Wearing the two garments of the ihraam

155. After removing the clothing that is not permitted to wear, the two pieces of garments for ihraam must be worn. One of the garments is worn round the waist to cover the body from navel level to the knees, and the other should be used for covering the shoulders at least. As a precaution, it is required that a woman wears the two pieces of garments of ihraam on top of her clothing, and performs the talbiyah, even though it is permissible for her to remove the two garments afterwards.

156. It is conditional, as an obligatory precaution, that the garment worn around the waist is not thin, revealing the skin, and so too for the garment covering the shoulders. It is also conditional for the ihraam garments:

to be of such material that is valid for the daily obligatory prayers for men,

not to be nagis with which one may not be able to perform the daily prayers,

not to be made from products of an animal the meat of which is not permissible for (Muslim) consumption,

not to be usurped, nor any gold is allowed to be used in it,

not to be made from silk even for women,

as a precaution, not to be made from leather, even if taken from animals whose meat is permissible to eat,

as a precaution, to be woven or textile such as towels, and not matted or compressed.

157. If one or both of the ihraam garments were made nagis, then as a precaution the muhrim the individual in the state of ihraam must either replace the nagis garment or wash it to make taahir immediately. If he does not do that he has sinned but his ihraam is valid. However, if part of the body became nagis, it is not incumbent on him to make it taahir immediately, even though may be is as a precaution.

158. If there was a wound on the body of the muhrim and there was blood on the dressing / plaster, and it was not possible for him to remove the dressing when time was short, the rulings of Jabirah applies to him. [you will find the details in this respect in risalah of Islamic laws.]

159. It is not mandatory for the muhrim to continually wear the ihraam garments; for the muhrim may change them or take them off completely, like when going to the bathroom or having a shower. This applies to both genders.

160. It is not mandatory to be taahir, like after going to the toilet, when declaring ihraam. Thus one who is in the state of Janaabah, or a Ha''edh [a woman who is experiencing the haydh the monthly menses], or one who does not have wudhu may declare and assume ihraam. However, if one wanted to perform the ihraam prayers, the prayers would not be valid unless [being taahir and] with wudhu.

161. If due to oversight or ignorance of the ruling, one wore the ihraam garments without removing his normal clothing, then whenever he remembered or realised the ruling of the case, must remove his normal clothing, and his ihraam is valid. The same is also applicable if an individual, after declaring and assuming ihraam, wears his normal clothing, either having forgotten or due to ignorance of the case.

162. There is no objection to wearing more than the normal set of ihraam garment, whether at the time of declaring ihraam or afterwards, to protect oneself against the weather.

 

2. Niyyah

163. Declaration of niyyah or intention is mandatory for ihraam. It is the resolution of performing ihraam, seeking nearness to Allah Almighty. The meaning of ihraam is to abstain from and relinquish a number of things, details of which will be given later.

164. In an exception to other acts of worship, it is recommended that the niyyah is verbally uttered in this case. After removing all sewn clothing, and wearing the two ihraam garments, one should say, "I declare and assume the ihraam for the Umrah of TAMATTU'' for Hajjat-al-Islam seeking nearness to Allah Almighty".

 

3. Talbiyah

165. Without talbiyah, ihraam would not be established, (although) in the case of Qiraan Hajj, the ihraam is established with talbiyah, or marking the animal with a sign or a collar.

166. The obligatory talbiyah[18] takes the following form of reciting [the four phrases]:

 

The last word may be added as a recommended precaution.

167. It is obligatory that the talbiyah is recited at least once, and with it the ihraam is established. Of course it is mostahab that the Haajj (pilgrim) repeat it when he wakes up, after each of the daily obligatory prayers, when getting on a vehicle, or going up or down a hill, etc. It is also recommended to repeat it during the night (Sahar), even if the muhrim was in the state of Janaabah or Haydh. In the case of Umrah it is recommended that he does not stop it until he can see the houses of the city of Makkah, when he should stop. In the case of the Hajj, it is recommended that one does not stop it until midday of the Day of Arafah the 9th day of Dhil-Hejjah when should stop.

168. It is obligatory to recite the talbiyah in the correct Arabic pronunciation. It is not sufficient to pronounce it with a variant accent or pronunciation if one can recite it correctly. If one cannot recite it correctly, someone else should help him to recite it by dictating to him. If there was no such person, he should recite whatever he can, and as a mostahab precaution, he should pronounce it with the variant accent together with reciting the translation (of the talbiyah) as well as getting an agent to recite the talbiyah on his behalf, after he had done it himself.

169. A dumb must perform the talbiyah by making gestures with his fingers, and moving his tongue at the same time.

170. It is not mandatory to perform the talbiyah immediately when the two ihraam garments are worn and the niyyah stated, even though it is as a precaution. If one says it after a [short] delay, his ihraam is valid.

171. If the Haajj (pilgrim) forgot to say the talbiyah at the place of the ihraam, which is the miqaat, and remembered the oversight after crossing the miqaat, it is obligatory for him to go back to the miqaat to perform it. If it was not possible for him to go back, he should say it where he is. If, after entering the Haram, the factor preventing him from going back was eliminated, then he must leave the Haram, if possible, and perform the talbiyah, otherwise, he should do so where he is. If he had committed one of the forbidden acts of ihraam before saying the talbiyah, he is not liable to a kaffaarah compensation even if had crossed the miqaat.

172. If he doubted whether the talbiyah he had done is correct or not, he should presume that it is correct. If he doubted whether he did perform the talbiyah or not, and he had not crossed the miqaat, he should presume that he had not, and it is obligatory for him to perform the talbiyah then. If he had done one of the forbidden acts of the ihraam that demands a kaffaarah, and he doubted whether he did that act after the talbiyah or before it, he is not liable to kaffaarah.