Is making a condition (Shart) in the intention (Niyyah) for Ihram sufficient without verbal utterance?
Chapter on Mentioning Ihram
Al-Mughni
Book of Hajj
Primary text
It is arguable that making a condition in the intention for Ihram without verbalization is valid because the condition is secondary to the contract of Ihram, and Ihram itself is established by intention. Therefore, its dependent (the condition) should also be established by intention.
Supporting text
It is arguable that verbal utterance is required for the condition because making a condition is an established stipulation, similar to stipulations made in vows (Nidhr), endowments (Waqf), and seclusion (I'tikaf). The statement of the Prophet, peace be upon him, to Ibn Abbas, "My statement makes my state lawful wherever I am held," indicates the necessity of speech.