What is the obligation of one who leaves out a rite of Hajj? We ask for a detailed ruling on this matter.
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The Shaykh : Yes?
The questioner : Hello.
The Shaykh : Yes?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : The Shaykh : Nasser?
The Shaykh: Yes.
The questioner : How are you, my Shaykh?
The Shaykh : I praise and thank Allah.
The questioner : I hope you are well, if Allah wills?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah keep you in health. I am speaking from the UAE.
The Shaykh : Welcome.
The questioner : May Allah welcome you, O Shaykh.
The Shaykh : May Allah give you life.
The questioner : I do not want to take up too much of your time, Shaykh. I have a question. May Allah reward you!
The Shaykh: Go ahead.
The questioner : Shaykh, regarding the obligatory fidyah for leaving out an obligatory act!
The Shaykh: Yes.
The questioner : Does it fall under the fidyah of harm, or the blood of the hady, and the like?
The Shaykh : No, it is not the fidyah of harm.
The questioner : Okay, so regarding the fidyah of harm, for the one who commits it, some opinions say there is a choice, and some opinions say: No, the blood is first, then fasting, and feeding six poor people, or the reverse, for example.
The Shaykh: Yes.
The questioner : So regarding leaving out an obligatory act, do we apply the same thing to it?
The Shaykh : If it is a fidyah, yes, but here.
The questioner : One who left out the stoning of the pillars?!
The Shaykh : But here, I wanted to say, wait for me a little.
The questioner: Yes.
The Shaykh : Here, many scholars are expansive in imposing fidyah on pilgrims. It is as if one of them forgets a rite of the rites, or commits a mistake unintentionally, and then the problem is solved with the word: "You owe a blood sacrifice." There is an unsatisfactory expansion in these blood sacrifices, because there is no text in the Book, nor in the Sunnah, that obligates fidyah for every mistake a pilgrim or one performing 'Umrah commits.
The questioner: Yes.
The Shaykh : So there is an undesirable expansion. In summary, one should stop at the text, for example:[Al-Baqarah 2:196], this is a text in the Noble Qur'an.
The questioner: Yes.
The Shaykh : As for this expansion, it is not prescribed. Perhaps this answer will save you many questions?!
The questioner : But my question is, let us suppose now, for example: let us take this example, if it burdens you a little, allow me. The issue now, for example, is leaving out an obligatory act, like the stoning of the pillars, for example!!
The Shaykh : My brother, ask the one who says the fidyah is obligatory here. We do not say this.
The questioner : I mean, you say there is no evidence!
The Shaykh : Yes, I told you previously.
The questioner : So, for example, in this case, is it considered a deficiency in the man's Hajj, or?
The Shaykh : Of course, this varies depending on the deficiency that occurred from him. First: did it occur intentionally or by mistake? Second.
The questioner : The man.
The Shaykh : Listen, my brother, may Allah guide you. Listen, do not interrupt my speech.
The questioner : If Allah wills.
The Shaykh : When one says to you: "First," you should be aware that there is a "Second."
The questioner: Correct.
The Shaykh : And if he says to you: "Second," you should be aware that there may be a "Third."
The questioner : If Allah wills.
The Shaykh : Therefore, be patient, and your patience is only through Allah.
The questioner : If Allah wills.
The Shaykh : So I say, first: we must know whether this mistake or this omission that occurred from this pilgrim was intentional or by mistake. If it was intentional, he is sinful. If it was by mistake, he is not sinful. But in either case, if there is still room for them to make up what they lost, they are ordered to perform it. However, if the time has passed, then for the intentional one, the matter is settled, and there is no room for making it up. His sin is sufficient, and the blood does not remove the sin from him. But if he was inattentive or ignorant, it is sufficient for him to make up what he missed, and he owes nothing. Here comes his saying (peace and blessings be upon him) in the hadith agreed upon by the scholars:Sunan Abi Dawud 2015Sahih (Al-Albani) Now I have finished. Have you finished?
The questioner : A little clarification as well, may Allah reward you. We have, for example, one of the brothers who left out the stoning of the pillars intentionally but for an excuse. I mean, when he went up to the bridge of the pillars, there was severe crowding such that there were dead bodies, and he personally stepped on some of the dead bodies, so he was affected by a kind of hysteria. And this was on the second day of the days of stoning, so he left the place and returned all the way to the UAE without stoning on the second day.
The Shaykh : And he returned hysterical?
The questioner : He returned, I mean, exhausted. He says: two days until he recovered.
The Shaykh : How?
The questioner : He was affected by a psychological state!
The Shaykh : Did you not understand?
The questioner : I mean, when he stepped on the dead bodies!
The Shaykh : My brother, I understood that when he stepped on the dead bodies he became hysterical, but did the hysteria last with him?!
The questioner : By Allah, the hysteria pushed him to rush to the UAE immediately. It did not last, of course, immediately, but it was the same moments, an hour.
The Shaykh : This is not reasonable, may Allah forgive you. Did he take the car or the plane?
The questioner: Huh?
The Shaykh : Did he take the car or the plane?
The questioner : No, he took the plane.
The Shaykh : Okay, and how did he take the plane while he was hysterical?!
The questioner : No, no, he was conscious, I mean, the psychological state affected him at that time. It was not all the time, may Allah reward you!
The Shaykh : Yes, this is what I wanted to draw your attention to: that this person is not excused. He followed his head, he followed his desire, and such an action is not permissible for him at all, so he is sinful. Okay, did the problem stop here? Did he complete the Tawaf of Ifadah!
The questioner : No, no, he had performed everything!
The Shaykh : When did he perform it?
The questioner : He performed it in its time. I think it was on the first day, but this was on the second day of the days of Tashriq.
The Shaykh : Yes.
The questioner : On the basis that he would stone the pillar, then go to Makkah and perform the Tawaf of Farewell and travel.
The Shaykh: All right.
The questioner : So when he came to the Tawaf, this happened, so he set out to Makkah, performed the Tawaf of Farewell, and set out.
The Shaykh : And what is the Tawaf of Farewell?
The questioner : After he performed the Tawaf of Farewell, I mean, he set out returning to his country.
The Shaykh : It would have been, my brother, why did you fly and put this stick in the wheel for me and tell me: "He was hysterical"? Since he performed the Tawaf of Farewell, the one who performs the Tawaf of Farewell cannot stay overnight in Mina and stone the pillars, at least in a hurried manner.
The questioner : By Allah, this, Shaykh, may Allah reward you, his interpretation was that he said: I was affected by a psychological state, I mean, I was struck by fear of it.
The Shaykh : I do not believe him, and his action that you reported from him, that he performed the Tawaf of Ifadah, is not believable.
The questioner: Yes.
The Shaykh : Therefore, he is sinful, and we order him in the coming year, if Allah wills, to renew his Hajj, especially if this Hajj is the Hajj of Islam, i.e., the obligatory one, and he had not performed Hajj before. With this, we order him, and peace be upon you.
The questioner : May Allah reward you with good, Shaykh. Do you allow us for the lengthening, and peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : Hello.
The Shaykh : Yes?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : The Shaykh : Nasser?
The Shaykh: Yes.
The questioner : How are you, my Shaykh?
The Shaykh : I praise and thank Allah.
The questioner : I hope you are well, if Allah wills?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah keep you in health. I am speaking from the UAE.
The Shaykh : Welcome.
The questioner : May Allah welcome you, O Shaykh.
The Shaykh : May Allah give you life.
The questioner : I do not want to take up too much of your time, Shaykh. I have a question. May Allah reward you!
The Shaykh: Go ahead.
The questioner : Shaykh, regarding the obligatory fidyah for leaving out an obligatory act!
The Shaykh: Yes.
The questioner : Does it fall under the fidyah of harm, or the blood of the hady, and the like?
The Shaykh : No, it is not the fidyah of harm.
The questioner : Okay, so regarding the fidyah of harm, for the one who commits it, some opinions say there is a choice, and some opinions say: No, the blood is first, then fasting, and feeding six poor people, or the reverse, for example.
The Shaykh: Yes.
The questioner : So regarding leaving out an obligatory act, do we apply the same thing to it?
The Shaykh : If it is a fidyah, yes, but here.
The questioner : One who left out the stoning of the pillars?!
The Shaykh : But here, I wanted to say, wait for me a little.
The questioner: Yes.
The Shaykh : Here, many scholars are expansive in imposing fidyah on pilgrims. It is as if one of them forgets a rite of the rites, or commits a mistake unintentionally, and then the problem is solved with the word: "You owe a blood sacrifice." There is an unsatisfactory expansion in these blood sacrifices, because there is no text in the Book, nor in the Sunnah, that obligates fidyah for every mistake a pilgrim or one performing 'Umrah commits.
The questioner: Yes.
The Shaykh : So there is an undesirable expansion. In summary, one should stop at the text, for example:
But if you are prevented, then [offer] what can be obtained with ease of sacrificial animals
فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِThe questioner: Yes.
The Shaykh : As for this expansion, it is not prescribed. Perhaps this answer will save you many questions?!
The questioner : But my question is, let us suppose now, for example: let us take this example, if it burdens you a little, allow me. The issue now, for example, is leaving out an obligatory act, like the stoning of the pillars, for example!!
The Shaykh : My brother, ask the one who says the fidyah is obligatory here. We do not say this.
The questioner : I mean, you say there is no evidence!
The Shaykh : Yes, I told you previously.
The questioner : So, for example, in this case, is it considered a deficiency in the man's Hajj, or?
The Shaykh : Of course, this varies depending on the deficiency that occurred from him. First: did it occur intentionally or by mistake? Second.
The questioner : The man.
The Shaykh : Listen, my brother, may Allah guide you. Listen, do not interrupt my speech.
The questioner : If Allah wills.
The Shaykh : When one says to you: "First," you should be aware that there is a "Second."
The questioner: Correct.
The Shaykh : And if he says to you: "Second," you should be aware that there may be a "Third."
The questioner : If Allah wills.
The Shaykh : Therefore, be patient, and your patience is only through Allah.
The questioner : If Allah wills.
The Shaykh : So I say, first: we must know whether this mistake or this omission that occurred from this pilgrim was intentional or by mistake. If it was intentional, he is sinful. If it was by mistake, he is not sinful. But in either case, if there is still room for them to make up what they lost, they are ordered to perform it. However, if the time has passed, then for the intentional one, the matter is settled, and there is no room for making it up. His sin is sufficient, and the blood does not remove the sin from him. But if he was inattentive or ignorant, it is sufficient for him to make up what he missed, and he owes nothing. Here comes his saying (peace and blessings be upon him) in the hadith agreed upon by the scholars:
No harm will come; no harm will come
لا حرج لا حرجThe questioner : A little clarification as well, may Allah reward you. We have, for example, one of the brothers who left out the stoning of the pillars intentionally but for an excuse. I mean, when he went up to the bridge of the pillars, there was severe crowding such that there were dead bodies, and he personally stepped on some of the dead bodies, so he was affected by a kind of hysteria. And this was on the second day of the days of stoning, so he left the place and returned all the way to the UAE without stoning on the second day.
The Shaykh : And he returned hysterical?
The questioner : He returned, I mean, exhausted. He says: two days until he recovered.
The Shaykh : How?
The questioner : He was affected by a psychological state!
The Shaykh : Did you not understand?
The questioner : I mean, when he stepped on the dead bodies!
The Shaykh : My brother, I understood that when he stepped on the dead bodies he became hysterical, but did the hysteria last with him?!
The questioner : By Allah, the hysteria pushed him to rush to the UAE immediately. It did not last, of course, immediately, but it was the same moments, an hour.
The Shaykh : This is not reasonable, may Allah forgive you. Did he take the car or the plane?
The questioner: Huh?
The Shaykh : Did he take the car or the plane?
The questioner : No, he took the plane.
The Shaykh : Okay, and how did he take the plane while he was hysterical?!
The questioner : No, no, he was conscious, I mean, the psychological state affected him at that time. It was not all the time, may Allah reward you!
The Shaykh : Yes, this is what I wanted to draw your attention to: that this person is not excused. He followed his head, he followed his desire, and such an action is not permissible for him at all, so he is sinful. Okay, did the problem stop here? Did he complete the Tawaf of Ifadah!
The questioner : No, no, he had performed everything!
The Shaykh : When did he perform it?
The questioner : He performed it in its time. I think it was on the first day, but this was on the second day of the days of Tashriq.
The Shaykh : Yes.
The questioner : On the basis that he would stone the pillar, then go to Makkah and perform the Tawaf of Farewell and travel.
The Shaykh: All right.
The questioner : So when he came to the Tawaf, this happened, so he set out to Makkah, performed the Tawaf of Farewell, and set out.
The Shaykh : And what is the Tawaf of Farewell?
The questioner : After he performed the Tawaf of Farewell, I mean, he set out returning to his country.
The Shaykh : It would have been, my brother, why did you fly and put this stick in the wheel for me and tell me: "He was hysterical"? Since he performed the Tawaf of Farewell, the one who performs the Tawaf of Farewell cannot stay overnight in Mina and stone the pillars, at least in a hurried manner.
The questioner : By Allah, this, Shaykh, may Allah reward you, his interpretation was that he said: I was affected by a psychological state, I mean, I was struck by fear of it.
The Shaykh : I do not believe him, and his action that you reported from him, that he performed the Tawaf of Ifadah, is not believable.
The questioner: Yes.
The Shaykh : Therefore, he is sinful, and we order him in the coming year, if Allah wills, to renew his Hajj, especially if this Hajj is the Hajj of Islam, i.e., the obligatory one, and he had not performed Hajj before. With this, we order him, and peace be upon you.
The questioner : May Allah reward you with good, Shaykh. Do you allow us for the lengthening, and peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.