‘Umar, that he said: "It is from the Sunnah that a woman smears her hands with henna." And because this is from the adornment of women, it is recommended at the time of ihram, like perfume. There is no harm in dyeing [with henna] while in a state of ihram. The Qadi said: "It is disliked, because it is from adornment, thus resembling kohl made of ithmid." If she does it (2), and she does not bind her hands with cloths, there is no expiation. This is the opinion of al-Shafi‘i and Ibn al-Mundhir. Malik and Muhammad ibn al-Hasan used to dislike dyeing for the woman in ihram, and they obligated the expiation upon her. Our evidence is what ‘Ikrimah narrated, that he said: "‘Aisha and the wives of the Prophet (peace and blessings of Allah be upon him) used to dye themselves with henna while they were in the state of ihram." And because the basic principle is permissibility, and there is no evidence here that prohibits it from a text or consensus, nor is it in the meaning of that which is specified (3).

Section: If the hermaphrodite (khuntha mushkil) enters into ihram, it is not obligatory for him/her to avoid sewn garments; because we do not have certainty of the masculinity that would necessitate that. Ibn al-Mubarak said: "He covers his head and pays an expiation." The correct view is that the expiation is not incumbent upon him, because the basic principle is its absence, so we do not mandate it based on doubt. If he covers his face alone, there is no expiation required for that. If he combines covering his face with a niqab or burqu‘, and covering his head or wearing sewn garments on his body, then the expiation becomes incumbent upon him; because he cannot be anything other than a man or a woman.

Section: It is recommended for a woman to perform Tawaf at night; because it is more concealing for her, and has less crowding, so it is possible for her to get close to the House and touch the Stone. Hanbal has narrated in "Al-Manasik" with his chain of transmission from Abu al-Zubayr, that ‘Aisha used to perform tawaf after ‘Isha’ for one or two weeks, and she would send word to those sitting in the mosque: "Go up to your families, for they have a right upon you." And from Muhammad ibn al-Sa’ib ibn Barakah, from his mother, from ‘Aisha, that she sent word to...