The States of the One Who Commits the Prohibited Acts
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Then know that if a person commits these prohibited acts, he is in one of three states: either he commits them intentionally without an excuse, or he commits them intentionally for an excuse, or he commits them while ignorant, forgetful, or coerced. If he commits them intentionally without an excuse, he is sinful and he owes the expiation.An example of this: If a man shaves his head intentionally without an excuse, we say: he is sinful and he owes the expiation, but his pilgrimage is not invalidated; because the only thing that invalidates the pilgrimage is intercourse before the first state of release.
The second: That he commits them intentionally for an excuse. In this case, he owes the expiation but he is not sinful, just as Ka'b ibn Ujr (may Allah be pleased with him) did when he came to the Prophet (peace and blessings be upon him) while he was ill, his head full of lice, with the lice falling from his head onto his face. The Prophet (peace and blessings be upon him) said to him: (I did not think the pain had reached you to the extent I see) Then he informed him of the expiation and ordered him to pay it, because he did this intentionally for an excuse.
And like that: If a person is compelled to hunt, finding nothing to eat except game, and he kills game and eats it, he owes the penalty but he is not sinful.
The third: That he does it while ignorant, forgetful, or coerced. In this case, nothing is required of him—neither sin nor expiation.because of the saying of Allah the Exalted: [al-Baqarah: 286] Allah the Exalted said: I have done so.
And by His saying, Exalted is He: [al-Nahl: 106] If disbelief, which is the greatest of sins, has its ruling lifted in the case of coercion, then what is less than it is all the more so. Based on this, if a person enters the state of ihram and wears the two garments, but he forgets to remove his trousers and does not remember until during the rites, for example after he has performed the circumambulation, and he remembers and removes the trousers immediately, does he owe anything?
No, why? Because he was forgetful.
If a person steps on a hare without knowing it is there until it dies, while he is in the state of ihram, he is not sinful and he does not owe the penalty; because he was ignorant.
If he hunts a hare thinking that a person in the state of ihram is not forbidden from hunting unless he enters the boundaries of the sacred precinct, he owes nothing; because he was ignorant.
If a man coerces his wife and has intercourse with her while she is unwilling and unable to free herself from him, she owes nothing; because she was coerced.
So the rule for the one who commits the prohibited acts is as follows: First: what he does intentionally without an excuse, its ruling is sin along with the expiation, except for what has no expiation, such as contracting marriage; he does not owe an expiation but he is sinful, and the marriage is not valid.
The second: What he does intentionally but with an excuse, he is not sinful but he owes the expiation.
The third: What he does while forgetful, ignorant, or coerced, nothing is required of him, neither sin nor expiation. This is from the grace of Allah the Exalted and His making things easy for His servants.
The second: That he commits them intentionally for an excuse. In this case, he owes the expiation but he is not sinful, just as Ka'b ibn Ujr (may Allah be pleased with him) did when he came to the Prophet (peace and blessings be upon him) while he was ill, his head full of lice, with the lice falling from his head onto his face. The Prophet (peace and blessings be upon him) said to him: (I did not think the pain had reached you to the extent I see) Then he informed him of the expiation and ordered him to pay it, because he did this intentionally for an excuse.
And like that: If a person is compelled to hunt, finding nothing to eat except game, and he kills game and eats it, he owes the penalty but he is not sinful.
The third: That he does it while ignorant, forgetful, or coerced. In this case, nothing is required of him—neither sin nor expiation.because of the saying of Allah the Exalted:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاAnd by His saying, Exalted is He:
Whoever disbelieves in Allah after his belief... except for one who is forced [to renounce his religion] while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah, and for them is a great punishment;
مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْأِيمَانِ وَلَكِنْ مَنْ شَرَحَ بِالْكُفْرِ صَدْراً فَعَلَيْهِمْ غَضَبٌ مِنَ اللَّهِ وَلَهُمْ عَذَابٌ عَظِيمٌNo, why? Because he was forgetful.
If a person steps on a hare without knowing it is there until it dies, while he is in the state of ihram, he is not sinful and he does not owe the penalty; because he was ignorant.
If he hunts a hare thinking that a person in the state of ihram is not forbidden from hunting unless he enters the boundaries of the sacred precinct, he owes nothing; because he was ignorant.
If a man coerces his wife and has intercourse with her while she is unwilling and unable to free herself from him, she owes nothing; because she was coerced.
So the rule for the one who commits the prohibited acts is as follows: First: what he does intentionally without an excuse, its ruling is sin along with the expiation, except for what has no expiation, such as contracting marriage; he does not owe an expiation but he is sinful, and the marriage is not valid.
The second: What he does intentionally but with an excuse, he is not sinful but he owes the expiation.
The third: What he does while forgetful, ignorant, or coerced, nothing is required of him, neither sin nor expiation. This is from the grace of Allah the Exalted and His making things easy for His servants.