The Rituals of Hajj [Electronic resources] نسخه متنی

7. Marriage Contract

Rule 233:

It is forbidden for a
pilgrim, in a state of ihram , to officiate the marriage contract himself or
another person, irrespective of whether or not the other person is also in a
state of ihram , and whether the intended marriage is permanent or temporary. In
all these cases, the marriage is invalid.

Rule 234:

If a pilgrim, in the state
of ihram, gets married, and the marriage is consummated, the person who
conducted the ceremony, husband, and wife should each pay a penalty, which is a
camel. That is, if they were aware of the situation and the rules.

If some
were aware and others not, the ignorant party shall not incur the penalty. There
is no difference as to the extent of the penalty whether the person, who
conducted the marriage ceremony, and the woman, were in a state of ihram or
not.

Rule 235:

It is not permissible for a
pilgrim, in a state of ihrahm, to witness a marriage ceremony, or be present
there, as is widely believed (ala mashhoor). However, as a matter of optional
precaution (al ahwatil awla), he must decline bearing witness to it, albeit he
would practically have, be virtue of being there,assumed a responsibility.

Rule 236:

As a matter of optional
precaution, a person in a state of ihram should not propose to a lady. However,
there is no objection to reverting to a lady who had been divorced by way of a
revocable divorce, just as it is permissible to divorce one's wife.

8. Use of Perfume

Rule 237:

It is forbidden for a
person, in ihram, to use perfume, be it by way of wearing, smelling, applying,
or eating it. Not permissible, too, is wearing any garment that had come into
contact with it. By perfume we mean every substance intended for one's body,
clothes, and food, such as musk, oud, waras, amber, saffron and the like.

However, it is evident that, one must also refrain from all kinds of scent
and perfume, like rose and jasmine. There is one exception, though, which is
Khalooq-ul-Ka'ba', which is extracted from saffron and other materials, and is
applied on the Holy Ka'ba.

Rule 238:

It is not forbidden for a
pilgrim in a state of ihram to smell sweet plants, be they used for perfumes,
such as jasmine, or others. fragrant wild flowers, such as wormwood, are
apparently exempt.

Fruits which have a scent in them, like apples and
quinces, one must refrain from smelling them while eating them, as a matter of
precaution. The same applies to aromatic oils; it is permissible to use for food
the edible ones among them, yet it is advisable not to smell the aroma while
eating them, as a matter of ihtiyat.

Rule 239:

A pilgrim in a state of
ihram, performing sa'y does not have to hold his nose in a bid to avoid smelling
the aroma which may exude from a vendor of perfumery. However, he must do so in
situations other than this. Khalooq-ul-Ka'ba is exempt.

Rule 240:

If a person, in ihram,
deliberately consumes an item of perfumery, or wears clothes that have traces of
scent on them, he should, as a matter of obligatory precaution (al ahwat luzuman
[wujuban]), bear a kaffarah of a sheep.

There is no kaffarah for using
perfume in situations other than those discussed, although, as a matter of
precaution, one must pay the penalty.

Rule 241:

It is forbidden for a
pilgrim, in the state of ihram, to close his nose to bad smell, although there
is no objection to moving away quickly from the smell.