How is the contradiction resolved between your fatwa regarding the ruling on a pilgrim in a state of ihram entering a shop from which frankincense smoke rises (Fatwa No. 137067) and the hadith of Ibn Abbas in Sahih Al-Bukhari which mentions that a pilgrim in a state of ihram may smell basil? And by analogy, is the ruling on frankincense the same as the ruling on basil?
The statement that a pilgrim in (state of ritual consecration) may smell basil is authentically reported from Ibn Abbas, but it is mawquf (attributed to a Companion and not directly to the Prophet, peace be upon him), not marfu' (attributed to the Prophet, peace be upon him). Other Companions, such as Ibn Umar and Jabir, disagreed with him, prohibiting the pilgrim in ihram from smelling basil. Jurists have differed on the ruling concerning a pilgrim in ihram smelling basil; some permitted it, while others prohibited or disliked it. The origin of this disagreement is whether basil is considered among the perfumes (طيب) that are forbidden for a pilgrim in ihram to use. Obligating someone who intentionally smells perfume to offer (expiatory payment) is more cautious and more absolving of responsibility, because intentionally smelling perfume is a means to using it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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