The Difference Between Committing a Prohibited Act and Omitting an Obligatory Act in the Rulings of Hajj with Respect to the Fidyah

The questioner : Yes. Shaykh, does the obligation of the fidyah for one who omits a ritual out of ignorance, for example, or forgetfulness, not apply? They cite the athar of Ibn Abbas: "Whoever omits a ritual, he must slaughter a sacrificial animal." Does this not contradict the hadith of Ibn Umayyah regarding the man who came wearing a jubbah with the mark of khlouq on him, where the Prophet (peace and blessings be upon him) did not order him to pay the fidyah? Should we not apply this to the well-known rule that...

The Shaykh : This is my answer, as is my answer to Khalid, may Allah preserve him. Because what Ibn Abbas mentioned regarding one who omits something from his rituals or forgets it, "let him slaughter a sacrificial animal," is the omission of an obligatory act. But the hadith of the khlouq is the commission of a prohibited act.

The questioner : Well, he did not omit an obligatory act; he committed a haram act by coming while wearing a jubbah.

The Shaykh : Yes, and wearing a jubbah is prohibited in ihram.

The questioner : To the end.

The Shaykh : It is a prohibited act.

The questioner : And at the same time, it is the omission of an obligatory act.

The Shaykh : No, no, that is not correct. Otherwise, the omission of prohibited acts would be obligatory. But the obligatory act is existence, and the prohibited act is non-existence. That is, compliance with the obligatory act is existence, and this is non-existence. This is the difference. And the issue of the hadith of Ibn Abbas (may Allah be pleased with him and his father) will come to us, if Allah wills, and that it does not indicate what most jurists held regarding the obligation of omission.