Ihram (the state of consecration for hajj or umra)

In the lexicon, ihram means to proclaim the hajj or the umra and to enter the state of sanctity. In jurists' usage it means, when unqualified, entering the hajj or the umra; the term is also used for entering prayer, as in «the takbir of ihram». ¹

For the Hanafis it is entering certain prohibitions, valid only with intention together with a mention of God or the distinguishing act of driving the sacrificial animal. For the Malikis, Shafi'is and Hanbalis it is the intention to enter the prohibitions of hajj or umra. ^{2 3}

All scholars agree that ihram is an obligation of the rite. The Malikis, Shafi'is and Hanbalis count it a pillar; the Hanafis count it a condition in one respect and a pillar in another. ^{2 3}

Its validity requires Islam and intention; the Hanafis add the talbiya or what stands in for it. The talbiya is the words «here I am, O God, here I am». It is a condition for Abu Hanifa and Muhammad, an obligation for the Malikis, and a sunna for the Shafi'is and Hanbalis. ^{3 4 5}

For the Hanafis, any speech that glorifies God stands in for it, and so does garlanding and driving the sacrificial animal with the intention to go along. ⁶

Entering ihram without naming the rite is valid by agreement, and it binds the person to all its rules. The Shafi'is and Hanbalis require the rite to be named before any act; the Hanafis and Malikis judge by the first act performed, circling the House or standing at Arafat. ^{6 7}

Entering ihram in the same way as another person is valid, and according to the majority it takes the form of that person's ihram. ^{7 8} A stipulation made at the start («if a hinderer holds me back, my release is where you hold me») is valid for the Shafi'is and Hanbalis and allows release when hindered; the Hanafis and Malikis hold it invalid. ⁸

Joining the hajj to the umra takes several forms, depending on the timing and the status of the pilgrim. For the Hanafis, qiran is disliked for a Meccan; if he does it, it is lawful but he owes a make-up sacrifice. For a man from afar, joining the hajj to the umra before circling for it makes him a qarin; for a Meccan, the umra is abandoned and he owes a sacrifice for abandoning it. ^{9 10} The Malikis and Hanbalis allow joining the hajj to an umra already begun, making the pilgrim a qarin; the Shafi'is forbid it once circling has begun and allow it before. ^{10 11} Adding an umra to a hajj already begun is not valid for the Malikis, Shafi'is and Hanbalis, so no qiran results; the Hanafis and Malikis dislike it. ¹²

If a pilgrim enters ihram for two hajjs or two umras, the majority hold that it takes effect with one and the other is void; Abu Hanifa holds that both take effect and one must be made up. ¹²

Ihram divides by what the pilgrim intends to perform: ifrad, which is intending the hajj alone or the umra alone; qiran, which joins the two; and tamattu', which performs the umra first and the hajj after it in the same season. Each school defines these differently. ^{13 14}

The obligations of ihram come down to two: that the ihram begins at the miqat, and that it is guarded against the prohibited acts. ¹³

A miqat is, in the lexicon, a set time or place; in law, the set places and times for a specific rite. Ihram has a time miqat and a place miqat. ^{13 14}

The three imams and Ahmad fix the time of ihram for the hajj as Shawwal, Dhu al-Qa'da and the first ten days of Dhu al-Hijja; for Malik it runs to the end of Dhu al-Hijja. Part of this span is the time for beginning ihram, and part is the time for release. ^{14 15} The Hanafis and Hanbalis count the day of sacrifice among the months of hajj; the Shafi'is count only its night. ¹⁵ The Hanafis, Malikis and Hanbalis allow ihram for the hajj before its months, with dislike; the Shafi'is hold that it does not make a hajj and so is an umra. ^{15 16}

The umra may be performed at any time in the year, and it is recommended in Ramadan. The Hanafis hold it disliked as forbidden on the day of Arafa and four days after; for the Malikis, a pilgrim already in hajj cannot begin an umra until he has finished the hajj rites. ^{16 17}

People stand in four categories with regard to the places: the one from afar, whose home lies outside the miqat zone; the one of the miqat; the one of the sanctuary; and the Meccan. ¹⁷ The places fixed for those coming from afar are agreed: Dhu al-Hulayfa for the people of Madina and those who pass it, al-Juhfa for Syria, Egypt and the Maghrib, and Qarn al-Manazil for the people of Najd. ¹⁷

The miqat for the people of Yemen is Yalamlam, and for Iraq and the rest of the East it is Dhat Irq; the miqats are fixed by the sunna and by consensus. ¹⁸ Dhat Irq is disputed: al-Shafi'i and Malik hold that it was fixed by Umar's judgment, which the Companions accepted and so became consensus; the Hanafis, Hanbalis and most Shafi'is hold it was fixed by text. ^{18 19} Whoever passes a miqat intending one of the rites must enter ihram there; delaying it past the miqat is forbidden by agreement, and beginning at its far edge is best. ¹⁹ The place counts, not the village's name; entering ihram at the miqat or at its alignment suffices, and Umar's alignment for Dhat Irq made alignment the agreed basis. ^{19 20} For someone passing two miqats, the Shafi'is and Hanbalis require ihram at the farther one; the Malikis allow the nearer; the Hanafis allow either and dislike delay. ²⁰ Entering ihram before the place miqat is lawful by agreement; the Malikis, Shafi'is and Hanbalis dislike it, and the Hanafis consider it better when the pilgrim is safe from breaking the rules. ^{20 21} Whoever passes the miqat without ihram intending a rite is sinful and must return and enter ihram there; if he does not return he owes a sacrifice, but one who does not return for an excuse such as fear of missing Arafa or severe sickness is not sinful. ²¹ The resident of the miqat zone takes his place as the miqat according to the Malikis, his village or encampment according to the Shafi'is and Hanbalis, and the whole zone according to the Hanafis. ²¹

All schools agree that whoever lives in Mecca or the sanctuary enters ihram for the hajj from where he is, following the rule «whoever is nearer, from where he began». ^{22 23} In detail, the Hanafis require the resident of the sanctuary to enter ihram from the sanctuary, the mosque being better; the Malikis distinguish those who begin with hajj from those who begin with qiran. ^{22 23}

The umra miqat for those in Mecca is the lawful zone outside the sanctuary from any point. The majority prefer al-Ji'ranah; the Hanafis prefer al-Tan'im. ²³

Some things lawful at other times are forbidden in ihram, to remind the pilgrim of his rite and to train him in simplicity and equality. ²³ The core rule for a man's dress is that he may not cover all or part of the body with stitched or fitted cloth: no shirt, turban, trousers, hooded cloak or socks, and no garment touched by saffron or wars. ^{23 24} A qaba (a long coat) or similar: the Malikis, Shafi'is and Hanbalis forbid placing it on the shoulders; the Hanafis allow it without sewing the sleeves on. A man with no waist-wrap may wear trousers, with a sacrifice owed according to the Shafi'is and Hanbalis. ^{24 25} A man with no sandals cuts the socks below the ankles and wears them, according to the majority; Ahmad in the accepted view differs. ²⁵

The Malikis and Hanbalis forbid wearing a sword without need; the Hanafis and Shafi'is allow it. ²⁶ Covering the head, or part of it, is forbidden by agreement; the Hanafis and Hanbalis define covering as what is meant as a cover by custom, and the Malikis and Shafi'is as what counts as a covering. ^{26 27} Placing a hand on the head is forbidden to the Malikis but not to the Hanafis or Hanbalis. Carrying something that is not a cover is not forbidden for the Hanafis unless it is meant as a cover. ^{26 27}

Shade from something fixed to a base, such as a tent roof, a house or a roofed car, is lawful by agreement; shade from something not fixed is lawful for the Hanafis, Shafi'is and in one Hanbali view, and forbidden by the Malikis. ^{27 28}

A man may not cover his face; this is the majority view, and the Shafi'is in the sounder view allow it. ²⁸ Gloves are forbidden to men by agreement. ^{28 29} A woman in ihram may not cover her face with a niqab, by agreement; the exception is need or fear of temptation, when she may let a cloth fall from above without it touching the face. ²⁹ A woman in ihram may not wear gloves according to the Malikis and Hanbalis and the accepted Shafi'i view; the Hanafis allow covering the hands. ²⁹

The rule covers anything that perfumes the body, removes its untidiness, or ends the state of ihram's disorder. The root is the Qur'anic command in the chapter of the Cow (al-Baqara, aya 196); the verse is not quoted here. ³⁰ These include shaving the head, removing hair from the body, cutting nails, oiling and scent. ³⁰

The pilgrim may not shave his head or another's; trimming is the same, and so is removing a little hair, by plucking, burning or depilatory. ^{30 31} Shaving a lawful person is disputed: the Hanafis and one Maliki view forbid it, while another Maliki view and the Shafi'is and Hanbalis allow it. ³¹ Cutting nails is forbidden by agreement, and removing hair from the rest of the body is forbidden by analogy with the head. ³¹

The majority forbid oil even when unscented, because it adds comfort and adornment; the Shafi'is limit the ban to the head and beard, and the accepted Hanbali view allows it on the whole body, since a sacrifice needs a proof. ^{31 32}

Scent is defined differently by each school: for the Hanafis, what has a pleasant smell from which perfume is made; for the Shafi'is, what is meant mainly for its smell; for the Hanbalis, what is scented and used for smelling; the Malikis divide it into masculine and feminine kinds. ^{32 33} The pilgrim may not use scent on his waist-wrap, cloak, bedding or sandals, nor perfume his body even for treatment, nor drink or eat pure scent. ³³ If scent is mixed into food, the ruling depends on whether it was cooked, how much scent there is, and whether its smell remains. ^{33 34}

Smelling scent without touching it is disliked by the Hanafis, Malikis and Shafi'is, with no penalty; the Hanbalis forbid it and require a sacrifice, as with musk and camphor. ³⁴

Game in the lexicon is hunting and catching; in law, for the Hanafis it is the wild land animal that resists capture by legs or wings and is wild by nature; for the Malikis, wild by nature; for the Shafi'is and Hanbalis, the wild land animal whose meat is lawful. ³⁴ The prohibition on hunting for the pilgrim rests on the Qur'an (al-Ma'ida, ayas 95-96), the sunna (the hadith of Abu Qatada) and consensus. ^{34 35} Sea game is lawful to the pilgrim and to others, by text and consensus. ³⁵ The pilgrim may not kill or harm game, such as breaking its legs or wing, frightening or holding it; nor help in hunting it by pointing, signalling or lending a knife; nor order its killing; nor take ownership of it by buying, selling, gift or bequest. ^{35 36} He may not benefit from game, by eating its meat, milk, eggs or its roasted flesh. ³⁶ On eating game caught by a lawful person there is disagreement: Ali, Ibn Umar and Ibn Abbas forbid it; the majority allow it if it was not caught for the pilgrim; the Hanafis allow it unless the pilgrim ordered or pointed to it. The majority cite the hadith «land game is lawful to you as long as you do not hunt it or have it hunted for you». ^{36 37}

By "the sanctuary" here is meant Makka and the sacred zone around it. ⁶³ Among its special rules is the prohibition on hunting its game for a lawful person as it is for the pilgrim; the scholars agree on this, on the report that Makka was made sacred by God, so that its trees are not cut, its game is not startled, and its lost things are not picked up except by one who announces them. ⁶³ Branch rulings on this developed in the schools and are traced to the root "h-r-m". ⁶³

The scholars agree that the following may be killed in the lawful zone and in the sanctuary, by the pilgrim or anyone else, whether or not they first attack, and that no penalty is due for killing them: the crow, the kite, the wolf, the snake, the scorpion, the mouse and the rabid dog. ⁶³ The basis is the report from Ibn Umar, in which the Prophet named five creatures on which the pilgrim commits no offence in killing: the crow, the kite, the scorpion, the mouse and the rabid dog; it is agreed upon by the compilers. ⁶³ The word "crow" occurs both unqualified and qualified, and the scholars read it as the carrion crow that eats carcasses. ⁶³ Ibn Hajar, in Fath al-Bari, reports agreement that the small grain-eating crow, called the field crow, is excluded: it may not be killed, and hunting it is forbidden. ⁶³ Ibn Hajar also noted further creatures reported beyond the five, the wolf, the panther, the snake and the viper, and held that the wolf and panther were glosses by some transmitters on "rabid dog", with some doubt attached to parts of this. ⁶³ The Malikis made distinctions. Killing the mouse, snake and scorpion is allowed without limit, whether small or large and whether or not they first harm. ^{63 64} For the small crow and kite, which have not reached the point of harm, they differ: one view allows killing them, since the word "crow" is general; the other forbids it, since the reason for permission, harm, is absent in the small bird, and on this view no penalty is due. ⁶⁴ For creatures that can be lawfully slaughtered, such as the crow, kite, mouse and wolf, the Malikis set a condition: they may be killed only to repel their harm and not with intent to slaughter them; killing with intent to slaughter is not allowed and carries a penalty. ⁶⁴

The Malikis allow killing every creature harmful by nature that the hadith does not name, such as the lion, panther, leopard and all beasts of prey. The Shafi'is and Hanbalis state that it is recommended to kill them without any condition. ⁶⁴ For a bird not named, the Malikis require that it be feared for life or property and that the harm can be averted only by killing it. ⁶⁴ The Hanafis say that beasts of prey and similar birds such as the falcon and hawk, trained or untrained, are game and may not be killed, except when they attack the pilgrim; in that case killing them is allowed without penalty. One Hanafi report allows killing them in all cases. ⁶⁴ The Hanafis exclude the dog and the wolf from the category of game. ⁶⁴ The majority extend the rule to every harmful creature, citing the report from Abu Said al-Khudri (may God be pleased with him) that the pilgrim may kill the aggressive beast, the rabid dog, the mouse, the scorpion, the kite and the crow, and the agreed hadiths ordering the killing of the rabid dog. Malik said that every creature that bites people, attacks them and frightens them, such as the lion, panther, leopard and wolf, is a rabid dog. ⁶⁴ The Shafi'is and Hanbalis add to what may be killed in the sanctuary and in ihram every creature whose meat is not eaten. ⁶⁴

Vermin and insects are not included in the prohibition on game. ⁶⁴ The Hanafis hold that there is no penalty for killing harmless vermin, but that killing a harmless creature is not lawful for them even where no penalty is due. Their examples include the beetle, dung beetle, the black and yellow ant that does harm, the tortoise, the tick, the hedgehog, the cockroach, the bedbug, the mosquito, the flea, the fly, and the wasp. ⁶⁵ The Malikis forbid killing harmless insects in ihram and in the sanctuary, and a penalty applies; but for the lizard they say the pilgrim may not kill it, while a lawful person may kill it in the sanctuary so that it does not multiply in houses. ⁶⁵

All the scholars agree, and the community agrees, that the pilgrim is forbidden intercourse, its acts or words that lead to it, and the pursuit of desire by any means. It is the gravest of the prohibitions because it spoils the rite. ⁶⁵ The basis is the verse of al-Baqara (2:197) which denies "rafath", transgression and disputation in the hajj. ⁶⁵ "Rafath" has been explained as intercourse, as speaking of it in women's company, or as obscene speech; these readings are reported from Ibn Abbas, Ibn Umar and some successors. ⁶⁵

Transgression is departure from obedience. It is forbidden in every state, and more firmly so in ihram. Most commentators and careful scholars hold that in the verse it means committing acts of disobedience to God. ⁶⁶ Disputation means contention; early commentators said it is to dispute with your companion until you anger him. This implies a ban on every bad conduct and dealing, but enjoining good and forbidding wrong, which is needed, is not covered by the ban on disputation. ⁶⁶

These are acts whose doer is blameworthy but who owes no penalty for doing them. Stating them clarifies what may be confused. ⁶⁶

• Washing the head, body and beard with lote-leaf or similar, according to the Hanafis, because it kills vermin and softens the hair. ⁶⁶
• Combing the head forcefully, and scratching the head or body hard, since this may break or pluck hair; done gently it is permitted, with the fingertips. ^{66 67} Al-Nawawi said he knew of no dispute over permitting the pilgrim to scratch his head. ⁶⁷
• Adornment: the Hanafis state it is disliked. Kohl without perfume used for adornment is disliked; used for medicine or to strengthen sight it is permitted. The Malikis forbid kohl without perfume and require a ransom except in necessity. The Shafi'is and Hanbalis hold that kohl without perfume and without adornment, such as white kohl, is not disliked; with adornment, such as antimony, it is disliked but carries no ransom; with a need, such as sore eyes, there is no dislike. Kohl with perfume is forbidden to men and women alike by agreement. ^{66 67}

Whatever is neither forbidden nor disliked is permitted, since the default for things is permission. Among them: ⁶⁷

• Bathing with plain water or with soapy water and the like. ⁶⁷
• Wearing a ring, permitted for men and women according to the Hanafis, Shafi'is and Hanbalis; forbidden to a man according to the Malikis, with a ransom. For a woman, wearing sewn clothing over all her body is permitted except the face and hands according to the majority, and except the face alone according to the Hanafis. ⁶⁷
• Fastening a money belt or sash: permitted without restriction according to the Hanafis and Shafi'is; restricted to need by the Malikis and Hanbalis. ⁶⁷
• Looking in a mirror: permitted by the Hanafis; permitted for need but not for adornment according to the Hanbalis; disliked absolutely by the Malikis and Shafi'is, lest one see disorder and remove it. ⁶⁷
• The tooth-stick (siwak): the Hanafis state it is permitted; this is disputed. ⁶⁷
• Removing a broken nail, permitted by agreement; the Shafi'is limit it to the broken part. ⁶⁷
• Bloodletting and cupping without removing hair, permitted by the four schools; circumcision is similar. The Malikis qualify bloodletting: it is allowed for need if the limb is not bound; without need it is disliked; if the limb is bound a ransom is due. ⁶⁷
• Wrapping oneself in or wearing sewn or tailored cloth as a shawl or waist-wrap without putting it on as a garment, and laying it over the body; all these are permitted by all. ⁶⁷
• Slaughtering camels, cattle and domestic animals, since by agreement these are not game and are not among the prohibitions of ihram. ^{67 38}

The recommended acts are those whose doer is rewarded and whose omitter is blameworthy but owes nothing. They are four in total. ³⁸ First, washing (ghusl). It is recommended according to the four schools, on the basis of the report that the Prophet stripped and bathed before proclaiming his ihram, which al-Tirmidhi graded as good. ³⁸ It is recommended for every pilgrim, young or old, male or female, and the menstruating or post-partum woman is told to bathe too; she then enters ihram and performs all the rites except circumambulation of the House until she is clean. ³⁸ The time for it is flexible according to the Hanafis (in the more correct view), the Hanbalis and the Shafi'is; the Shafi'is liken it to the Friday bath. The Malikis make its recommended status depend on its being joined to the ihram. ³⁸ Second, perfume. It is among the prohibitions of ihram, yet it is recommended in preparation for ihram according to the majority; Malik disliked it. ³⁸ Its basis is the report from Aisha that she perfumed the Prophet for his ihram before he entered it, and for his exit from ihram before he circumambulated the House. ³⁸ Perfume, continued. The majority who recommend it hold that perfume whose substance remains after entering ihram is valid, relying on the second hadith of Aisha; the Malikis forbid both the substance and the lingering scent. ³⁹ Perfume on the ihram garment. The majority forbid perfuming the cloth before ihram; the Shafi'is, on the preferred view, allow it, since a lingering scent in the cloth does no harm, as with the body, the cloth being compared to the body. ³⁹ They specify, however, that if the pilgrim takes off or loses his ihram garment he may not put it on again while the scent remains; he must remove the scent first. ³⁹ The Hanafis forbid perfuming the garment for ihram and forbid wearing a perfumed ihram cloth, since that is using perfume in the ihram. ³⁹ The Malikis require removing perfume from body and cloth if one perfumed before ihram; if some of the substance remains after entry, a ransom is owed; a lingering scent in the cloth need not be removed but its continued wearing is disliked, without ransom. ³⁹ The Malikis rely on the hadith of Ya'la ibn Umayya about a man, perfumed and wearing a robe, who asked about entering the umra in it; the Prophet told him to wash off the perfume, remove the robe, and do in his umra what he does in his hajj. ³⁹ Third, the prayer of ihram. It is recommended to pray two rak'as before entering ihram, agreed by the imams, on the report that the Prophet prayed two rak'as at Dhu al-Hulayfa. ^{39 40} It is not prayed at the times when prayer is disliked, agreed by the imams, except that the Shafi'is allow it at such times for one who enters ihram from within the sanctuary. ⁴⁰ The obligatory prayer of the time suffices for the recommended prayer of ihram, as for the greeting of the mosque. ⁴⁰ Fourth, the talbiya. It is a sunna of ihram, broadly agreed; the schools differ on whether saying it with intention is a pillar, an obligation or a sunna. ⁴⁰ They agree it is recommended for the pilgrim, that one should say it often, and that it should be said aloud. ⁴⁰ The better course is to say it right after the prayer of ihram, with the intention of hajj or umra, according to the Hanafis, Malikis and Hanbalis; the Shafi'is have that view too, but the sounder view among them is to say it on mounting the beast; all these are lawful, because the practice is reported. ⁴⁰ For the pilgrim the talbiya ends, according to the Hanafis, Shafi'is and Hanbalis, when he begins to throw at the Jamrat al-Aqaba on the day of sacrifice; he stops it during circumambulation and running between Safa and Marwa. ⁴⁰ The Malikis have two views: the first, that he continues until he reaches Mecca, stops it until he has circled and run, then resumes it until the sun declines on the day of Arafa; the second, that he continues until he begins the circling. ⁴¹ For the umra the majority hold the talbiya ends when circling begins with touching the corner (the Black Stone). ⁴⁰ The Malikis say the pilgrim coming from afar says it until he reaches the sanctuary, and one who comes from al-Ji'ranah or al-Tan'im says it until he enters the houses of Mecca, the distance being short. ⁴⁰ The majority rely on the hadith of Ibn Abbas that the umra pilgrim says it until he touches the Stone; Malik relies on what Nafi reports of Ibn Umar, that he dropped the talbiya in umra on entering the sanctuary. ⁴¹ The recommended manner of entering ihram. One who intends hajj, umra or both should first remove the untidiness of his body, dress in a familiar way that does not conflict with the law and its manners, and bathe with the intention of ihram; if he is in a state of major impurity one bath suffices for both purposes. ⁴¹ Next he uses perfume that leaves no substance, as described above, and puts on two clean new or freshly washed cloths not dyed with a scented dye; a woman wears what covers her body except her face and hands. ⁴¹ He then prays two rak'as with the intention of ihram; on finishing he forms the intention in his heart and states it with his tongue, asking God to make it easy and to accept it, and then says the talbiya. ⁴¹ The one performing qiran mentions umra before hajj, so that it is not thought he joined umra to hajj, and then says the talbiya and thereby becomes a pilgrim in ihram. ⁴¹ One who performs hajj or umra on behalf of another must specify this in heart and tongue. ⁴¹ It is recommended to say the talbiya often; its best form is the transmitted one, it should not be shortened, and anything added that is transmitted is recommended, while what is not transmitted is permitted or good, with distinctions. ⁴¹ What binds the pilgrim once in ihram. Whoever enters ihram for a rite must complete it, even if it was originally voluntary; he is bound by all that the pilgrim must do, and he may leave ihram only after performing that rite. ⁴¹ What voids a rite is apostasy: if he apostatises his rite is void and he may not go on with it. ⁴¹ What spoils a rite is intercourse: he must continue his rite, then make it up the following year if it was a hajj; if it was an umra he must continue and make it up, even in the same year. ⁴² What prevents continuing a rite, namely being hindered or missing the time, is treated in its own entries. ⁴² Leaving ihram. This means exiting ihram and making lawful what had been forbidden to the pilgrim while in it. There are two kinds: the lesser and the greater release. ⁴² The lesser release is achieved by doing two of three acts: throwing at the Jamrat al-Aqaba, sacrificing, and shaving or cutting the hair. It makes lawful clothing and everything except women by agreement, perfume according to some, and hunting according to the Malikis. ⁴² The source of the disagreement is the report that Aisha perfumed the Prophet with musk before his circling of the Ifada, and the report of Umar in his sermon at Arafa that, once one has thrown at the Jamra, everything forbidden to the pilgrim is lawful except women and perfume. ⁴² Malik's view that hunting remains forbidden rests on the general prohibition of killing game for one in ihram in the Qur'an (al-Ma'ida, verse 95): the pilgrim is in ihram until he has done the Ifada circling. ⁴² The greater release is the release that makes all the prohibitions of ihram lawful without exception. ⁴² Its time begins, for the Hanafis and Malikis, at dawn on the day of sacrifice, and for the Shafi'is and Hanbalis at midnight of the night of sacrifice, following their difference on what achieves it. ⁴² The Hanafis and Malikis achieve it by the Ifada circling with shaving; the Malikis require that the circling be preceded by running, since running is a pillar for them, while the Hanafis say running is an independent obligation with no part in the release. ⁴³ The Shafi'is and Hanbalis achieve it by completing three acts: throwing at the Jamrat al-Aqaba, shaving, and the Ifada circling preceded by running, which is agreed. ⁴³ When the greater release has happened, the acts of hajj are not over: the remaining acts, such as throwing and staying at Mina, must still be done even though he is no longer in ihram, like the one who leaves prayer with the first salutation yet is still asked for the second. ⁴³ Leaving the umra. The schools agree the umra has one release, which makes all the prohibitions of ihram lawful, and it comes by shaving or cutting the hair. ⁴³ What lifts ihram: two things, fasakh (turning the intention to another rite) and rafd (abandoning it). ⁴³ Fasakh, which the Hanbalis allow against the majority, is for one who is mufrid or qarin and has not brought the offering: after circling and running he may change his intention to umra, release himself, and then start hajj, based on the preference for tamattu'; the Hanbalis rely on the hadith of Ibn Umar, while the majority forbid changing a hajj, citing the verse in al-Baqara (196) ordering the completion of hajj and umra. ⁴⁴ Rafd is abandoning the rite on the claim of releasing oneself before completing it; by the agreement of scholars it is void and does not end ihram or its rules. ⁴⁴ What voids ihram. One thing only is agreed by all: apostasy from Islam, since Islam is a condition for the rite's validity. It follows that one does not go on with the acts of what he began, unlike a defective rite; and one who becomes Muslim again after apostasy also may not continue, since his ihram is void. ⁴⁴ Special rulings of ihram. Some rulings on women have been noted earlier; here the child, the unconscious and the forgetful are treated. The scanned text has no section on the slave, which is left for later. The child's ihram. The scholars agree that a child's hajj and umra are valid, and what he performs is voluntary; when he reaches majority he owes the obligatory hajj. ⁴⁵ If his performance of the rite is valid, his ihram is certainly valid. ⁴⁵ Kinds of child. Children are of two kinds: the discerning (mumayyiz), who understands speech and answers it, regardless of age; and the non-discerning. ⁴⁵ The discerning child. The Hanafis and Malikis hold that his ihram is valid by his own act, that no proxy may enter ihram for him, and that its validity does not depend on his guardian's permission. If he enters without permission the guardian may release him or allow it, as the interest requires; if he hopes the child will reach majority, release is better, so he can take up the obligatory rite after majority; if he entered with permission, the guardian may not release him. ⁴⁵ The Shafi'is and Hanbalis hold that his ihram is valid only with his guardian's permission; the Shafi'is hold a guardian's ihram on his behalf is valid, on the sounder view, while the Hanbalis say the guardian does not enter ihram for him, for want of evidence. ⁴⁵ The discerning child does whatever he can do himself; if he cannot circle, he is carried around the House; likewise for running and the other rites; a proxy may not act for what he can do himself. ⁴⁵ The non-discerning child, or one with total insanity. His guardian enters ihram for him by intending to bring him into the sacred prohibitions of the rite; the child's own ihram is not valid, by agreement. ⁴⁵ The guardian performs the rites for him: he strips him of stitched and fitted garments if a boy, uncovers the face and hands of a girl, circles and runs with him, stands with him at Arafa and Muzdalifa, throws for him, and keeps him from the prohibitions. ⁴⁵ The two rak'as of ihram or circling are not prayed for him by the Hanafis and Malikis, and fall away; the Shafi'is have the guardian pray them for him. ⁴⁵ The Malikis relax the rule on stripping: the guardian enters ihram for the non-discerning child and strips him of his garments near Mecca if this would cause hardship or harm; if so, he enters ihram without stripping him and pays a ransom. ⁴⁶ Coming of age during the rite. If the child reaches puberty after entering ihram and goes on with the first ihram, that does not count for the obligatory hajj for the Hanafis and Malikis. ⁴⁶ The Hanafis say that if the child renews his ihram before standing at Arafa with the intention of the obligatory hajj, that counts toward it, since the child's ihram is not binding. ⁴⁶ The Malikis say his earlier ihram is not dropped, joining another ihram to it is not allowed, and it cannot turn into the obligatory rite, because the conditions for an obligatory rite (free status and legal responsibility at the time of entry) were missing; his rite is therefore a voluntary one. ⁴⁶ The Shafi'is and Hanbalis look at his state at standing: if he reaches puberty after the standing time has passed, or after leaving Arafa without returning, it does not count for the obligatory hajj; if he reaches puberty during the standing, or stands again within the time before the dawn of the day of sacrifice, it does count, though he must repeat the running if he ran after circling the arrival before puberty, with no sacrifice. ⁴⁶ For umra, the circling is in place of standing at Arafa: if he reaches puberty before the circling, it counts for the obligatory umra according to those who hold it obligatory. ⁴⁶ The unconscious person. Such a person is in one of two states: he falls unconscious before entering ihram, or after. ⁴⁶ First, one who falls unconscious before entering ihram. The Malikis, Shafi'is and Hanbalis hold that he has no ihram, and no one in his party or anyone else may enter ihram for him, even if they were told to before he lost consciousness and even if the hajj would be lost; unconsciousness is expected to pass soon. ⁴⁶ The Hanafis allow entering ihram for him, with distinctions between Abu Hanifa and his two companions. If someone heading for the House to perform hajj falls unconscious before ihram, or falls asleep while ill, and a companion intends for him and says the talbiya, or another person does so having been asked before the unconsciousness, the ihram is valid for him, he becomes a pilgrim by his companion's intention and talbiya, and it counts toward the obligatory hajj. ⁴⁶ If someone else enters ihram for him without prior instruction, it is valid according to Abu Hanifa, but not according to his companions Abu Yusuf and Muhammad. ⁴⁶ Branches. If the unconscious person recovers after another has entered ihram for him, he is in ihram according to the Hanafis and continues the rite. Others do not count the entry made for him; if he can reach Arafat in time he enters ihram for hajj and performs the rites, otherwise for umra. The rule of missing the rite does not apply to him according to the three schools, since he was not in ihram. ⁴⁷ It is not required of whoever entered ihram for the unconscious person to strip him of stitched garments or dress him in unstitched cloth; the ihram does not consist of that, but of refraining from some prohibitions. Once he recovers, he must perform the rites and refrain from the prohibitions. ⁴⁷ If the unconscious person for whom another entered ihram commits a prohibited act, he bears its consequence, even though he did not intend it; the companion who entered ihram for him is not liable, because the companion's ihram moves to him by proxy, like a guardian who enters ihram for a child. ⁴⁷ If the unconscious person does not recover, the Hanafis have two views on whether companions must bring him to the rites. One holds they need not; their acting on his behalf suffices, though bringing him is better; this is the view the fatwa relies on, provided they intend the standing and the circling on his behalf. ⁴⁷ Second, one who falls unconscious after entering ihram himself. Unconsciousness after entering ihram does not affect its validity, by agreement; so his companions must carry it through, especially the standing at Arafa, and it is valid even if he is asleep or unconscious. ⁴⁷ Forgetting the rite entered. One who entered ihram for a specific rite, such as hajj, umra or qiran, and then forgot which, must perform both hajj and umra, and acts as a qarin, according to the Hanafis, Malikis and Shafi'is. ⁴⁷ The Hanbalis say he may direct his ihram to whichever rite he chooses, and it is recommended to direct it to umra in particular. ⁴⁷ Chapter ten: the penalties for breaking the prohibitions of ihram. Definition: the penalty meant here is the compensation owed by one who commits any prohibition of ihram; the penalties are of several kinds. ⁴⁸ The ransom (fidya), when stated without qualification, means the optional ransom named in the Qur'an in the verse on ransom in al-Baqara, in which the pilgrim chooses among fasting, almsgiving and sacrifice. ⁴⁸ The offering (hady), sometimes called blood: wherever blood or offering is mentioned, a sheep suffices, except for one who has intercourse after standing at Arafa, who owes a camel by agreement. Intercourse before standing invalidates the hajj by agreement; the three schools require a camel, while the Hanafis require a sheep, and he continues the hajj and makes it up. ⁴⁸ The alms (sadaqa), when mentioned without amount in the Hanafi usage, is half a sa' of wheat or a sa' of barley or dates. ⁴⁸ Fasting, which is chosen in the ransom alternative, is three days, and it is due in place of feeding. ⁴⁸ Compensation by equivalent, for hunting, as explained later. ⁴⁸ The penalty for umra is the same as for hajj in case of violation, except that one who has intercourse during umra before performing its pillar invalidates it by agreement, and owes a sheep according to the Hanafis and Hanbalis, while the Shafi'is and Malikis require a camel. ⁴⁸ First section: the penalties for the prohibitions of comfort (taraffuh), covering clothing, anointing with oil, perfume, shaving or removing hair, and cutting nails. ⁴⁸ Basis of this penalty: all agree that one who does a prohibited act for an excuse, such as illness or to remove harm, owes a ransom and may choose among an offering, feeding six poor persons, or three days of fasting, by the text of the ransom verse and the hadith of Ka'b ibn Ujra about shaving because of lice on his head. ⁴⁸ The deliberate one with no excuse. The Malikis, Shafi'is and Hanbalis hold that he may choose as the excused one does, and bears the sin of the act, relying on the verse. ⁴⁹ The Hanafis hold that the deliberate one has no choice; he must pay a specified blood-offering or almsgiving according to the gravity of his act, because the choice was laid down for excuse, and his offence is graver. ⁴⁹ One excused by something other than harm or illness, such as the forgetful, the ignorant of the rule, the coerced, the sleeper or the unconscious: the Hanafis and Malikis treat him as the deliberate one, since the benefit reached him, and lack of choice removes the sin. ⁴⁹ The Shafi'is and Hanbalis distinguish between an offence involving destruction, namely shaving, cutting hair or cutting nails, where the penalty applies whether committed knowingly or not, and an offence without destruction, namely dress, covering the head, anointing and perfume, for which they remove the penalty from one with such an excuse. ⁴⁹ Detail of the penalty for comfort offences. The basis is analogy with the rule laid down for shaving, by the shared cause of comfort or advantage. The schools differ on the amount that creates the ransom and on whether the penalty scales with the offence. The Hanafis require the offence to be complete; others treat the act itself as the offence. ⁴⁹ First, clothing. For one who wears a prohibited garment or covers his head, the Hanafis say that if he keeps it on for a whole day or night, a blood-offering is due; the same applies to a woman who covers her face with a veil touching the skin. If it lasts less than a day or night, almsgiving is due; for less than an hour, a handful of wheat. ⁵⁰ The Shafi'is and Ahmad hold the ransom is due on wearing at once, even briefly, because comfort is gained by wrapping in cloth and the prohibition is breached. ⁵⁰ The Malikis require, for the ransom to be due for wearing a garment or socks, that one gain protection from heat or cold; a thin shirt that protects from neither owes ransom only if worn for a period like a day. ⁵⁰ Second, perfume. The three schools (Malikis, Shafi'is and Hanbalis) require ransom for any perfuming of the kind already described, without requiring that a whole limb or a particular amount of cloth be perfumed. ⁵⁰ The Hanafis distinguish body and cloth. For the body, a sheep is due if the pilgrim perfumes a whole limb, such as the head, hand or leg; the whole body counts as one limb if done in one sitting; if the sitting differs, each has its own penalty; the perfume must be removed, and one who slaughters without removing it owes another offering. ⁵⁰ Perfume on less than a limb owes almsgiving, unless the perfume is heavy, in which case blood is due. The Hanafis do not require that the perfume persist; it is due on the act. ⁵⁰ For cloth, the Hanafis require blood only with two conditions: the perfume must be heavy, covering more than a span by a span, and it must last a day or a night. If one condition fails, almsgiving is due; if both fail, a handful of wheat. ⁵⁰ Whoever perfumes another, whether the other is in ihram or not: according to the Hanafis there is nothing on the perfumer unless he touches the perfume, and on the other party blood is owed if he is in ihram, even if coerced. ⁵¹ For the three other schools the distinction is as in the shaving question, but in an excused case he is not liable for ransom if he removes the perfume promptly; if he delays, ransom is due. ⁵¹ Third, shaving or cutting hair. The Hanafis: one who shaves a quarter of his head or quarter of his beard owes blood, since a quarter stands in for the whole. ⁵¹ If he shaves his head, beard, armpits and the whole body in one sitting, one blood-offering is due; if the sittings differ, each sitting has its own. ⁵¹ Shaving less than a quarter owes almsgiving; if three hairs fall from the head or beard during ablution or scratching, each hair owes an almsgiving of a handful of food. ⁵¹ If he shaves the whole neck or both armpits, or one armpit, blood is due; a part of one armpit, however much, owes almsgiving, since shaving part is not complete advantage. ⁵¹ Trimming the moustache carries an assessed penalty: one looks at how much of a quarter of the beard the amount taken equals, and food is owed in proportion. ⁵¹ The Malikis: if he takes ten hairs or fewer and does not intend to remove harm, almsgiving of a handful of wheat is due; if he removes them to clear harm, ransom is due even for one hair; ransom is also due if more than ten hairs are removed for any reason; hair of the whole body is the same. ⁵¹ The Shafi'is and Ahmad: ransom is due for three hairs or more, and for shaving the whole head or the whole body in one sitting; for one or two hairs, a mudd per hair, and two mudds for two hairs, of wheat, for head and body hair alike. ⁵¹ If a pilgrim's hair falls out by itself without human action, there is no ransom, by agreement. ⁵¹ If a pilgrim shaves another's head, or another shaves his head (the case being shaving other than for the release), the Hanafis hold the shaved pilgrim owes blood even if unwilling. The other schools have distinctions regarding the shaver. ⁵¹ Three cases follow. First, both are pilgrims: according to the Hanafis the shaver owes almsgiving, whether by the shaved one's order or not, willingly or not, unless the shaving happened at the time of release. The Malikis, Shafis and Hanbalis: if shaved without consent, the shaver pays a ransom; if with consent, both pay a ransom, or a handful is said. ⁵² Second, the shaver is a pilgrim and the shaved one is not: the Hanafis require almsgiving from the pilgrim; the Malikis say the shaver pays a ransom, with two views on its meaning (a handful of food, or ransom). The Shafi'is and Hanbalis say there is no ransom on the shaver, as the hair has no sanctity in ihram. ⁵² Third, the shaver is not a pilgrim and the shaved one is: the Hanafis require almsgiving from the non-pilgrim; the Malikis, Shafi'is and Hanbalis say, if with the pilgrim's permission or without his objection, the pilgrim pays ransom; if without his permission, the non-pilgrim pays ransom. ⁵² Fourth, paring the nails. The Hanafis: cutting all the nails of both hands and feet in one sitting requires a sheep; so does all the nails of one hand or one foot. Cutting fewer than five nails of one hand, or five scattered ones, requires almsgiving for each nail. ⁵² The Malikis: cutting one nail in play or for comfort, not to remove harm or to break it, requires almsgiving of a handful of food; if done to remove harm or dirt, ransom is due. If he cuts it to break it, nothing is owed if it hurt him, and he is limited to the broken part. Two nails in one sitting require ransom, even without removing harm; if one nail after another, ransom if done at once, otherwise a handful for each. ⁵² The Shafi'is and Hanbalis: ransom is due for cutting three nails or more in one sitting, and for one or two nails what is due for two hairs. ⁵² Fifth, killing lice. It is attached to this section because it removes harm; the discussion concerns what is on the pilgrim's body or clothes. ⁵² The Shafi'is hold it is recommended for the pilgrim to kill lice on his body and clothes, since they are harmful creatures; the command to kill the five noxious animals is authentic, both in the sanctuary and outside it, and they add every harmful animal to it. ⁵² Lice on the head and beard. For the pilgrim it is disliked, as a precaution, to expose himself to them, lest hair be plucked out; if he kills them he owes nothing, but it is recommended to give a morsel of food for each one. ⁵³ A narration from Ahmad allows killing lice without distinction, since they are among the most harmful vermin, like fleas, relying on the command to kill the five noxious creatures in the sanctuary and outside it. ⁵³ Another narration forbids killing them with no penalty, since they have no value and are not game; the Hanafis and Malikis require almsgiving. Where a louse harms him and he can remove it only by killing it, killing it is allowed, under the maxims that harm must be removed and necessity makes forbidden things lawful. ⁵³ Part two: the killing of game. The scholars agree that a penalty is due for killing game, on the authority of the verse in al-Ma'ida (95). ⁵³ First, killing game. The penalty for wilful killing is agreed; the four schools agree that the penalty applies to unintentional killing too, since it is a compensation for destroyed property, and intent, error, ignorance, forgetting are alike. ⁵³ The penalty is, as the verse states, a like of what was killed from the livestock, and the pilgrim chooses among three options; the schools differ on how these are defined. ⁵³ The Hanafis value the game by the assessment of two just men, whether or not it has a livestock counterpart, at the place it was killed. The offender then chooses among three: buy an offering and slaughter it in the sanctuary, if the value reaches an offering (increased for edible game to two or more, but limited to one animal for inedible game, so that killing an elephant owes no more than a sheep); or buy food with the value and give it in alms, half a sa' of wheat or a sa' of barley or dates for each poor person; or fast for one day in place of each person's food. ⁵⁴ The three imams Malik, al-Shafi'i and Ahmad divide game in two. Game with a like (mithli) is one with a similar form among the camel, cattle or sheep; game without one is not like any of them. For game with a like, the offender chooses among three: slaughter the like in the sanctuary and give it in alms to the poor of the sanctuary; or value the like in money, buy food and give it in alms, though Malik says the game itself is valued and food given to the poor of the place of the hunt; or fast a day for each mudd. Game without a like must be valued, and the offender then chooses between buying food for alms and fasting a day for each mudd. Fasting may be done in the sanctuary or anywhere. ⁵⁴ The like is assessed by similarity in form and make-up. Whatever has a transmitted ruling from the early generations is followed; otherwise two just judges decide. Among quadrupeds: for the ostrich a camel, for the wild cow or wild ass a domestic cow, for the gazelle a female goat, for the hare a female goat in its second year, for the jerboa a young she-goat of four months; Malik values hare, jerboa and the spiny lizard. ^{54 55} Among birds, for each kind of pigeon a sheep, the pigeon family being all birds that drink by sipping (including the tame doves, the Qumri and the sandgrouse); a smaller bird than the pigeon is valued; a larger one such as a duck or a goose is valued, since it has no like. Malik says a sheep is owed for the pigeons and doves of Mecca and its sanctuary, and value for those elsewhere, and likewise for all birds. ⁵⁵ For the Shafi'is and Hanbalis, the like owed for a full-grown, lean, sick or healthy animal is a like from the livestock, since the verse says a like of what was killed; Malik requires an adult animal, relying on the phrase "an offering reaching the Ka'ba", since a young one could not be an offering. ⁵⁵ Second, injuring game. If the pilgrim hurts game without killing it, the penalty is owed according to the injury, according to the Hanafis, Shafi'is and Hanbalis: if he wounds it or plucks its hair, he pays the value of what was lost, the part being measured against the whole. ⁵⁵ If the injury removes its ability to escape from someone who wants to catch it, full compensation is owed according to the Hanafis and Hanbalis and one of the Shafi'i views; another Shafi'i view requires only the loss. The Malikis do not charge for what they judge will heal and do not require the difference in value. ⁵⁵ Third, milking game, breaking its eggs or shearing its wool. The value of the milk, eggs or wool is owed by the Hanafis, Shafi'is and Hanbalis, along with compensation for any loss to the animal. ⁵⁶ The Malikis say the egg carries a tenth of the mother's blood-money unless a chick emerges and cries out and then dies, when the full blood-money is due; the latter is agreed. ⁵⁶ Fourth, causing the killing of game. The penalty is owed for causing its death: by shouting at it and frightening it so that it dies, by setting a net in which it dies, by releasing a dog, by taking part in its killing, such as holding it while another kills it, by slaughtering it, by pointing it out or directing someone to it, or helping without touching it by handing over a tool or weapon. The Hanafis and Hanbalis hold such helpers liable; the Malikis and Shafi'is do not. ⁵⁶ Fifth, taking hold of game. If game dies in the hand of a pilgrim, he owes the penalty, since he took hold of it wrongfully, even if it was held in trust. ⁵⁶ Sixth, the pilgrim eating from game slaughtered or killed. If the pilgrim eats the flesh of game killed by someone else or of game killed in the sanctuary, there is no penalty for eating, even if he himself was the killer or slaughterer; the penalty is owed only if he himself did the killing or slaughter. This is the view of most scholars, including the three imams and the two companions of Abu Hanifa. ⁵⁶ Abu Hanifa holds that a pilgrim eating from another's game owes nothing, but that a pilgrim who eats from game he himself killed owes the penalty, whether he ate before or after paying it. ⁵⁷ The majority argue that this is game liable to a penalty and so is not liable twice, as if it had been destroyed without eating; and that its prohibition is because it is carrion, and carrion is not liable to penalty. Abu Hanifa argues that its prohibition arises from the pilgrim's ihram, since the ihram is what removes the game from its lawful status and the slaughterer from fitness to slaughter, so the prohibition on eating it through such means is attributed to his ihram. ⁵⁷ Part three: intercourse and its precursors. The scholars agree that intercourse in ihram is an offence requiring penalty; the majority hold that the wilful, the ignorant, the forgetful and the coerced are alike, as the Hanafis, Malikis and Hanbalis hold. ⁵⁷ Ibn Qudama said it is a matter tied to the need to make up the rite, so its wilful and unintended forms are alike, like missing the standing. The Hanbalis exempt a woman forced into intercourse: she owes no ransom, only the make-up. ⁵⁷ The Shafi'is hold that the forgetful, the insane, the unconscious, the sleeper, the coerced and the ignorant of a recent convert or one raised far from scholars do not invalidate ihram by intercourse. ⁵⁷ First, intercourse in the hajj ihram, which is an offence in three situations. The first is intercourse before standing at Arafa, which invalidates the hajj by agreement and requires three things: continuing the invalid hajj to its end, since the verse on completing hajj and umra makes no distinction between valid and invalid; making up the hajj in the future, even if it was voluntary, and it is recommended that the couple separate from the time of ihram for the make-up, which the Malikis require; and a sacrifice in the make-up hajj, which is a sheep for the Hanafis and a camel for the three imams. ⁵⁷ The Hanafis rely on the report of a man and his wife in ihram who asked the Prophet and were told to make up their rite and sacrifice an offering, and on reports from the Companions that a sheep is due; the majority rely on the fatwa of a group of Companions with no known dissent. ⁵⁸ The second is intercourse after standing and before the first release. Intercourse here invalidates the hajj and requires a camel according to the Malikis, Shafi'is and Hanbalis, as before standing. The Hanafis say it does not invalidate the hajj, and a camel is due as an offering. ⁵⁸ The three schools rely on the report of Ibn Umar about a man who had intercourse with his wife in ihram, and he was told the hajj was spoiled and was to make it up with the people, sacrifice and fast if he could not, and the report is general, with no distinction between before and after standing. The Hanafis rely on the saying that the hajj is standing at Arafa, and on the report of Urwa ibn Mudarris that whoever stands at Arafa before dawn has completed his hajj and ended his untidiness, and that the hajj cannot be spoiled after Arafa; they require a camel by the report that Ibn Abbas ordered a camel for a man who had intercourse at Mina before the departure. ^{58 59} The third is intercourse after the first release. All agree it does not invalidate the hajj, and the Malikis add that circling for the departure, even before throwing, or intercourse after the day of sacrifice before throwing and departure, is treated alike. ⁵⁹ The schools differ on the penalty. The Hanafis, Shafi'is and Hanbalis require a sheep, as the release has occurred for all but women; Malik and one Shafi'i and Hanbali view require a camel, because the offence to the ihram is grave. ⁵⁹ Malik and the Hanbalis require one who did this after the first release and before departure to go out to the sanctuary limits and perform an umra, as Ibn Abbas said, since the intercourse damaged his departure circling, which must be made up in a sound circling in a new ihram; the Hanafis and Shafi'is do not require this. ⁵⁹ Second, intercourse in umra ihram. The Hanafis hold that intercourse before performing the umra's pillar, the circling of four rounds, invalidates the umra; after the pillar is performed it is safe from invalidation. ⁵⁹ The Malikis hold that the spoiling act, if it happens before completing the running, even by one round, spoils it; if after completing the running but before shaving, it does not, since shaving is a condition of completeness for them. ⁵⁹ The Shafi'is and Hanbalis hold that if the spoiling act happens before the release from umra, the umra is spoiled, and release is by shaving, which is a pillar for the Shafi'is and an obligation for the Hanbalis. ⁵⁹ Whatever the penalty for spoiling the hajj, the continuation, the make-up and the ransom apply to the umra by agreement; the schools differ on the ransom. The Hanafis, Hanbalis and one Shafi'i view require a sheep, since umra ranks below hajj and its offence is lighter; the Malikis and Shafi'is require a camel by analogy with the hajj. ⁵⁹ The ransom for intercourse that does not invalidate the umra is a sheep according to the Hanafis and a camel according to the Malikis. ⁵⁹ Third, precursors of intercourse. Direct or close precursors, such as touching with desire, kissing and sexual contact without intercourse, require a blood-offering whether or not there is emission; the hajj is not invalidated by agreement among the Hanafis, Shafi'is and Hanbalis, except that the Hanbalis say a camel is due if there is emission. ⁶⁰ The Malikis hold that emission through precursors is like intercourse for invalidating the hajj, with the same penalties; without emission a camel is due as an offering. ⁶⁰ Distant precursors, such as looking with desire or thinking that way: the Hanafis and Shafi'is state that no ransom is due for either, even if it leads to emission; this is also the Hanbali view for thinking. ⁶⁰ The Malikis hold that if one does either for pleasure and keeps at it until emission, it is like intercourse for invalidating the hajj; if emission comes merely from thought or looking without persistence, the hajj is not invalidated, though an offering (a camel) is due. ⁶⁰ The Hanbalis: one who looks, then turns his gaze away and has emission owes a blood-offering; one who repeats the look until emission owes a camel. ⁶⁰ Fourth, intercourse by a qarin. Because the Hanafis hold that the qarin performs two circlings and two runnings, they set out the following: if he has intercourse before standing and before the circling of umra, both hajj and umra are invalid; he continues both, owes two sheep for the offence against his two ihrams, makes both up, and the qiran blood-offering falls away. ⁶⁰ If he has intercourse after completing all or most rounds of the umra circling, the hajj is spoiled but not the umra, since he performed its pillar before intercourse; the qiran offering falls away, and he owes two offerings for his repeated offence in effect: one for spoiling the hajj, and one for intercourse in the umra ihram, since he is not released from it; he makes up only the hajj, since his umra is valid. ⁶⁰ If he has intercourse after the umra circling and after standing but before shaving, even at Arafa, neither hajj nor umra is spoiled, since he performed their pillars; the qiran offering does not fall away, since both were validly performed, but he owes a camel for the hajj and a sheep for the umra. ⁶⁰ If he did not circle for the umra and then had intercourse after standing, he owes a camel for the hajj and a sheep for abandoning the umra, and must make it up. ⁶⁰ If the qarin performed the circling of visitation before shaving and then had intercourse, he owes two sheep, on the basis that the offence falls on both his ihrams, since the first release, which leads to the second, has not occurred. ⁶⁰ Chapter four: the penalties for breaking the prohibitions of ihram are four: offering, almsgiving, fasting and make-up. The rules specific to this topic follow. ⁶⁰ Section one: the offering. Its slaughter and its kinds are governed by the conditions and rules set out in the entry on offering («hady»). ⁶⁰ Section two: almsgiving. The property from which alms are given must be of the kinds from which the alms of the end of Ramadan are given, and the value and the amount per poor person follow that rule, for the feeding owed as ransom. For the penalty for game, the Malikis and Shafi'is set no fixed amount. ⁶¹ Section three: fasting. First, one who makes expiation by fasting follows the rules of fasting, above all fixing the intention in advance for an unspecified obligation. ⁶¹ Second, fasting imposed as a penalty is not tied to a time, place or succession by agreement, except for one who cannot find the offering of qiran or tamattu': he fasts three days during hajj and seven on returning home. The three days are not valid before the months of hajj, before the ihram of hajj for a qarin, or before the ihram of umra for a mutamatti', by agreement. ⁶¹ The Malikis and Shafi'is forbid a mutamatti' to fast them before entering hajj, relying on the verse on the three days in hajj; the Hanafis and Hanbalis allow it, since the time for the offering is full. ^{61 62} The remaining seven days are valid only after the days of tashriq, and after finishing the acts of hajj, even in Mecca if one stays there, according to the Hanafis, Malikis and Hanbalis; the Shafi'is prefer fasting them on returning home, and do not allow fasting them on the road unless one intends to stay in Mecca. ^{62 61} Third, one who misses the three days of hajj makes them up according to the three imams; the Hanafis return to the offering, a view also held by some Hanbalis. ⁶² The Malikis and one Hanbali view say: if he has fasted some before the day of sacrifice, he completes them in the days of tashriq; if he delays them beyond tashriq he may fast them whenever he wishes, joining them to the seven. ^{62 61} The Shafi'is in the sounder view require a gap of four days between the make-up of the three and the seven: the day of sacrifice, the days of tashriq and the time needed to reach home. ⁶² Section four: the make-up. It is owed for spoiling the rite by intercourse. The general rules of performance apply, with the make-up named in the intention to enter ihram. ⁶² The Hanafis, and one Shafi'i view, say it is made up in the following year, not immediately. ⁶² The Malikis, Shafi'is and Hanbalis say it is owed at once, even if the spoiled rite was voluntary: one performs umra straight after releasing from the spoiled umra and makes up the hajj in the coming year. ⁶² The Malikis, Shafi'is and Hanbalis say the one who spoiled the rite re-enters ihram for the make-up from the same miqat he used for the spoiled rite; if he entered from al-Juhfa, he enters for the make-up from there; the Shafi'is say that if he takes another route he enters from a point equal to the distance of the first miqat, so long as he does not pass the miqat without ihram. ⁶² The Malikis say: if in the year of spoiling he passed the miqat for a valid reason, not intending to enter Mecca at that time, then later decided to enter, entered ihram for hajj and spoiled it, he enters for the make-up from the place where he first entered ihram. ⁶²