What is required of a Muhrim who entered Ihram while wearing perfume or a garment like a Jubbah (cloak) that requires tearing upon removal?
Chapter on Mentioning Ihram
Al-Mughni
Book of Hajj
Primary text
If a Muhrim wearing perfume immediately removes the perfume upon being commanded, no expiation (Fidyah) is required because the Prophet (peace be upon him) did not command Fidyah for the man in the narration regarding the perfume. However, if the person persists in wearing the prohibited item (like the Jubbah) after the possibility of removal, Fidyah is obligatory because the continuation of the prohibited wear is itself forbidden, just as initiating it was forbidden. This is supported by the command given to the man to remove his Jubbah. The lack of command for Fidyah concerning the past period is understood as the individual being ignorant of the prohibition, thus treated like one who forgets.
Supporting text
There is an opinion held by Al-Sha'bi, Al-Nakha'i, Abu Qilabah, and Abu Salih Dhakwan that the Muhrim should tear his garment (Jubbah) to avoid uncovering his head when removing it. However, the ruling favors removal over tearing, based on the hadith where the Prophet (peace be upon him) commanded the man to remove the Jubbah, not tear it, and the principle that tearing the garment constitutes wastefulness of wealth, which is forbidden. This latter view is held by Ibn Mas'ud, Ibn 'Abbas, Ibn 'Umar, Ibn Al-Zubayr, 'Ata', Mujahid, Al-Hasan, Al-Sha'bi, Al-Nakha'i, Qatadah, Al-Thawri, and the People of Reason.