6.
Hajj Q and A:
السلام عليكم ورحمة الله وبركاتة
بِسْمِ ٱللَّٰهِ
ٱلرَّحْمَٰنِٱلرَّحِيمِ
6. What is the ransom [Fidyah] for the following?
1.If one is shaving head due to some ailment at
ihram.
2. If one is not having hady during hajj.
3. If an animal is killed during ihram
Answer:
1. If one is shaving head due to some ailment at ihram.
"And if any of you is ill, or has an ailment in his
scalp, (Necessitating shaving), (He should) in compensation either fast, or
feed the poor, or offer sacrifice. [2:196].
Imam Ahmad recorded that Ka`b bin Ujrah [RA] said,
"Allah's Messenger ﷺ came by while I was igniting the fire under a pot and
while the lice were falling down my head or my eyelids. He said: "Do these
lice in your head bother you?" I said, `Yes' He said: "Shave it, then
fast three days, or feed six poor people, or sacrifice an animal. Ayub (one of
the narrators of the Hadith) commented, "I do not know which alternative
was stated first.'' "Pay a Fidyah of fasting (three days), or feeding (six
poor persons) or sacrificing (an animal).'' Meanwhile, the Prophet advised Ka`b
with the more rewarding option first, that is, sacrificing a sheep, then
feeding six poor persons, then fasting three days.
2. If one is not having hady during Hajj.
"But he who cannot find (any offering) should fast
for three days during the pilgrimage and for seven days when you return; these
(make) ten (days) complete; this is for him whose family is not present in the
Sacred Mosque, and be careful (of your duty) to Allah, and know that Allah is
severe in requiting (evil)." [2:196].
Al-Awfi said that Ibn Abbas said, "If one does not
have a Hady, he should fast three days during Hajj, before Arafah day. If the
day of Arafah was the third day, then his fast is complete. He should also fast
seven days when he gets back home.''
3. If an animal is killed during ihram.
Allah says: “Hunting being unlawful when you assume
Ihram for Hajj or ‘Umrah “[5:1] “But when you finish the Ihram (of Hajj or
‘Umrah), you may hunt” [5:2}.
He also says: "O you who believe! do not kill game while you are on pilgrimage, and whoever among you shall kill it intentionally, the compensation (of it) is the like of what he killed, from the cattle, as two just persons among you shall judge, as an offering to be brought to the Kaaba or the expiation (of it) is the feeding of the poor or the equivalent of it in fasting, that he may taste the unwholesome result of his deed" [5:95]
But, "Lawful to you is the game of the sea and its
food, a provision for you and for the travelers, and the game of the land is
forbidden to you so long as you are on pilgrimage, and be careful of (your duty
to) Allah, to Whom you shall be gathered." [5:96].
Penalty is same whether hunting is inflicted intentionally or forgetfully:
"Ibn 'Abbas said: "If a muhrim kills an animal, an assessment should be made and then he should make compensation. If he has an animal of an equivalent value for the game, he must slaughter it and give its meat in charity, but if he does not have an animal of an equivalent value, he should assess the value of the game and then give away food for that amount. In case one does not have money for it, then, one must fast one day for each half sa' of food. If a muhrim killed a game, he must slaughter a similar animal according to the judgment of two just men."
If one killed a deer or similar animal, one must slaughter a sheep in Makkah. If one cannot buy a sheep, then, one must feed six poor people, and if one cannot afford that, then one must fast three days. If one killed a male adult deer or similar animal, he must slaughter a cow, otherwise one must feed twenty needy people, or fast for twenty days. If an ostrich or zebra or similar animal is killed, one must fast thirty days. This is reported by Ibn Abi Hatem and Ibn Jarir. They also added to this the words: The food given to the needy must be sufficient to satisfy their hunger."
If a group of pilgrims, in ihram, jointly kill an animal, each of them will be liable to the penalty. The penalty for eating the hunted animal is the same as for killing it. Thus, if the pilgrim in ihram hunts the animal, then eats it, he will be liable to double the rate of the penalty.
During ordinary days killing the animals is probihited in Makka:
★It is obligatory on a pilgrim,
in of ihram, to avoid the path on which there are locusts, but if that is not
possible, there is no objection, if they get killed.
★If a person, not in ihram, has with him the hunted animal and enters the Haram in his possession, he must immediately release it; if he does not do so and the animal dies, he becomes liable to pay the penalty.
★The same is the rule, if the hunting took place before ihram, but the animal died after ihram, i.e. the penalty must be paid, even if he did not enter the Haram, as a matter of precaution,
★If the hunting is repeated, so is the
penalty, whether the hunting was out of ignorance, due to an oversight or
deliberate - by a person, not in ihram, inside the Haram.
★The same rule applies to the
hunting in the Haram by pilgrim, in the state of ihram - in each and every
ihram.
★Al-Qasim ibn Muhammad said: I
heard ‘Ayesha (RA), say: I heard the Messenger of Allah ﷺ say: “There are four
things which are fasiq (corrupt) and may be killed at all times, whether one is
in a state of ihram [for Hajj and ‘Umrah] or not: kites, crows, mice/rats and
mad dogs.” (Muslim, 1198)
الحمدلله
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