587 - Issue: He said: (And he shall not apply oil [to his body] containing perfume, nor [oil] containing no perfume.)

As for scented oils, such as rose oil, violet oil, jasmine oil, wallflower oil, and water lily oil (1), there is no disagreement in the school regarding the prohibition of using them. This is the view of al-Awza'i. Malik, Abu Thawr, and the scholars of opinion (ashab al-ra'y) deemed the use of violet oil as makruh (disliked). Al-Shafi'i said: It is not considered perfume. Our stance is that it is used for fragrance and its scent is intended, so it is perfume, like rose water. As for that which contains no perfume, such as olive oil, sesame oil, clarified butter (ghee), animal fat, and unscented ben nut oil (2), al-Athram narrated that he heard Abu 'Abd Allah [Ahmad ibn Hanbal] being asked about a muhrim applying olive oil or sesame oil, and he replied: Yes, he may apply it if he is in need of it. The muhrim may also treat himself with what he eats. Ibn al-Mundhir said: The generality of the scholars have reached a consensus that the muhrim may apply fat, olive oil, and butter to his body. Al-Athram narrated the permissibility of this from Ibn 'Abbas, Abu Dharr, al-Aswad ibn Yazid, 'Ata', al-Dahhak, and others. Abu Dawud narrated from Ahmad that he said: The olive oil that is eaten, the muhrim should not apply it to his head. The apparent meaning of this is that he should not apply any kind of oil to his head. This is the view of 'Ata', Malik, al-Shafi'i, Abu Thawr, and the scholars of opinion, because it removes dishevelment (sha'ath) and smooths the hair. As for oiling the rest of the body, we do not know of any prohibition from Ahmad regarding it. We have already mentioned the consensus of the scholars regarding its permissibility on the body (3). The dislike is specifically regarding the head because it is the place of the hair. Al-Qadi said: There are two narrations regarding its permissibility on the entire body. If he does so, there is no fidya (expiation) for it according to the apparent speech of Ahmad, whether he oils his head or other parts, unless it is scented. It has been narrated from Ibn 'Umar that he suffered a headache while he was in ihram, so they said: Shall we not apply butter to you? He said: No. They asked: Do you not eat it? He said: Eating it is not like applying it. From Mujahid, he said: If he uses it as a remedy, he is liable for expiation. Those who prohibited [oil on the head] said: It requires fidya; because it [removes dishevelment], 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, 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 [al-Shafi'i's] 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.