The Conditions of the One Who Commits the Prohibitions of Hajj
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Know that the one who commits the prohibitions falls into three categories: 1. That he is excused.
Meaning: He is in need of committing the prohibited act, so he does it intentionally out of need and necessity; this is permissible, but he owes a fidyah (ransom payment),Its example is: shaving the head,A person was told: if your treatment requires shaving the head, then shave it; he commits no sin, but he owes the fidyah.
2. That he commits it while excused by ignorance, forgetfulness, or compulsion; in this case, he owes nothing, neither sin nor fidyah,Its example is: if he kills game without knowing that it is forbidden, he owes nothing, no fidyah and no sin.
Another example: If he applies perfume thinking that perfume is not forbidden, he owes nothing, no sin and no fidyah.
A third example: A pilgrim with his wife who left 'Arafah for Muzdalifah and had intercourse with his wife that night, thinking that Hajj was 'Arafah and that 'Arafah had ended; he owes nothing, no sin, no fidyah, and no making up of the act, because he was ignorant.
A fourth example: A person who is circumambulating while in the state of ihram touched the Black Stone and did not know that there was perfume on it, so the perfume stuck to his lips; he owes nothing because he did not know, but from the moment he knows that perfume is stuck to him, he must remove it, but how does he remove it?If we say: He removes it with the clothes of ihram; it stuck to the clothes of ihram, so how? He removes it with a handkerchief and throws the handkerchief away; he does not keep it with him.
So what if he does not have a handkerchief? If it is possible to remove it with the covering of the Ka'bah, he wipes it with his hand like this and wipes the covering of the Ka'bah until it is gone. If he is unable to do so, he commits no sin, and the sin is upon the one who put the perfume on the Black Stone, because he is the one who forced the Muslims to wipe this perfume. Therefore, these poor people pour perfume on the Stone and on the covering of the Ka'bah, and it may be one of the most expensive types of perfume. By doing so, they are closer to sin than to safety regarding the Black Stone. As for reward, they have no reward except for their intention, because they smear the Muslims with it, and they sin by doing so, because they force the Muslims to sin, even if the Muslim is ignorant and does not know, in which case he commits no sin.
The one who commits the prohibited act either does it intentionally but for an excuse that permits the act; this is permissible, but he owes the fidyah,And among them: if a person is forced to eat and finds nothing but a hare while fasting, he kills it or slaughters it if he can catch it while in the state of ihram and eats it, but he owes the penalty.
The second: If he commits the prohibited act while excused by ignorance, forgetfulness, or compulsion, he owes nothing at all, and the evidence is: (the saying of Allah, Blessed and Exalted is He: [al-Baqarah: 286] So Allah said: I have done so) .
And Allah the Exalted said: [al-Ahzab: 5] And he did not do it intentionally.
The third condition: If he commits the prohibited act without an excuse, while knowing, remembering, and choosing to do so, he is sinful and owes the fidyah.
We ask Allah to make our Hajj and yours a Hajj that is accepted, our sins forgiven, and our effort rewarded, and to bestow upon us from Him mercy, for He is the Bestower.
Meaning: He is in need of committing the prohibited act, so he does it intentionally out of need and necessity; this is permissible, but he owes a fidyah (ransom payment),Its example is: shaving the head,A person was told: if your treatment requires shaving the head, then shave it; he commits no sin, but he owes the fidyah.
2. That he commits it while excused by ignorance, forgetfulness, or compulsion; in this case, he owes nothing, neither sin nor fidyah,Its example is: if he kills game without knowing that it is forbidden, he owes nothing, no fidyah and no sin.
Another example: If he applies perfume thinking that perfume is not forbidden, he owes nothing, no sin and no fidyah.
A third example: A pilgrim with his wife who left 'Arafah for Muzdalifah and had intercourse with his wife that night, thinking that Hajj was 'Arafah and that 'Arafah had ended; he owes nothing, no sin, no fidyah, and no making up of the act, because he was ignorant.
A fourth example: A person who is circumambulating while in the state of ihram touched the Black Stone and did not know that there was perfume on it, so the perfume stuck to his lips; he owes nothing because he did not know, but from the moment he knows that perfume is stuck to him, he must remove it, but how does he remove it?If we say: He removes it with the clothes of ihram; it stuck to the clothes of ihram, so how? He removes it with a handkerchief and throws the handkerchief away; he does not keep it with him.
So what if he does not have a handkerchief? If it is possible to remove it with the covering of the Ka'bah, he wipes it with his hand like this and wipes the covering of the Ka'bah until it is gone. If he is unable to do so, he commits no sin, and the sin is upon the one who put the perfume on the Black Stone, because he is the one who forced the Muslims to wipe this perfume. Therefore, these poor people pour perfume on the Stone and on the covering of the Ka'bah, and it may be one of the most expensive types of perfume. By doing so, they are closer to sin than to safety regarding the Black Stone. As for reward, they have no reward except for their intention, because they smear the Muslims with it, and they sin by doing so, because they force the Muslims to sin, even if the Muslim is ignorant and does not know, in which case he commits no sin.
The one who commits the prohibited act either does it intentionally but for an excuse that permits the act; this is permissible, but he owes the fidyah,And among them: if a person is forced to eat and finds nothing but a hare while fasting, he kills it or slaughters it if he can catch it while in the state of ihram and eats it, but he owes the penalty.
The second: If he commits the prohibited act while excused by ignorance, forgetfulness, or compulsion, he owes nothing at all, and the evidence is: (the saying of Allah, Blessed and Exalted is He:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاAnd Allah the Exalted said:
And there is no blame upon you for that in which you have erred but [only for] what your hearts intended
وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْThe third condition: If he commits the prohibited act without an excuse, while knowing, remembering, and choosing to do so, he is sinful and owes the fidyah.
We ask Allah to make our Hajj and yours a Hajj that is accepted, our sins forgiven, and our effort rewarded, and to bestow upon us from Him mercy, for He is the Bestower.