Those who hold that ifrād is the superior form and that tamattuʿ and qirān are merely dispensations argue from the standpoint of legal reasoning that a compensatory blood sacrifice is therefore required for the latter two.

After discussing the obligation of this rite—the persons upon whom it is incumbent, the conditions for its obligation, the time and place at which it becomes due—and after explaining what the pilgrim must avoid while in a state of consecration and the various forms of the rite, we must now address the very first act undertaken by a pilgrim or ʿumrah-performer, namely, entering into ihrām.

The Matter of Ihrām

The majority of scholars agree that performing a full ritual bath (ghusl) before uttering the talbiyah is a Sunnah and one of the pilgrim’s prescribed acts. Ibn Nuwār even said, “According to Mālik, this bath for ihrām is more emphatically stressed than the Friday bath.”

The Ẓāhirī scholars, however, consider it obligatory, whereas Abū Ḥanīfah and al-Thawrī hold that minor ablution (wuḍūʾ) is sufficient.

The Ẓāhirīs cite as proof the mursal report transmitted by Mālik about Asmāʾ bint ʿUmays, who gave birth to Muḥammad ibn Abī Bakr at al-Bayḍāʾ. When Abū Bakr informed the Messenger of Allah—may Allah bless him and grant him peace—he said, “Tell her to bathe and then enter into ihrām.” In their view, a prophetic command denotes obligation.

The majority, by contrast, rely on the principle that liability is presumed nonexistent until an incontrovertible proof establishes an obligation. ʿAbd Allāh ibn ʿUmar used to bathe before entering ihrām, upon entering Mecca, and on the afternoon of ʿArafah; Mālik counts these three baths among the pilgrim’s prescribed acts.

All scholars agree that ihrām is valid only with an intention. They disagree, however, as to whether the intention alone suffices without the talbiyah. Mālik and al-Shāfiʿī maintain that the intention is sufficient; Abū Ḥanīfah holds that the talbiyah in Hajj is like the opening takbīrah in prayer, although in his view any utterance conveying glorification may replace the specific wording of the talbiyah, just as any phrase denoting magnification may replace the takbīrah in prayer.

The scholars concur that the wording of the Prophet’s talbiyah—may Allah bless him and grant him peace—was:

“Here I am, O Allah, here I am; here I am, You have no partner, here I am. Truly all praise, favor, and sovereignty belong to You; You have no partner.”

This version is narrated by Mālik from Nāfiʿ from Ibn ʿUmar from the Prophet—peace and blessings be upon him—and is the soundest chain.

They disagree, however, on whether this precise wording is obligatory. The Ẓāhirīs insist that it must be recited verbatim, while the majority regard it as recommended and differ only over whether additions or substitutions are permissible.

The Ẓāhirīs also require the pilgrim to raise his voice when reciting the talbiyah, whereas the majority deem raising the voice merely recommended, basing their view on the report narrated by Mālik