Adapted from Ad-Daraaree Mudeeyah of Al-Imaam Ash-Shaukaanee, may Allaah bestow mercy on him.

Translation by Aboo Aamir al-Atharee

A muhrim (i.e. a pilgrim performing hajj who has put on the Ihrâm) should not put on a robe nor a turban nor a hooded cloak nor trousers nor any cloth touched by war's (a yellow dye) or saffron; nor should he put on leather socks except if he does not have shoes then he can put on leather socks but upon the condition that he will cut them such that they are not higher than the ankles. A woman pilgrim should not put on the Niqâb (face-veil) nor should she put on gloves nor what is touched by war's or saffron. A Pilgrim should not wear perfume at all nor should he take anything from his hair or body except for a (legal) excuse. He should not also make licentious speech nor transgress nor engage in arguments nor copulate (with his wife and vice-versa) nor join a man and a woman together as husband and wife nor initiate a Nikâh process nor kill a game. Whoever kills a game must bring the like of what he kills upon the judgement of two just persons. He should not eat from a game another person may catch except if the hunter is not on hajj and does not catch the game for the person performing hajj. He should also not cut from the tree of the Sacred Precinct except from lemon grass. It is (however) permissible for him to kill the Five Stubborn Animals. The game and trees of the Sacred Precinct of Madeenah will be treated the way the game and trees of the Sacred Precinct of Makkah are treated except that whoever cuts any of its trees or tramples it can be despoiled by for whoever sees him (doing so). It is also forbidden to hunt at Wajj or cut its trees.

I say: As for the assertion that a muhrim should not put on those things (that are mentioned), the proof for that is the hadith recorded on the authority of Ibn Umar – may Allâh be pleased with him – as contained in the Sahîhayn and other works that he – may Allâh be pleased with him – said: 'The Messenger of Allâh – Sallallâhu alayhi wa sallam – was asked as regard what a muhrim should put on, he – Sallallâhu alayhi wa sallam – then said:

'A Muhrim should not put on a robe nor a turban nor a hooded cloak nor trousers nor any cloth touched by war's or saffron; he should not put on leather socks except that if he cannot get shoes then he should cut the leather socks such that they are not above the ankles.'

Al-Qâdi Iyâdh – may Allâh bestow mercy on him – said: 'The Muslim scholars agree on the fact that all what are mentioned in the hadith are not to be worn by a muhrim.'

Muslim and other recorders of hadith recorded a hadith on the authority of Jaabir – may Allâh be pleased with him – who said the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

'Whoever cannot get a pair of shoes should get a pair of leather socks; whoever cannot get a loin-cloth should put on trousers.'

There is a similar narration to the above hadith in the Sahîhayn on the authority of Ibn Abbaas – may Allâh be pleased with him.

Ahmad, al-Bukhârî, an-Nasâî and at-Tirmidhî (who authenticated it) recorded a hadith on the authority of Ibn Umar – may Allâh be pleased with him – that the Prophet – Sallallâhu alayhi wa sallam – said:

'A woman under Ihrâm should not put on the Niqâb (i.e. the face veil) nor should she put on gloves.'

Abu Dâwud has an addition:

'Nor whatever is touched by war's or saffron among the cloths.'

The gloves that woman wear cover her two hands, her fingers and her palms when undergoing something.

As for the assertion that a muhrim should not wear perfume at all but can remain upon the perfume he has applied to his body before he assumed the Ihrâm that is the superior view that comes forth from the merger between all the evidences. I have explained that in Shar'hu al-Muntaqaa.

As for the assertion that a muhrim cannot take from his hair or body except for a reason, the proof for that is the hadith recorded on the authority of Ka'b bn 'Ujzah – may Allâh be pleased with him – as found in the Sahîhayn and other works; he – may Allâh be pleased with him – said: 'I had a problem with my head then I was taken to the Messenger of Allâh – Sallallâhu alayhi wa sallam – while lice were dropping on my face. The Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

'I never knew that the problem has gone this length with you as I can see; do you have a goat?'

Ka'b – may Allâh be pleased with him – said he replied in the negative. He said, 'After that the Verse: He must pay a Fidyah (ransom) of either observing Saum (fasts) (three days) or giving Sadaqah (charity) or offering sacrifice (one sheep). [al-Baqarah: 196] was revealed. He said: 'It is fasting of three days or feeding six poor persons; half a Sâ measure for each poor person.'

As for the assertion that a muhrim should not make obscene speech nor transgress nor engage in arguments, the proof for that is the text of the Qur'ân. The acts mentioned are not permissible when one is not on hajj but when one is on hajj it becomes more severe to engage in them.

As for the assertion that a muhrim should not copulate nor should he marry a person to another, the hadith in support of that is the one recorded on the authority of Uthmân [bn Affân – may Allâh be pleased with him] as found in Sahîh Muslim and other books that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

'He should not copulate nor marry a person to another nor should he initiate a Nikâh process.'

There are several other Ahâdîth under the section.

As for the hadith that occurs in the Sahîhayn and other works on the authority of Ibn Abbaas – may Allâh be pleased with him – that the Prophet – Sallallâhu alayhi wa sallam – married Maymuunah – may Allâh be pleased with her – while he – Sallallâhu alayhi wa sallam – was a muhrim. The hadith is in conflict with what has come in Sahih Muslim and other works on the authority of Maymuunah – may Allâh be pleased with her – that the Prophet – Sallallâhu alayhi wa sallam – married her while he – Sallallâhu alayhi wa sallam – was not a muhrim.

Another proof in conflict (with the hadith above) is the hadith which Ahmad and at-Tirmidhî recorded and which was held to be hasan by the latter in the hadith of Abu Râfi – may Allâh be pleased with him – that the Messenger of Allâh – Sallallâhu alayhi wa sallam – married Maymuunah – may Allâh be pleased with her – while he – Sallallâhu alayhi wa sallam – was not a muhrim. Abu Râfi – may Allâh be pleased with him – was the go-between between the Messenger of Allâh – Sallallâhu alayhi wa sallam – and Maymuunah – may Allâh be pleased with her. The duo (Maymuunah – may Allâh be pleased with her – and Abu Râfi – may Allâh be pleased with him) knew better.

Taken that the statement of Ibn Abbâs – may Allâh be pleased with him – is sound and is applicable to the reality, it is not in conflict with the Ahâdîth stating clearly the prohibition rather we would say doing so was specific for the Prophet – Sallallâhu alayhi wa sallam.

As for the assertion that a muhrim cannot hunt for a game, the Noble Qur'ân has mentioned that. If a muhrim kills a game then he must expiate that with the like of what he might have killed; two just persons will judge over that as Allâh the Most Blessed said.

As for the assertion that a muhrim is not to eat from a game that is killed by another person till the end of the statement, the proof for that is the hadith recorded on the on the authority of as-Sa'b bn Jathaamah – may Allâh be pleased with him – that can be found in the Sahîhayn and other works that he (as-Sa'b) made a gift (of the mutton of a hunted) onager to the Messenger of Allâh – Sallallâhu alayhi wa sallam – while the latter was at al-Abwaa or Waddaan but he – Sallallâhu alayhi wa sallam – returned it to him. When the Messenger of Allâh – Sallallâhu alayhi wa sallam – observed that the Companion – may Allâh be pleased with him – was unhappy as he could read it in his face, he – Sallallâhu alayhi wa sallam – said:

'Indeed we would not return it to you if we are not on Hajj.'

Muslim recorded the like of the hadith above in the hadith recorded on the authority of Zayd bn Ar'qam – may Allâh be pleased with him.

Also there is a hadith in the Sahîhayn and other works on the authority of Abu Qatâdah – may Allâh be pleased with him – that the Prophet – Sallallâhu alayhi wa sallam – ate from the hunted game which the latter killed while he was not on Hajj but the Prophet – Sallallâhu alayhi wa sallam – was on Hajj; the Messenger of Allâh – Sallallâhu alayhi wa sallam – thus ate from the upper-arm of the onager that was killed by Abu Qatâdah – may Allâh be pleased with him.

The merger between the hadith of as-Sa'b – may Allâh be pleased with him – and hadith of Abu Qatâdah – may Allâh be pleased with him – is that the Messenger of Allâh – Sallallâhu alayhi wa sallam – refused to eat from the game of as-Sa'b – may Allâh be pleased with him – because the latter actually hunted it for the Prophet – Sallallâhu alayhi wa sallam – but he – Sallallâhu alayhi wa sallam – ate from the game of Abu Qatâdah because the latter did not hunt for the animal because of the Messenger of Allâh – Sallallâhu alayhi wa sallam. The hadith recorded on the authority of Jâbir – may Allâh be pleased with him – also indicates the merger; the hadith is recorded by Ahmad, the Collectors of Sunan, Ibn Khuzaymah, Ibn Hibbân, ad-Dâraqutnî, al-Hâkim and al-Bayhaqî that the Prophet – Sallallâhu alayhi wa sallam – said:

'Hunted land animals are permissible for you (to eat) when you are performing hajj so far you do not hunt for them (yourselves) or they are hunted for you.'

As for the assertion that trees of the Sacred Precinct (of Makkah) are not to be cut except the lemon grass, the proof for that is the hadith recorded on the authority of Ibn Abbaas – may Allâh be pleased with him – as found in the Sahîhayn and other works wherein he (Ibn Abbaas – may Allâh be pleased with him) said: 'The Messenger of Allâh – Sallallâhu alayhi wa sallam – said on the day of Conquest of Makkah:

'Verily this land is sacred; its trees are not to be cut nor can its fresh plants be cut nor can its game be hunted nor can found-items be picked on it except by a person who wants to make it known (to the people).'

At that, al-Abbâs – may Allâh be pleased with him – said: '[O Messenger of Allâh,] exempt the lemon grass because we cannot do without it; we make use of it in our graves and houses.'

The Messenger of Allâh – Sallallâhu alayhi wa sallam – then said:

'Except the lemon grass.'

Al-Bukhârî and Muslim recorded the like of the hadith on the authority of Abu Hurairah – may Allâh be pleased with him.

As for the assertion that it is permissible for the muhrim to kill the Five Stubborn Animals, the proof for that is the hadith recorded on the authority of Aaisha – may Allâh be pleased with her – as contained in the Sahîhayn and other books that she – may Allâh be pleased with her – said: 'The Messenger of Allâh – Sallallâhu alayhi wa sallam – commanded that the Five Stubborn Animals should be killed whether outside the Sacred Precinct or inside it; they are: Crow, kite, scorpion, [rats] and mad dog.'

Also in the Sahîhayn in the hadith recorded on the authority of Ibn Umar – may Allâh be pleased with him, he (Ibn Umar) said: 'The Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

'Five animals; there is no blame upon killing them…'

In Sahîh Muslim in the hadith recorded on the authority of Ibn Umar – may Allâh be pleased with him, there is an addition of mention of 'snake' so also it is mentioned in the hadith recorded on the authority of Ibn Abbaas – may Allâh be pleased with him – as found with Ahmad but the chain of that narration contains the presence of Layth Ibn Abee Sulaym (who is a weak narrator).

As for the assertion that game and trees of Madeenah are to be treated as game and trees of the Sacred Precinct of Makkah, the proof for that is the hadith recorded on the authority of Alee [Ibn Abee Tâlib] as found in the Sahîhayn and other books that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

'Madeenah is sacred; what is between Ayr and Thaur. '

The hadith can also be found in the Sahîhayn in the hadith recorded on the authority of Abaad bn Tameem – may Allâh be pleased with him – that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

'Indeed [Prophet] Ibrahim sanctified Makkah and made supplications regarding it; I too (now) sanctify Madeenah as Ibrâhim sanctified Makkah.'

There are several other Ahâdîth under the section as found in the Sahîhayn on the authority of a number of Comapnions.

As for the assertion that whoever cuts any tree in Madeenah or tramples on it will be despoiled, the proof for that is the hadith recorded on the authority of Sa'd bn Abee Waqqâs – may Allâh be pleased with him – that he rode to his palace at al-Aqeeq then found a slave cutting or trampling on trees there then he (Sa'd) despoiled him. When Sa'd returned, the family of the slave came to him and talked to him (over the issue), that he should return what he had despoiled from the boy to him (the boy) or to them. Sa'd – may Allâh be pleased with him – however said: 'May Allâh forbid that I should return what the Messenger of Allâh – Sallallâhu alayhi wa sallam – has said it is a booty for me.' Thus Sa'd – may Allâh be pleased with him – refused to return it to them. Muslim and Ahmad recorded the report.

In the version of Ahmad, Abu Dâwud and al-Hâkim (which he authenticated), it goes that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

'Whomever you see hunting anything therein (i.e. Madeenah) then it is lawful for you to despoil such a person.'

As for the prohibition of hunting in Wajj and the prohibition of cutting its trees, the proof for that is the hadith recorded on the authority of az-Zubayr – may Allâh be pleased with him – that the Prophet – Sallallâhu alayhi wa sallam – said:

'Indeed hunting in Wajj and cutting its trees are sacred; there are held sacred to Allâh the Mighty and Most Sublime.'

Ahmad and Abu Dâwud recorded it; so also al-Bukhârî in his Târîkh. Al-Mundhirî – may Allâh bestow mercy on him – held it to be hasan while ash-Shâfi'î – may Allâh bestow mercy on him – held it to be authentic.

Wajj is a valley in Taif.

Ash-Shâfi'î and al-Imâm Yahyâ are of the view of the purport of the hadith and that is the truth. Those who criticized the hadith have not come with a convincing explanation that can justify their criticism which can necessitate non-existent of what the hadith contains of liability.

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