of oiling the head, it requires fidya (expiation); because it [removes dishevelment] (4), it is similar to if it were scented. Our stance is that the obligation of fidya requires evidence, and there is no evidence for it in the text or consensus. It is also not valid to make an analogy (qiyas) to perfume, for perfume requires fidya even if it does not remove dishevelment, and it is the same whether applied to the head or elsewhere, whereas oil is different. Furthermore, it is a fluid for which fidya is not required when used on the body (5), so it is not required when used on the head, just like water.

588 - Issue: He said: (And he shall not intentionally sniff perfume.)

Meaning he does not intentionally sniff it from others by an action of his own, such as sitting with perfume sellers for that purpose, or entering the Ka'bah while it is being incensed to smell its fragrance, or carrying with him a sachet containing musk to find its scent. Ahmad said: Glory be to Allah, how can this be permissible? Al-Shafi'i permitted this, except for the sachet that is with him which he sniffs, for his companions differed regarding it; because he is sniffing perfume from something other than himself, it is similar to if he had not intended it. Our stance is that he has sniffed perfume intentionally, initiating it while in ihram, so it is prohibited, just as if he had directly touched it. This is confirmed by the fact that the intent is to sniff it, not to touch it, as evidenced by the fact that if he touched a dry substance that does not cling to his hand, there would be nothing upon him, but if he lifted it with a cloth and sniffed it, fidya would be obligatory upon him, even if he did not touch it. As for sniffing it without intent—like someone sitting near a perfume seller for his own necessity, one who is inside the market, or inside the Ka'bah to seek blessing from it (2), and someone who buys perfume for himself or for trade (3) without touching it—then he is not prohibited from doing so, because it is impossible to avoid this, so it is pardoned, unlike the first case.

589 - Issue: He said: (And he shall not cover any part of his head, and the ears are part of the head.)

Ibn al-Mundhir said: The scholars have reached consensus that the muhrim is prohibited from covering his head.