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Ruling on Touching the Perfume on Ka`ba while Observing Ihram

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
What is the ruling when a person observing Ihram(Ritual consecration) touches the perfume on the Ka`ba?

Answer:
All perfect praise be to Allah, The Lord of The Worlds, and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

Violating any of the restrictions of Ihram, such as wearing ordinary clothes or wearing perfume isn`t permissible in Sharia, and one who does so knowingly is obliged to pay a ransom.

Accordingly, if he , while in state of Ihram, touched the perfume on the Ka`ba and that perfume was still moist or his hand was sweaty, then paying a ransom is a must. However, touching non-liquid perfume doesn`t necessitate paying a ransom unless some of it sticks on the person`s body or clothes while he knows that committing such violation of Ihram is forbidden.

"If he had touched non-liquid perfume, such as musk and camphor, and its sent stuck on him, or he held odorous wood or ate it, then it isn`t forbidden. Moreover, no ransom is required from the one who forgetfully wore perfume while in state of Ihram, the coerced and the one who didn`t know that it is forbidden. As for the person who knows that he must refrain from doing this thing because of being in Ihram, but, at the same time, he doesn`t know that paying the ransom is an obligation, he remains liable for it."{Moghni Al-Mohtajj, 2/296}.

It is worth noting that it is forbidden for the person who is observing Ihram to take any of the perfume on the Ka`ba. Al-Imam Shams Ar-Ramli said, " It is forbidden for the person observing Ihram to take any of the non-liquid perfume on the Ka`ba or the cloth covering it. One who did so should give it back. However, if he wanted to be blessed, then he should bring perfume and rub it against the Ka`ba, then take it back."{Nehayat Al-Mohtajj, 3/356}.

Maliki scholars are of the view that even if a large amount of the Ka`ba`s perfume had stuck on the body or clothes of the person observing Ihram, but he removed it instantly, no ransom is required from him. Al-Imam Al-Khourashi said, "No ransom is required from the person observing Ihram if he touched the perfume on Ka`ba, provided that he removes it immediately, even if it was a large amount. But, if he didn`t remove it then he must pay the ransom."{Shareh Mokhtasar Khaleel, 2/353}.

In conclusion, it is forbidden for a person observing Ihram to touch the perfume on the Ka`ba. If he did touch it although he knows that it is forbidden, then he is obliged to pay the ransom due on making this violation. But, if he didn`t know that it is forbidden to do so, or didn`t mean to touch that perfume, then no ransom is required from him. And Allah knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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