What is the ruling on a pilgrim who cuts down trees to set up a tent in Mina, unaware that Mina is within the boundaries of the Haram?
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The questioner : May Allah reward the honorableThe Shaykh : I performed Hajj, and when I descended to Mina, I set up the tent and then removed the trees in the spot where the tent was to be. I did not know that Mina is within the boundaries of the Haram. What is the ruling? May Allah guide you.
The Shaykh : The ruling is that a person owes nothing if he commits one of the prohibitions while unaware, forgetful, or coerced. This is a general rule: if a person commits any of the prohibitions in the state of ihram or in the Haram while forgetful, unaware, or coerced, he owes nothing. For this reason, if locusts spread across a path—and locusts are game, which is forbidden if one is within the boundaries of the Haram or in the state of ihram, even if outside the boundaries—should we say, "Stop and do not walk until the locusts leave the ground," or should we say, "Walk, and if you hit something you did not intend, you owe nothing"? The first or the second? The second, because Allah does not burden a soul beyond what it can bear. Likewise, regarding the trees in Mina or Muzdalifah: if you uproot them intentionally, it is forbidden for you. But if you do not uproot them, yet you spread a mat and they break because of spreading the mat, and you did not intend that, there is no blame on you.
The Shaykh : The ruling is that a person owes nothing if he commits one of the prohibitions while unaware, forgetful, or coerced. This is a general rule: if a person commits any of the prohibitions in the state of ihram or in the Haram while forgetful, unaware, or coerced, he owes nothing. For this reason, if locusts spread across a path—and locusts are game, which is forbidden if one is within the boundaries of the Haram or in the state of ihram, even if outside the boundaries—should we say, "Stop and do not walk until the locusts leave the ground," or should we say, "Walk, and if you hit something you did not intend, you owe nothing"? The first or the second? The second, because Allah does not burden a soul beyond what it can bear. Likewise, regarding the trees in Mina or Muzdalifah: if you uproot them intentionally, it is forbidden for you. But if you do not uproot them, yet you spread a mat and they break because of spreading the mat, and you did not intend that, there is no blame on you.