Hajj & Umrah: 4. How to Deal with Ihraam Violations & the Prescribed Penalties (Fidyah)

BISMILLAH

So when a muhrim (a person in Ihraam for Hajj or `Umrah) falls into a violation from the violations we have mentioned in the previous three articles, then such a person is in one of three conditions:

1. He was forgetful, ignorant, compelled or asleep. So therefore he fell into a violation of Ihraam. Upon such a person there is no penalty, and no sin and there is no corruption of his Hajj or `Umrah due to the saying of Allaah:

رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا

“Our Lord, do not impose blame upon us if we have forgotten or erred.” [2:286]

And other verses in the Qur’aan that are similar to this. So verses such as this apply to the one who is excused due to ignorance or forgetfulness. So once the ignorant one is informed, the forgetful is reminded, the sleeping one is awakened, then the excuses are no longer applicable. Such a person must immediately fulfil the obligations. And if he persists in the violation thereafter, he is regarded as sinful. Then upon him is to pay a penalty for the violation (fidyah) or whatever else is applicable.

An example of this is the Muhrim male who is asleep and he covers his head without realising. So there is nothing upon him whilst he is asleep. However, when he awakens, he must uncover his head immediately. And if he persists in covering his head, he is considered sinful and upon him is whatever is applicable to him.

2. The one who deliberately commits a violation of Ihraam but only due to a good reason that allows him to do so. So upon him is what is applicable due to him falling into a violation (such as a penalty) but there is no sin upon him based upon the saying of Allaah, the Most High:

وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ

“And do not shave your heads until the sacrificial animal has reached its place of slaughter.” [2:196]

فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ

“And whoever among you is ill or has an ailment of the head [making shaving necessary must offer] a ransom of fasting [three days] or charity or sacrifice.” [2:196]

3. The one who commits a violation deliberately without a valid excuse. Upon such a person is what is applicable (such as a penalty) and he is additionally considered sinful.

The Categories of Violation in Accordance to the Respective Penalties (Fidyah)

Under this title heading the violations of the Ihraam in accordance to their respective penalties are divided into four categories:

1. That which requires no penalty, and that for is marriage contract.

2. That which requires a penalty of a camel or cow, and that is for having sexual intercourse before the “first exiting” from Ihraam in Hajj.

3. The penalty of making compensation or its equivalent, and that is for killing wild game.

4. The penalty for an affair that requires fasting, or charity, or a sacrifice in accordance to what was mentioned previously in part 1 regarding the penalty for ailment or harm, and that is for shaving the head in whilst in Ihraam. And the scholars have connected to this penalty all the rest of the violations with the exception of the three mentioned above. The penalty is: fast three days or, feed six poor people half saa` each or, slaughter a sheep and feed it to the poor [in accordance to the verse above].

Source:

Manaasik al-Hajj wal-`Umrah wal-Mashroo` Fiz-Ziyaarah of Shaikh Muhammad Ibn Saalih al-`Uthaimeen (rahimahullaah).

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