Rulings of Fidyah (Expiation)

04/11/2009| IslamWeb

It is out of the Mercy of Allah The Almighty bestowed upon this Ummah (nation) that He removed from its people the chains and yokes that were upon the previous nations before them: He lightened for them the burdens that were heavy on the others and made easy for them the matter of worship. He The Exalted, The Almighty Says (what means):

     *  {And Allah wants to lighten for you [your difficulties]; and mankind was created weak.} [Quran 4:28]

     *  {….He has chosen you and has not placed upon you in the religion any difficulty…..} [Quran 22:78]

For this reason, He The Almighty prescribed for the Muslims matters therewith to make up for the deficiency in their worship and expiate for the forbidden matters they commit during worship. From this perspective, Fidyah in Hajj has been made permissible under the Sharee‘ah.

Ransom is due on the one who is in the state of Ihraam (ritual consecration) if he does one of the following things:

a)      To commit one of the actions forbidden during Ihraam.

b)     To leave one of the obligatory acts of Hajj or ‘Umrah (lesser pilgrimage).

c)     To perform Hajj At-Tamattu‘ or Al-Qiraan; and in both these cases, the slaughtered sacrificial animal is offered by way of gratitude and not of amendment.

d)     To miss Hajj or be prevented from performing it.

As for the expiation that is due because of committing a forbidden action, then this differs according to the magnitude of the forbidden act that is committed. These forbidden matters may be divided into four divisions with respect to the expiation:

1)    That for which there is no ransom, which is conducting or being party to a wedding contract. If the pilgrim (during his Hajj) contracts for marriage or a wedding contract is made on his behalf, then the contract is invalid according to the opinion of the majority of scholars, and whoever contracts the marriage has sinned by his act, but no expiation is due on him.

2)    That for which the expiation is intensified, which is to have sexual intercourse while in the state of Ihraam. If one has sexual intercourse with his wife before the first termination of Ihraam in Hajj, then he has sinned and his Hajj becomes invalid, and so does her Hajj if she accords with him. It is incumbent upon them to nevertheless continue with the rites of their Hajj and complete the remaining acts which are due upon them and compensate for their Hajj the next year. Moreover, an expiation is due upon each of them, that is, to slaughter a camel and distribute its flesh among the poor of the Sacred Sanctuary (Makkah). Intercourse is the only forbidden thing which invalidates Hajj, but if it occurs after the first termination of Ihraam, then the Hajj is not invalid and it is due upon whoever has done so to slaughter a sheep and distribute its flesh in the Sacred Sanctuary.

3)    That for which the expiation is the equivalent or what is equal to it, which is to kill game. Whoever kills an edible hunted animal during the state of Ihraam, one of the following three is due upon him:

First: The equivalent, which is that the pilgrim should slaughter animals including camels, cows or sheep, equivalent to the game that he has killed. For an ostrich, for example, is a slaughter of a camel; for an onager is a cow, for a deer is a sheep, and so on. Such ‘equivalent’ animals should be slaughtered and its flesh be distributed among the poor of the Sacred Sanctuary.

Second: Feeding, which is to evaluate the equivalent of the game’s value and buy with its price foodstuff to be distributed to the poor and needy, at a rate of half a Saa‘ (double handful) each.

Third: Fasting, which is to estimate the number of the needy to be fed according to the second case, and then that number of days. The evidence for that is taken from the following statement of Allah The Almighty (what means): {O you who have believed, do not kill game while you are in the state of Ihraam. 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, that he may taste the consequence of his deed. Allah has pardoned what is past; but whoever returns [to violation], then Allah will take retribution from him. And Allah is Exalted in Might and Owner of Retribution.} [Quran 5:95]

4)    That for which the expiation for that of an ailment. This includes shaving the head, cutting the nails, a man covering his head with what would stick to it, or wearing form-fitting sewn clothes, applying perfume, and a woman wearing a Niqaab and gloves.

If one in the state of Ihraam commits one of those forbidden things, he is given the freedom to choose to slaughter a sheep and distribute its flesh among the poor of the Sacred Sanctuary, or feed six needy persons at a rate of half a Saa‘ each, or fast for three days. This is called the expiation of ailment and is mentioned in the statement of Allah The Almighty (what means): {…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….} [Quran 2:196]

It is noteworthy that if one in the state of Ihraam repeats the same forbidden thing several times before expiation, like cutting his nails more than once, for example, then only one ransom is due. However, if he commits different forbidden things, like cutting his hair and covering his head, for instance, then, an expiation for each is due. That does not include the penalty for killing game, according to which expiation for each hunted animal is due, even if they are of the same kind.

These are the rulings of expiation that ensue from committing one of the forbidden matters during the state of Ihraam. As for the ransom for leaving a duty, like the failure to assume Ihraam from the Meeqaat (designated points of assuming Ihraam), or the failure to combine both (some of the) night and day in the standing at ‘Arafah, or the failure to spend the night in Muzdalifah and Mina, or the failure to perform the Farewell Tawaaf, to the end of this series of the duties of Hajj, then the slaughtering of a sheep is due. If he cannot find it, then to observe fasting is something debatable as some scholars are of the opinion that he should observe ten days of fasting analogous to the case of not offering the slaughtered animal of Tamattu‘, while others do not make fast binding on such a person at all.

However, it is necessary to note that if a pilgrim has left one of the obligatory duties of Hajj, then an expiation is due on him regardless of whether he left it intentionally or forgetfully or ignorantly, for he has left a rite, unlike committing one of the things forbidden during the state of Ihraam which were previously mentioned, ignorantly, forgetfully or forcibly, in which case nothing is due on him according to the preponderant opinion, in view of the statement of the Prophet : “[The sin committed by] mistake, forgetfulness, or under compulsion is removed from my Ummah.” [Ibn Maajah and others]

If a pilgrim is performing Hajj At-Tamattu‘ or Al-Qiraan, and is not living within the area of Al-Masjid Al-Haraam, then it is due upon him to slaughter an animal, the least of which should be a sheep or one-seventh of a camel or one-seventh of a cow. That slaughtered animal is offered by way of gratitude. If he cannot find or afford it, then he should fast for three days during Hajj and seven days when he returns home, due to the statement of Allah The Almighty (what means): {….then whoever performs ‘Umrah [during the Hajj months] followed by Hajj [offers] what can be obtained with ease of sacrificial animals. And whoever cannot find [or afford such an animal] - then a fast of three days during Hajj and of seven when you have returned [home]. These are ten complete [days]. This is for those whose family is not in the area of al-Masjid al-Haraam….} [Quran 2:196]

Expiation is also due on he who has missed Hajj after assuming Ihraam with the intention to perform it, or who was prevented from performing it by any of the impediments that detained him from reaching the Sacred Sanctuary. This matter has details which we have clarified in the rulings of missing or being prevented (from Hajj); and Allah Knows best.