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Ruling on Violations of Ihram Due to Forgetfulness or Ignorance

Ruling on Violations of Ihram Due to Forgetfulness or Ignorance


Source:
Fatāwā Arkān al-Islām


Question


If someone commits an act prohibited during the state of Ihram out of forgetfulness or ignorance, what is the ruling?


Answer


Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!


Before Intention (Niyyah)


If a person wears the garments of Ihram but has not yet made the intention (niyyah), then does something prohibited in Ihram, nothing is required from him. The ruling depends on intention, not merely wearing the garments.


After Intention


If he has entered Ihram by making intention for Hajj or ʿUmrah and then commits a prohibited act out of forgetfulness or ignorance, then:


❀ No expiation (fidyah) is required.
❀ However:


  • If due to forgetfulness, he should be reminded so he can stop.
  • If due to ignorance, he should be informed of the ruling and must stop immediately once he learns.

Examples


  • If a muḥrim mistakenly wears stitched clothing, there is no penalty. But once reminded, he must remove it immediately.
  • If someone wears trousers after intention and talbiyah, upon remembering, he must remove them at once — still no penalty.
  • If someone wears a sewn sweater thinking it is allowed, he must remove it when informed of the ruling.

General Principle


Anyone who commits a prohibited act of Ihram due to forgetfulness, ignorance, or necessity incurs no penalty.


Evidence from Qur’an


﴿رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا﴾
(al-Baqarah: 286)
“O our Lord, do not hold us accountable if we forget or make a mistake.”
→ Allah responded: “I have done so.”


﴿وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُم بِهِ وَلَـٰكِن مَّا تَعَمَّدَتْ قُلُوبُكُمْ وَكَانَ اللَّهُ غَفُورًا رَّحِيمًا﴾
(al-Aḥzāb: 5)
“There is no blame upon you for what you do mistakenly, but only for what your hearts intend deliberately.”


Regarding hunting (also prohibited in Ihram), Allah says:


﴿وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا﴾
(al-Mā’idah: 95)
“And whoever among you kills it deliberately...”


Conclusion


This ruling applies to all prohibitions of Ihram — whether related to:


  • Clothing
  • Perfume use
  • Hunting
  • Shaving the head, etc.

Even though some scholars differentiate between them, the strongest and most correct view is that forgetfulness, ignorance, or necessity removes the obligation of expiation.


ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
 
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