Jinayat of Ihram

Fiqh, Hajj - Merits and Precepts / Wednesday, November 11th, 2009

At first, we formally detail below some necessary instructions about jinayat of Ihram.

Jinayat of Ihram are as follows :
(1) To use Perfume.
(2) Males to wear sewn cloths.
(3) Males to cover their heads and faces while females to cover their faces only.
(4) To remove hair from any part of one’s body.
(5) To prune nails.
(6) To kill a louse or to remove it from one’s body.
(7) To have a sexual intercourse or to enjoy kissing and embracing lustfully.
(8) To hunt any of the land animals. (Ghunya).

Instruction No 2
Restrictions of Ihram are quite different in nature from common practices of adoration. Whether the violation is committed by mistake, oblivion or by some excuse or without excuse, in any case, penalty is always obligatory in it. Every Jinayat or violation of the restriction of Ihram is always followed by a penalty irrespective of the violation being on account of ignorance, mistake, oblivion, under some compulsion, whether it is done while waking or sleeping, in a state of senselessness or intoxication, out of destitution or under some compulsion and whether it is committed by oneself or got committed by another person. Males and females are equal in this respect (Zubda). But of course, the violation by way of mistake, oblivion or excuse is not a sin. It necessitates only penalty. If a rich person violates any restrictions of Ihram without any excuse just because of the fact that he can afford the penalty i.e. Dam, he is agrievous sinner and his Hajj is not Mabror (approved). The second difference lies in the fact that the penalty for a violation without excuse is obligatory to be paid exactly as defined. Keeping fasts cannot suffice in excange. It is of course unlike the violation with excuse where such facilities have been provided as will be described further.

Instruction No 3
The penalty for Jinayat is not necessarily to be paid forthwith yet it is preferable to pay it soon. It is however Wajin to be paid before death, otherwise making a will for its payment is Wajib. In the absence of such a will if the heirs pay the penalty on behalf of the deceased person by way of benevolence towards him, it is hoped that Allah may admit it as a payment on behalf of the deceased person. The heir cannot however keep fasts on behalf of the deceased (Zubda).

Instruction No 4. Explanation Of Terminology

Dam : Wherever the word Dam is used it means sacrifice of a goat, a sheep or one seventh part of a cow or a camel. This word is subject to all the conditions defined necessary for an animal of sacrifice.

Badana. Wherever this word is used it means the whole cow or camel. The sacrifice of a whole cow or whole camel is obligatory only in two Jinayat. Firstly, in case of performing Tawaf-e-Ziyarat while one is with menses, birth-blood discharge or with pollution. Secondly, in case of having a sexual intercourse after one’s Waqof of Arafa but before Halq.

Sadaqa. This word when used unrestricted it means the fixed quantity of Sadaqat-ul-Fitr that is one and a three fourth seer of wheat or its price. Sometimes is also happens that instead of using the unrestricted word ‘Sadaqa’, you are asked to give “Some Sadaqa”. At that time it is enough to give a handful grain or its price or a loaf of bread or a Qursh in cash. But indeed, when this word “Sadaqa” has been mentioned while defining penalty for wearing sewn clothes, using perfume, pruning nails and shaving hair, it means three SA of wheat to be distributed among six Masakin (indigent persons). This penalty has been defined in case of a complete Jinayat with excuse, details of which are to follow.

The Difference Between The Jinayat With And Without Excuse
The word ‘Excuse’ used here stands for fever, suffering from cold, wound, pain, lice and all that which carries intense labour and hardship. Everlasting of ailment or the risk of life is not a condition in this connection (Zubda). Mistake, oblivion, senseless-
ness, sleep and poverty are not excuses (Zubda).

With excuse of ailment etc., if a person wears sewn clothes, uses perfume, has a hair cut or covers his head or face with a piece of cloth; or a women covers her faces with a pice of cloth in such a way that it keeps touching her face; in all such cases if the Jinayat is perfect, you have the option either to offer a Dam or to keep three fasts or otherwise a Sadaqa equivalent to Sadaqat-ul-Fitr should be distributed to each of the six Masakin. Every Miskin will be given one and a threefourth of aseer of wheat or its equivalent price. In case the Jinayat is not perfect the choice lies only in two things. Either three fasts are kept or Sadaqa is distributed to six Masakin. To use option among three or two penalties is admissible only in case of Jinayat being with excuse. In case the Jinayat is without excuse a penalty of Dam has been defined for a perfect Jinayat and that of Sadaqat for its being imperfect. This penalty will not stand as paid by keeping fasts. The details of perfect and imperfect Jinayat are as explained below :-
Explanation Of Perfect And Imperfect Jinayat
Perfection and imperfection of a Jinayat is different kinds of Jinayat. The explanation is as under :-

The Jinayat Pertaining To Use Of Perfurmery On The Body
If someone perfumed any complete part of the major parts of his body like head, beared, palm thing or a calf of his leg, the Jinayat became perfect through the perfume was used for a little time. In this case, if the Jinayat was without excuse, a Dam would be obligatory. Even if he might have washed off the perfume forthwith, yet it would not eliminate Dam obligation. In case the Jinayat was committed under some excuse there would stand the above mentioned three choices under his discretion. He might offer a Dam or keep three fasts or give charity equivalent to Sadaqat-ul-Fitr to each of the six Masakin. On the other hand if someone perfumed any of the minor parts of his body like nose, ear, eye, moustaches and finger or he used perfume on a portion of any major part of his body, the Jinayat remained imperfect wherefor Sadaqa equivalent to Sadaqat-ul-Fitr became Wajib and in case of any excuse three fasts might also suffice in place of Sadaqa (Zubda.)

Important Note
All that which is stated above is subject to the perfume being in a littile quantity. In case the perfume is in a large quantity there remains no difference whether the perfumed part is major or minor and whether it is a full part of the body or a portion thereof. In every case a Dam will be obligatory. The criterion for determining a little or a large quantity of a perfume differs in respect of different perfumery. A large quantity of a perfume is that quantity which is treated to be as such in common usage. For instance, a little quantity of Musk which stands as large in its usage, will of course be considered as large. (Ghunya);

The Jinayat Pertaining To Use Of Perfurme In Cloths
Rule Of Actoin
Suppose a person wears the clothes which have been smeared with some fragrant commodity. If the fragrance is in a large quantity but it has been spread on a portion less than a span or two, or the fragrance is in a littile quantity but it has been spread on a portion less than a span or two, or the fragnance is in a littile quantity but it has been spread on aportion more than a aspan or two, in each case a Dam is obligatory if the clothes are worn for a full day or a full night.

If a little perfume has been used on a portion less than a span or two, a Sadaqa is to be given (though the clothes might have been worn for a full day). On wearing such clothes for a time less than a day also, there is the obligation of Sadaqa (Zubda.)

For a time less than a day Sadaqa is obligatory in spite of the perfume being in a large quantity and the besmearing having been a span or two wide. The time commencing from midnight and ending on noon will be treated a full day (Zubda).

Rule Of Actoin
By taking such meal which has been cooked with some fragnance therein, there is no obligation though the meal might have become aromatic and the fragnance might have been excelling. If the fragnance has been mixed after cooking the meal as we usually mix spices, cinnamon and cardamoms etc, there will also be no obligation by taking such meal. But indeed, taking an aromatic meal is a Makroh act. On the other hand, if someone takes such a thing which has not been cooked but some fragnance has been mixed therein, as there are sauces and pickles, so in such a case if the fragnance is excelling, a Dam will be obligatory as Wajib provided the thing has been taken in a handsome quantity. In case such a thing has been taken in a little quantity Sadaqa will have to be giventhough the thing might not have become aromatic, Because, in this case the basis of the penalty is the ingredients and not the aroma. If such a meal has been taken little by little several times, Dam will be obligatory. If a fragnance is mixed with an uncooked meal (and then it is cooked) then in case of the meal being excelling (i.e. in larger quantity than the ingredients of fragnance) nothing will be obligatory though it might have been taken in a large quantity. But if the meal reamins aromatic it will stand Makroh.

Rule Of Actoin
If someone has eaten a handsome quantity of a fragnant commodity like saffron and it is applied to a major part of his mouth, Dam becomes obligatory as Wajib, If a major part of his mouth is not affected, Sadaqa will have to be given. This rule of action pertains to taking pure fragnant thing which has not been mixed with some meal (Ghunya).

Rule Of Actoin
While wearing Ihram it is admissible to drink aerated water or any other beverage or syrup wherein no fragnance has been mixed. In a fragnance-mixed beverage, if fragnance is in a little quantity, Sadaqa will be Wajib but if a person drinks it several times in one sitting, Dam will be obligatory as Wajib. In case the fragnance is excelling Dam will be Wajib by taking the beverage only once in a good quantity. (Ghunya).

Rule Of Actoin
If some perfume has been applied to Hajar-e-Aswad (as some people applyperfume to it in the days of Hajj) and the observer of Tawaf is Muharim (with Ihram), its Istilam will not be lawful. The Muhrim should make a gesture of Istilam with his hands and kiss them. If a Muhrim performed the Istilam of Hajar-e-Aswad and the perfume was applied to his face or hands a Dam would be obligatory in case the perfume so applied was in considerable quantity ; otherwise Sadaqa would have to be given (Ghunya).

Rule Of Actoin
It is not admissible for a Muhrim to lie or take rest on a perfume-applied bed. The penalty in this respect may be conjectured on fragnance smeared clothes.

Rule Of Actoin
While wearing Ihram, it is forbidden to apply henna to your head, hands or beard. If the henna was applied to your full head, full beard or one fourth of your head or beard, a Dam became obligatory provided the henna was thinly applied and not in a very thick from. In case of its being thick enough, two Dams would be obligatory ; one of applying perfume and the other for covering your head or face. This is however subject to the condition that the applied henna lasted for a full day or a full night. For a period lasting less than a day or a night, only one Dam and one Sadaqa would be obligatory as Wajib in the case of male persons while in the case of female persons only one Dam would stand obligatory as Wajib because of the fact that covering of head was not forbidden for females.

Rule Of Actoin
Dam is also obligatory as Wajib for applying henna to full palm of a hand. If a woman applied henna to the palm of her hand, Dam will be Wajib (Ghunya).

Rule Of Action
According to unanimous view of Ulama it is Makroh for a Muhrim to eat a beetle with fragrant tobacco or a cardamom. One should be very cautious in this respect as in the books of Fiqh (Islamic Jurisprudence) there are some expressions which indicate Dam obligation for this Jinayat.

Rule Of Action
If someone applies fragrant kohl (antimony powder) to his eyes once or twice, a Sadaqa will be obligatory but in case it is applied more than twice, to offer a Dam will be Wajib. For the application of kohl without any fragrance there is neither any Haram nor any obligation (Ghunya.).

Rule Of Action
It is Makroh to wear a garland of flowers in the state of Ihram. people usually do not care in this connection. International smelling of a fragrant fruit or flower is also Makroh but it does not necessitate any obligation (Ghunya).

Rule Of Action
Suppose a person applied a little quantity of perfume to some different parts of his body. If these parts when added togather become equal to a major part of his body, a Dam will be obligatory otherwise a Sadaqa will have to be paid (Zubda).

Use Of Sewn Cloths
If a person wore such clothes which were sewn or knitted or woven according to the shape of body and his wearing lasted for a full day or a full night, the Jinayat became perfect and a Dam stood obligatory. If his wearing lasted for a less time, only a Sadaqa would be Wajib. The difference of its being with and without excuse has already been detailed herein before (Ghunya).

Rule Of Action
Suppose a person entered the state of Ihram while wearing sewn clothes.So to say he intended Ihram with sewn clothes and pronounced Talbiya. Now, if after pronouncing Talbiya he continued wearing the sewn clothes for a full day, a Dam would be Wajib ; otherwise for a less time a Sadaqa equivalent to Sadaqat-ul-Fitr became Wajib (Ghunya).

Wearing Socks Or Shoes
It is forbidden in Iharam to wear the socks and the shoes which may cover up to the raised up bone in the middile of your foot. (As it is usually covered by the English boots and by some of the locally made shoes ). If someone continued to wear such shoes or socks for a full day or a full night, a Dam became Wajib ; otherwise for a less time only a Sadaqa equal to a Sadaqat-ul-Fitr became obligatory (Ghunya).

The Jinayat Of Covering Your Head And Face
If a man covered his face or head or if a woman covered her face only with a piece of cloth etc. and continued covering for a full day or a full night, the Jinayat became perfect and a Dam became obligatory. In case of this covering for a less time, a Sadaqa would be Wajib. Women are required to cover their heads in the state of Ihram as necessarily as in usual circumsta-
nces. If they uncovered their heads they fell under no obligation because this covering of thier heads was not a part of their Ihram. It related to the common practices usually required from them.

Rule Of Action
If your head was covered while you were sleeping a Sadaqa became obligatory as being awake and sleepy had no difference in this respect. But indeed, a sleeping person would not be sinful (Zubda).

Rule Of Action
If a peson continued wearing sewn clothes for a full day, or covering his head or face for a full day and offered a Dam in expiation thereof, but at the same time he further kept the clothes in use as before, another Dam would have to be offered in expiation. In case of not offering the middling Dam, only one Dam will suffice (Zubda).

Rule Of Action
To cover one fourth of your head or one fourth of your face is considered as to cover your full head of full face (Zubda).

The Jinayat OF Having Your Hair Shaven Or Cut
In case you have your hair cut or shaven for one fourth or more of your head or beard, or remove them by means of some medicine, or you pull them out ; in each case, irrespective of its being committed wilfully or helplessly, the Jinayat is perfect and in penalty thereof a Dam is obligatory (Zubda).

Rule Of Action
Similarly, if you have your full armpit shaven or you shave all the hair below your navel or you have the hair of your full neck shaven, in each case a Dam is obligatory (Zubda).

Rule Of Action
In case you pruned the nails of all your four hands and feet in one sitting or you pruned all the nails of only one hand and one foot, the Jinayat became perfect and a Dam stood obligatory.

Rule Of Action
If you shaved or cut only two or three hair, you would have to give in expiation of every hair a Sadaqa of a handful of wheat or a piece of beard. In case of more than three hair a full Sadaqat-ul-Fitr would be Wajib.

Rule Of Action
If the hair fall without any act of Muhrim, nothing is obligatory and if they fall with such an act of Mohrim with which he has been entrusted by Allah like ablution, one handful of wheat will then suffice the expiation of even 3 hair (Zubda).

Rule Of Action
Suppose a Mahrim shaves one fourth or more of the head of another Muhrim. In this case, the shaver is under obligation of Sadaqa and the one who got his head shaven is obliged to offer a Dam (Zubda).

To Kill Lice
If a person killed a louse or put his clothes in sunshine so that the lice are killed or he washed his clothes in order to kill them, he would be obliged to give a piece of bread in expiation of one and a handfull of wheat in expiation of two or three lice, in whatever number they may be he would fall under the obligation of Sadaqa i.e. half a Sa (Zubda).

Rule Of Action
If a person put his clothes in sunshine or he washed them and thus the lice were killed but the had no intention to kill them, nothing became obligatory (Ghunya).

Rule Of Action
To get a louse of one’s body killed by some one else or to catch it and throw it down alive on the ground or to give it to some other person in order to kill it ; all such cases are equal and attract the obligation of penalty (Ghunya).

Jinayat Pertaining To Sexual Inclinations
To kiss a woman or a young beardless lad lustfully or to touch anyone of them with sexual inclination all such acts attract the obligation of Dam. This is irrespective of one’s being seminally discharge or not.

Rule Of Action
If a person had a sexual intercourse before Tawaf-e-Ziyarat, his Hajj stood nullified. Its Qadha became obligatory the next year or on the years thereafter. A Dam, that is to offer a sacrifice of a goat also stood Wajib. If both were Muhrim, both would fall under the obligation of offering a Dam separately. It would not be lawful abandon the practices of Hajj on account of the Hajj thus being nullified. Indeed, all the practices of Hajj would stand Wajib to be discharged like other usual pilgrims. But even then, the Hajj obligations would not stand discharged. Its Qadha would be wajib next year. If the unllifed Hajj was a Fardh Hajj, the obligation of its Qadha was obvious and if it was a Nafl Hajj, since it also became Wajib on being taken a start, thus its Qadha also became necessary (Ghunya).

Rule Of Action
If a person had a sexual intercourse after Waqof-e-Arafat but before having his head shaven, his Hajj did not stand nullified yet he would be bound to offer a Badana i.e., to offer a sacrifice of a full cow or a full camel (Ghunya).

Rule Of Action
If a person had a sexual intercourse after having his head shaven but before Tawaf-e-Ziyarat, his Hajj did not stand nullified in this case as well, yet in penalty thereof a goat would be Wajib. Some learned people in this case as well have defined Badana as Wajib (Ghunya).

To Hunt While Wearing Ihram
Rule Of Action
To hunt land animals, to injure them, to break their legs, to prune their feathers, to break their eggs, to milk them or to make a signal for their hunting or to lead a hunter towards them ; all of these practices have also been forbidden while wearing Ihram. They all attract the obligation of penalty, details of which may be seen in detailed books.

Rule Of Action
Slaughtering and eating the meat of a goat, a cow, a camel, a buffalo, a hen or any other tame animal are lawfully permissible while wearing Ihram (Gunya). But indeed, it is prohibited to slaughter a pigeon in every case, even if the pigeon is tame. This rule has been discussed. . . . in a separate article as many of the dwellers of Haram consider as permissible to slaughter a tame pigeon, which is wrong.

Rule Of Action
To kill a locust while wearing Ihram is also forbidden. For killing one, two or three locusts the pilgrim has to give a Sadaqa in whatever quantity he likes Hazrat Umar said, “One date is better than a locust” (Mu’atta Mohammad). In case of more than three locusts half a Sa of wheat is to be given (Zubda). The rule for killing a locust in Haram is the same as its killing while wearing Ihram (Ghunya).

To Hunt The Pray Of Haram Or To Cut It’s Tree
Rule Of Action
Hunting in Haram is forbidden (Haram) for Muhrim and non-Muhrim (with and without Ihram) both. Moving of the grass and cutting down the trees of Haram are also prohibited. They attract penalties. In case of such happening some Alim (learned man) should be consulted. Mina and Muzdalifa are included in the boundaries of Haram and as such grass moving etc., must be avoided here. The open field of Arafat is outside the precincts of Haram. There is no harm to now grass here.

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