the Hajj by entering ihram (the pilgrim’s consecrated state) and reciting the talbiyah (the prescribed invocation of response). This indicates that whoever enters ihram for Hajj outside the months of Hajj, his ihram for Hajj is not valid. This was the view of Ibn ‘Abbas and Jabir; it was likewise held by ‘Ata’, Tawus, and Mujahid, and adopted by al-Awza‘i and al-Shafi‘i. They maintained that his ihram instead counts as an umrah, since Allah, exalted is He, singled out these months for Hajj to be performed in them. Were it valid outside them, this specification would serve no purpose. Similarly, He has assigned the prayers to appointed times: whoever begins an obligatory prayer before its time has begun, it does not count as fulfillment of the obligation.

A group held that his ihram is valid for Hajj. This was the view of Malik, al-Thawri, and Abu Hanifah, may Allah have mercy on them. As for umrah, every day of the year is available for it, unless one is occupied with Hajj. It is related from Anas that he was in Mecca, and whenever his hair had grown back, he would go out and perform an umrah.

His saying, exalted is He, “Then there shall be no sexual relations and no wrongdoing”: Ibn Kathir and the reciters of Basra read both words in the nominative case, with nunation; the others read them in the accusative without nunation, as in His saying, “and no disputing during Hajj.” Abu Ja‘far read all three in the nominative, with nunation.

They differed concerning sexual relations. Ibn Mas‘ud, Ibn ‘Abbas, and Ibn ‘Umar said that it means intercourse. This was also the view of al-Hasan, Mujahid, ‘Amr ibn Dinar, Qatadah, ‘Ikrimah, al-Rabi‘, and Ibrahim al-Nakha‘i. ‘Ali ibn Abi Talhah related from Ibn ‘Abbas that sexual relations include intercourse with women, kissing, touching, and making indecent insinuations to them in speech.

Husayn ibn Qays said: Ibn ‘Abbas, may Allah be pleased with him, took hold of his camel’s tail, twisting it as he chanted:

“They bear us onward with a soft tread ...
If the bird’s omen proves true, we shall sleep with Lamisa.”

I said to him, “Do you utter sexual talk while you are in ihram?” He replied, “Sexual talk is only that which is spoken in women’s presence.” Tawus said: (1) Sexual talk is alluding to intercourse with women and mentioning it before them. ‘Ata’ said: It is for a man, while in ihram, to say to a woman, “When I leave ihram, I shall come to you.” It has also been said that sexual talk means obscenity and foul speech.

As for wrongdoing, Ibn ‘Abbas said: It means all acts of disobedience. This was also the view of Tawus, al-Hasan, Sa‘id ibn Jubayr, Qatadah, al-Zuhri, al-Rabi‘, and al-Qurazi. Ibn ‘Umar said: It is whatever the pilgrim is forbidden to do while in a state of—