49.1. CHAPTER AL-FIDYAH
“Chapter: Al-Fidyah”: Fidyah is expiation in the form of sacrificing an animal which could be due to performing the tamattu or qiran forms of Hajj or it could be due to a violation during pilgrimage when one performs a forbidden act or misses out on doing a wajib act. Fidyah is also offered if one faces restrictions in performing the rites of Hajj completely.
The fidyah which is wajib is of three types:
First type: Fidyah offered whilst performing Hajj al-tamattu or al-qiran.
Second type: Fidyah as atonement for violation of Hajj rites when an act forbidden during the state of ihram is committed or if a wajib act of the Hajj or ‘Umrah rites is omitted. This expiation will atone for the shortcomings of the pilgrimage.
Third type: Fidyah offered due to certain restrictions.
There are three options for offering fidyah for the violation of shaving the hair, clipping of nails, covering the head, applying perfume and wearing stitched clothes. The options are: fasting three days or feeding six poor people. The poor are given a mudd of wheat or half a ra’ of dates or barley. He can also opt to sacrifice a sheep.
Translator’s note: a mudd is a unit of dry measure which is a quarter of a sa’ or 375 grams.
“There are three options for offering fidyah for the violation of shaving the hair, clipping of nails, covering the head, applying perfume and wearing stitched clothes. The options are: fasting three days or feeding six poor people. The poor are given a mudd of wheat or half a sa of dates or barley. He can also opt to sacrifice a sheep”: Fidyah as an atonement is divided into two categories:
Firstly: Fidyah with options. This sub-divides into two. The first sub-division is the fidyah of relief from harm, where one does an act to remove something that harms him. If one shaves his head, it is wajib upon him to offer fidyah by sacrificing a sheep in Makkah and distributing it to the poor people or by feeding six poor people from the inhabitants of the Haram. He must feed each person half a sa which is equivalent to one and a half kilogram. He may also opt to offer the fidyah by fasting for three days.
Through analogy, we can derive a similar ruling for clipping of the finger or toe nails, applying perfume and covering of the head from the original ruling of shaving the head. This is because these acts, like the shaving of the head, are acts done in deference to one’s whims and thus assume a similar ruling. Hence a person who does these acts must offer fidyah in any one of the three ways. Allah says: {And do not shave your heads until the sacrificial animal has reached its place of slaughter. 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.} (Al-Baqarah: 196)
The Prophet(pbuh) explained the meaning of this ayah in the hadith narrated by K’ab ibn ‘Ujrah whose hair was infested with lice. (Reported by al-Bukhari (3/12,13), (5/164), (6/33) and Muslim (4/20,21 and 22) from the narration of K’ab ibn ‘Ujrah.) He(pbuh) ordered him to shave his head and offer expiation by either sacrificing a sheep, feeding six poor people (with each person given half a sa’ of food) or fasting for three days. He is at liberty to choose one of the three options.
The expiation for hunting is to offer a similar animal as sacrifice or the value of it in cash with which food is bought to feed each poor person a mudd of food. He may opt to fast a day for each mudd. The expiation for hunting an animal that cannot be procured easily is to choose between feeding the poor and fasting.
“The expiation for hunting is to offer a similar animal as sacrifice or the value of it in cash with which food is bought to feed each poor person a mudd of food. He may opt to fast a day for each mudd”: The second type of fidyah with options is the fidyah for hunting an animal. This can be subdivided into two: Firstly, the fidyah that has three options and secondly, the fidyah that has only two options.
If a muhrim kills an animal forbidden to kill in ihram or he helped to kill it or gave directions that led to its killing. He must offer fidyah as commanded by Allah in the ayah: {O you who have believed, do not kill game while you are in the state of ihram. 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 delivered to the Ka’bah, or an expiation: the feeding of needy people of the equivalent of that in fasting, that he may taste the consequence of his deed.} (Al-Maidah: 95)
Fidyah has three options: If he kills an animal intentionally, it becomes wajib upon him to sacrifice an animal similar to that which he killed. I.e., a similar animal to it from sacrificial animals. Allah says: {The penalty is an equivalent from sacrificial animals to what he killed.} This will be discussed in greater detail later on in the chapter. Hence, he must sacrifice an animal similar to the one he killed while in ihram. He may also purchase food with cash that is of equal value to the animal killed. He then distributes the food to poor people, giving each person a mudd of wheat, which is a quarter of a sa. He may also opt to fast instead. The number of days fasted must be equivalent to the number of poor people he would have fed had he distributed the food.
Fidyah which has two options: “The expiation for hunting an animal that cannot be procured easily is to choose between feeding the poor and fasting”: In this case he may buy food with cash equal to the value of the killed animal and distribute it to the poor in the Haram, giving each person a mudd. He may also opt to fast the number of days equivalent to the number of poor people he would have fed had he distributed the food.
It is wajib to offer the dumm penalty for al-tamattu’ and qiran pilgrimage by sacrificing an animal. If it is not available, then by fasting for three days, to let the last of these fasts fall upon the day of ‘Arafah is best, and seven days after returning to his family.
“It is wajib to offer the dumm penalty for al-tamattu and qiran pilgrimage by sacrificing an animal. If it is not available, then by fasting for three days”: The dumm penalty becomes wajib due to the combining of Hajj and ‘Umrah in the tamattu and qiran forms of pilgrimage. Allah mentions this in the ayah: {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].} (Al-Baqarah: 196)
Order in priority must be observed for the fidyah of the tamattu and qiran forms of pilgrimage. If he is able to sacrifice a sheep or equally shares with seven others to sacrifice a camel or a cow (i.e., one seventh of either of these two), then it is wajib upon him to do so. However, if he is unable to do so due to poverty or loss of provisions, he has to fast for three days during the Hajj.
“To let the last of these fasts, fall upon the day of Arafah is best”: It is mustahabb to fast the three days before the day of ‘Arafah if he entered into ihram with the intention of ‘Umrah. He can fast the three days from the day he entered ihram for ‘Umrah or afterwards up until the day of ‘Arafah, and this is mustahabb. If he is unable to fast before the day of ‘Arafah, he may do so on the days of tashriq, i.e., the eleventh, twelfth and thirteenth of Dhul Hijjah. ‘Aishah reported that no woman was given a concession to fast on the days of tashriq except those who performed the tamattu and qiran forms of pilgrimage. (Reported by al-Bukhari (3/56) narrated by ‘Aishah and Ibn ‘Umar.)
“And seven days after returning to his family”: When he returns to his family, that is, after completing the rites of Hajj, he must fast the remaining seven days. Allah says: {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 [make] ten [days] complete.} (Al-Baqarah: 196)
And if the one facing restrictions is unable to secure a sacrificial animal, then he must fast ten days and then make tahalul.
“And if the one facing restrictions is unable to secure a sacrificial animal, then he must fast ten days and then make tahalul”. This is the third type of fidyah which is mandatory. Restrictions (al-ihsar) are that which prevent a pilgrim from performing the rites of pilgrimage. (See al-Dar al-Naqi (1/412) and al-Misbah al-Munir (p. 190)) If we say for example, that a person entered into ihram so as to perform Hajj or ‘Umrah and then is barred from visiting Masjid al-Haram and is incapable of reaching it. In this predicament, it is wajib upon him to offer fidyah. He may sacrifice an animal at the location he was barred from moving onwards from. He then makes tahalul just as the Prophet(pbuh) had done when the polytheists barred him from entering the Haram sanctuary during the year of Hudaybiyyah. He(pbuh) sacrificed his animal and ordered his Companions to do likewise. They all then made tahalul and left the state of ihram. He who is unable to secure a sacrificial animal must fast ten days. This rule was derived by analogical comparison to the fidyah owed when performing al-tamattu.
Having full sexual intercourse during Hajj will necessitate the sacrifice of a camel. If this was performed during ‘Umrah then a sheep is sacrificed. If she willingly participated with her husband, then she must offer the expiation as well.
We will now discuss the type of fidyah that is atonement for committing forbidden acts whilst in the state of ihram. When a muhrim performs intercourse before making the primary tahalul, it becomes wajib upon him to offer fidyah, offering an animal for sacrifice. That is, the couple must sacrifice one camel if they had sex before making the primary tahalul.
“If this was performed during ‘Umrah then a sheep is sacrificed”: If they had intercourse while both of them were in the state of ihram to perform ‘Umrah and it took place before they performed the tawaf and sa’i, then it is wajib upon each of them to sacrifice a sheep. Their ‘Umrah is nullified. Nevertheless, they should proceed to complete the rites of ‘Umrah. They should then enter into ihram to perform another ‘Umrah from the same miqat as their previous ‘Umrah. They repeat their Umrah so as to make up for the one that was nullified. However, if they had intercourse after performing tawaf and sai but before shaving or shortening the hair, then it is wajib for each of them to offer an animal for sacrifice but their ‘Umrah is valid. “If she willingly participated with her husband, then she must offer the expiation as well”: That is, she acceded to his request to have intercourse and was not averse to it. In this case, it is wajib upon her to sacrifice a camel for having sexual intercourse during Hajj and a sheep for having sexual intercourse during ‘Umrah. This is because she is also culpable as the sex was consensual. If she was forced to have intercourse against her will, then she is not to be blamed and need not offer the sacrifice. The Prophet(pbuh) alluded to this saying, “My nation is forgiven for their mistakes, forgetfulness and that which is coerced upon them.” (Reported by Ibn Hibban in his Sahih (7219), al-Daraqutni (4/170-171) and al-Bayhaqi in at-Sunan al-Kubra (7/356) from the narration of ‘Abdullah ibn ‘Abbas.)
By Shaykh Salih ibn Fawzan al-Fawzan
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