575 - Issue: He said: (And he may buckle on the sword in case of necessity).

The total of this is that if the Muhrim needs to buckle on a sword, he may do so. This is the opinion of Malik. 'Ata', al-Shafi'i, and Ibn al-Mundhir permitted buckling it on. al-Hasan disliked it. The first [view] is more appropriate, due to what Abu Dawud (1) narrated with his chain of narration from al-Bara', who said: When the Messenger of Allah (may Allah bless him and grant him peace) made peace with the people of al-Hudaybiyah, he made peace with them on the condition that they would not enter it except with the sheathed weapons—meaning the scabbard with what is inside it. This is clear in the permissibility of carrying it when needed, because they did not feel secure that the people of Makkah would not break the treaty and violate the pledge, and they stipulated carrying the weapon in its scabbard. As for without fear, Ahmad said: No, unless there is a necessity. He only forbade it because Ibn Umar said: The Muhrim shall not carry a weapon in the Haram. Analogy dictates its permissibility, because that is not in the meaning of the worn item that is explicitly prohibited. For this reason, if he carried a water skin (qirbah) on his neck, it is not forbidden for him, nor is there a fidyah upon him for it. Ahmad was asked about the Muhrim who places his bag (jirab) on his neck in the likeness of a water skin, and he said: I hope there is no harm in it.

576 - Issue: He said: (And if he casts the qaba' [outer garment] and the dawaj [heavy cloak] (1) over his shoulders, he shall not insert his hands into the sleeves).

The apparent meaning of this wording is the permissibility of wearing the qaba' as long as he does not insert his hands into its sleeves. This is the opinion of al-Hasan, 'Ata', and Ibrahim, and Abu Hanifah also stated this. al-Qadi and Abu al-Khattab said: If he inserts his shoulders [into the qaba'] (2), a fidyah is due upon him, even if he does not insert his hands into its sleeves. This is the school of thought of...