if he nevertheless puts it on, he must pay a fidya (compensatory sacrifice). For that reason Abu Ḥanīfah carried the analogy through to its logical end, whereas the majority disagreed, citing the authentic hadith¹ and differentiating between the two situations.
As for the woman, she has not been forbidden any article of clothing, for she is commanded to cover herself and remain out of sight, and the Law does not legislate the opposite. She is only prohibited from wearing a face-veil (niqab) and gloves, because these items are tailored to the exact shape of the limb and she has no real need of them.
The jurists have differed: Is her face to be treated like a man’s head or like his body? In the Hanbali school and others there are two views. Those who liken her face to his head instruct her, when she lets a cloth hang down from above her head, to hold it away from the face just as one keeps a canopy from touching the head, whereas those who
(1) That is, his statement—peace and blessings be upon him: “The pilgrim in ihram must not wear a shirt, a turban, trousers, a burnous, or leather socks, except for someone who cannot find two sandals; he may then wear leather socks after cutting them below the ankles. And do not wear any garment that has been touched by saffron or wars (a yellow dye).” Agreed upon; the wording cited is that of al-Bukhari, “Book of Hajj,” no. 1542 (Fath edition). The hadith is also recorded in Irwa al-Ghalil, no. 1012.
Ibn Hajar comments in Fath al-Bari: “The plain sense of the hadith is that no fidya (expiation) is required when one wears them because he cannot find sandals, whereas the Hanafis deem an expiation obligatory. This is refuted by the fact that, had an expiation been required, the Prophet would have stated it at the moment of need.”
I add: This is further supported by the hadith of Ibn Abbas, who heard the Prophet—peace and blessings be upon him—preaching at Arafat: “Whoever cannot find an izar (lower wrap) may wear trousers, and whoever cannot find two sandals may wear leather socks.” Agreed upon; also cited in Irwa al-Ghalil, no. 1013.