May Allah guide me to perform the obligatory Hajj last year, knowing that I had already performed 'Umrah in the sacred month. So one of my Muslim brothers told me
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The questioner : May Allah guide me to perform the obligatory Hajj last year, knowing that I had already performed 'Umrah in the sacred month. So one of my Muslim brothers told me that you are a mutamatti' and you must offer a sacrificial animal, so I slaughtered a sacrificial animal after throwing the first pillar. Knowing that I had exited the state of ihram before shaving or shortening my hair or taking a few strands from my head, and before the slaughter as well. Then I learned from one of the pilgrims on the day of the third pillar that I owe a sacrificial animal for the second time, or fasting for ten days, three during Hajj and seven after my return. Knowing that two of the three days have already passed, and the amount of money I have does not exceed one thousand riyals. And as I explained to you previously, I slaughtered a sacrificial animal from it, and what remains is about my expenses for the days of Hajj. So I ask you to clarify to me the ruling on my Hajj: is it valid or not? And what should I do in this situation, as the time has passed? Please inform me, may Allah reward you with good?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, the Seal of the Prophets, and upon his family and all his Companions. As for what follows, before I answer your question, I would like to warn our Muslim brothers in general against issuing fatwas without knowledge. For issuing a fatwa without knowledge is a great sin that Allah Mighty and Majestic has forbidden and equated it with shirk (associating partners with Allah), in His saying:[Al-A'raf 7:33] So His saying, Exalted is He: [Al-Baqarah 2:169] includes speaking about Allah in His names and attributes, and in His actions and rulings. The one who issues fatwas to people without knowledge has spoken about Allah what he does not know and has fallen into what Allah has forbidden him. So he must repent to Allah and he must refrain from misleading people from the path of Allah. For the one who issues a fatwa without knowledge is relied upon by the questioner; if it is wrong, he has misled him from the path of Allah and prevented him from asking the people of knowledge, because he believes—meaning this questioner believes—that what this wrong mufti answered him with is correct, so he stops asking others. And in that case, this wrong mufti becomes one who misleads people from the path of their Lord. And how many fatwas we hear, especially in Hajj, that are wrong and far from the truth, indeed there is nothing of truth in them. It is almost as if you say: at every tent pole there is a scholar issuing fatwas to people. And this is of great danger. So it is obligatory for a person to fear his Lord and not to issue a fatwa except with knowledge taken from the Book of Allah or from the Sunnah of His Messenger (peace and blessings be upon him) or from the sayings of the scholars whose sayings are trusted.
So this one who issued a fatwa to you about what you did, that you owe a sacrificial animal or fasting for ten days, erred in that. And your action, which was that you exited the state of ihram after throwing the Jamarat al-Aqabah and wearing your clothes, thinking that that was permissible before shaving, there is nothing on you for that. In fact, some of the scholars say: the one who throws the Jamarat al-Aqabah on the day of Eid has exited from everything except women. But the correct view is that he does not exit until he throws and shaves or shortens. But since you were ignorant of this matter, there is nothing on you. You do not owe a sacrificial animal or fasting for ten days. Then, the act of doing a prohibited act, if a person does it without an excuse, this is not its expiation. Rather, the act of doing a prohibited act, other than the penalty for hunting and other than the expiation for intercourse in Hajj before the first exit, for all the prohibited acts, one is given a choice between three things: either he fasts for three days, or he feeds six poor people, half a sa' for each poor person, or he slaughters a fidyah (expiation) to be distributed to the poor. As He, the Exalted, said regarding shaving the head:[Al-Baqarah 2:196] And on this occasion, I would also like to warn many people who, whenever they are asked about a prohibited act of ihram, say to the questioner: you owe blood, you owe blood, you owe blood, while it is from what a person is given a choice between these three: fasting for three days, or feeding six poor people, half a sa' for each poor person, or slaughtering a sheep. And in that case, they oblige people with what they are not obliged to do. And it is obligatory for the mufti to consider the conditions of people and for his fatwa to be in accordance with what came in the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him).
And the summary of my answer is in two things. The first thing: warning against rushing into a fatwa that is not based on the Book of Allah or the Sunnah of His Messenger (peace and blessings be upon him) or the sayings of the trusted scholars when it is difficult to take the ruling from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). And secondly, what you did, O brother, where you wore your clothes when you threw the Jamarat al-Aqabah before shaving, and there is nothing on you for that, because you were ignorant. And the ignorant one who does not know which prohibited act he is doing has nothing on him for it. Then, in your question, you said: before I shave or shorten or take a few strands. And this indicates that you think that taking a few strands is sufficient for shortening, and this is not correct. For taking a few strands is not sufficient, rather it is necessary to shorten in a way that covers the entire head, either shaving that covers the entire head, or shortening that covers the head as well. As for taking a few strands from one side, as most ignorant people do, this is not sufficient and it is not permissible to settle for it.
The questioner : May Allah reward you.
The questioner : This questioner is M. T. R., a Syrian teacher in Yemen.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, the Seal of the Prophets, and upon his family and all his Companions. As for what follows, before I answer your question, I would like to warn our Muslim brothers in general against issuing fatwas without knowledge. For issuing a fatwa without knowledge is a great sin that Allah Mighty and Majestic has forbidden and equated it with shirk (associating partners with Allah), in His saying:
Say, "My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know."
قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَانًا وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لا تَعْلَمُونَand to say about Allah what you do not know.
وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لا تَعْلَمُونَSo this one who issued a fatwa to you about what you did, that you owe a sacrificial animal or fasting for ten days, erred in that. And your action, which was that you exited the state of ihram after throwing the Jamarat al-Aqabah and wearing your clothes, thinking that that was permissible before shaving, there is nothing on you for that. In fact, some of the scholars say: the one who throws the Jamarat al-Aqabah on the day of Eid has exited from everything except women. But the correct view is that he does not exit until he throws and shaves or shortens. But since you were ignorant of this matter, there is nothing on you. You do not owe a sacrificial animal or fasting for ten days. Then, the act of doing a prohibited act, if a person does it without an excuse, this is not its expiation. Rather, the act of doing a prohibited act, other than the penalty for hunting and other than the expiation for intercourse in Hajj before the first exit, for all the prohibited acts, one is given a choice between three things: either he fasts for three days, or he feeds six poor people, half a sa' for each poor person, or he slaughters a fidyah (expiation) to be distributed to the poor. As He, the Exalted, said regarding shaving the head:
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.
وَلا تَحْلِقُوا رُءُوسَكُمْ حَتَّى يَبْلُغَ الْهَدْيُ مَحِلَّهُ فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ بِهِ أَذًى مِنْ رَأْسِهِ فَفِدْيَةٌ مِنْ صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍAnd the summary of my answer is in two things. The first thing: warning against rushing into a fatwa that is not based on the Book of Allah or the Sunnah of His Messenger (peace and blessings be upon him) or the sayings of the trusted scholars when it is difficult to take the ruling from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). And secondly, what you did, O brother, where you wore your clothes when you threw the Jamarat al-Aqabah before shaving, and there is nothing on you for that, because you were ignorant. And the ignorant one who does not know which prohibited act he is doing has nothing on him for it. Then, in your question, you said: before I shave or shorten or take a few strands. And this indicates that you think that taking a few strands is sufficient for shortening, and this is not correct. For taking a few strands is not sufficient, rather it is necessary to shorten in a way that covers the entire head, either shaving that covers the entire head, or shortening that covers the head as well. As for taking a few strands from one side, as most ignorant people do, this is not sufficient and it is not permissible to settle for it.
The questioner : May Allah reward you.
The questioner : This questioner is M. T. R., a Syrian teacher in Yemen.