Fiqh-us-Sunnah - 5.50

Hadith 5.50.1

A Man Without Garb or Shoes for Ihram

A person who has no proper garb and shoes for Hajj may wear whatever is available to him. Ibn 'Abbas reported that Allah's Messenger (peace be upon him) delivered a sermon at 'Arafah saying, "A Muslim (pilgrim) who finds no suitable garb (for ihram), may wear trousers, and if he finds no suitable slippers, he may wear shoes." (This is in the case of a man who finds these things are either not available, or he has no extra money to buy them) This is reported by Ahmad, Bukhari and Muslim. In Ahmad's narration from 'Ata ibn Dinar we read that Aba Al-Sha'sha informed him that Ibn 'Abbas heard the Prophet (peace be upon him) saying, "He who finds no garb (for ihram), but has trousers, he may wear them, and he who finds no (suitable) slippers but has shoes, he may wear them." At this I (Aba Al-Sha'sha) asked him: "And did he say anything about cutting them?" Ibn 'Abbas said: "No."
Ahmad, therefore, holds that a muhrim who finds no proper garb or slippers may wear his trousers and shoes, as shown by the hadith of Ibn 'Abbas, without being required to make any atonement for doing so. (Ibn Qayyim also prefers this view) The permission to wear one' s shoes in case of not having suitable slippers is, according to the majority of scholars, conditional on cutting the shoes down to the ankles, for this makes shoes similar to slippers. These scholars conclude this from the above mentioned hadith of Ibn 'Umar in which we read: "If he does not find slippers and finds shoes, he should cut them down to the ankles."
The Hanafi scholars hold that he who has no garb for Hajj must unsew his trousers before using them as a garb. But he who wears them as they are (without unsewing them) he must make atonement for doing so.
Malik and Ash-Shafi'i, however, are of the view that such a person may wear his trousers as they are, without incurring any penalty, as shown by a hadith of Jabir ibn Zayd from Ibn 'Abbas that the Prophet (peace be upon him) said: "If a person does not find the garb for ihram, he may wear trousers; if he does not find slippers, he may wear shoes after cutting them down to the ankles."
(Reported by Nasa'i with a sound chain) Such a person must take off his trousers and put on a proper garb when and if he finds one. But if a person finds no proper upper Hajj garment, he should not wear his shirt, for unlike trousers one can do without it.