Volume 5, Page 43a: Taking a Bath, and
Changing Clothes by a Muhrim
Ibrahim An-Nakh'i said: "Whenever our companions
approached the well of Maimun, they would take a bath and then
put on their best clothes."
It is said that Ibn 'Abbas entered a public bath at Al-Johfah
(to take a bath), while he was in the state of ihram. He was
asked: "How do you do so while in the state of
ihram?" He replied: "Allah does not need any of our
dirt and filth!"
Jabir said: "A person in the state of ihram may take a
bath and wash his garb." Abdullah ibn Hunain reported:
"Ibn 'Abbas and Al-Musawir ibn Makhramah were at Al-Abwa
when they disagreed on whether a person in the state of ihram
can wash his head. Ibn 'Abbas said: 'A person in the state of
ihram is permitted to wash his head.' Al-Musawir differed and
said that a muhrim is not allowed to wash his head. At this
Ibn 'Abbas sent me to Abu Ayyub Al-Ansari. I found him bathing
between the two wooden posts (of the well) and was screened
with a sheet of cloth.
"I greeted him and he asked who I was. I replied, 'I
am Abdullah ibn Hunain and I have been sent to you by Ibn 'Abbas
to ask you how Allah's Messenger (peace be upon him) used to
bathe while in the state of ihram. At this Abu Ayub Al-Ansari
caught hold of the sheet of cloth and lowered it till his head
appeared before me, and then told somebody to pour water on
his head. He poured water on his head, and he (Abu Ayub Al-Ansari)
rubbed his head with his hands by bringing them from back to
front and from front to back and said, 'I saw the Prophet
(peace be upon him) doing this."' This is reported by the
Group except Tirmizhi. Bukhari added: "Then I came back
and told them. And Al-Musawir said to Ibn 'Abbas: 'I will
never again argue with you."'
Ash-Shawkani said: "This hadith shows that a muhrim is
permitted to take a bath while in the state of ihram and may
even cover his head with his hand while doing so."
Ibn al-Munzhir said: "There is consensus that a muhrim
may take a bath when in a state of janabah (major impurity).
There is disagreement, however, concerning bathing in other
cases."
Malik reported from Nafi' that Ibn 'Umar did not wash his
head while in the state of ihram except when he had a wet
dream."' It is reported that Malik disliked that one
should immerse one's head in water while in the state of
ihram.
Using soap or any other cleaning agent is permissible. Ash-Shafi'i
and Hanbali schools hold one may use perfumed soap for
bathing, and similarly women are permitted to undo their hair
and comb it, because the Prophet (peace be upon him) ordered 'Aishah,
saying: "Undo your hair, and comb it." (Muslim)
An-Nawawi said: "It is permitted to undo the hair and
comb it while in the state of ihram provided that no hair is
pulled out. Combing, however, is disliked unless there is some
genuine reason for it. One may also carry one's belongings on
one's head."
Sa'id ibn Mansur reported from 'Aishah that she held that a
muhrim may wear underpants. Al Hafiz remarked: "This is
an opinion of 'Aishah, but the majority of scholars hold
wearing underpants is forbidden for a muhrim, because it is
similar to wearing trousers which are forbidden for a muhrim."
(Bukhari)
Ash-Shafi'i and Sa'id bin Mansur reported from Al-Qasim
that he said: "Uthman ibn 'Affan, Zaid ibn Thabit, and
Marwan ibn Al-Hakam used to cover their faces while in the
state of ihram." Taw'us said: "A person in the state
of ihram may cover his face if there is dust or ashes."
Mujahid said: "If there was a sandstorm they covered
their faces while in the state of ihram."
Abu Daw'ud and Ash-Shafi'i reported on the authority of 'Aishah
that Allah's Messenger (peace be upon him) permitted women to
wear their shoes while in the state of ihram.
The Shafi'i school holds that there is no harm if a pilgrim
forgot and covered his head or wore a shirt in a state of
forgetfulness. 'Ata said: "There is no blame on such a
person, but he should seek forgiveness of Allah." The
Hanafi school says that such a person will have to redeem
himself (by offering a sacrifice). There is also disagreement
on using perfume by mistake or unknowingly. The Shafi'i school
holds: "Ignorance and forgetfulness constitute an excuse
enough to remove the need for redemption for doing something
forbidden, unless it is something that involves damage such as
hunting, shaving, and clipping nails." This is the
correct position according to them. We will deal with it at
its proper place.
It is substantiated that Allah's Messenger cupped himself
in the middle of his head while he was in a state of ihram.
Malik said: "There is no blame upon a muhrim if in case
of need, he opens an abscess, wraps a wound or severs a
vein."
Ibn 'Abbas said: "A person in the state of ihram may
pull his tooth or open an abscess." An-Nawawi said:
"If a muhrim wants cupping without any reason, and it
necessitates cutting hair, then it is unlawful to do so. But
if it does not necessitate cutting hair, the majority of
scholars hold it permissible. Malik, however, hold that it is
disliked. Al-Hasan is of the opinion that one must sacrifice
an animal if one does so, even if it does not involve cutting
any hair. But if it is done because of a need, then it is
permissible, but one will have to pay a ransom to redeem
oneself. Zahiri school holds that an atonement is required
only for cutting hair from the head.
'Aishah was asked about a pilgrim who has itching in his or
her body. She said: "Yes, he or she may scratch as
strongly as he or she likes." This hadith is reported by
Bukhari, Muslim and Malik, who added: "If both of my
hands were tied, and only my leg was free, I would use it to
scratch myself." The same was reported from Ibn 'Abbas,
Jabir, Sa'id ibn Jubair, 'Ata and Ibrahim An-Nakh'i.
Ibn 'Abbas said: "A person in a state of ihram is
permitted to smell sweet basil, look in a mirror, and cure
himself by eating butter and oils." 'Umar bin Abdul 'Aziz
used to look in the mirror and use the tooth stick (siwak)
while in a state of ihram.
Ibn Al-Munzhir said: "There is consensus among the
scholars that a muhrim may eat oil, fat, and butter, but he is
not permitted to use perfume all over his body.
Hanafi and Maliki scholars hold it is disliked for a muhrim
to stay at a place which is full of perfume or scent, whether
he intended to smell it or not. Hanbali and Shafi'i schools
are of the opinion that if such a person does so intentionally
it is unlawful for him, otherwise there is no harm. The
Shafi'i school holds that sitting at a perfumer in an incensed
place is permissible, because its prohibition will make things
difficult. Applying perfume is not desirable; one should avoid
it unless one is sitting in a place where one cannnot avoid
it, for example, if one is sitting in the Sacred Mosque when
it is scented. In this there is no harm, nor is it disliked,
because sitting at this place is a means of achieving
closeness to Allah, and to abandon it for something which is
at best only permissible is not desirable. One may carry the
perfume in a bottle or wrapped in a cloth and one is not
required to make any atonement for doing so.
Ibn 'Abbas said: A person in a state of ihram may wear kohl
if his or her eyes are sore, provided the kohl is not
perfumed. There is consensus among scholars on its
permissibility for treatment but not as a means for
beautification.
Abdullah ibn 'Amer reported: " 'Umar used to throw a
piece of leather on a tree and sit under its shade while he
was in the state of ihram." This is reported by Ibn Abi
Shaiba.
Ummul-Hussain reported: "I performed the Farewell Hajj
with the Prophet (peace be upon him). I saw Usamah ibn Zaid
and Bilal. One of them was holding the noseband of the
Prophet's she-camel, and the other was shading him with a
cloth from the sun until he threw the pebbles at 'Aqabah."
This is reported by Ahmad and Muslim. 'Ata said: "A
muhrim may shade himself from the sun, and take shelter to
protect himself from rain and wind." Ibrahim An-Nakh'i
reported: "Al-Aswad ibn Yazid threw a cloth over his head
for shelter from rain while he was in the state of
ihram."
The Hanbali school holds that using henna for dyeing any
part of the body, except the head, is not forbidden for a
muhrim, male or female. The Shafi'i school holds that a male
muhrim may use henna for dying any part of the body, except
hands and feet, dying of which without any genuine cause is
not permissible in the state of ihram. Also covering one' s
head with thick (layers of) henna is not permissible. They
also hold that it is not desirable for a woman in the state of
ihram to use henna, and that it is unlawful for her to do so
if she is in 'iddah after the death of her husband.
The Hanafi and the Maliki schools on the other hand, hold
that a muhrim, male or a female, is not permitted to use henna
for dyeing any part of the body because it is a perfume, and a
muhrim is not allowed to wear perfume during the state of
ihram. Khawlah bint Hakim reported from her mother that the
Prophet (peace be upon him) told Umm Salamah: "Do not
wear perfume while you are in the state of ihram. nor touch
henna, because it is a perfume." (Reported by At-Tabarani
in Al-Kabir, Al-Baihaqi in his Al-Ma 'rifah, and by Ibn
Abdul-Barr in his work At-Tamheed)
Asma bint Abi Baker reported: "We went for Hajj with
the Prophet (peace be upon him). When we reached a place
called 'Arj the Prophet (peace be upon him) stopped, and so
did we. 'Aishah sat by the Prophet (peace be upon him), and I
sat next to Abu Bakr. Their travel supplies were with a
servant of Abu Bakr. He sat down waiting for his servant. When
the servant came he was walking on foot, and had no camel with
him. Abu Bakr asked him about his camel. The servant replied:
'I lost it yesterday.' At this Abu Bakr got angry and said to
him: 'You had only one camel (to look after) and you lost it.'
And he beat him. The Prophet (peace be upon him) smiled and
said: 'Look at this muhrim--Abu Bakr! What is he doing?' And
he kept on smiling and repeating this." (Reported by
Ahmad, Abu Daw'ud, and Ibn Majah)
'Ata was asked by a man about the fleas or ants that vexed
him while he was in the state of ihram. He replied: "You
may throw away what does not belong to you." Ibn 'Abbas
said: "A muhrim may kill lice and ticks."
A muhrim may also remove fleas from his camel. 'Ikrimah
reported that Ibn 'Abbas once ordered him to kill the ticks
off his camel while they were both in the state of ihram. 'Ikrimah,
disliked doing so. Then, Ibn 'Abbas commanded Ikrimah to
slaughter a camel, which he willingly did. Thereupon Ibn 'Abbas
asked him, "Do you know how many ticks you just
killed?"
'Aishah reported that the Prophet (peace be upon him) said:
"Five of the animals are vicious and they may be killed
in the sacred precincts of Haram: the crow, the kite, the
scorpion, the mouse, and the ravenous dog. This is reported by
Muslim and Bukhari, who added "(and) the snake."
There is consensus among the scholars that the small crow
which eats the seeds, is not included in the category of the
above animals. Under the ravenous dog is included one that
bites people and frightens them and all other similar vicious
animals that attack humans such as the lion, tiger, leopard
and wolf. Thus Allah said: "They ask you what is lawful
to them (as food). Say: 'Lawful to you, are (all) things good
and pure: And what you have taught your trained hunting
animals 8 (to catch) in the manner directed to you by
Allah"' (Qur'an 5.4). The Hanafi scholars hold, however,
that the word "vicious dog" in this case applies
only to dogs and wolves.
Ibn Taimiyyah is of the opinion that a muhrim may kill any
harmful creature that usually causes harm to humans, such as
snake, scorpion, mouse, crow, and a vicious dog. He is also
permitted to defend himself against whatever harms him,
whether animals or people; if they assault him, he should
fight them back. The Prophet (peace be upon him) said:
"He who is killed while defending his wealth is a martyr,
and he who is killed while defending his life is a martyr, and
he who is killed while defending his religion is a martyr, and
similarly he who is killed while defending his honor is also a
martyr."
Ibn Taimiyyah further said: "If fleas and lice bite
him, a muhrim should cast them out. He may also kill them, and
incur no penalty. Casting them out is, however, easier than
killing them. Similarly a muhrim is forbidden to kill any
animal that he sees, such as a lion, a leopard, etc. But, most
of the scholars hold that if he should kill one of these
animals, he is not required to make any atonement. Looking for
lice without feeling any bite, for comfort and pleasure,
however, while one is in the state of ihram, should be
avoided. But if someone does it, he is not required to make an
atonement.
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