The Book of Hajj and Umrah

Expiations in Hajj

الْفِدْيَةِ

Glossary

Chapter on Expiation

Expiation is of two types:
The first is where one is given a choice:
This is the expiation for shaving the hair due to some necessity, wearing clothes that are sewn, or wearing perfume. The person has the choice to fast three days, feed three ṣâ‘s of dates to six poor individuals, or slaughter a sheep or goat. ⁶⁴⁸

:وَهِيَ عَلَى ضَرْبَيْنِ
:أَحَدُهُمَا
:عَلَى التَّخْيِيْرِ
وَهِيَ فِدْيَةُ الأَذَى وَاللُّبْسِ وَالطِّيْبِ، فَلَهُ الْخِيَارُ بَيْنَ صِيَامِ ثَلاَثَةِ أَيَّامٍ، أَوْ إِطْعَامِ ثَلاَثَةِ آصُعٍ مِنْ تَمْرٍ لِسِتَّةِ مَسَاكِيْنَ، أَوْ ذَبْحِ شَاةٍ

The expiation for killing game animals is a domestic animal that is equal to the wild

وَجَزَاءُ الصَّيْدِ مِثْلُ مَا قَتَلَ مِنَ النَّعَمِ، إِلاَّ

648. This is because Allah the Almighty says:

{…And do not shave your heads until the hady reaches the place of sacrifice. And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a ransom of fasting [for three days] or giving charity [feeding six poor persons] or offering a sacrifice [one sheep].} (al-Baqarah 2: 196)

وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ ۚ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ

In the following report, the expiation is further clarified:

Ka‘b ibn ‘Ujrah (RA) said: I was carried to the Messenger of Allah (SA) while lice were bouncing on my face. He said, “I did not think that you were in this much pain and under this much hardship. Do you have a sheep or a goat?” I said no. He said, “Then fast three days or feed six poor individuals; for each one half a ṣâ‘.” (Ag – from Ka‘b ibn ‘Ujrah)

عن كَعْبِ بن عُجْرَةَ: حُمِلْتُ إلى رسول اللَّهِ  وَالْقَمْلُ يَتَنَاثَرُ على وَجْهِي فقال ما كنت أُرَى الْوَجَعَ بَلَغَ بِكَ ما أَرَى أو ما كنت أُرَى الْجَهْدَ بَلَغَ بِكَ ما أَرَى تَجِدُ شَاةً فقلت لَا فقال فَصُمْ ثَلَاثَةَ أَيَّامٍ أو أَطْعِمْ سِتَّةَ مَسَاكِينَ لِكُلِّ مِسْكِينٍ نِصْفَ صَاعٍ

According to (A), one mudd of wheat equals 1/2 ṣâ‘ of other foods, so if he donates dates, he donates 3 ṣâ‘s as in the hadith, but if he donates wheat, he donates 1.5 ṣâ‘s only.

one killed, except for birds, as their value instead would be due – except for a pigeon, for which a sheep is due, and an ostrich, for which a camel is due. He is given the choice of sacrificing an equal domestic animal, or giving its value in food, feeding a mudd to every poor individual, or fasting a day in place of every mudd he had to give away. ⁶⁴⁹

الطَّائِرَ، فَإِنَّ فِيْهِ قِيْمَتَهُ، إِلاَّ الْحَمَامَةَ، فَفِيْهَا شَاةٌ، وَالنَّعَامَةُ، فَفِيْهَا بَدَنَةٌ، وَيُخَيَّرُ بَيْنَ إِخْرَاجِ الْمِثْلِ أَوْ تَقْوِيْمِهِ بِطَعَامٍ، فَيُطْعِمُ لِكُلِّ مِسْكِيْنٍ مُدًّا، أَوْ يَصُوْمُ عَنْ كُلِّ مُدٍّ يَوْمًا

The second type is where the sequence (for the options of expiation) must be followed:
This is for the person who is performing tamattu‘. He must sacrifice a sheep or a goat. If he does not have one, then he must fast

الضَّرْبُ الثَّانِيْ عَلَى التَّرْتِيْبِ وَهُوَ المتَمَتِّعُ، يَلْزَمُهُ شَاةٌ، فَإِنْ لَمْ يَجِدْ، فَصِيَامُ ثَلاَثَةِ أَيَّامٍ فِي

649. This is based on the following verse:

{O you who believe! Do not kill game while you are in a state of iḥrâm. Whoever of you does so intentionally, the penalty is an offering brought to the Kaaba of an eatable animal (sheep, goat, cow, and so on) equivalent to the one killed, as judged by two just men among you; or an expiation: food for poor persons; or the equivalent of this in fasting, so that he may taste the evil consequence of his deed…} (al-Mâ‘idah 5: 95)

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنتُمْ حُرُمٌ ۚ وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا فَجَزَاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًا لِّيَذُوقَ وَبَالَ أَمْرِهِ

He donates one mudd of wheat or 1/2 ṣâ‘ of dates or other foods. He will fast one day in place of every meal he should have donated. (A/SM)

(One mudd is 2 handfuls for an average adult [with the two hands cupped together], which is approximately 0.51-0.75 liters; 4 mudds make one ṣâ‘.)

three days while at Hajj and seven days when he returns (to his homeland). ⁶⁵⁰

. الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعَ

For the one who had intercourse, he must sacrifice a camel, ⁶⁵¹ and if he cannot afford it, he must fast like the one making tamattu‘. ⁶⁵²

. وَفِدْيَةُ الْجِمَاعِ بَدَنَةٌ، فَإِنْ لَمْ يَجِدْ، فَصِيُامُ كَصِيَامِ المتَمَتِّعِ

650. This is based on the following verse:

{…And whoever performs the ‘umrah in the months of Hajj, before (performing) the Hajj, (meaning Hajj at-tamattu‘ or al-qirân), he must slaughter a hady such as he can afford, but if he cannot afford it, he should observe fasting for three days during the Hajj and seven days after his return (to his home). This is for him whose family is not present at al-Masjid al-Ḥarâm (meaning one who is not a resident of Makkah or nearby areas)…} (al-Baqarah 2: 196)

فَإِذَا أَمِنتُمْ فَمَن تَمَتَّعَ بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۚ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ ۗ تِلْكَ عَشَرَةٌ كَامِلَةٌ ۗ ذَٰلِكَ لِمَن لَّمْ يَكُنْ أَهْلُهُ حَاضِرِي الْمَسْجِدِ الْحَرَامِ

The same rulings apply to the qirân, because the person who does that gets to enjoy the ease of making Hajj and ‘umrah in one trip.

The three days to be fasted at Hajj may be fasted during the iḥram of ‘umrah. He may fast the day of ‘Arafah as well, even though it is not preferred for other pilgrims. He may also fast during the days of tashreeq. (A/SM) It would be best for him to end his fasting by the day of ‘Arafah.

651. Whenever a camel is due, a cow will also suffice.

652. Intercourse before the First Taḥallul

The one who had intercourse before the first taḥallul is required to:

1- Finish the spoiled Hajj.

2- Perform another Hajj the following year.

(The expense of the make-up Hajj for the spouse who was coerced will be on the other spouse. Otherwise, if it was consensual, each one will be responsible for their expenses.)

3- Slaughter a camel. (If they were both willing, each one should sacrifice.)

All three have been reported from Ibn ‘Abbâs and Ibn ‘Umar (rahum) and not contested by any Companions; thus it is their consensus.

The ruling is the same for the sacrifice due for missing the Hajj. ⁶⁵³

. وَكَذٰلِكَ الْحُكْمُ فِي دَمِ الْفَوَاتِ

The person who is prevented from proceeding must sacrifice an animal; if he cannot afford it, he must fast for ten days. ⁶⁵⁴

. وَالْمُحْصَرِ يَلْزَمُهُ دَمٌ، فَإِنْ لَمْ يَجِدْ، فَصِيَامُ عَشَرَةِ أَيَّامٍ

If one had intercourse after the first taḥallul, he would have to:

1. Slaughter a sheep or goat,

2. Go back to at-Tan‘eem for a new iḥrâm, in order to be able to continue the rites, since his iḥrâm is spoiled.

His Hajj is not spoiled, and he does not to need to make it up.

653. By coming late to Hajj and not standing at ‘Arafah for any portion of the day or night. Note that the one who missed Hajj and had not made a condition of exemption in his iḥrâm will also have to make up for the missed Hajj the following year. This is based on ‘Umar’s fatwa to a man called Habbâr ibn al-Aswad. (Ba)

Note that the similarity in the ruling between missing the Hajj and the expiation for intercourse is related to the requirement of following the sequence (fasting only for those who cannot afford sacrificing). However, unlike the expiation for intercourse, the required offering in missing the Hajj is a sheep/goat. The same ruling of missing the Hajj applies to those who miss an obligation.

654. For Allah (ST) says:

{And perform properly the Hajj and ‘umrah for Allah. However, if you are prevented (from completing them), sacrifice a hady (animal, meaning a sheep, cow, camel and so on) such as you can afford, and do not shave your heads until the hady reaches the place of sacrifice...} (al-Baqarah 2: 196)

وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ ۚ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۖ وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ

Notice that there is no mention of fasting in the verse. However, (A) prescribed it by analogy with the case of the one making tamattu‘, for the person who cannot afford to slaughter. Summary of the rulings of iḥṣâr:
- If one was prevented by an enemy or unjustifiable detention from the rituals of Hajj, but was able to make it to the Ḥaram, they will make ‘umrah and then exit from their iḥrâm. Nothing else is required.

If a person does a forbidden act more than once, aside from killing game animals, then expiation is due once. But if he already compensated for the first forbidden act before committing the second, the ruling pertaining to the first becomes void. [The first one has been concluded, so he must expiate for the second].

وَمَنْ كَرَّرَ مَحْظُوْرًا مِنْ جِنْسٍ غَيْرِ قَتْلِ الصَّيْدِ، فَكَفَّارَةٌ وَاحِدَةٌ، فإن كَفّرَ عَنِ الأَوَّلِ قَبْلَ فِعْلِ الثَّانِي سَقَطَ حُكْمُ مَا كفَّرَ عَنْهُ

If he committed two or more forbidden acts of different types, then expiation is due for each one.

. وَإِنْ فَعَلَ مَحْظُوْرًا مِنْ أَجْنَاسٍ، فَلِكُلِّ وَاحِدٍ كَفَّارَةٌ

[Doing an Iḥrâm Prohibition Absentmindedly]

For shaving, clipping the nails, having intercourse and killing game animals, it is the

. وَالْحَلْقُ وَالتَّقْلِيْمُ وَالْوَطْءُ وَقَتْلُ الصَّيْدِ

- If they were not able to make it to the Ḥaram, they will make an offering (sheep/goat) and exit from their iḥrâm. Neither shaving nor anything else is required. If they cannot afford the offering, they must fast ten days.

- If they were prevented from ṭawâf al-ifâḍah, after the first taḥallul, they stay in this state of partial iḥrâm (where intercourse is the only prohibition) until they make ṭawâf al-ifâḍah. (S) allows them to make an offering, shave, and exit from their iḥrâm like any muḥṣar. - According to (A) + (+M, +S), disease and lack of means to proceed do not constitute sufficient grounds for iḥṣâr and would not allow one to exit from the state of iḥrâm. According to (a) + (-H, -t), being prevented could be because of any reason that prevents one from proceeding, such as an enemy – by consensus, sickness, or simply not having the means to proceed.

- In the case of iḥṣâr, no make-up is required. This is different from fawât (missing Hajj), because no negligence is committed by the muḥṣar.

- If one makes a condition at the time of iḥrâm that they will be released from liability if they are not able to proceed with their Hajj, he or she will be able to exit from the state of iḥrâm in all of the above scenarios without any further liability.

same whether they are done intentionally or absentmindedly. ⁶⁵⁵

يَسْتَوِيْ عَمْدُهُ وَسَهْوُهُ.

For the rest of the forbidden acts, there is nothing due in the case of forgetfulness.

. وَسَائِرُ الْمَحْظُوْرَاتِ لاَ شَيْءَ فِيْ سَهْوِهِ

[Where One Should Expiate]

Every sacrifice or provision of food must be for the poor individuals of al-Ḥaram (the sacred precinct), except for the expiation for shaving or clipping of nails, which may⁶⁵⁶ be offered at the place where he shaved.
The sacrifice of al-muḥṣar (the one prevented from proceeding) must be slaughtered in the place where he is.
As for fasting, it is valid anywhere.

.وَكُلُّ هَدْيٍ أَوْ إِطْعَامٍ، فَهُوَ لِمَسَاكِيْنِ الْحَرَمِ، إلاَّ فِدْيَةَ الأَذَى يُفَرِّقُهَا فِي الْمَوْضِعِ الَّذِيْ حَلَقَ فِيْهِ
. وَهَدْيُ الْمُحْصَرِ يَنْحَرُهُ فِيْ مَوْضِعِهِ
. وَأَمَّا الصِّيَامُ فَيُجْزِئُهُ بِكُلِّ مَكَانٍ

655. As for shaving the hair and clipping the nails, this is the popular position in (A), but there is another position (a) + (-s, -Z, -t) that forgetfulness is an excuse, and no expiation is required. They cited the general principle of exempting those who forget or err, when such errors pertain to the rights of Allah the Almighty. As for intercourse, according to (-S, -t), when it is done absentmindedly, under coercion, or while unaware of the ruling (when plausible), it does not invalidate the Hajj at any time. As for killing game animals, (A) + (+H, +M, +S) do not differentiate between intentional or unintentional killing when it comes to the obligation of expiation. They argued that it is a financial liability, so it would be like destroying the property of others mistakenly or absentmindedly. (-Z): Nothing is required of him because Allah said:

“…And whoever of you kills it intentionally ̶ the penalty is an equivalent from sacrificial animals to what he killed…” (al-Mâ‘idah 5: 95)

وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا فَجَزَاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ

656. (A/SM) or may be offered in al-Ḥaram (the sacred precinct).

Expiations in Hajj

( Page : no 52)

The Book of Hajj and Umrah

الْفِدْيَةِ

Introduction

The Book of Purification

The Book of Prayer

The Book of Funerals

The Book of Fasting

The Book of Hajj and 'Umrah

Book of Zakat

The Book of Selling and Commercial Transactions

The Book of Bequests

The Book of Inheritance

The Book of Marriage

The Book of Divorce

The Book of Sadaq

The Book of Dhihar

The Book of Lian

The Book of Foods

The Book of Oaths

Book of Fatal and Non-Fatal Assault

The Book of Indemnities

The Book of Hudood

The Book of Jihad

The Book of the Judiciary

The Book of Testimonies

Appendix

Glossary

Chapter on Expiation

[Doing an Iḥrâm Prohibition Absentmindedly]

[Where One Should Expiate]

Expiations in Hajj