Is a penalty (dam) due if shaving or shortening the hair is delayed until after completing the Ihram state (Tahlul)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
A penalty (dam) is obligatory upon one who delays shaving or shortening the hair until they have exited the state of Ihram (Tahlul). This view is held by Malik, Al-Thawri, Ishaq, Abu Hanifah, and Muhammad bin Al-Hasan. The reasoning is that this act is a ritual of Hajj, and it must be performed within the state of Hajj Ihram, like all other rituals. There is no distinction made between a short or long delay, nor between an intentional act or an act done out of forgetfulness; a penalty is due in all cases of delay past the prescribed time.
Supporting text
The primary evidence supporting the permissibility of performing the act without penalty once out of Ihram (if the delay was post-sacrifice time) remains the argument that the end time for the ritual was not specified in the divine texts.