Fiqh-us-Sunnah, Volume 5: Ihram

Introduction to Fiqh-us-Sunnah

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Ihram is the intention to perform either Hajj or 'Umrah, or to make intention of performing both. Intention is an important element of both. Allah says: "And they have been commanded no more than this: to worship Allah, offering Him sincere devotion.'' (Qur'an 98.5) The Prophet (peace be upon him) said: "The actions will be rewarded according to the intentions behind them, and every person will have what he had intended."

We have dealt with the subject of intention in Fiqh us-Sunnah, Vol.1.(See the chapter on Wudu in Fiqh us-Sunnah vol. 1) The human heart is its seat. Al-Kamal bin al-Homam reported, "We are unaware of anyone among the narrators reporting about the rites performed by the Prophet (peace be upon him) and saying that he (the Prophet) declared his intention to perform Hajj or 'Umrah aloud saying, "I have made the intention to make 'Umrah or Hajj."

This means clipping one's fingernails, trimming the moustache, shaving off the hair from under the armpits, shaving the pubic hair, making an ablution or preferably taking a complete bath, and in the case of men, to comb their beard and hair.

Ibn 'Umar said: "It is sunnah for a pilgrim to take a complete bath before entering the state of ihram or before entering Makkah." This is reported by Al-Bazzar, Ad-Daraqutni, Al-Hakim, who considers it a sound hadith.

It is reported from Ibn 'Abbas that Allah's Messenger (peace be upon him) said: "A woman in the state of confinement after childbirth and one in her menstruation period must take a complete bath, declare her ihram, and perform all the rites except circumambulation around the Ka'bah, which she may perform after she is in a state of purification." (Ahmad, Abu Dawud, and Tirmizhi who considers this hadith sound)

This consists of two sheets of cloth. One of these is wrapped round the upper part of the body, except the head, and the other (izar) is wrapped round the lower part of the body. Both of these sheets should be white as this color is the best color in the sight of Allah.

Ibn 'Abbas said: "Allah's Messenger (peace be upon him) combed his hair, wore some perfume, put on his Hajj garb, along with his Companions, and then he set out from Madinah accompanied by them." (Reported by sukhari)

The perfume may be used on the body as well as the Hajj garb, even if it should continue to smell afterwards.

'Aishah said: "It is as if I can still (in retrospection) see the traces of perfume glittering on the Prophet's head while he was in the state of ihram." (Reported by sukhari and Muslim) She also reported: "I used to apply perfume to the Prophet (peace be upon him) before he wore his Hajj garb, and again when he ended his state of ihram, but before he had made Tawaf around the Ka'bah." (Bukhari and Muslim) In another report transmitted by Ahmad and Abu Daw' ud, 'Aishah said: "We used to go to Makkah with Allah's Messenger (peace be upon him), and when we wore our Hajj garb we used to sprinkle musk on our foreheads. And if one of us was sweating or perspiring it would run down her face. The Prophet (peace be upon him) would notice this but did not prohibit its use."

With these, one should make one's intention to assume the state of ihram. In the first rak'ah one should recite Surah AlKafirun, and recite Surah Al-Ikhlas in the second rak'ah after the recitation of Surah Al-Fatihah.

Ibn 'Umar reported: "The Prophet (peace be upon him) used to offer two rak'ahs at Zhul-Hulaifah.

If, however, one offered a prescribed prayer at that time it will suffice him, just as a prescribed prayer suffices and replaces a prayer of salutations to the mosque.

Ihram is of three kinds:

-1- Qiran (combining both 'Umrah and Hajj).

-2- Tamattu' (combining both Hajj and 'Umrah with a break in between), and

-3- Ifrad (Hajj only).

There is consensus among scholars that all these three kinds are legitimate.

'Aishah reported: "We left (Madinah) with Allah's Messenger (peace be upon him) to perform the Farewell Hajj. Some of us declared ihram to perlorm 'Umrah, while others declared their intentions to perform both Hajj and 'Umrah. Yet others declared their ihram to perform Hajj only. The Prophet (peace be upon him) declared ihram for Hajj only.

As for those who intended 'Umrah, they terminated their ihram as soon as they finished the rituals of 'Umrah. Those who intended to combine Hajj with 'Umrah or those who intended to perform Hajj only, they did not terminate their ihram until the Slaughtering Day (Yawm un-Nahr), the 10th of Zhul-Hijjah." (Reported by Ahmad, Bukhan, Muslim and Malik)

In it a pilgrim declares his intention to perform both Hajj and 'Umrah together, and says when doing talbiyah, "O Allah, I answer your call to perform Hajj and 'Umrah." Such a pilgrim is required to remain in the state of ihram until he has performed all the rites of 'Umrah and Hajj. Or, for this kind of ihram, a pilgrim may declare his intention to perform 'Umrah and later, before making the Tawaf around Ka'bah, make his intention to perform Hajj as well.

Tamattu' means performing 'Umrah during the Hajj season, and then subsequently making Hajj the same year. It is called tamattu' (or enjoyment) due to the fact that a pilgrim has the added advantage of performing Hajj and 'Umrah in the same journey without having to go back home, and also because such a pilgrim after the 'Umrah, enjoys normal life; he can wear his usual clothes, apply perfume, and do other things until the time he once again puts on his Hajj garb for the Hajj.

Anyone intending to make a tamattu' should on approaching the miqat, first make intention for 'Umrah. While uttering talbiyah he should say: Labbaik bil 'Umrah. "O Allah, I answer Your call to perform 'Umrah." Such a pilgrim should keep on his or her Hajj garb until he circumambulates around the Ka'bah, walks between Safa and Marwah, then clips his hair or shaves it. After that he may put away his Hajj garb and wear his usual clothes. He may do everything that is permissible but was prohibited for him in the state of ihram. On the 8th of Zhul-Hijjah, such a person must declare his or her intention to perform Hajj and put on ihram from Makkah.

The author of Al-Fath says: "The majority of the scholars agree that Tamattu' means a pilgrim may combine Hajj with 'Umrah during the months of the Hajj and in the same journey, and that when he performs 'Umrah he should be present in Makkah. In the absence of any of these conditions he may not perform Hajj tamattu'.

Ifrad means a pilgrim intending to perform Hajj only should, while at the miqat, make intention for Hajj only. While making talbiyah he or she should say, Labbaik bihajj "(O Allah, I answer your call to perform Hajj)," and must keep his or her Hajj garb until all the rites of Hajj are completed. Then, if such a pilgrim desires, he or she may perform an 'Umrah.

The scholars disagree as to which of these is the best kind. The Shafi'i school holds that ifrad and tamattu' are superior to qiran, because in either of the former two kinds a pilgrim has the opportunity to perform complete rites of Hajj and of 'Umrah. On the other hand, a qarin (one who undertakes a qiran Hajj) is able to perform Hajj only.

As to which of the two--tamattu' or ifrad--is better, there are two opinions. One group of scholars holds tamattu' as superior to ifrad, while the others hold ifrad is better.

The Hanafi school holds that qiran is better than tamattu' and ifrad, and that tamattu ' is better than if rad. The Maliki school holds that if rad (Hajj only) is better than tamattu' and qiran. The Hanbali scholars, on the other hand, are of the view that tamattu' (combining Hajj and 'Umrah with a break in between), is better than the qiran and ifrad. This is comparatively easy and the people can perform it comfortably.

In fact, this is what the Prophet (peace be upon him) performed himself and commanded his Companions to do likewise. 'Ata said, "I heard Jabir ibn Abdullah saying, 'We (the Companions) declared our intention to perform Hajj only. On the 4th of Zhul-Hijjah the Prophet (peace be upon him) commanded us to terminate our state of ihram, saying, "Terminate your state of ihram and go to your wives." He did not, however, oblige us to do so but he permitted us. We said: 'There are only five days left to the Day of 'Arafah. Shall we go to 'Arafah while semen is dribbling from our male organs?" The Prophet (peace be upon him) stood up and said: "You know that I fear Allah the most, and that I am the most truthful, and the most pious amongst you. If I had not brought my sacrificial animals with me, I also would have terminated my state of ihram. If I were to again come (to Makkah), I shall not bring the sacrificial animals with me. So terminate your state of ihram." At this we terminated our state of ihram; we listened to and obeyed (the Prophet)." This was reported by Muslim.

If a person puts on ihram with the intention of performing whatever Allah has prescribed for him without specifying any of the above three kinds due to lack of knowledge. his ihram would be quite lawful and valid.

The scholars said: "If such a person utters talbiyah like others with the intention of performing the rituals (of Hajj), but says nothing in words, nor makes an intention in his heart, nor specifies whether it is tamattu', ifrad, or qiran Hajj that he intends, his pilgrimage would still be valid, and he will be reckoned to have made one of the three kinds of Hajj.

Ibn 'Abbas was once asked about the break between 'Umrah and Hajj to which he replied: "The Muhajirun (immigrants from Makkah), the Ansar (people of Madinah), and the wives of the Prophet (peace be upon him) declared their intention to perform the Farewell Hajj. So we also declared our intention to do the same. Upon arrival in Makkah, the Prophet (peace be upon him) said: "Make your declaration of intention for 'Umrah only, except for those who have already designated their sacrificial animals, and brought them along with them." We made Tawaf of Ka'bah, walked seven times between Safa and Marwah. Then we consorted with our wives and wore our regular clothes. The Prophet (peace be upon him) further told us: "Those who have garlanded (i.e., marked) their sacrificial animals, they must not break their state of ihram until the animal reaches the slaughter house to be offered in sacrifice. Then we were commanded by the Prophet (peace be upon him) to declare our intention for Hajj on the night of the 8th of Zhul-Hijjah. After completing all the rites of Hajj, we went and circumambulated around the Kabbah, walked between Safa and Marwah, and thus we completed Hajj and we offered the sacrifice as Allah says, "If anyone wishes to continue the 'Umrah onto the Hajj, he must make an offering such as he can afford, but if he cannot afford it, he should fast three days during the Hajj and seven days on his return ... (to his country)." (Qur'an 2.196) Offering a sheep in sacrifice is enough for this purpose. These Companions of the Prophet (peace be upon him) combined two worships in one year: Hajj and 'Umrah. Allah has mentioned it in His Book and (reinforced it) by the practice of His Prophet (peace be upon him), making it permissible for all people, excepting the residents of Makkah. Allah says (Qur'an 2.136): "This is for those whose household is not in (the precincts of) the Sacred Mosque." The Hajj months referred to are Shawwal, Zhul-Qui'dah and ZhulHijjah. So whosoever combines an 'Umrah and Hajj during these months has to offer a sacrifice, or observe fast. This is reported by Bukhari.

This hadith proves that the residents of Makkah can neither perform qiran nor tamattu'. They may perform if rad only--a single Hajj or a single 'Umrah. This is the opinion of Ibn 'Abbas, and Abu Hanifah in the light of Allah' s words, "This is for those whose household is (in the precincts of) the Sacred Mosque."

There is disagreement among scholars concerning "those whose household is (in the precincts) of the Sacred Mosque." Malik holds that they are the people of Makkah. Al-A'raj agrees with this view and also At-Tahawi who preferred this view. Ibn 'Abbas, Taw'us, and another group are of the opinion that it is the people living within the sacred precincts of Haram, which according to Al-Hafiz, is quite apparent. Ash-Shafi'i holds that any one living around Makkah at a distance not more than that at which one is permitted to shorten regular prayers is a resident of Makkah. Ibn Jarir agrees and prefers this view. The Hanafi scholars hold that all those living within or at the miqat are residents of Makkah. In this regard, the place of residence and not the place of birth of a person is taken into account.

The above hadith also indicates that a person who performs Hajj tamattu' must first make a tawaf of Ka'bah and Sa'i between Safa and Marwah. This will suffice him for tawaful qudum (circumambulation of arrival) which is performed as a greeting to the Sacred Mosque upon arrival there. Then, after the Day of 'Arafah, such a person shall make another tawaf, tawaf ifada. and perform another Sa'i between Safa and Marwah.

As for the qarin, the pilgrim who combines 'Umrah and Hajj and remains in a state of ihram after the first 'Umrah, the scholars are of the opinion that he needs to perform only one tawaf (seven circumambulations around Ka'bah) and one Sa'i (seven rounds between Safa and Marwah) for both the Hajj and 'Umrah. The case of such a person is very much similar to the pilgrim who performs ifrad (Hajj only).

-1- Jabir reported: "The Prophet (peace be upon him) combined Hajj and 'Umrah, with one tawaf." This is transmitted by Tirmizhi, who considers it a sound hadith.

-2- Ibn 'Umar reported that the Prophet (peace be upon him) said: "He who declared his intention to perform Hajj and 'Umrah together, may perform one tawafand one Sa'i for them." This is reported by Tirmizhi, with the remarks that this is a hasan gharib hadith. Ad-Daraqutni has also reported it, but he adds: "One must not terminate one's state of ihram until one has completed both (the Hajj as well as 'Umrah)."

-3- The Prophet (peace be upon him) told 'Aishah: "Your tawaf of the Ka'bah and Sa'i between Safa and Marwah will suffice you for both Hajj and 'Umrah." This is reported by Muslim.

Abu Hanifah, however, is of the view that in such a case (i.e., combining Hajj and 'Umrah) lawaf and Sa'i must be performed twice. The first hadith is preferable considering its authenticity and strength of evidence.

-4- A hadith says that a pilgrim who combines Hajj and 'Umrah, with a break in between (as in tamattu') or without a break (as in qiran) must sacrifice at least a sheep. And if one cannot afford the sacrifice he should fast three days during Hajj and another seven days after returning home. It is preferable for such a person to fast three days during the ten days of Zhul-Hijjah before the Day of 'Arafah. Some scholars such as Taw'us and Mujahid, however, hold that such a pilgrim may fast at the beginning of the month of Shawwal. Ibn 'Umar, on the other hand, is of the opinion that such a pilgrim may fast a day before the 8th, and the 8th as well as 9th of Zhul-Hijjah (Day of 'Arafah). If such a pilgrim failed to fast these three days, or fasted some of them before 'Eid, then he may observe fast during the tashriq days (i.e., the I Ith, 12th and 13th of Zhul-Hijjah). This is based on a report from 'Aishah and Ibn 'Umar who said: "Fasting is not permitted on the 11 th, 12th and 13th of ZhulHijjah except for those who are obligated to fast because they cannot afford the sacrifice." This is reported by Bukhari. If one fails to fast these three days during Hajj, then one must make them up later.

As for the seven days of fasting, according to some scholars, one may fast them upon arriving at his home town. Others, like Mujahid and 'Ata, say one may do so after arriving at one's stopover. According to them one may fast these seven days on the way back home. These ten days of fasting do not necessarily have to be fasted consecutively.

Once a person makes intention (for Hajj or 'Umrah) and dons the ihram, he must make talbiyah.

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