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Fidyah (Expiation) of Violations During Hajj.

The Second Matter: fidyah (expiation) of violations (during Hajj)

- There are three options concerning fidyah (expiation) of shaving hair, clipping nailsputting on stitched garments (for men)applying fragrance,  covering the head (for men), ejaculation as a result of looking, or  intimacy without ejaculation:

1-   fasting three days.

2-   or feeding six poor persons.

3-   or slaughtering a sheep.

For the Prophet –peace be upon him- said to  Ka`b b. 'Ujra (may Allah be pleased with him) when lice troubled him:

[احْلِقْ رَأْسَكَ وَصُمْ ثَلاَثَةَ أَيَّامٍ، أَوْ أَطْعِمْ سِتَّةَ مَسَاكِينَ، أَوِ انْسُكْ بِشَاةٍ ].

[Have your head shaved and then either fast three days or feed six poor persons or slaughter one sheep as a sacrifice][1].

The same is applied as regards other acts, because they are forbidden during the state of ihram, but they invalidate Hajj.

- As for hunting game, the hunter is given the choice of three options: slaughtering the equivalent from sacrificial animals, finding out the price of the equivalent (from sacrificial animals) and purchasing food of an equal value to be distributed among the poor such that every poor person receives Mudd of wheat or  half a saa’ of other food-grain, such as dates or  barley, or observing one fasting in lieu of feeding every poor (i.e. in lieu of every ½ sä' of wheat) for Allah Almighty says:

{وَمَنْ قَتَلَهُ مِنْكُمْ مُتَعَمِّدًا فَجَزَاءٌ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَوْ عَدْلُ ذَلِكَ صِيَامًا} (المائدة:95).

Translation:{ And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you as an offering [to Allah ] delivered to the Ka'bah, or an expiation: the feeding of needy people or the equivalent of that in fasting} (Qur'an 5:95).

- As for having intercourse before the first stage of exiting ihram, as well as ejaculation as a result of intimacy, masturbation, kissing, touching ( a woman) with desire, or repeated gaze, Hajj become invalid even if a person has intercourse out of forgetfulness or ignorance, or because he was forced to do it. The fidyah in such a case is to sacrifice a camel, make up the hajj, and repent to Allah. However, having intercourse after the first stage of exiting ihram doesn't invalidate hajj, but slaughtering a sheep is a must.

- As for entering into a marriage contract, there is no fidyah required, but the contract in such a case is considered invalid.

- As for the fidyah of cutting trees or plants of the Haram, which were not planted by, is to slaughter a sheep for cutting a small tree and a cow for bigger ones. The fidyah for cutting off plants and leaves is their value. These rulings are with regards committing any of forbidden acts (during ihram) deliberately. With regard to the one who does any of these forbidden things out of forgetfulness or ignorance, he does not have to offer any expiation.

 

To be continued, insha Allah...


[1] Sahih Al-Bukhari (1815) and Sahih Muslim (1201)

 

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