse with his spouse, if the woman had willingly agreed to it too; the Hajj of both is invalidated. However, they are both obliged to complete the Hajj, and repeat the Hajj in the second year, regardless of whether their Hajj was obligatory or optional (mostahab). If the woman had not willingly agreed to it, her Hajj is not invalidated, and the man must pay two kaffaarah, and the woman is not obliged to anything. Furthermore, it is mandatory to part between the man and woman from where this act was committed during this Hajj, and during the second Hajj until they arrive in the same stage again.
199.
If a muhrim for Hajj knowingly and deliberately engages in sexual intercourse with his spouse after the woquf in Mash‘ar al-Haraam and before performing Tawaaf an-Nisa’, he is obliged to offer a kaffaarah but his Hajj is not invalidated. If he committed this act after three-and-a-half cycles of Tawaaf-an-Nisa’, his Hajj is valid, but as a recommended precaution, he should give the kaffaarah. If he did this after the completion of tawaaf-an-Nisa’ and before the prayers of this tawaaf, his Hajj is valid and he is not obliged to give kaffaarah.
200.
If a muhrim for the Mufradah Umrah knowingly and deliberately engages in sexual intercourse with his spouse before the sa‘y, he is obliged to offer a kaffaarah and his Umrah is invalidated. However, he must complete this Umrah, and then perform a new ihraam for the Mufradah Umrah, and perform all its rites.
201.
If a muhrim for the Mufradah Umrah knowingly and deliberately engages in sexual intercourse with his spouse after Tawaaf-an-Nisa’ and before the prayers of the tawaaf, he is not obliged to a kaffaarah and his Umrah is valid. If this was at a time when the Tawaaf-an-Nisa’ was partially done, his Hajj is not invalidated, but as a recommended precaution, he should give a kaffaarah.
202.
If a muhrim woman willingly consents to sexual intercourse, the rulings in her case are the same as those of a man in terms of obligation of the kaffaarah, invalidation of the Hajj, etc.
203.
If a muhrim man engages in sexual intercourse with his spouse while not being conversant with the ruling of the case, or due to negligence and oversight, regardless of whether this negligence and oversight was in respect of the rulings of the case or in [him being] in the state of ihraam, his Hajj and Umrah are not invalidated, and he is not obliged to give kaffaarah.
3. Seeking pleasure
204.
It is forbidden to seek pleasure from one’s spouse by say kissing, looking, touching, etc. if this was with passion and lust. However, if the touching and looking was without passion or lust, then it is not objectionable. Also hugging is not objectionable if it is not with the intention of pleasure. As for kissing it should be absolutely avoided, as a precaution.
205.
All of this is applicable to woman, just as it is for man, and therefore it is not permitted for her to seek pleasure by looking at her husband or touch him with lust or passion, or kiss him.
206.
If a muhrim knowingly and deliberately, lustfully kissed his wife, and as a result ejaculated, he is obliged to give a kaffaarah of a camel, and the same is applicable even if he did not ejaculate. If he did not do that out of lust, and he ejaculated, he is obliged to give a kaffaarah of a sheep, and if he did not ejaculate he should give a kaffaarah of a sheep as an obligatory precaution.
207.
If a muhrim lustfully touched his wife, and as a result, he ejaculated, he is obliged to give a kaffaarah of camel.
208.
If the muhrim lustfully fondled his wife or looked at her, such that as a result he ejaculated, he is obliged to give a kaffaarah of a camel.
209.
If a muhrim knowingly and deliberately looked at a non-mahram woman, and as a result ejaculated, regardless of whether it was with or without lust, and regardless of whether or not he had intended the ejaculation, he is obliged to give a kaffaarah of a camel, if he was well off, otherwise he should give a kaffaarah of a cow, or if he was poor he should give a kaffaarah of a sheep. However, if he did not ejaculate he is not liable to a kaffaarah, although by this act he had committed disobedience and sinned.
4. Performing a marriage contract or witnessing it
210.
It is forbidden for a muhrim to perform a marriage contract, whether this is for himself or for others, and regardless of it being a permanent, temporary, or proxy marriage, and whether the persons involved were muhrim or non-muhrim. It is also forbidden if someone else performed a marriage contract for him as his agent, even if agency was given to the agent prior to him assuming the state of ihraam.
211.
As a precaution, one should also abstain from seeking permission of marriage [from the father or guardian of the girl] even if his intentions are to conclude the marriage contract after the ihraam. As for the return in the case of a divorce, there is no objection to it if it is done during the state of ihraam.
212.
It is forbidden for a muhrim to attend a marriage contract ceremony, or witness a marriage contract even for someone else. This is applicable even if the other party was not in the state of ihraam. Also it is forbidden for him to act as witness, even if he agreed to do so when he was not in the state of ihraam.
213.
If a muhrim conducted the marriage contract for a couple who were both muhrim, and the couple had sexual intercourse, if this was done knowingly and deliberately, for all concerned, every one of them must give a kaffaarah of a camel, and the marriage contract is invalid, and the wife is forever forbidden (haraam) for the husband, [i.e. the husband can never marry that woman again in the future]. This is in addition to the rulings on sexual intercourse [concerning a muhrim] as mentioned previously. One is not liable to kaffaarah if this was due to ignorance of the ruling, negligence, oversight, or compulsion.
214.
If a muhrim married a muhrimah [a female muhrim] by conducting the marriage contract himself, then the same rulings as above apply, in terms of knowledge and ignorance, etc.
215.
If a muhrim performed the marriage contract for a couple who were both not in the state of ihraam, the marriage contract is invalid, and the man who performed the marriage contract must give a kaffaarah of a camel.
5. Masturbation
216.
Masturbation, which is seeking to ejaculate by means of hand or any other means, is forbidden [in general], and it is also one of the forbidden acts of ihraam.
217.
If a muhrim masturbated using his hands, his ruling is that of a muhrim who had sexual intercourse with his wife; in terms of the invalidity [of his rituals] and the obligation of completing [the rest of the rituals]. He must repeat it the same year if he was muhrim for the Mufradah Umrah, and in the following year if he was muhrim for the Hajj, etc.
218.
If a muhrim did not masturbate by his hands, but only by looking at a woman [who is not his wife], or by imagination, he is obliged to give a kaffaarah of a camel if he is well off, a cow if he is considered average, or a sheep if he is not well off. In this case his Hajj is not invalidated if he was muhrim for Hajj, nor is his Umrah if he was muhrim for Umrah.
6. Perfume
219.
It is forbidden for a muhrim to use perfume, such as Musk, Anber, Warce, saffron, etc. in all it types and applications, and as precaution all kinds of perfume and fragrant should be avoided.
220.
If a muhrim was compelled to perfume, he must block his nose. He must also do so if he bought it from the perfume seller, or sat next to an individual who was wearing perfume, etc.
221.
If any perfume fell on his garments, or on his body, he must remove it immediately by washing etc.
222.
There is no objection in eating flowers and herbs, fruits, medicine, etc. that are not normally considered as perfume, even if they had pleasant fragrant. The ultimate precaution in this case would be not to smell them.
223.
It is not permissible for a muhrim to block his nose when he comes across bad smells.
224.
The kaffaarah for using saffron, musk, anber, and warce whether smelling them or using them for eating or wearing, is a sheep. There is no kaffaarah for other kinds of perfume.
7. Wearing sewn clothing for men
225.
It is forbidden for male muhrims to wear sewn clothing, such as shirt, trousers, coat, cloak, or clothing with buttons or sleeves, etc. even if they were not sewn. It is also forbidden to wear shields, armour, or the malbad - worn by shepherds. All of these are forbidden for a muhrim unless compelled to do so, in which case it is permissible to do so, and as a precaution, should give a kaffaarah of a sheep. The restrictions mentioned here are not applicable to women.
226.
It is not permissible for male muhrim to tie as a knot his ihraam, but there is no objection to prick the ends together using a pin and such like.
227.
It is permissible for a muhrim to wear the following things, even though they are sewn:
1. thehemyaan
, a wide belt with built in pockets, to keep cash, valuables, etc.
2. belt,
3. hernia belt if needed, and it is permissible to tie it as a knot, as well as knotting the belt andhemyaan
if he wore one,
4. shoes, if they do not cover the top surface of the feet, although as a precaution one should refrain [from wearing them].
228.
It is permissible for women to wear sewn clothing in general. The exception is that women are not allowed to wear gloves.
229.
If a male muhrim wears sewn clothing knowingly and deliberately, he is liable to the kaffaarah of a sheep.
8. Wearing slippers and socks
230.
It is forbidden for the male muhrim to wear boots, slippers, socks, etc. that cover the feet. If he cannot find the Arabic slippers, it is permitted for him to wear those footwear that cover the feet provided, as a precaution, he tears off the front of the shoes such that feet are not covered.
231.
It is permitted for women to wear socks and such like, and as a mostahab precaution, [part of the] socks should be torn to prevent covering the feet.
232.
Polystyrene flippers that are not sewn and do not cover the feet are ideal for ihraam, and it is not necessary for them to be white coloured, any colour is permissible.
233.
There is no objection to the feet being covered by the ihraam garments, etc. when walking, sitting, or during sleep.
234.
The kaffaarah for wearing socks or slippers is a sheep if this was done out of choice. If he wore any of these, by tearing the front to reveal the feet, then there is no liability to kaffaarah.
9. Wearing kohl eyeliner
235.
It is forbidden for a muhrim [male or female] to wear black kohl eyeliner [make up for the eyes], even if one does not intend for beautification. As a precaution, wearing any kind of black kohl eyeliner should be avoided even if not intended for beautification. Wearing nonblack eyeliners is permissible if it is not intended for beautification.
236.
If one wore kohl, there is no kaffaarah to give, other than istighfaar, seeking forgiveness from Allah Almighty. It is recommended - mostahab - that he gives kaffaarah of a sheep.
10. Looking into mirrors
237.
It is forbidden for a muhrim to look in a mirror for the purpose of beautification / dressing up. If by doing so he does not seek beautification, like car driver looking in the mirror to watch what is behind him, then there is no objection to that.
238.
There is no objection to looking in clear water, and any other liquid or glass screen on cars that reflect the [image of the] body. Also there is no object to wearing spectacles if it is not intended for beautification or adornment.
239.
If a muhrim looked in a mirror for the purpose of dressing up, he is not liable to a kaffaarah, except istighfaar - seeking forgiveness from Allah Almighty - although it is recommended that he should then renew the talbiyah. See case # 166 for the declaration of talbiyah.
11. Fosuq
240.
It is forbidden to commit Fosuq, which is attributing lies, whether to Allah Almighty, the prophet salla-llahu-alayhi-wa-aalih, the Ma‘soom Imams alayhum-as-salam, or the people in general. So too is using swearwords, boasting about himself, humiliating and demeaning others, or using foul language.
241.
The kaffaarah of fosuq if istighfaar - seeking forgiveness from Allah Almighty, and his ihraam is not invalidated.
12. Arguing
242.
It is forbidden for a muhrim to engage in arguments, which is to swear by Allah - saying “la wallah” or “bala wallah” meaning “by Allah, No!” or “by Allah, Yes!” This is the case - i.e. forbidden - even in the absence of quarrelling, as a precaution. However, it is permissible to do so if it is [absolutely] necessary to prove the truth, or repel falsehood, or if it is to glorify [Allah, Rasulollah, and the Ahl-ul-Bayt] or show loyalty [to them].
243.
If, in the course of an argument, one swore twice on an issue and he was saying the truth, then he has committed a sin, and he is not obliged to give a kaffaarah except istighfaar, and if he swore three times or more, he is obliged to give a kaffaarah of a sheep.
244.
If, in the course of an argument, one swore once on an issue and he was lying, he is obliged to a kaffaarah of a sheep, and if he swore twice on a lie, he is obliged to kaffaarah of a cow, and if he swore three times on a lie, he is obliged to kaffaarah of a camel.
13. Killing of insects found on the body
245.
It is forbidden for a muhrim to kill the insects found on [his] body, such as lice, and as a precaution there is no difference between the processes in which they are killed, whether directly or indirectly, by means of [chemical] substance, or throwing it so that it would be prone to be killed. As a precaution, the same is applicable for moving the insect from one place to another such that it would be prone to fall off. If however, the insect does not form on one’s body, such as a flea or tick, then it is permissible to kill it. The tick may not be moved from the body of the camel, but it is permissible to move it from the body of the human or kill it.
246.
It is permissible to kill insects such as bug or flea, and such likes in the process of protecting oneself, although as a mostahab precaution one should avoid this, especially in the Haram.
247.
In the case of killing the insects found on the body, or throwing them off the body, the kaffaarah is a handful of food to give as charity to the poor.
14. Beautification
248.
It is forbidden for muhrim to engage in any act that constitutes beautification or adornment, such as wearing a ring. It is permissible to wear a khatam if it is intended as a Sunnah.
249.
It is forbidden for a woman in the state of ihraam to wear jewellery for the purpose of beautification, although what she normally or habitually wears before ihraam is not objectionable provided that it is not visible.
250.
There is no objection to wearing a watch in the state of ihraam if it is not intended for the purpose of adornment or beautification.
251.
The kaffaarah for beautification is a sheep, as a precaution, and no kaffaarah is applicable for wearing khatam.
15. Applying oil
252.
It is forbidden for a muhrim to use oil to apply to the body, or other body lotions, even if they do not have any scent or perfume. However, it is permissible if it was for a necessity or treatment.
253.
There is no kaffaarah for applying oil to the body except istighfaar, however, if this was deliberate, and out of choice and knowledge, it is recommended that a kaffaarah of a sheep is given.
16. Hair removal
254.
It is forbidden for a muhrim to remove any hair from his/her body or from someone else’s, even few strands of hair. The exception here is if there was a necessity such as [if the head of the person was] lice-ridden, severe headache [that could be eased by shaving the head], or if there was an annoying hair strand in the eye. In these cases hair removal is permissible, and it is obligatory to give a kaffaarah. There is no liability to a kaffaarah if one removed someone else’s hair, although it is not permissible for him to do so [to begin with] even if the other person is not in the state of ihraam.
255.
It is permissible for a muhrim to scratch his body, provided he takes care the hair is not removed because of the scratching.
256.
There is no objection if some hair unintentionally falls in the process of wudhu or Ghusl, when one normally runs his fingers through the hair, as necessary. However, if this went beyond the norm, then it would be objectionable, and as a precaution one should give a kaffaarah of two handfuls of food.
257.
If, because of a necessity, a muhrim shaves his head, he is liable to kaffaarah of a sheep, or three days’ fasting, or feeding six poor people the amount of two modd of wheat each. Also if he shaved his head without a necessity, he has the choice between them, although it is recommended, as a precaution, to give a kaffaarah of a sheep.
258.
If a muhrim shaved other than his head, knowingly and deliberately, whether the shaving is permitted outside ihraam or not - such as shaving the beard - as a precaution his kaffaarah is a sheep.
17. Henna
259.
The use of Henna during ihraam is forbidden as a precaution, and it is preferable to avoid it (Henna) before ihraam, if any traces still remain at the time of ihraam. It is preferable to avoid anything that contradicts the muhrim to be dishevelled and dust-covered.
18. Covering the head - for men
260.
It is forbidden for a male muhrim to cover his head, which is defined as the hair growing area and the ears. The prohibition applies whether the head is covered fully or partially, and regardless of the kind of cover used; if it touches the head, even mud or henna. Also it is not permitted for him to submerge in water or in any other liquid, or to carry anything on the head, if it meant that it covers the head, as a precaution.
261.
It is permitted to cover the head with part of the body such as the hand, and also it is permitted to wipe the hand on the head when performing wudhu, or when pouring water over the head during Ghusl, etc. as this is not regarded as covering [the head].
262.
It is permitted for a muhrim to sleep even if this constitutes part of his head being covered due to its contact with the ground [or pillow]. It is also permitted for him to pour water over his head or stand below the showerhead for [the purpose of] washing, etc. it is also permitted for him to scratch his head if he was sure that any hair would not fall [as a result].
263.
If due to lapse and oversight he covered his head, he is not liable to anything, but must remove the cover as soon as he realises his oversight.
264.
The kaffaarah of covering the head is a sheep, and a kaffaarah is liable each time the head is covered.
19. Women face covering
265.
While in the state of ihraam, it is forbidden for a woman to cover her face with the cover [she normally wears] such that it touches her face, even when asleep.
266.
It is permitted for female muhrim to sleep even if this constitutes part of her face being covered by coming in contact with the ground or [the pillow]. It is also permitted for her to cover her face with a veil such that it is distant from her face. It is permitted for her to cover her face with hands. It is also permitted for her to wear her aba, and cover her face provided the face cover is kept away from her face. It is also permitted if part of her face [i.e. he forehead] is covered, if this is in aid of covering the head as required for the daily obligatory prayers.
267.
The kaffaarah for a woman covering her face is a sheep.
20. Sheltering in shade - for men
268.
It is forbidden for a male muhrim to seek shelter in the shade while on the move, whether on foot or during a ride, like using an umbrella or riding in a roofed vehicle. As a mostahab precaution, he should avoid seeking shelter on either side of his body, even though it is permissible to walk in the shadow of a vehicle or anything provided that it would not be over his head, and it is permissible to use one’s bare hands as a protection from the sun.
269.
On the basis of what can be derived from the hadith, there is no distinguishing between day and night in so far as the prohibition of the seeking shelter is concerned, thus it is not permissible to seek shelter during the night.
270.
It is permissible for a muhrim, while on the move, to pass underneath a bridge or go through a tunnel, and it is permissible to declare and assume ihraam under the roof of Masgid al-Shajarah, as mentioned earlier.
271.
It is permissible for a muhrim to seek shelter under a roof, if he stopped his journey for a rest between the miqaat and Makkah, like going to the motorway restaurants, or if he needed to go to offices to organise his travel schedule, etc. and as a recommended precaution, he should avoid using umbrella.
272.
It is permissible to seek shelter from the sun even with an umbrella once in the holy city of Makkah, and there is no difference in this respect between old and new Makkah. This is also applicable once in Arafaat and Mina, and if one who is in Mina, wished to go to the slaughter place or to the Jamaraat.
273.
It is permissible for one who declares and assumes ihraam from the mosque of al-Tan‘eem mosque for the Mufradah Umrah to ride a roofed car, for these days the mosque in question is considered to be inside the holy city of Makkah.
274.
It is permissible to seek shelter in necessity, like when it is extremely hot or cold, or when it is raining - if it is likely to harm him, but he must give kaffaarah.
275.
In general sheltering is permissible for women and children, with no liability to kaffaarah.
276.
A male guide for the women pilgrims who needs to be with them, he is permitted to ride a roofed vehicle with them, so too is the driver who fears for his car if he left it, and in both of these cases, they [the guide and car driver] are liable to kaffaarah.
277.
If no cars are available for the pilgrim other than the roofed cars, or if he cannot ride cars but the roofed ones - due to an illness say - then it is permitted for him to ride the roofed ones, but he is liable to a kaffaarah.
278.
The narrow crossbars of roofless cars do not provide shelter, [and therefore the shade that they produce does not constitute shelter].
279.
Whenever he was compelled to seek shelter, he is liable to a kaffaarah, and during one ihraam, it is sufficient to give one kaffaarah for more than one occasion of shelter seeking. However, as a mostahab precaution, he should give a separate kaffaarah for each day.
280.
The kaffaarah for seeking shelter is a sheep, and it is permitted for him to slaughter it in his home country.
21. Causing bleeding
281.
It is forbidden for a muhrim to cause [any part of] his body to bleed, by any means, whether by venesection, or hijamah (cupping or bloodletting), or while brushing the teeth, or scratching, etc. unless it is for a necessity. Some of the circumstances of necessity are itchy skin disorders that are associated with scratching, cutting open and squeezing a boil or sore, if leaving them unattended by not scratching or cutting them would hurt him.
282.
The kaffaarah for causing bleeding unnecessarily is a sheep, and if he were compelled, he would not be liable to a kaffaarah.
22. Clipping fingernails
283.
Fingernail clipping is forbidden for a muhrim even if it is to clip one fingernail, or part of, unless [the particular fingernail] is hurting him, for example if part of the nail was broken, or if the finger needed to be treated, and this required the nail to be clipped.
284.
The kaffaarah for clipping each fingernail is one modd of food, and that for all of one’s fingers only a sheep, and so too for one’s toes only. If the clipping of all fingers and toes was done in one session, then the kaffaarah is one sheep, but if the fingernails were clipped in one session, and the toenails in another, then the kaffaarah is two sheep. All of this is applicable if it was done knowingly and deliberately.
23. Pulling a tooth
285.
It is forbidden for a muhrim to pull a tooth if it were to bleed, and the kaffaarah is a sheep, however, if one was compelled to do so, it is permissible and one is not liable to a kaffaarah.
24. Wearing of arms
286.
It is forbidden for muhrim to wear arms, such as sword, dagger, pistol, rifle, and such like that is considered a weapon, and one who is carrying it is considered armed. However, if one is not considered armed, such as carrying a small knife that a pilgrim might need for his personal use, then there is no objection to it. As a precaution, a weapon must not be carried overtly even if it is not being worn.
287.
The kaffaarah for wearing arms out of choice is a sheep as a mostahab precaution.
25. Uprooting the plants of the Haram
288.
It is forbidden for a muhrim to cut or uproot anything that grows in the Haram, whether or not s/he was in the state of ihraam, or s/he was performing Hajj or Umrah, etc.
289.
The exceptions from the above ruling are:
• al-Edhkher (lemon grass), which is a famous herb,
• date palm,
• fruit trees,
• anything that one has planted himself,
• the plant that had grown in his house or property, if it grew after moving in.
290.
The kaffaarah for uprooting a large tree is a cow, and for a small tree is a sheep, and if it was part of the tree, [then the kaffaarah] is the price of that [part], and that for grass is istighfaar. All of this is applicable if it was done knowingly and deliberately. However, if it was done in ignorance, or due to oversight etc. then one is not liable to anything.
Miscellaneous
291.
Whatever kaffaarah becomes obligatory for him during the ihraam of Umrah, he should slaughter in Makkah, and whatever kaffaarah becomes obligatory for him during the ihraam of Hajj, he should slaughter in Mina, and give it to the poor of the faithful, or send it to their representative(s). If this was not possible, since there were no destitute, nor their representative, in that case one has the choice of slaughtering in Makkah / Mina or doing so back in his homeland and distributing it between the poor and needy.
292.
If one committed an act, which is liable to a kaffaarah while ignorant of the ruling, then he is not liable to a kaffaarah. The same is applicable if this was due to an oversight, except in hunting. As for hunting, the kaffaarah is applicable if an act requiring it was committed, regardless of this being in ignorance, oversight or deliberate.
293.
If one of the forbidden acts of ihraam occurred coercively, then the muhrim is not liable to anything, such as when someone else forcefully sheltered him, or covered his head.
294.
In every case when he was liable to a sheep, he could if he wished offer a goat instead.
Limits of the Haram
295.
The Haram encompasses the holy city of Makkah from all sides, and it is an area of about 500 square kilometres.
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Author: Ayatullah Seyyed Muhammad Sadiq Shirazi
