Can a slave enter the state of Ihram for Hajj without the master's permission?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 1

Open in Qurani

Primary text

A slave is prohibited from entering the state of Ihram (for Hajj) without the explicit permission of his master. This is because entering Ihram entails undertaking an obligation that may cause forfeiture of the master's obligatory rights over the slave's services. If the slave enters Ihram without permission, the Ihram is nonetheless valid because it is a physical act of worship in which a slave may properly engage without a master's consent, analogous to prayer (Salat) or fasting (Sawm).

Supporting text

This view is supported by the position chosen by Ibn Hamid. If the slave enters Ihram without permission, the master has the right to release him from the state of Ihram (tahlil). This right exists because the master's right to the slave's services is being forfeited without his permission, similar to a mandatory fast that harms the slave's body.