Smell (raiha) in the rulings: purity, pilgrim, mosques, harm, the drinker and the wife

الرائحة

Smell is an accident perceived by the sense of smell, whether pleasant or foul; the word rih is used by some only for a pleasant scent. ¹ Its ruling changes with the chapter of law. ¹ If an impurity or a mixed substance changes the smell of water, most jurists say the water loses its purifying power, while the Hanafis say it does not unless its nature as water is lost. ² A pilgrim in the state of ihram may not use scents whose smell is intended, but fruit with a pleasant smell is not forbidden. ² Mosques are to be perfumed and kept free of foul smells such as garlic and onion, and a person with such a smell is kept from the congregation. ² ³ The smell of wine on a drinker's breath does not prove the hadd penalty in the view of most jurists, but the Malikis accept it. ³ ⁴ A husband may forbid his wife what gives him an unpleasant smell, and he may require her to remove foul odours from her body and clothes. ⁴

Summary

Smell (raiha) is an accident perceived by the sense of smell, pleasant or foul; some use the word rih only for a pleasant scent. ¹

General ruling

The ruling depends on the chapter of law in which the smell matters. ¹

Purity of water

If an impurity changes one of the attributes of water, most jurists say the water loses its purifying power, since it is no longer water in the plain sense; the Hanafis say it keeps it unless its nature as water is lost. ² A scent that merely passes near the water without mixing with it does not take away its power. ²

Scent for the pilgrim

A pilgrim in ihram may not use what is worn for its scent, such as musk and aloes, but may use what is not worn for its scent, such as apples or citron. ²

Smells in mosques

Mosques are to be perfumed and kept free of foul smells such as garlic and onion; a person who has eaten them is kept away, and the Malikis allow releasing wind when there is need. ² ³

Harm from smell

A person who runs a smelly workshop among homes and causes deaths by it is liable, because he has broken custom. ³

Proof of drinking wine

Most jurists hold that the smell of wine on a person's breath does not prove the hadd penalty, because of other possibilities; the Malikis accept it. ³ ⁴

Meat and milk of the jallala animal

Most jurists dislike eating its meat and drinking its milk when impurity has changed their smell; the Shafi'is forbid them. ⁴

The husband's right

A husband may forbid his wife what gives him an unpleasant smell, and may require her to remove foul odours from body and clothes. ⁴

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8564

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8565

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8566

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8567

Allusion to a proposal during the waiting period

In his commentary on verse 235, Sha'rawi holds that allusion to a proposal to a woman in her waiting period is allowed, while open declaration and a secret promise are forbidden, and that the firm resolve to marry may not be made until the waiting period ends. He reads the contract as passing through three stages: allusion, resolve, and the contract.