The Hanafites support allowing the pilgrim to wear anything that does not cover the ankles. Shaykh al-Islam, Ibn Taymiyah, is of this opinion. He writes: What is right is that it is permissible to wear anything that does not cover the ankles, such as cut-out boots and sandals called jumjums, madas and so on. It doesn’t matter if the person has sandals or not. From Madjmou al-fatwas (26/110).
Commenting on this hadith: Let the person who does not have sandals wear boots that are cut out below the ankles, he writes: This indicates that what is cut out becomes like sandals in the sense that its wearing is absolutely permitted as well as the wearing of anything that resembles it such as jumjums, madas and the like. This is derived from the doctrine of Abu Hanfiah and reflects a view held in the doctrine of Ahmad and elsewhere. This is the opinion that my grandfather, Abul Barakat (May Allah have mercy on him) expressed in his last fatwas issued during his pilgrimage…
Praise be to Allah
What the pilgrim can wear on his feet includes different types of shoes. Each type is governed by a provision. The types can be summarized in three:
The first is what covers the feet including the ankles. This is the case of long boots and savates that cover the ankles, military boots and so on. It is not permissible for the pilgrim to wear these types of shoes. For al-Bokhari (1543) and Muslim (1177) reported from Abdullah ibn Omar (p.a.a) that a man said
O Messenger of Allah, what clothes may the pilgrim wear?
-He may not wear a shirt, turban, pants, hood or boots. If he does not have sandals, he may wear boots as long as they are cut below the ankles.
This hadith makes it clear that the pilgrim is forbidden to wear boots. And anything that covers the foot completely is considered to be boots.
An-Nawawi said: The wearing of boots is unanimously forbidden to the pilgrim. Whether the boots are intact or pierced, given the general scope of the authentic hadith. From al-Majmu, shah al-muhadhab (7/258)
The second type includes sandals that protect the bottom of the foot while leaving the upper side and ankles uncovered. There is no ambiguity in the permission to wear these sandals. On the contrary, the Sunnah confirms that it is recommended to use them on pilgrimage. Indeed, the Prophet (peace be upon him) said: « Let the pilgrim dress in two loincloths and wear sandals. (Reported by Ahmad in his Mousnad (8/500) and considered authentic by Ibn Khuzaymah (2601).
Ibn Qudama (May Allah have mercy on him) said: As for sandals, it is permissible to wear them in any form. It is not necessary to cut off any part of them because the permission for their use is stated in generous terms. From al-Mughni (5/123)
Al-Juwayni said: These are the sandals that the pilgrim should wear. The fact that their straps, even if wide, cover the top of the foot does not prevent them from being called sandals. The choice of wide cords may be more suitable for a long walk. From Nihaytul matalib fii dirayatil madhahib (4/251)
Touhfatoul mouhtadj (4/162) says: Sandals are understood to mean what is called tamusa or qabqab, a type of sandal that does not cover all the toes.
Matalibou ouli an-Nuha (2/329) says: It is permissible for the pilgrim to wear sandals. Tamusa is a type of slipper that usually has straps and a knot. Slightly edited extract.
The point is to explain that the presence of a knot and the cords to attach the sandals to the feet do not represent any inconvenience. It doesn’t matter if they go through the heel or through the toes.
The third type is represented by shoes that do not hug the ankles but cover the rest of the foot, including the toes and the outside of the heel. The wearing of these shoes is a matter of dispute among the scholars because they resemble both sandals and boots. When it is taken into account that they cover most of the foot, they are considered to be like boots in the sense that they are forbidden to be worn. And when we take into account the fact that they do not cover the ankles, we equate them with sandals in the sense of allowing them to be worn. The majority of scholars believe that anything that covers the feet is forbidden, even if it leaves the ankles uncovered. And it does not matter if it hides all the toes or completely covers the ankles or the top of the foot.
The author of minah al-jalil, shah mukhtasar al-khalil (2/260): Only sandals with strings that stick to the foot and allow walking (normally) are worn. The pilgrim is not allowed to wear sibat, mizt (local types of sandals) or any of his Sahrawi sandals because of their loose knot (?) and the (excessive) width of their cords which cover a large part of the foot.
Abu Isaac Chirazi writes: It is not permissible (for the pilgrim), according to what is stated in the texts, to wear boots cut below the ankles while wearing sandals. If he does so, he will be required to perform an act of atonement because the boots thus transformed look like (normal) boots. From al-muhadhdhab fii fiqh al-imam ach-Shafii. (1/381)
An-Nawawi wrote: « Regarding the wearing of sandals, jumjums, boots cut below the ankles while wearing sandals, there are two famous opinions mentioned by the compiler and the disciples. What is right, in the opinion of all, is the prohibition of wearing them. This is evident from the previous hadith of the Prophet (peace be upon him): Let him who does not have sandals wear boots provided they are cut below the ankles. From al-Majmu shari’ah al-muhadhab (7:258)
Al-Mawardi said: This is because the Messenger of Allah (PBUH) allowed them to be worn once they were cut, provided that one did not have sandals. The absence of the condition nullifies the permission. From al-Hawi al-kabir (4/97)
Ibn Qudama writes: If the pilgrim wears cut-out boots while he has sandals, he is required to perform an act of atonement because he does not have to wear them, according to the clarification given by Ahmad. This is also the opinion of Malick. Indeed, the Prophet (peace be upon him) made the wearing of sandals conditional upon their non-availability. This implies the prohibition of wearing them when sandals are available. Since boots are sewn to the contours of an organ, like gloves, the pilgrim who wears them is required to perform an act of expiation. From al-Mughni (5/122)
Shaykh Ibn Uthaymin chose this opinion and said, « Some scholars do not see any problem with wearing shoes that stop below the ankles because the Messenger of Allah (PBUH) said in the hadith of Ibn Omar (pbuh), ‘Let the one who does not have sandals wear boots as long as they are cut below the ankles. Ibn Uthaymin added: When they are cut, they become like sandals. However, the apparent meaning of the Sunnah implies generality (neither boots…). Therefore, what is right is that their wearing is still forbidden and it is not permissible for the pilgrim to wear kanadir (local boots) even if they are cut as indicated. From Madjmou al-fatwas (22/136)
Shaykh Muhammad al-Mokhtar said, « It is not permissible for the pilgrim to wear shoes that cover his feet or most of them. He may, however, wear shoes that do not cover most of the foot. When they do cover part of the foot, the toes should be left uncovered, for the Prophet (peace be upon him) said, « Let him cut them off below the ankles. However, the toes should remain up. If the shoes cover the ends of the toes, it is not permissible to wear them. It is like the shoe that covers only the heel. The pilgrim may not wear it. From shah zad al-mustaqnaa (5/135) according to the automatic numbering of the shamilah.
The Hanafites support the permission of wearing shoes that cover the foot provided that the ankles are left uncovered. For them, there is no harm in wearing shoes that cover the heels and the top of the foot, as long as the ankles are left uncovered. They argue that the Prophet (peace be upon him) recommended that a person who does not have sandals should wear boots that are cut below the ankles. This means that the cut-out substitutes a permissible shape for the prohibited one. Hence, it is permissible to wear shoes that stop below the ankles.
Al-Kassani wrote: Some of our contemporary masters allow the wearing of sandals that are similar to cut-out boots because of their similarity. From Badai as-sanai (2/184).
As-Sarakhsi wrote: On the basis of this, our contemporary masters say that there is no disadvantage to the pilgrim wearing michak (type of sandals) which, like (common) sandals, do not cover the ankles. From al-Mabsut (4/127)
The legal encyclopedia (2/154) states: « The Malikites, Shafiites and Hanbalites equate anything that completely covers part of the feet with boots. They have permitted the wearing of boots cut below the ankles only if there are no sandals. If you have them, you don’t wear them. If you have worn them before, you should take them off. If there is an excuse for wearing them, such as illness, it is not a sin. However, the person concerned should perform an act of atonement.
