Guidance of Prophet, sallallaahu ‘alayhi wa sallam, in ending Ihram
25-8-2016 | IslamWeb
Question:
After throwing Jamrat Al-‘Aqabah on the day of Nahr, somebody was standing on the other side with scissors in his hand with which he was cutting the hair of the pilgrims – a single hair from each side. Is that valid, or is a sacrifice due on him? This happened many years ago, so what is your opinion?
Answer:
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The first part of your question is about the ruling on one in the state of Ihram (ritual state of consecration) who cuts short the hair or shaves the head of himself or others upon ending the state of Ihram. The answer is that doing this is permissible according to the majority of Muslim jurists, excluding the Hanafis, and it is the preponderant opinion.
The other part is about the mentioned way of ending Ihram. In fact, it is different from the guidance of the Prophet, sallallaahu ‘alayhi wa sallam, and his Companions. What is valid under the Sharee'ah is that upon ending Ihram, the pilgrim should take from all parts of the hair or shave the head entirely. This is one of the obligations of Hajj according to the majority of Muslim jurists. However, they differ in opinion over the amount which is obligatory to be shaved or cut short. According to the Maaliki and Hanbali scholars, it is obligatory to shave the entire head or cut all of the hair short. One fourth of the head is sufficient according to the Hanafi scholars, and just three hairs are sufficient to be removed or cut short according to the Shaafi‘i scholars.
The first opinion is the preponderant one, as it complies with the guidance of the Prophet, sallallaahu ‘alayhi wa sallam, who said, “Take (i.e. learn) from me your rituals.” It is also the guidance of his Companions.
In his commentary on Zad Al-Mustaqni‘, a book on the Hanbali Fiqh, Al-Hamad says:
"It should be known that cutting the hair short in a way that is sufficient to meet the obligation is that which includes all parts of the head. Of course, this does not mean to include each hair, since that is impossible to do. One cannot know whether each hair has been cut short unless the entire head is shaved. What is meant, is to cut short the hair of all parts of the head in such a way that one is almost certain that this shortening of the hair has covered his head entirely. That is the famous opinion of the Hanbali scholars. The Shaafi‘i scholars, however, hold that it is sufficient to shorten three hairs only. The correct opinion is that of the Hanbali scholars of Fiqh, as it agrees with Allaah’s statement (which means): {…with your heads shaved and [hair] shortened...} [Quran 48:27] {Your heads} applies to all the head. Thus, it is mandatory to either shave or shorten the hair of the entire head. Moreover, this opinion is supported by the fact that the Prophet, sallallaahu ‘alayhi wa sallam, shaved all of his head, since his act is a clarification of the matter and the relevant ruling is to be derived from it."
Hence, as a precautionary measure, a sacrifice is due on the one who has not done so.
Allaah Knows best.