Sheikh Salman al-Oadah
The pilgrim emerges from the state of ihrâm – the ritual state wherein many things are prohibited for the pilgrim – in two stages.
In the first stage – the partial emergence from the state of ihrâm – the pilgrim may wear normal clothes, apply perfume, clip nails, and carry out all other normal activities. However, the pilgrim is still forbidden from engaging in sexual intercourse with his or her spouse.
The pilgrim’s partial emergence from the state of ihrâm takes place immediately upon stoning Jamrah al-`Aqabah on the tenth of Dhû al-Hijjah. This means that everything that is specifically prohibited to a pilgrim while in the state of ihrâm becomes lawful for him again, except for conjugal relations.
This was the view of the Mâlik, Abû Thawr, and Abû Yûsuf. It was also the opinion of `Alqamah, `Atâ’, and Khârijah b. Zayd b. Thâbit. The opinion had also been expressed at one point by both Ahmad b. Hanbal and al-Shâfi`î.
Ibn Qudâmah asserts in al-Mughnî (3/225): “This is the correct opinion on the matter, Allah willing.”
(Ibn Hazm goes so far to say in al-Muhallâ (7/139) that the pilgrim’s preliminary emergence from the state of ihrâm happens when the time for stone Jamrah al-`Aqabah comes in, even if the pilgrim has yet to stone the Jamrah.)
The evidence for this ruling comes in the hadîth narrated by Ibn `Abbâs that Allah’s Messenger (peace be upon him) said: “When you stone the Jamrah, then everything becomes lawful for you again except for women.” [Musnad Ahmad (2090, 3204), Sunan al-Nasâ’î (3084), and Sunan Ibn Mâjah (3041)]
Also, there is the hadîth narrated by `A’ishah that Allah’s Messenger (peace be upon him) said: “When you stone Jamrah al-`Aqabah, then everything becomes lawful for you again except for women.” [Sunan Abî Dâwûd (1978)]
Both of these narrations suffer from some weakness in their chains of transmission. Nevertheless, some contemporary hadîth specialists have determined these hadîth to be authentic. For instance, al-Albânî attests to their authenticity in his al-Silsilah al-Sahîhah (239).
The authenticity of these hadîth is also supported by the verdicts given by a number of Companions, and by the hadîth of Umm Salamah that conveys essentially the same meaning. [Musnad Ahmad (25321) and Sunan Abî Dâwûd (1999)]
Source: Islam Today