Is a penalty due for using perfume, wearing prohibited clothing, or shaving the head out of forgetfulness or ignorance while in the state of Ihram?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The established view in the school is that there is no penalty for one who uses perfume or wears prohibited clothing while being forgetful or ignorant. This is the position of 'Ata, Al-Thawri, Is'haq, and Ibn al-Mundhir. Evidence supporting this leniency is the general statement of the Prophet, peace be upon him: 'My Ummah is excused for error, forgetfulness, and what they are coerced into.' Furthermore, a man who approached the Prophet, peace be upon him, wearing a cloak with traces of saffron perfume was instructed only to remove the cloak and wash off the scent and then continue his 'Umrah, without any mention of a penalty, indicating his ignorance was an excuse.
Supporting text
Ahmad stated that three acts—having intercourse with one's spouse, hunting game, and shaving the head—are treated the same whether done intentionally, by mistake, or forgetfully, because the resulting state cannot be reversed. However, if one forgets and covers their head or wears a shoe, they must immediately remove the covering or shoe when they remember, and no penalty is due if done promptly. Another narration from Ahmad suggests a penalty is due in all cases, supported by Malik, Al-Layth, Al-Thawri, and Abu Hanifa, based on the violation of the sanctity of Ihram being equal whether intentional or not, similar to shaving hair or cutting nails.