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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 124Section

Translation · EN

or water for tayammum (dry ablution), or a slave one cannot afford to emancipate. This is because the inability to wear them stands in the place of their absence regarding the permissibility of wearing the khuff; therefore, it also applies to the dropping of the fidyah. However, the explicit text (nass) states that a fidyah is upon him, based on the Prophet's saying: 'Whoever does not find two sandals, let him wear the two khuffs' (18), and this person is a finder of sandals.

Section: It is not permissible for a Muhrim to tie his rida' (upper garment) or anything else, except for the izar (lower garment) and the himyan (money belt) (19). He may not attach a button or a loop to them, nor may he fasten them (20) with a thorn, a needle, or thread, because that is in the ruling of a sewn garment. Al-Athram narrated from Muslim ibn Jundub, from Ibn Umar, who said: A man came to him asking him while I was with him, 'May I overlap the two ends of my garment behind me and then tie it?' while he was in ihram. Ibn Umar replied: 'Do not tie anything upon it' (21) (22). From Abu Ma'bad, the freed slave of Ibn Abbas, it is reported that Ibn Abbas said to him: 'O Abu Ma'bad, button my tailasan (shawl) for me,' while he was in ihram. He asked him: 'You used to dislike this.' He replied: 'I intend to pay the fidyah.' There is no harm in one draping a shirt over himself or wearing it as a rida', or wearing a rida' that is stitched together, provided he does not tie it, because what is forbidden is that which is sewn to fit a limb.

Section: It is permissible to tie one's izar over it because one needs it to cover the 'awrah (intimate parts), so it is permissible, just as clothing is for a woman. If he fastens his waist with a handkerchief, a rope, or a sarawil (trousers), it is permissible provided he does not tie it. Ahmad said regarding a Muhrim who bound a turban around his waist: 'Do not tie it; rather, tuck some of it into other parts.' Tawus said: 'I saw Ibn Umar circumambulating the House [wearing a turban] (24) that he had tied around his waist, so he tucked it in like this.' It is not permissible to split the bottom of his izar in half and tie each half around a leg, because that resembles trousers.

Notes

(18) Its takhrij (authentication/source) was previously mentioned on page 120. (19) Al-Himyan: A bag for funds tied around the waist. (20) In [M]: 'yukhalliluhu' (he fastens it). Khallahu means to gather its edges with a skewer/fastener. (21) In the original: 'alayka' (upon you). (22) Collected by Al-Bayhaqi in: 'Chapter: The Muhrim may not tie his rida'...' from the Book of Hajj, Al-Sunan al-Kubra 5/51; and Ibn Abi Shaybah in: 'Chapter: Regarding the Muhrim who ties [a garment] on his waist...' from the Book of Hajj, Musannaf Ibn Abi Shaybah 4/49. (23) In the original: 'fa-ubihat' (so it was permitted). (24) In [A], [B], and [M]: 'wa 'amamah' (and a turban).

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