49.2. CHAPTER AL-FIDYAH
If a person repeats a forbidden act of the same nature and has not yet offered fidyah for the first one, then he just has to offer it once. This, however, does not apply to hunting.
“Section”: Clarification that repetition of forbidden acts does not necessitate repeated expiations.
“If a person repeats a forbidden act of the same nature and has not yet offered fidyah for the first one”: For example, if he plucked out some hairs from his head or body and then repeated it by plucking more hair a few more times, then this constitutes a repetition of the forbidden act of the same nature. He is obliged to offer only one fidyah in the event that he has yet to do so for the forbidden act committed initially. However, if he had offered the fidyah after the initial forbidden act and then went on to repeat the forbidden act of the same nature, he must offer the fidyah once again as a merger of forbidden acts is not possible after the fidyah has been offered.
“This, however, does not apply to hunting”: Fidyah is necessary for every single animal which was killed in this manner. Allah says: {And whoever of you kills it intentionally, the penalty is an equivalent from sacrificial animals to what he killed.} (Al-Maidah: 95) Hence, fidyah is to be offered repeatedly corresponding with the number of animals hunted.
He who commits various forbidden acts must offer fidyah each time a forbidden act is committed; even if it nullifies his state of ihram.
This is an explanation of fidyah being repeated each time a violation is done.
“He who commits various forbidden acts must offer fidyah each time a forbidden act is committed”: For example, he shaved his head then had sexual intercourse with his wife and finally killed an animal that he is forbidden to hunt. These are a variety of forbidden acts. He is obliged to offer fidyah for each forbidden act committed. Offering just one fidyah will not suffice.
“Even if it nullifies his state of ihram’-. His state of ihram being rendered null and void does not pardon him from offering the fidyah. Even when his state of ihram is nullified, he is obliged to complete all the rites of pilgrimage. A person who enters into ihram is duty-bound to do so as Allah says: {And complete Hajj and ‘Umrah for Allah.} (Al-Baqarah: 196) And He says: {So whoever has made Hajj obligatory upon himself therein [by entering the state of ihram.]} (Al-Baqarah: 197)
That is, he who enters into the state of ihram. Ihram is termed as farada (obligation) by Allah because anyone who enters into it is obliged to complete it, even when his ihram is nullified in the process.
A person who forgetfully does the following forbidden acts is pardoned of fidyah: wearing stitched garments, applying perfume and covering the head. Sexual intercourse, hunting, clipping nails and shaving the head are excluded.
“A person who forgetfully does the following forbidden acts is pardoned of fidyah”-. The author is discussing the case where a person commits a forbidden act in a state of forgetfulness. When is the offering of fidyah pardoned? When is it not?
If a muhrim commits a forbidden act that causes damage, then its fidyah cannot be pardoned even if it was performed forgetfully. Examples are: shaving the head and clipping the nails. However, fidyah for a forbidden act that does not cause damage is pardoned if committed forgetfully. Examples are: applying perfume, wearing stitched garments and covering the head. The Messenger of Allah(pbuh) said, “My nation is forgiven for their mistakes, forgetfulness and that which is coerced upon them.” (Reported by Ibn Majah (2040 and 2043) from the narration of Abu Dharr.)
The correct opinion is that fidyah is pardoned in two aspects that stem from forgetfulness: Allah says: {Our Lord! Do not impose blame upon us if we have forgotten or erred.} (Al-Baqarah: 286) He says: {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended.} (Al-Ahzab: 5)
When mentioning about hunting, Allah says: {And whoever of you kills it intentionally- the penalty is an equivalent from sacrificial animals to what he killed.} (Al-Ma’idah: 95) And the saying of the Prophet “My nation is forgiven for their mistakes, forgetfulness and that which is coerced upon them.” (As mentioned in al-Insaf, “Abu Muhammad al-jawzi and others preferred this view, which is also the author’s view, i.e., Ibn Qudamah.” (3/527))
All animals sacrificed and feeding of food should be given to the poor people of the Haram. The fidyah offered for causing harm, wearing of stitched garments and the like and the dumm penalty offered by one who has restrictions can be given wherever it is stipulated. Fasting can be done anywhere.
The author here discusses the place of the types of fidyah.
“All animals sacrificed and feeding of food should be given to the poor people of the Haram”: All animals sacrificed for performing the tamattu form of pilgrimage and as fidyah for atonement must be given to the poor people of the Haram. In fact, the slaughter should take place within the boundary of Haram. Its meat should be distributed to the poor people therein. Similarly, food should be distributed to the poor people of the Haram. It is not permissible to feed people living outside the Haram.
“The fidyah offered for causing harm, wearing of stitched garments and the like and the dumm penalty offered by one who has restrictions can be given wherever it is stipulated”: Fidyah that is made wajib due to the individual being restricted and the fidyah offered due to committing forbidden acts by way of sacrificing an animal or feeding the poor may be carried out at the place where it becomes wajib. That is, the place where the forbidden act was committed; regardless whether it is within the Haram or outside. The Prophet(pbuh) sacrificed his animal and distributed its meat at Hudaybiyyah where he was prevented from moving onwards. This place is outside of the Haram.
“Fasting can be done anywhere”: There is no restriction as to where one can perform the expiating fasts. He may fast on his journey, in his country or in Makkah. All of this is permissible. Fasting is not restricted to the Haram.
The dumm is a sheep or a seventh of a camel. To offer a cow instead is permissible.
“The dumm is a sheep or a seventh of a camel. To offer a cow instead is permissible”: Al-dumm (the penalty) refers to a small cattle animal. It may be a sheep or goat. A sheep should be at least six months old while the goat should be at least a year old. The animal should be free from any defects as would be the animal meant to be sacrificed for ‘Eid al-Adha. Seven people may share equally to offer a camel. He then takes his seventh of the total meat and distributes it to the poor people of the Haram as fidyah. It is not necessary that the other six share-holders have an intention to offer fidyah. They might have performed the sacrifice just for the meat. It is inconsequential. He may also equally share with six others to offer a cow. A cow is a replacement for a camel.
By Shaykh Salih ibn Fawzan al-Fawzan
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