ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 308

Translation · EN

and kissing, touching with desire, and the marriage contract, while everything else becomes lawful for him. This is the view of Ibn al-Zubayr, 'Aisha, 'Alqamah, Salim, Tawus, al-Nakha'i, [Ubayd Allah ibn al-Hasan] (2), Kharijah ibn Zayd, al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). It has also been narrated from Ibn 'Abbas. Ahmad held a view that everything becomes lawful for him except sexual intercourse (al-wat') in the private part; because it is the gravest of the prohibitions and it invalidates the Hajj rituals, unlike other matters. 'Umar ibn al-Khattab, may Allah be pleased with him, said: Everything becomes lawful for him, except women and perfume. This was also narrated from Ibn 'Umar, 'Urwah ibn al-Zubayr, and 'Abbad ibn 'Abd Allah ibn al-Zubayr (3); because it is among the stimuli for intercourse, so it resembles kissing. From 'Urwah, it is reported that he [the pilgrim] does not wear the shirt, nor the turban, nor apply perfume. A hadith (4) was narrated from the Prophet (peace and blessings of Allah be upon him) regarding this. Our evidence is what 'Aisha narrated, that the Prophet (peace and blessings of Allah be upon him) said: "If you have thrown the pebbles and shaved, then perfume, clothing, and everything else have become lawful for you, except women." Recorded by Sa'id (5). In another wording: "If one of you has thrown the pebbles at the Jamrat al-'Aqabah and shaved his head, then everything has become lawful for him, except women." Recorded by al-Athram and Abu Dawud (6), except that Abu Dawud said: It is weak; it was recorded by al-Hajjaj from al-Zuhri, and he did not meet him. As for what Sa'id extracted, it was recorded by al-Hajjaj from Abu Bakr ibn Muhammad, from 'Urwah, from 'Aisha, who said: "I perfumed the Messenger of Allah (peace and blessings of Allah be upon him) for his ihram (7) when he entered the state of ihram, and for his exiting it (hill), before he performed the circumambulation of the House (Tawaf)." (Muttafaq 'alayh) (8).

Notes

(2) In B and M: "and 'Abd Allah ibn al-Husayn." He is Ubayd Allah ibn al-Hasan ibn al-Husayn al-'Anbari, one of the jurists among the Successors (Tabi'in) in Basra; he died in the year 168 AH. See: Tabaqat al-Fuqaha' by al-Shirazi, 91. (3) Ibn al-'Awwam al-Asadi, one of the Successors, who was trustworthy (thiqah). He was in charge of his father's judiciary in Mecca, and his father would appoint him as a deputy when he went for Hajj. See: Tahdhib al-Tahdhib 5/98. (4) In A, B, and M: "hadithan" (a hadith). Note that the narrator is 'Urwah. (5) And it was recorded by Abu Dawud, as in: Chapter on Throwing the Pebbles (Ramya al-Jimar) from the Book of Rituals (Manasik), Sunan Abi Dawud 1/457. Also recorded by Imam Ahmad in: al-Musnad 6/143. (6) In: Chapter on Throwing the Pebbles, from the Book of Rituals, Sunan Abi Dawud 1/457. It does not contain: "and shaved his head." (7) "Li-hurmihi": meaning for his state of ihram.

PreviousVolume 5 · Page 308Next
Previous5·308Next