THE PILGRIMAGE OF ISLAM
ENCOMPASSING THE FIVE SCHOOLS OF LAW
By: Shaykh Fadhlalla Haeri

Chapter 4
The Pilgrimage Today

The Pilgrimage is the most complex devotional, social, political, and cultural act in Islam. It contains many elements that occur in a difficult environment, for when millions of people gather together in a limited space and time, and attempt to perform the same rites, a large number of extraordinary situations occur that need clarification.  The five schools of Islamic law have all made rulings on how each rite of the Pilgrimage should be performed and have commented extensively upon situations outside the norm.

In the following narrative, we have provided a summary of the rites of the Lesser and Greater Pilgrimages according to the Five Schools in five sections which will provide extended comparative treatises.  Before embarking on this journey through the pathways of the Islamic legal system, we must remind those who are familiar with Islamic law (and inform those who are not) that the purpose of Islam is none other than the perfection of the human creature in inward knowledge and outward action.  Islamic law provides the framework for a very defined course of action, and the purpose of this detailed structure is to avoid gaps open for assumption and uncertainty.

The outward structure of the law, when combined with faith, love and the search for inward meaning, transforms and elevates the ordinary human creature.  He discovers a state of  ‘original nature’, which indicates the self that acts consciously and submissively as a focus for the manifestation of divine attributes.  The outward, restrictive structure of the law is transmuted to its opposite: unbounded, ecstatic inner freedom.  This is the state of the true slave of God.

A.      General Conditions and Other Issues

The Pilgrimage of Islam is based upon certain conditions which must be established before its performance is considered obligatory for a Muslim.  These conditions include maturity, sanity and capability, as well as some other important factors which we will discuss under the headings of: Immediacy; Women and the Pilgrimage; Grants; Marriage, Tax and Alms.

Maturity

The Pilgrimage is not obligatory for a minor, whether he has a discerning intellect or not.  If a youngster does perform the Pilgrimage, it is valid only as a sign of devotion, and he must perform it again after attaining puberty and is capable of performing it.  All five Schools of Islamic law – the Hanafi, Maliki, Shafi‘i, Hanbali and Ja‘fari – agree upon this point, provided that the minor does not attain maturity before reaching ‘Arafat.

The parent or guardian who  accompanies  the  youngster  should dress him in the necessary  two pieces of seamless cloth and inform him what the pilgrim is required to say, if the child is capable of doing it properly; otherwise, the parent or guardian may do it on his behalf.  The parent or guardian should also instruct the child on what must be abstained from while on Pilgrimage, and should encourage him to do all those things which he can do by himself.  He should  perform on the child’s behalf only those things which the child cannot do himself.

The Ja‘faris (or Shi‘is), Hanbalis and Shafi‘is maintain that when a minor attains maturity (i.e. puberty) before reaching ‘Arafat, he is then considered to be performing the obligatory Pilgrimage of Islam.  The Ja‘faris and Malikis, however, hold that the pilgrim’s garment must be renewed at an appropriate place.  If this is not done, the Pilgrimage is not valid as the Pilgrimage of Islam.

Sanity

An insane person is not subject to legal accountability, and if he performs the Pilgrimage in this state, it is not acceptable.  He  must perform the obligation of the Pilgrimage when he regains sanity.  If his periods of sanity and insanity alternate, and he maintains a state of sanity long enough to perform the Pilgrimage with all its requirements and conditions, its obligation is considered to be fulfilled.  If, however, the duration of his state of sanity is not sufficient for all the acts of the Pilgrimage to be performed, the obligations are not considered fulfilled.

Capability

God says in the Qur`an,

Whoever is capable, upon him the journey is obligatory. (3:97)

Capability refers to sustenance and conveyance.  The latter implies the cost of the journey (to and from Makkah), while the former denotes the money a person needs for the journey, that is, for eating, drinking, passport fees, rent for a place to stay and other expenses, according to one’s condition and status.  The funds needed to meet these expenses must be over and above one’s debts (if one has any), the sustenance of one’s family, and whatever one needs to continue his livelihood, such as seed for cultivation, tools for industry and capital for trade, without compromising the security of one’s safety, life, property and honor.  No one has differed from this view except the Malikis, who hold that the Pilgrimage is obligatory on whomever is able to walk; and a man need not leave sustenance for his wife and children, regarding it as obligatory for one to sell whatever is necessary, such as one’s land, cattle, instruments, even books and clothes, in order to make the journey.

There is a difference of opinion as to whether someone who performs the Pilgrimage without capability be relieved of the obligation of the Pilgrimage.  Malikis and Hanafis say that if such a person later becomes capable, he is not obliged to repeat the Pilgrimage.  The Ja‘faris, however, hold that the Pilgrimage is still obligatory for him because he did not fulfil the condition which preceded it.

Capability through Proximity to Makkah

A person who travels to a place near Makkah for business or some other purpose and remains there until the time of the Pilgrimage becomes capable if it is possible for him to go.  If he returns home without having performed the Pilgrimage, it remains an obligation upon him, whether he has the capability or not, according to all the Schools of Law.

Immediacy

The Ja‘faris, Malikis and Hanbalis maintain that the Pilgrimage becomes obligatory immediately its conditions are fulfilled, and delay is not permissible after the first moment of capability.  If one delays, one has committed a wrong action, although the Pilgrimage would still be valid and fulfilled if it were performed after it was due.

Immediacy implies that one should be prompt in performing the Pilgrimage during the first year of capability, otherwise it should be done during the following year – to delay is disobedient.  The Shafi‘is, however, say that the Pilgrimage is obligatory according to convenience, not according to the immediacy of capability, and thus it is permissible to postpone it to any time one desires.

Women and the Pilgrimage

All the Schools of Law agree that a husband’s permission is not a condition for a woman to perform the Pilgrimage, nor is it permissible for him to prevent her from doing so.  However, they differ in regard to a woman who has neither a husband nor a lawful companion to accompany her.  The Ja‘faris, Malikis and Shafi‘is maintain that a lawful companion or husband is not a condition, whether the woman be  young or old, married or unmarried, because a lawful companion is a means of protection not required for the Pilgrimage itself.  In the past, when the journey was long and dangerous, there was a need for such a companion; today, however, travelling is safe and well organized and people’s lives and property are protected.

The Hanbalis and Hanafis hold that it is a condition for the woman – whether young or old – to be accompanied by a lawful companion and it is not permissible for her to perform the Pilgrimage without him.  In fact, the Hanafis also impose the condition that there be a distance of three days’ journey between Makkah and the place the woman lives.  This condition rarely applies in our time, however, because of the advanced technology of travel.

Grants

The Hanbalis assert that if a person grants money to another person, the latter would not necessarily attain capability to make the Pilgrimage, because it is not obligatory for him to accept the grant.  The Shafi‘is hold that if a person’s son gives him a grant which is enough for the Pilgrimage, then the Pilgrimage becomes obligatory for him, because no obligation is attached to the grant.

The Ja‘faris say that if someone grants money to another as a gift without stipulating that he must use the money to perform the Pilgrimage, its performance does not become obligatory, no matter who makes the grant.  If, however, the person makes the grant to another on the condition that he perform the Pilgrimage, then it becomes obligatory for him to accept the grant: he must not refuse it even though the person making the grant be a stranger to him.  In this case, he becomes capable of performing the Pilgrimage.

Marriage

The Hanafis hold that if a person has only enough money for either the performance of the Pilgrimage or for marriage, he should give the Pilgrimage precedence.  The Shafi‘is, Hanbalis and Ja‘faris say that marriage takes precedence where there would be distress and hardship in delaying it.

Payment of Tax and Alms

Both take precedence over the Pilgrimage, and therefore capability is determined only after these obligations are completely fulfilled, like any other debts.

B.      Performance by Proxy (niyabah)

On the basis of a person being physically or financially capable, the devotional acts of Islam are divided into three classes:

1. Purely physical acts of worship which have nothing to do with property, such as fasting and prayer.  The Hanafis, Malikis, Shafi‘is and Hanbalis maintain that this class does not allow any proxy performance, either on behalf of the dead or the living; while the Ja‘faris hold that it is acceptable on behalf of the dead only.
    

2. Purely financial acts of worship that have nothing to do with the body, such as tax and alms.  Proxy performance is acceptable by all the Schools of Law for this category. Thus, it is possible for someone to appoint an agent to pay the alms on his property and to make any other charitable payments.
    

3. Both physical and financial acts of worship, such as the Pilgrimage, which involves physical capability as well as financial means for the expenses of the journey and its requirements.  All  Schools of Law agree that one who is able to perform the Pilgrimage, with the preliminary conditions fulfilled, must do so immediately, and it is not permissible for him to appoint a proxy.  In this case, if a person appoints a proxy, it does not absolve him of his own obligation.  According to the Shafi‘is, Hanbalis and Ja‘faris, he is not absolved of the obligation even by death, in which event it is obligatory that someone be hired to make the Pilgrimage on his behalf.  In the case where no will is made, payment should be taken for this purpose from the principal property left by him.  The Hanafis and Malikis, however, say that he is absolved of the physical aspect of the Pilgrimage.  If he has mentioned it in his will, the expenses may be taken from the principal property from which other bequests are taken.  If he made no mention of it, then proxy performance is not obligatory.

The Capable but Disabled

A person who satisfies all the material conditions for the Pilgrimage but is unable to perform it himself because of some disability or sickness from which he does not expect to recover, is exempted from performing it personally.  All the Schools of Law agree upon this, for Allah says:

He has not imposed hardship on you in religion. (22:78)

He must, however, hire someone to act on his behalf, according to all the Schools except the Malikis.  They say that the Pilgrimage is not obligatory for anyone who is incapable of personally making the journey.

If the disabled or sick person recovers after deputing someone to perform the Pilgrimage for him, the Hanbalis hold that another Pilgrimage is not obligatory for him.  The Ja‘faris, Shafi‘is and Hanafis, however, say that it is obligatory because only the financial obligation was fulfilled, whereas the physical obligation is still outstanding.

Non-Obligatory Pilgrimage Performed by Proxy

According to the Hanafis and Ja‘faris a person who has performed the obligatory pilgrimage, and then desires to hire or depute a proxy for another Pilgrimage (to win God’s good pleasure) may do so even though he be able to make the journey himself. The Shafi‘is say this is not permissible, while the Hanbalis have two versions, one in favour of it and one against it.

The Malikis hold that it is permissible (but not desirable) for a sick person who has no hope of recovery, and who has performed the obligatory Pilgrimage, to hire someone else to undertake a voluntary Pilgrimage.  Such a Pilgrimage would not be to the credit of the hirer, but would be a commendable act for the person hired.  The one who hires receives the reward for giving assistance to the one hired, as well as the blessing of his worship.

Conditions for a Proxy

The conditions for being a proxy are maturity, sanity, belief in Islam and the ability to perform the Pilgrimage properly.  The Shafi‘is and Hanbalis say that if a person who has not performed the Pilgrimage does it on behalf of someone else, it is credited to his own account, while the Malikis, Hanafis and Ja‘faris hold that it is credited according to his intention.  A man may act as a proxy for a woman, or a woman for a man.

According to the Hanafis and Malikis, the proxy should undertake the Pilgrimage by starting out from the town where the dead person resided, if the person whom he represents did not specify where he should start; otherwise, he should abide by what was specified.  The Shafi‘is hold that the focus lies on those places outside the Sacred Precinct which are designated as starting-points (miqat).  If a particular point has been specified, it must be adhered to; otherwise, the person hired may adopt any point he likes.  According to the Hanbalis, it is obligatory for the substitute to begin from the place in which the deceased person would be obliged to start if he had performed the Pilgrimage himself, not from the place where he died.  Thus, if the deceased attained capability for the Pilgrimage in a foreign country, and afterwards returned to his own town and died there, the Pilgrimage should be performed on his behalf from that foreign country rather than from his homeland, except when the distance between the foreign country and his homeland is less than that which is necessary for shortening the prayer.

According to the Ja‘faris, the Pilgrimage may start at either the place of abode of the deceased person or the designated points outside Makkah.  If the person on whose behalf the Pilgrimage is being performed specified a particular point, then it should be done as specified.  If he did not, then the nearest designated point suffices.

Delay in Proxy Performance

When a person has been hired to perform the Pilgrimage, it is obligatory for him to do so as soon as possible: it is not permissible for him to postpone the Pilgrimage to another year, nor may he appoint another proxy for himself.  If it be not known for certain whether the proxy has made the Pilgrimage and performed the rites, the Pilgrimage is presumed not to have been performed until proven otherwise.  If the proxy be known to have made the Pilgrimage and performed the rites, but there is doubt as to whether he did them correctly, or he is thought to have left out some of the obligatory acts, his performance is still presumed correct unless and until proven otherwise.

Deviation

According to the Hanafis and the Ja‘faris, when the person appointing a proxy specifies a particular kind of Pilgrimage, it is not permissible to deviate from it.  If, however, he specifies that the Pilgrimage begin from a particular town, and the substitute commences it from another town, the Pilgrimage is still considered to have been performed, because the adoption of a way is not the goal itself.  The real goal is the Pilgrimage proper, which in this case has been fulfilled.

C.      The Pilgrim’s Garb (ihram)

The pilgrim’s garb, called ihram in Arabic, is an obligatory part of both the Lesser and Greater Pilgrimages, constituting in either case the first obligatory act.  There is a consensus of opinion between all the Schools of Islamic law on these points. The act of donning the pilgrimage garb, however, is more than the mere assumption of specified clothing: ihram refers to a state of consecration. Derived linguistically from the root word: haruma, meaning to be forbidden (hence also haram), it also  denotes sanctity and inviolability (hence haram meaning sacred, masjid al-haram meaning the Sacred or Holy Mosque, and harim meaning an inviolable place, such as a sanctuary, as well as a collective term for the womenfolk of family).  Ihram must therefore be understood in this light: that while in this state of ritual consecration one has ‘forbidden’ oneself the usual worldly concerns, pursuits and pleasures in order to be purely available for the sacred. A variety of attendant circumstances accompanies the act of donning the pilgrim’s garment, as well as a number of prohibitions, as explained below.

Places for Assuming the Pilgrim’s Garment

There is a specific point at which the pilgrim’s garment must be donned, depending upon the direction from which one approaches Makkah.  For instance, if the pilgrim travels from Madinah, he dons the garment at Dhu ’l-Hulayfah.  If one comes from Yemen, one dons the garment at Yalamlam.  In addition to these two points, there are ten other well-known places.  Any one whose route does not pass by one of these points must don his garment at any point lying on a straight line between two of the known ones.

For a person whose residence lies within these boundaries, the place to don the garment is his own home; for a person who lives in Makkah, the place is Makkah itself as mentioned above. According to the Ja‘faris, the places for putting on the garment for the separate Lesser Pilgrimage are the same as those for the Greater Pilgrimage.

Assuming the Pilgrim’s Garb before Reaching the Designated Places

The Hanafis, Malikis, Shafi‘is and Hanbalis agree that it is lawful to don the garment before reaching one of the designated places.  They differ, however, as to which is better.  The Malikis and Hanbalis maintain that putting on the garment at the designated place is better; the Hanafis say that it is best to dons the garment in one's own town; while the Shafi‘is are divided between these two opinions.  The Ja‘faris maintain that wearing the garment is not permissible before the designated place is reached, except in the case of someone who intends to perform the Lesser Pilgrimage in the month of Rajab, and fears that if he delays putting on the garment until he reaches the designated place, that month would have passed.

Donning the Pilgrim's Garb after the Designated Places

All Schools of Law agree that crossing the boundary of the designated places without having put on the pilgrim’s garment is not permissible.  The Hanafi, Maliki, Shafi‘i and Hanbali schools maintain that if one does so and not return, his Pilgrimage would still be valid, but it would be necessary for him to make a compensatory sacrifice.  If there were no excuse for not returning, he has committed a wrong action.  If there be some excuse, such as shortage of time, he is not accountable for a wrong action committed.  According to the Ja‘faris, if a person does not intentionally adopt the pilgrim’s garment at a designated place when he intends to perform the Lesser or Greater Pilgrimage, and he fails to return to a designated place in order to do so, then both his donning the garment and his Pilgrimage are invalid, whether he has an excuse or not.

Assuming the Garment before the Months of Pilgrimage

The Ja‘faris and the Shafi‘is maintain that if a person adopts the pilgrim’s garment for the Greater Pilgrimage before the months of the Greater Pilgrimage, the action is invalid.  The Hanafis, Malikis and Hanbalis assert that it is valid, although not a correct action.

The Pilgrim's Garment Necessary for Entry to Makkah

According to the Ja‘faris, if a person intends to enter Makkah it is not lawful for him to proceed beyond the designated points for assuming the pilgrim’s garment, nor to enter its sacred area, without adopting the pilgrim’s garment.  This is the case even though he has already performed the Lesser and Greater Pilgrimages several times.  The only exception to this is if he has entered Makkah in the pilgrim’s garb, then leaves and enters a second time before thirty days have elapsed.  The pilgrim’s garb bears the same relationship to entering Makkah as the ritual ablution does to touching the Holy Qur`an.

The Hanafis say that a person who is outside the designated boundaries of the sacred sanctuary must adopt the pilgrim’s garment before approaching the Ka‘bah, while someone who is within the boundaries may enter the Sacred Mosque without the garment.  The Malikis do not hold this view, and the Shafi‘is have two views on the matter, one in accordance and the other in opposition.

Commendable Acts

All the schools of law  concur in  that  for  a  person  who  intends  to adopt the pilgrim’s garment, it is commendable to have a clean body, to trim one’s nails and moustache, to remove the hair from one’s lower abdomen and armpits and to perform the ritual bath.  This is true even for a woman who is in a state of menstruation or postpartum bleeding.

The Hanafis and Malikis say that if water be not available and one be in the state of major ritual impurity, the ritual bath as a prerequisite may be omitted.  Purification with earth is not done, because it is not lawful as a substitute.  The Hanbalis and Shafi‘is, however, hold that purification with earth is a substitute.  The Ja‘faris have different views among themselves, some of them allowing it as a substitute while others do not.  In either case, purification from major ritual impurity is not a pre-condition for assuming the pilgrim’s garment.

The Shafi‘is, Hanafis and Hanbalis maintain that shaving the head before putting on the pilgrim’s garment is commendable.  The Ja‘faris say that one should allow the hair of the head to grow from the beginning of the month of Dhu ’l-Qa‘dah.

The Hanafis maintain that it is commendable for a person, who has the intention of adopting the pilgrim’s garment to perfume the body and clothes with scent, whose smell may remain even though the substance does not.  According to the Shafi‘is, perfuming the body after the ritual bath is commendable, except for someone who is fasting, as is perfuming the clothes.  The Hanbalis, however, maintain that one may perfume the body, but perfuming the clothes is improper.  It is important to note that perfuming the body and clothes for these four schools relates to the commendability of the action with regard to putting on the pilgrim’s garment.  As we shall note later, the use of perfume while wearing the pilgrim’s garment is prohibited by all the schools.

The Hanafis, Malikis and Shafi‘is maintain that it is commendable for the pilgrim to pray two cycles before putting on the pilgrim’s garment.  The Ja‘faris, however, maintain that it is preferable to don it after the afternoon prayer or some other obligatory prayer, following which one should pray at least two cycles of prayer, if not four or six.

D.      Obligatory Acts of Pilgrimage

There are three obligatory acts of pilgrimage: intention (niyyah) of pilgrimage, the call to God’s service (talbiyyah), and donning the pilgrim’s garment (ihram).  There are some differences among the Schools of Law in regard to these actions.

Intention (niyyah)

No wilful action is possible without intention, so intention is necessary here.  The point under discussion is whether a person who performs the Pilgrimage can enter the state of ihram by mere intention, or must add something else as well.  If a person adopted the pilgrim’s garment in a distracted or absent-minded state, without prior intention, his ihram would be invalid.

According to the Hanafis a person does not lawfully enter into the state of ihram by intention alone, but must also repeat the appropriate call to service for his ihram to be valid.  The Shafi‘is, Ja‘faris and Hanbalis maintain that the ihram comes about merely by intention.

The Ja‘faris maintain that it is obligatory for the intention to be close to the commencement of entering the state of ihram; it is not enough to perform the intention anytime during its process.  Also, one must clearly specify whether the ihram is for the Lesser Pilgrimage or a certain kind of Greater Pilgrimage, whether the Lesser or Greater Pilgrimage to be performed be obligatory or voluntary, and whether it be for himself or on behalf of  another.  If one make the intention without specifying these points, and then delays specifying them until a later stage, the intention is null and void.

According to the Hanbalis it is commendable for one to specify for what purpose one is adopting the ihram; the Malikis say the same.  The Shafi‘is hold that if one put on the garment out of devotion, without any particular specification, the intention is still valid.  After this, one may specify any act of devotion one chooses.

The Call to God's Service (talbiyyah)

All the schools agree that this is a proper  action  at  the  time  of assuming the pilgrim’s garment, but they differ as to whether it be obligatory or commendable, and at what specific time it should be done.

According to the Shafi‘is and Hanbalis, it is Prophetic practice, and it is commendable but not obligatory to join it to the ihram.  Therefore, if one make the intention for the ihram but not the call, the action nevertheless remains still valid.  The Ja‘faris, Hanafis and Malikis maintain that the call is obligatory, but they differ over details: the Hanafis maintain that bringing the victim of sacrifice may take its place, while the Malikis maintain that there may be a long gap between the call and assuming the state of ihram, and that it may even be left out entirely, but whoever omits it must offer a sacrifice.  The Ja‘faris maintain that without the call, the pilgrim’s ihram is not valid for either the Lesser or Greater Pilgrimages, except the Greater Pilgrimage in which the pilgrim brings the victim of sacrifice.  This type of Pilgrimage is, however, seldom performed nowadays.

The Formulation of the Call

The English translation of the call is as follows:

            At your service, O Lord, at Your service.  There is no associate with You.  The Praise and blessing are Yours, as well as the sovereignty - with You there is no associate.

All the Schools agree that ritual purity is not a precondition for the call.  It is commendable to continue repeating the call until the last pillar is lapidated at Mina; and it is commendable for men to say it in a loud voice, except in the mosques where Friday prayer is held, particularly in the Mosque of ‘Arafat.  Women should make the call more quietly.

According to the Ja‘faris it is commendable for one to declare it as soon as sighting the houses of Makkah.  As for women, they should say it to themselves only so loud as someone close to them would hear.  It is also commendable at the same time to invoke blessings on the Prophet and his family.

The Pilgrim’s Garment

According to the Hanafis, the pilgrim’s garment is merely commendable.  It consists of a waist-wrapper and mantle: the waistwrapper is a cloth that covers the wearer from the navel to the knee, while the mantle is that which remains on the back, chest and shoulders.  According to the Malikis, it is commendable for one to wear a waist-wrapper, mantle and sandals.  There is no harm in the pilgrim wearing something other than the mantle and waist-wrapper, so long as it is seamless and does not wrap completely around the limbs.  The Hanbalis maintain that it is commendable for one to wear a new, neat, white waist-wrapper and mantle, as well as sandals.  The Shafi‘is hold that one should wear a waist-wrapper and mantle, both white and new, or at least washed.

According to the Ja‘faris, the waist-wrapper and mantle are not just commendable but obligatory, and it is commendable for them to be of white cotton.  It is lawful for a person in the pilgrim's garment to wear more than two pieces of cloth, provided all are seamless.  Similarly, it is lawful for one to change the cloth, but according to the Ja‘faris it is preferable for him to perform the circumambulation with the same two pieces of cloth he adopted in the beginning.  All the conditions governing dress for prayer apply equally to the pilgrim.  For example, it must be free of impurities, and should not be made of silk in the case of men, nor of the skin of an animal whose flesh is not halal.  A group of Ja‘fari scholars say that it is not lawful for the garment to be made of any skin.

The difference of opinion amongst the five schools in regard to the pilgrim’s garment is very slight; thus it is safe to say that whatever is permissible according to the Ja‘faris is also permissible according to the other four schools of law.

Acts Forbidden during Ihram

Stitched Clothes, Shoes and Finger-rings

All the schools of law agree that it is not lawful for a man in the state of ihram to put on either stitched cloth, cloth that requires buttoning, or a shirt or trousers.  According to the Shafi‘is and Hanbalis, it is lawful for a man to cover his face.  It is not lawful for him to wear shoes except when sandals are not available, in which case he may put on shoes after they have been cut open around the heels. (A sandal is defined as that which has a sole but no ankles or sides, nor anything to cover the upper part of the feet, while a shoe is defined as that which covers the ankles and sides of the feet.) According to the Ja‘faris when a person wears stitched clothes inadvertently or because of ignorance nothing is incumbent on him; however, any one wearing them by intention in order to avoid heat or cold must offer a sheep as sacrifice.  They also maintain that wearing rings on the fingers as an adornment is not lawful, although if worn for other purposes it is so.  Similarly, it is not lawful for a woman to wear jewellery for the sake of adornment.

Covering the Head and Face

All the schools agree that a man should not cover his head, and all but the Hanafis and Shafi‘is concur that he should also refrain from covering his face.  A woman should cover her head and keep her face uncovered, unless there be a risk of men looking at her with interest.  It is not lawful for her to wear gloves or mittens, but she may wear silk, as well as shoes.  The Hanafis maintain that it is lawful for her to wear gloves.  The Malikis and the Ja‘faris also maintain that it is not lawful for one to immerse oneself in water so that one’s head is completely submerged.  It is lawful to wash the head or pour water over it according to all except the Malikis, who say that it is not lawful for a person in the pilgrim’s garment to wash off dirt save from the hands.  The Ja‘faris and the Shafi‘is say that should one covers one’s head inadvertently, no atonement is necessary, while the Hanafis maintain that a recompense is due from him.

Marriage

According to the Ja‘faris, Shafi‘is,  Malikis  and  Hanbalis  it  is not permissible for a person in a state of ihram to enter into a contract of marriage for himself, act as an agent for anyone else, or assign anyone else as his agent in such an affair; and if he does so the contract will not be binding.  The Ja‘faris maintain in addition that it is not permissible for one to serve as a witness to a marriage.  The Hanafis, however, maintain that a contract for marriage is permissible and valid.

The Hanafis, Malikis, Shafi‘is and Ja‘faris maintain that it is permissible for a person in ihram to renew a marriage with his divorced wife during her legally prescribed period of waiting.  The Hanbalis hold that it is not permissible.

According to the Ja‘faris, if a person in ihram enters into a contract for marriage while aware of the prohibition, the woman or man they are marrying becomes unlawful to that person forever as soon as the contract is complete, even though the marriage be not consummated.  If, however, the person were ignorant of the prohibition, this would not apply, even though the marriage had been consummated.

Sexual Activity

All the schools of law agree that it is not permissible for a person in a state of ihram to engage in any kind of sexual activity.  If a pilgrim had intercourse with his wife before lawfully leaving the state of ihram his Pilgrimage would be rendered void.  He must continue with the Pilgrimage until its completion and then perform the Pilgrimage afresh the next year.  During this new Pilgrimage the couple must remain apart from each other.  This condition is obligatory according to the Ja‘faris, Malikis and Hanbalis, and commendable according to the Shafi‘is and Hanafis.

The Ja‘faris hold that this separation refers to the house in which the event occurred during the previous Pilgrimage, and means that the couple should not be left alone.  When they are together there should be a third person present, so that any repetition of the same mistake may be prevented.  In addition to the new Pilgrimage, the Ja‘faris, Malikis, Shafi‘is and Hanbalis maintain that it is obligatory for one to sacrifice a camel for having spoilt one’s Pilgrimage.  Hanafis say that a sheep is sufficient.

If the wife took part willingly in the sexual act, her Pilgrimage would likewise be  void, and she must offer a camel or a cow as a compensatory sacrifice besides performing a fresh Pilgrimage the following year.  If the action were against her consent, nothing is incumbent on her and her husband would have to sacrifice two camels, one for himself and the other for her.  If she were out of ihram while her husband was in it, no recompense would be expected of her.

All schools agree that if one has intercourse after the sacrifice but before the final circumambulation, one’s Pilgrimage is not voided, nor is a new Pilgrimage necessary;  however, according to the Ja‘faris, Hanafis and Shafi‘is (in one of two versions) a camel must be sacrificed.  The Malikis maintain that a goat or sheep suffices as an expiation.

If a pilgrim kissed his wife while in ihram but did not discharge semen, his Pilgrimage would not be void, according to all the schools of law;  however, the Hanafis, Malikis, Shafi‘is, and Hanbalis maintain that he should offer a sacrifice of at least one goat or sheep.  The Ja‘faris say that if he kissed her while sexually aroused it should be a camel; if not, a sheep.  If he discharge semen, the Malikis hold that his Pilgrimage is void.  The remaining schools of law hold that his Pilgrimage remains valid, but that an atonement is necessary.  According to the Hanbalis and the Ja‘faris a camel should be sacrificed; according to the Shafi‘is and Hanafis a sheep.

Should a person look at a woman he does not know and discharge semen, his Pilgrimage is not void; but according to the Ja‘faris, Shafi‘is, Hanafis and Hanbalis the sacrifice of a camel is incumbent on him.  According to the Ja‘faris the sacrifice of a camel is incumbent on him if he be rich, if he be well-off, a cow, and if poor, a sheep.  The Malikis maintain that if he continue to look until emission occurs, his Pilgrimage is be void and a new Pilgrimage is incumbent on him. 

Perfume

The five schools of law agree that all perfumed substances are prohibited, whether they are for smelling, applying or ingesting.  If a person in ihram dies it is not permissible for him to be given the ritual bath for the dead, nor to apply camphor or any other perfume to his clothes or body.  If a person in pilgrim’s garb uses perfume inadvertently or through ignorance, according to the Ja‘faris and Shafi‘is no atonement is due for him, whereas the Hanafis and Malikis maintain that a compensation is due.  The Hanbalis add that when a person must use a perfumed substance because of illness, it is lawful for him and no sacrifice is due.  The Ja‘faris maintain that if one uses perfume intentionally, the sacrifice of a sheep is due no matter what the perfume was used for.

Applying Antimony

Ja‘fari scholars say that it is not lawful for a person in pilgrim’s garb to use antimony, with or without perfume, on the eyes.  The Hanafis, Malikis, Shafi‘is and Hanbalis say that doing so is not proper, but no sacrifice is due.

Nails, Hair and Plants

All the schools agree that cutting the nails and hair, as well as shaving the hair on the head or body, is not lawful for one in the state of ihram (except of course, when these acts become due in their proper course).  Should one do so, an act of expiation is due.  The Ja‘faris maintain that if one clip the nails of the hands and feet, a sacrifice of one sheep is due from him when it is done at one time.  If he does it at different times, then two sheep are due.

As for cutting or pulling out plants or vegetation (even thornbushes) growing within the area designated as the Sacred Precinct, all the schools agree that this is unlawful, except for what is grown by man, and a species called the odoriferous brush.  The Shafi‘is contend that even this is not permitted.  They say that the redemption for cutting or plucking a large bush is a cow, and for smaller bushes a sheep.  The schools differ with regard to what grows by man’s effort.  According to the Malikis, by cutting or pulling out a plant a person commits a wrong action, but nothing is due from him whether the plant be natural vegetation or grown through man’s effort.

The Ja‘faris, Hanafis, and Hanbalis maintain that it is lawful to cut what man grows, but an atonement is required for cutting or pulling out natural vegetation.  According to the Ja‘faris the atonement for cutting a big plant is a cow and for a small one a sheep.  The Hanafis maintain that the cost of the animal is what should be considered.  All Schools agree that there is no atonement is involved for cutting any dry, non-living thing, whether it be a plant or a grass.

Looking at a Woman

It is not permissible for a man in ihram to look at women who are not permissible to him, but if he does so, no sacrifice is due from him according to the unanimous agreement of all the schools.

Henna

The Hanbalis maintain that it is permissible for any person in pilgrim's garment, man or woman, to dye any part of the body with henna, except the head; the Shafi'is maintain that it is permissible to dye any part except the hands and feet, while the Hanafis maintain that dyeing is not permissible at all.  Among the Ja‘faris, most scholars assert that dyeing is not considered proper but is not prohibited, while some declare that it is.

Being under Shade

All the schools of law except the Shafi‘is agree that it is not permissible for a person wearing pilgrim’s garment to be in the shade while travelling: thus it is not lawful for one to board a car or like vehicle with a roof.  If, however, the pilgrim be on foot, it is lawful for him to pass through the shade of trees without stopping.  If one be forced to seek shade while travelling because of illness, heat, or cold, it is lawful, but according to the Ja‘faris an atonement is due.

All of the five schools concur in agree that when a person in the state of ihram is staying somewhere and is not travelling, shade may be sought under a roof, wall, tree, tent or other structure.  The Ja‘faris maintain that it is lawful for a woman to be in shade while travelling.

Creating Disorder and Quarrelling

Creating disorder such as lying, abusing and committing wrong actions,  is prohibited for pilgrims as well as non-pilgrims.  Those on the Pilgrimage, however, are more emphatically prohibited than others. The Ja‘faris relate on the authority of Imam Ja‘far al-Sadiq that swearing by Allah is the basest form of quarrelling.

The Ja‘faris say that if a man lies once, he must sacrifice one goat; if he lies twice he must sacrifice a cow, and three times requires a camel.  If one swears an oath truthfully, nothing is due from him, but should he repeat the oath three times, a sheep is due.

Cupping

All the schools of law agree that cupping is permissible when necessary.  The Hanafis, Malikis, Shafi‘is and Hanbalis allow it even when there is no necessity, as long as the removal of hair is not required.  The Ja‘faris are divided on this matter, some allowing it while others not.

Insects

According to the Ja‘faris killing small insects such as lice or ticks while in pilgrim’s garb is not permissible, but it is permissible to remove them.  If one kills a bug in order to remove it from one’s body it is lawful.

The Hanbalis say that a person in a state of ihram is prohibited from removing lice, but should he disobey and kill one, no compensation is due.  The Hanafis hold that one should give food to someone, and the Malikis say that a handful of food suffices.

Hunting

All the schools of law agree that it is prohibited for a person in the state of ihram to hunt or trap land animals for killing or slaughter, or to guide or point towards game, eggs or nests of game.  Hunting sea creatures is lawful, for God says:

Lawful for you is the game of the sea and its use for food for the benefit of yourself and those who travel; but forbidden is the pursuit of land game, as long as you are in the pilgrim’s garb.(5:96)

The prohibition on hunting in the Sacred Precinct applies equally to those in ihram and those who are not.  As for the area outside, it is only lawful for the person not in ihram.  If a person in pilgrim’s garb were  to kill wild game, its use as food would be prohibited for everyone.

All the schools of law agree that a person in a state of ihram may kill kites, crows, mice and scorpions.  Some add to these savage dogs and other harmful animals.

According to the Shafi‘is and the Ja‘faris if a person in pilgrim’s garb slaughters land game whose like exists among domesticated animals in shape and features, then he has the following choice: (1) to slaughter a domestic animal which resembles the one killed, and distribute it as charity; (2) to estimate its price and buy food with its monetary equivalent, then distribute the food among the destitute to the amount of 1.6 kilos per person; or (3) to fast one day for every 1.6 kilos that would have been distributed.  The Malikis maintain the same viewpoint, except that they say the monetary equivalent should be calculated according to the value of the wild animal that was slaughtered, not its domestic substitute.  According to the Hanafis, one must determine the price of the game animal and then apply the following choices: (1) purchase livestock with the monetary equivalent and give its meat away in charity; (2) take an animal worth the same amount from one’s own livestock and give its meat in charity; (3) purchase the equivalent amount of food and distribute it, or (4) fast one day for each 1.6 kilos to be given away.

            All the schools base their position on the following Qur`anic verse:

O you who believe, do not kill game while you are in the pilgrim’s garb.  But if any of you do kill intentionally, the compensation is an animal like the one killed as adjudged by two just men among you, brought to the Ka‘bah; or by way of atonement, feeding the indigent, or its equivalent fasting.  Thus may one experience a penalty for his deed. (5:95)

The meaning of God's words ‘as adjudged by two just men’ is that the two just men should testify that the domestic animal is like the wild one which was killed, and ‘brought to the Ka‘bah’ means that when the pilgrim comes to the Ka‘bah, he should slaughter the domestic animal and distribute it charitably.

The Ja‘faris and the Shafi‘is agree that no atonement is required from some one who kills an animal through ignorance or forgetfulness, except in the case of hunting, for which an atonement is obligatory even though the act were done by mistake.

The Limits of the Two Sacred Areas

The prohibition on hunting and cutting plants applies to both the sacred areas of Makkah and Madinah.