Question (Q-11):
A man has performed Umrah but he has come back into normal (sewn) clothes without shaving or trimming his hair. What is the ruling for him? He is still in Makkah Al Mukarramah at the moment.
Answer:
In the Name of the Almighty
Answer with the Help of the Bestower:
In order to come out from the state of Ihrām, it is necessary to either shave or trim the hair of at least a quarter the head. Until shaving (Halq) or trimming (Taqsīr) is not done, one will remain in the state of Ihrām and the rules that apply to a person in the state of Ihrām will continue to apply to this person. It is stated in Al Fatāwā Al Hindiyyah;
ولو لم يحلق حتي طاف بالبيت لم يحل له شيء حتي يحلق كذا في التبيين1
“And if he does not shave his head to the extent that he performs Tawāf of the Ka’bah, nothing is permissible for him (that is permissible outside of Ihrām) until he shaves. This is what is stated in At Tabyīn.”
It is stated in Al Maslak Al Mutaqassit fil Mansak il Mutawassit;
لأن الحلق والتقصير واجب فلا يقع التحلل إلا بأحدهما2
“Because shaving or trimming is Wājib (obligatory). Coming out of Ihrām cannot occur without one of them.”
As the person enquired about has not trimmed or shaved his head, he is still in the state of Ihrām. It is necessary for him to shave or trim his hair in order to leave the state of Ihrām. Because he has worn sewn clothes whilst in the state of Ihrām, he will have to give penalty for this error. If he has worn sewn clothes for at least a complete day and night then he has to sacrifice a sheep in the boundaries of the Haram of Makkah. If he has worn sewn clothes for a timespan that is less than one complete day and night then Sadaqah is necessary upon him. It is stated in Al Hidāyah;
وإن لبس ثوبا مخيطا أو غطي رأسه يوما كاملا فعليه دم وإن كان أقل من ذلك فعليه صدقة3
“And if a person in the state of Ihrām wears sewn clothes or covers his head for a complete day then Damm (sacrifice of a sheep) is necessary upon him. If it is less than a complete day then Sadaqah is necessary upon him.”
If he wore sewn clothes and also covered his head (with a hat or a turban for example) then this will be classed as one error and only one Damm or one Sadaqah will be necessary for this error. It is stated in Al Bahr Ar Rāiq;
والتحقيق أن تغطية الرأس من جملة لبس المخيط فهي جناية واحدة4
“The established position is that covering the head comes under the general meaning of wearing sewn clothes. Therefore (wearing sewn clothes and covering the head) is one mistake.”
Therefore the person will have to pay a penalty (Kaffārah) due to wearing sewn clothes whilst in the state of Ihrām which will either be Sadaqah (if he wore them for less than a complete day) or Damm (sacrifice of a sheep-if he wore them for one complete day or more).
Allah the Exalted knows best and His Knowledge is Most Complete and Most Sublime.
Written by: Shaykh Omar Khan
Verified by: Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
